Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
12/06/1999 - City Council Regular
AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 6,1999 6:30 P.M. L ROLL CALL&PLEDGE OF ALLEGIANCE IL ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. APPROVE Development&Business Assistance Policy ^/2 B. UPDATE on National League of Cities Conference V. CONSENT AGENDA(PINK) $A. PERSONNEL ITEMS dOB' FINAL PLAT for Altobelli Addition,Rocco and Diane Altobelli d.3 C. TRASH HAULER license,New Earth Services,Inc. ^ D. 2000 JOINT POWERS AGREEMENT for Dakota County Drug Task Force �3SE. RESOLUTION to convey property from the South Metro Drug Task Force to the Dakota County Drug Task Force P39 F. FEDERAL Equitable Sharing Agreement L f 10 G. APPLICATION for conveyance of tax-forfeited land for public use �L/OZH. APPROVE 1999/2000 D.A.R.E. and Police Liaison Agreement between School District#196 and the City of Eagan 4/61. EXEMPTION from lawful gambling license for the South Metro Chapter/Minnesota Deer Hunters Association for a raffle to be held on February 25,2000 at Royal Cliff LICENSE RENEWALS for the year 2000,trash hauler,tobacco,stable,amusement device and pet shop 57// K APPROVE on-sale licensee name change for Sodexho Marriott Management,Inc. (dba River Park)currently licensed as Marriott Management Services Corp. �,5�L. RECEIVE petition/authorize feasibility report(Hwy 3 South of Diffley Rd/Garden of Eagan- Sanitary Sewer&Water Improvements) b 5 M. REVISE Joint Powers Agreement,Gun Club Lake Watershed Management Organization r 5 N. CONTRACT 98-17,approve final payment,authorize City maintenance(Country Home Heights -Street&Storm Sewer Improvements) 580. RECEIVE petition/order public hearing-public right-of-way vacation(Wescott Woodlands) P. RECEIVE petition/order public hearing-easement vacation(Century Addition) 6 a Q. RECEIVE petition/order public hearing-easement vacation(Comsery No.1) 161 R. EXTENSION for recording the final plat of Pruesses Second Addition 3 S. APPROVE off-sale licensee name change for Brar Enterprises Inc. (dba Blackhawk Liquor) v currently licensed as Jasbir S.Brar P 6 T. CONTRACT 99-09,approve Change Order No.1,Advent United Methodist/Patrick Eagan Park (Utilities&Parking Lot) O U. PROJECT 97-00,acknowledge completion/authorize City maintenance(Fagandale Corporate �r Center No.2) (p / V. RECEIVE petition/order public hearing-easement vacation(Lexington 2nd Addition) /0 W. FINAL SUBDIVISION,Eagan Pointe,Duke Weeks Realty VL 6:45-PUBLIC HEARINGS(SALMON) A. PROPOSED budget and property tax levy for 2000 t7 B. PROPOSED Cedarvale Special Services District budget and property tax levy for 2000 ? C. VACATE public drainage&utility easement(Gardenwood Ponds 4th Addition-Lot 8,Block 2) D. VACATE public drainage&utility easement(Brookstone Amcon 1st Addition) e E. VACATE public drainage&utility easement(Kingswood Ponds 1st Addition-Lot 4,Block 2) VII. OLD BUSINESS(ORCHID) 1 a A. CITY WIDE Y2K Contingency Plan VIII. NEW BUSINESS (TAN) A. RESOLUTION approving the 2000 Fee Schedule establishing fees for various City services, JJ / supplies and materials B. COMPREHENSIVE GUIDE PLAN AMENDMENT-Tom Gallagher,to amend the use of 15.7 acres from D-III Mixed Residential and RB(Roadside Business)to NB(Neighborhood Business), a REZONING from RB(Roadside Business)to PD(Planned Development)and a PRELIMINARY SUBDIVISION(Diffley Plaza)of the 15.7 acres to create seven lots,located on the southwest corner of Diffley Road and Johnny Cake Ridge Road in the NW 1/4 of Section 28 and the NE 1/4 of Section 29 /7 C. CONDITIONAL USE PERMIT-Jay Tyler Company,to allow outdoor storage on property located at 1725 Meadowview Road,located in the NE 1/4 of Section 8 O� 63D. CONDITIONAL USE PERMIT-Delite Outdoor Advertising,Inc.,to allow a billboard on Soo Line Railroad right-of-way,located north of Coca-Cola Bottling Company in the SW quadrant of Trunk Highway 55 and I-35E in the NE 1/4 of Section 3 E. REQUEST by EAA(Fagan Athletic Association)to give consideration for a community activity center IX. LEGISLATIVE E'=GOVERNMENfAL 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 12/3/99-11:15 a.m. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 9; 1999 A special meeting of the [ agan City Council was held on Tuesday, November 9, 1999 at 4:45 p.m. in the Eagan City Council mbers. Present were Mayor Awada and Councilmembers Bakken, Blomquist and Masin. City CQilmember Carlson was absence due to a death in the family. Also present were Chief of Police Therkelsen,,Qirector of Finance VanOverbeke, City Engineer Matthys, Director of Parks & Recreation Vraa, ;tib?. p £e t #¢r Verbrugge, Senior Planner Ridley, Chief Building Official Reid and City Adminisk Mei s: :� ada asked if there were any additions or changes to the agenda. It was suggesWO.,that the Aquatic Facility Fund Budget and Business Community Forums be reversed in order on the at;da due to the fact that all participants had not arrived at the meeting to discuss the Business Conifi bnity Forums. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the agenda as amended. All members voted aye. Mayor Awada stated that Councilmember Carlson's husband's grandfather died and the funeral was held on this day resulting W..Gouncilmember Carlson's absence from the Special City Council meeting. �JSITORg: BE HEARD Mayor Awada asked if;:4) ;-m6tt�Coc+a;:INBpt who wanted to comment under Visitors to be Heard;there was no one presents::............... AQUATIC FACILITY FUND BUDGET City Administrator Hedges stated that as a result of direction at the November 1 Special City Council meeting, staff provided additional explanation,1X1 the capital and food service questions, hours of operation and the sale of non-resident segspe►:v its. Mayor Awada asked if there were any questions regarding the written explanation q06KR#JoDL r A&the capital or food service. There were no questions for City Council discussion-:40K.-:011W:ttetiis;;:INayor Awada noted a consensus by the City Council. Councilmember Masin noted:. any reas44 have been stated by City staff to continue the hours of operation with an opening at 1>:�^Q} :tt�.;.35 opposed to any earlier starting time and suggested that for the reasons stated in the staff memora�icl;;i�t�#kk;council should not support a change in the start time for the 2000 season. After further discussion aild'1*itk.0}i;<iian by Councilmember Masin, seconded by Councilmember Bakken,the hours of operation for Cascade•1 I for the 2000 season remain the same as 1999. Staff was encouraged to pursue utilization of the pool for other scheduled activities outside the regular hours of operation as previously proposed. All members voted aye. Councilmember Masin stated that surrounding communities that have outdoor swimming pools or aquatic facilities have always agp9mmodated ��gaR residents by issuing non-resident passes and it would be appropriate that the Citi ¢:6i,�a.e i�;4hg:is ime courtesy to neighboring communities. ;.:. ., She further stated that the staff recoC'--- nda 4-;# ;M*f'aflow the sale of any non-resident passes until April 1, 2000 with a $10 surcharge s9Ws reasc". Mayor Awada suggested June 1 as the date to allow the sale of non-resident pass ga;:; After,uAher discussion, Councilmember Blomquist moved, Councilmember Bakken seconded :notion tee- vy for the sale of non-resident season passes to ' Cascade Bay at an additional cost of.,, Sig non-resident season passes will become available after May 15,2000. The CiJl~,''iSiiftGiI t';6he maximum of 10,000 season passes could be sold with a maximum of 1,500 of those sold to non-residents. All members voted aye. BUSINESS/COMMUNITY FORUMS City Administrator Hedgfi--: ti2t#ie attended a meeting with Cindy Johnson, President of the Dakota County Charrow. '��ommdrWC i#t Stapleton, Chair of the Eagan Chamber of Commerce, and Johanna Mowinkle¢:; Sponsible for gQnment action at the Eagan Chamber of Commerce, to discuss whether the Cb.and Chamber shoX.;jeinstitute the Business Community Forums that were held every other month ap cimately three to f&?.years ago. Mayor Awada welcomed Jan Stapleton and Cindy Johnson, who vi+ft aasyt. ;'3> :� ice, to join the City Council to discuss this agenda item. Jan Stapleton, Chaii: : ;:; ;gi7;:?Es3ir of Commerce, provided a number of comments in support of holding the meetings, stating that there are always timely issues that involve the community and would be of interest to business. Cindy Johnson, President of the Dakota County Chamber of Commerce, stated that she was not present with the Chamber when the last business forums r _ Page 2/Eagan Special City Council Meeting Minutes November 9, 1999 - were held, but heard feedback and would like the City and Chamber to engage in similar forums next year. City Councilmember Blomquist stated ttS :she is very supportive of reinstituting the meetings and felt the value for the business community and:#tal government was strong when they were held three to four years ago. Councilmember Masin a&;� if the forums are for Chamber members only or the entire business community. Chamber Presidef:4b't�Surjc .fiotification would go to the entire business community, similar to the format used tW--. ;t .....;3 .S forums were held. It was the consensus that the meetings are more beneficial•:4.;they are held at locations other than City Hall to the extent possible. Councilmember Bakken sug . ted that the forums be scheduled on a quarterly basis during calendar year 2000. Eagan Chamber-{ it Stapleton and Dakota County Chamber President Johnson both concurred that quarterly would be sufficient for the first year. Jan Stapleton stated that the State of the City would more than likely be the first business forum to be scheduled for early February. It might be appropriate to offer surveys to those in attendance to help determine what topics would be beneficial for the Chamber and City to consider for tl1@,remainder of the year. Mayor Awada thanked0th Cin •5bhnson and Jan Stapleton for their coordination and planning for the upcoming City Chamb6x business;#t)*ums. UPDATE OSI;SBS}"A;I,S;&ACC-01 VIPLISHMENTS City Administrator Hedges'sfA1011idt'at'tti61 st Council retreat on July 6, direction was given to incorporate the City's work program and action plan developed by the City Administrator on behalf of all City departments and the fifteen (15) goals that were prioritized by the City Council into five (5) goal statements. He named each of the five goal statements and stated that each Councilmember was given a document entitled, "Goals and Action Plan 1999-2000"that contains the five written goal statements and a progress update on every objective that was approved Jor.4a of the goals. Mayor Awada thanked the City Administrator for preparing the information and; di �i Council and staff should plan for a retreat in December to review the goals for consrfjit :lsi: b. Councilmember Masin asked when the goals will be adopted that were discussed in j#& #g9$. Mayi :;Awada stated that the Council will need to meet and provide direction to the staff with�;yterttf a. ouncill"$6tification. Councilmember Blomquist spoke to the accomplishments memo prepared by'":'*-'*:;*... istrator and commended the City Administrator and staff for the amount of objectives that have 6eeid under each of the five goal statements during 1999. Councilmember Bakken suggested that ussion of specific goals be held off until Councilmember Carlson is present. Mayor Awada suggested that the City Council meet during the second week of December to review the goals. Councilmember Masin asked that the Advisory Parks & Recreation Commission look into plans for a millenium celebration during calendar 2000 based on information from the White House Millenium Commission. She suggested that the Commission consider a statute as one idea. Councilmember IA$in further stated that she is agreeable to a workshop to discuss further the 2000 goals and acJWn p18N:• Cp�tf§M'%ber Blomquist stated that she supports a meeting to review the goals, howeverry,?i iilt!'pt+ f:>'cS'ii'itfi�t�hg be held on cable. Mayor Awada stated that each member of the City CounciE$l#duld pre Y0 notes and a sentence on each topic in preparation for the goals meeting. She further st4�d that the•[ist prepared by the Administrator should include any additional items we know are plane&.14tfr 2000 all items that have been accomplished should be • deleted from the goals and action plai;ag: tti; tp ;C ?fi ember Masin asked about Y2K readiness. City Administrator Hedges stated thiifd to all of its Y21K responsibilities with the League of Minnesota Cities, has completed a recent City newsletter article and will be holding a final standing committee meeting with a full report coming back to the City Council at the December 6 meeting. After further discussion, it was agreed that the goal setting retreat would be scheduled for Thursday, January 13,2000 and that the meeting would be•helO on cable. There being no additio ar business,the mdiffing was adjourned at 5:35 p.m. Date ••••'•"" City Clerk TLH w MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan,Minnesota November 16,1999 A regular meeting of the Eagan City Council was held on Tuesday,November 16,1999 at 6:30 p.m. at the Eagan Municipal Center. Present ao,�.gre Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were:. y Administrator Tom Hedges,Senior Planner Mike Ridley, Director of Public Works Tom Colbert,Mtity Attorney Jim Sheldon. •... City Administrator Hedges meAiined that since newly appointed Police Chief Kent Therkelsen had not been previously sworn in as anan officer,he would be given the oath of office. He recognized and thanked Captain Jim McDonald for filling in during the interim. He also acknowledged Captain Rick Swanson for his role as Acting Chief. Finance Director/City Clerk VaBOverbeke administered the oath of office to Police Chief Therkelsen. ti•: Police Chief Therkelsen acl nm4gged his fly and thanked the Council for the opportunity to work for the City of Eagan. Mayor Awada noted that Councilmember Masin's appointment to the Dakota City Board would be added to Department Head Business as Item B. She further noted that Item A of Department Head Business, Campus Generator,was being continued indefinitely. She said that Eagan Government Day at Eagan High School was being added to the Administrative Agopda and Item D of the Consent Agenda, Trash hauler license, New Earth Services, Inc.,was bei • .; ed to the December 6, 1999 City Council meeting. ' Councilmember Bakken mov4 uncilmemb�i arlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 ' ..... ....... ,: INUTZ~9:QF #E ? BE ' PE1v7AL 11ETIN Councilmember Blomquist moved,Councilmember Bakken seconded a motion to approve the minutes as presented. Aye: 5 Nay:l" 0 tiiIitJ'fE$C3 3iE 1+,ItQVE18E 1 1999; PELIIEII Councilmember Blomquist mo,;fa }:CYritp�fieiL 'er�#�akken seconded a motion to approve the minutes as presented. Aye: 5 Nay: 01.'*,*.*.*.*.* I NI-IT 1VElri ,19 Gt A EEIII Councilmember Bakken requeSt+%�'$ie 'i'pii�eic2e in the fourth paragraph on page five be changed to precedents. He also noted that in the sixth paragraph on page nine the number of storage containers should be changed from fifteen to ten. On page ten,the number of storage containers in condition no.5 was changed from fifteen to ten. Councilmember Bakken moved,, i 1:-'P�rlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ISE A.G` ENS$i pitE A'TiONS Mayor Awada presented a ceii :peiati3A:3ii Dr.Tom Wilson, Eagan High School Principal,in honor of his receipt of th��i431tei ... on National Educator Award. EAGAN CITY COUNCIL MEETING MI 9=;NOVEMBER 16,1999 PAGE 2 Dr.Wilson thanked the City Council for the recognition. f...DP....Y........M.....E...N......�.....................B...U.....S...I..N....E....S...S... ..................................................................................... • WUS GENERATOR This item was continued indef: COUNCILMEMBER MAS1K-'.r;APPOINTMENT TO THE DAKOTA CITY BOARD Councilmember Masin requested tale City Council give consideration to participating in the Dakota County Fair in the year 2000. Mayor Awada congratulated Councilmember Masin on her appointment to the Dakota City Board. . f ��NSE�x Acs A. Personnel Items Item 1. It was recommended to approve.tbp.:. irip�,pf Robert Kriha as the Utility Construction Inspector. Item 2. It was recommended to approve'tfie'f� p7roeiif.0 ark Adams as Night Battalion Chief in the Volunteer Fire Department. Item 3. It was recommended to approve the hiring of Keith Wallace as a seasonal boot hockey official. Item 4. It was recommended to approve the hiring of Randgl :Boyden as a seasonal broomball/boot hockey official. Item 5. It was recommended to approN,p.;&Wigfffig of D el Cullen and Daniel Smith as seasonal broomball officials. Item 6. It was recommended to approve the hiring ol: Nonat as a seasonal rink attendant/sledding hill supervisor. Item 7. It was recommended to approve the hiring of Ronni Maas and Stacey Folden as seasonal skating instructors at the civic arena. Item 8. It was recommended to approve thg-,I�of Sean,Ca:.. ove as a seasonal concession worker at the civic arena. , Item 9. It was recommended to approv'*khe hiringW*David Olson and Dale Skogstad as seasonal skate guards at the civic arena. f• Item 10. It was recommended to accep ,ete tiiiaiA from Donna Tilsner,Program cit Events Supervisor in the Park cit Recreation Department. Item 11. It was recommended to accept the letter of resignation from Nancy Phipps,part-time Clerical Technician III in the Community Development Department. B. Extension for recording the Final Plat,49MN Eck agan. It was recommended to approve a 90 day extension of the recording require -'&Gramercy F. of Eagan located north of Yankee Doodle Road and east of Coachman Road withM SW 1/4 of Secticf :4: C. Consider approving renewals of ex:W&Ly liquor, ' s. °'-:2000,subject to review of applications, payment of fees and Police Departmen4M?fiended to approve the renewals of existing liquor licenses for 2000,subject to review of gffliCa a s,pa'yiiitnt of fees and Police Department reviews. • EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 16,1999 PAGE D. Trash hauler license, New Earth Services Inc. This item was continued to the December 6,1999 City Council meeting. E. Contract 99-12, approve finalinent authorize City maintenance(Silver Bell Road Galaxie/Slackhawk, Heritage/Bl@f� oss-Street&Traffic Signal ImprQvements) It was recommended to approve the final payment for Co yt {5i :W:# oad,Galaxie Avenue/Blackhawk Road, Heritage Lane/Blue Cross Road-Street ani#; ;.& :5gk[pravL�ments)in the amount of$10,021.87 to Ace Blacktop,Inc.,and accept the imp�qvements for perpetual City maintenance subject to warranty provisions. F. Receive petition/authorize feasiity report(Chapel Hill Baptist Church-Sanitary Sewer&Water Improvements). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 787(Chapel Hill Baptist Church-Sanitary Sewer and Water Improvements)and the associated plans and specifications. G. License renewals for the year 1 trash haWer,tobacco tree contractor, commercial fertilizer and paintball. It was recommended to:.Wrove t%.4cense renewals for the year 2000 for trash hauler,tobacco, tree contractor,commercial fertilia.:�an- d pai ll. H. Consider approval of the on-sal-#g1_kJngg%, :_Aange for HGIE LLC dba Hilton Garden Inn Eagancurrently licensed as Nue&t:Iu4di8*ZRME LLC dba Green Mill Eagan currentlX licensed as Nue&Torgerson, LLP. It was recommended to approve the on-sale liquor license name change for HGIE, LLC dba Hilton Garden Inn Eagan,currently licensed as Nue&Torgerson 11, LLP and GRME, LLC dba Green Mill Eagan,currently licensed as Nue&Torgerson,LLP. I. Change Order,Cascade BYIt was recommended tgarove Change Order#7 for Cascade Bay in the amount of$33,067. J. Approve amendment to the Ioint-:F4;; * igieem for the Black Dog Watershed Management Organization. It was recommendeR8:a��rove theieitised and restated Joint Powers Agreement for the Black Dog Watershed Management Or # :p�ytl,appoint Water Resources Coordinator Eric Macbeth as Eagan's delegate and Group AA alternateT'diiW%'A.i.�; .term effective January 1,2000. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 HOST APPROVAL FOR THE IS # E Q :A,t ? TUE BONDS TO FINANCE HOUSING FACILITIES AND ADOPTION.... i Ht ,. GftOJECT-DAKOTA COMMUNITIES INC. City Administrator Hedges f avided aap.verview on this item. Mayor Awada opened the p,� c ;pgiyishing to speak. Councilmember Masin moved,Councilmember Bakken seconded a motion to approve the resolution giving host approval to the issuance of revenue bonds and authorization to execute the Joint Powers Agreement-Dakota Communities,Inc.and to waive the City's$500 application fee. Kathleen LeMay,President/CEQ:4:, :�tinities,Inc.,provided information about their development proposal. There being no one else wishigg;ko speak,Mayor Avada closed the public hearing. A vote was taken on the motto i,' $:: '*x EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 16,1999 PAGE CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges provided an overview on this item. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Bakken moved,Councilmember Carlson seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATE PORTION OF OLD SIBLEY MEMORIAL HIGHWAY PUBLIC RIGHT-OF-WAY (JOHN J.YOUNG-PARCEL 013-56, SEC.19) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Carlson moved,Councilmember Bakken seconded a motion to close the public hearing and approve the vacation of a portion of public street right-of-way on Old Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLDIUSINESS ........................................ ......................................... ACCEPT REPORT,COMMUNITY FACILITIES LAND ACQUISITION TASK FORCE City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa gave a staff report. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to accept the Community Facilities Land Acquisition Task Force Report and provide direction to staff to commit to the purchase of 45 acres,to continue to pursue the public-private partnerships,continue negotiations to acquire the property by eminent domain,if necessary,and to explore all possible funding options. Lee Markell, Chair of the Advisory Parks Commission,urged the Council to consider purchasing additional land beyond the 45 acres. Mike Ferber,Community Facilities Land Acquisition Task Force Member,also encouraged the Council to purchase additional land. Councilmember Bakken suggested the motion be amended to specify that the 45 acres of land to be acquired is the land identified in the Task Force report. He also suggested a language revision. Councilmember Blomquist said that she had no objection to correcting the language. She added that the Council needs to seriously look at creative ways to fund this purchase. Councilmember Masin offered an amendment to the motion to commit to the purchase of a minimum of 45 acres. Councilmember Blomquist accepted the amendment. Revised motion: To accept the Community Facilities Land Acquisition Task Force Report and provide direction to staff to commit to the purchase of a minimum of 45 acres identified in the task force report, to continue to pursue the public-private partnerships, continue negotiations to acquire the property by eminent domain,if necessary,and to explore all possible funding options. Councilmember Carlson disagreed with the amendment and said that the Task Force had previously indicated that 34 acres would be sufficient and now has indicated that 45 acres is adequate. She stated that she was in agreement with the 45-acre recommendation. EAGAN CITY COUNCIL MEE`nNG MINUTES;NOVEMBER 16,1999 PAGE Mayor Awada read a letter sent to the City from Unisys and Lockheed Martin. She commented on the dollars that will be saved by sharing the land and parking facilities of the corporate neighbors. Councilmember Carlson noted M-Duke Weeks Realty is cooperating with the City regarding the purchase of the 45-acre site and said thafrequesting to purchase additional land may cause problems. She said she would like to avoid eminent doh:j :0:• b! ......t..!W €ort to keep the process moving forward. A vote was taken on the motion.;.4ye: •5�Nay: 0 •� OFFI (NORTHWOOD PARKWAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Dennis Trooien, attorney repregp.9 La :Wenzel,stated that his client would like the Council to cancel Official Map#1. He stated that tlalignm :bf the proposed development could change as the final site plan is developed. He further:ytated thaOE- e Council were to adopt the Official Map it may be necessary for his client to take legal steps to rep .%.- r an eminent domain process. He mentioned that another meetingwith staff regarding '•' g g t1tQ.:' �ttl�?: ? SS. been scheduled for the following day. Mayor Awada said that the City is committed to constructing the road in this general alignment but said she was willing to cancel the Official Map and hopes that negotiations will continue to be fruitful. She expressed concern that attempts will be made to negotiate densities for alignment. She added that she would prefer to adopt the Official Map since the road has to be constructed in this area. Councilmember Blomquist moved, Councijm filson seconded a motion to cancel Official Map#1 (Northwood Parkway)and not aut 'i 'on of right-of-way through Eminent Domain. Councilmember Blomquist stat X.....%. •that.tbe proc63fneeds to be moved along. Councilmember Bakken agreed_that the process should be'fliil:*Aqrihowever,he disagreed with the method. He said 8'•: that since the road is going to be constructed in�ETi�3:; :€1�: should accommodate the road. He further said that he was not willing to assume that negotiations vi* uccessful. Mayor Awada questioned if the map could be changed to accommodate the alignment of the plat. City Attorney Sheldon indicated the map could be changed. Councilmember Carlson questioned if the map is cancelled and negotiations break down could the map be placed on a future agenda for adoption. City Attorney Sheldon stated that the proce�s.would have to start over. X. Councilmember Bakken noted:C;Eti1'fieabi ' 'ver a land deal both the applicant and City must strive torotect their own intere p :;:C0e Carlson said she did riot want to set an adversarial tone with the developer. r, - • Councilmember Blomquist mc±dcBS :ftli X. Councilmember Bakken said that he was leaning toward adopting the Official Map to protect the interests of the City. He further said that since the entire process would need to start over if the Official Map were cancelled the City Council should adopt the map in the best interest of time and efficiency. Mayor Awada noted that the City could accopututk tea change in the road of a few feet in order to accommodate the wetland if necessary. Mr.Trooien said that in order pf otect Mr.Wenz9f:trights he would be required to act within a certain amount of time to file an inverse condemnation suit.;pity Attorney Sheldon stated that it would be necessary to bring this action rather tl p..* have the develoi.4%.-s rights waived. Councilmember Masin seconotion. Aye: 3 Nay: 2 (Mayor Awada .and Councilmember Bakken opposed) EAGAN CITY COUNCIL MEETING MINUTES;NOVEMBER 16,1999 PAGE Mayor Awada said she would be voting against the motion and said that the Council should adopt the map in case negotiations break down. She expressed concern that the developer would use the cancellation of the Official Map as a nego940ng tool. A vote was taken on the motion' cancel Official Map#1. Aye: 3 Nay: 2 (Mayor Awada and Councilmember Bakken opposed) PROJECT 663 ADJUSTMENT TQ.�TNAL ASSESSMENT ROLL,VALLEY VIEW PLATEAU (STNS AND STORM SEWER) City Administrator Hedges provided an overview on this item. Mayor Awada-apologized to the residents for the calculation error that was made by the Finance Department. Councilmember Bakken moved,.Councilmember Carlson seconded a motion to approve an adjustment to the certified Final Assess t Roll for-Project 663,Valley View Plateau and authorize the appropriate refunds with interest on cagt: iayment ;cif the rate of 6.5%. Councilmember Blomquist statMihat one' ic+Y concerns about the assessment process is the inequities and the differences that exist ty'S Bklcx4oxflc}es another example. She called for the motion. .......... Mayor Awada stated that this matter had nothing to do-with the assessment policy,but rather occurred as a result of an accounting error. Myrel Lundsten stated that the error occurred because.the trunk storm sewer was supposed to be calculated by square foot and not by benefit. Finan�e;I der:-VanOverbeke stated that such mistakes are not interpretations of the assessment policyg ; : nsistencies in the application of the assessment policy. He further noted that the apprq '3f6: cijitStmerijfiare made for such administrative errors. A vote was taken on the motion.' :. ., SCHEDULE STANDING COMNIITTEE MEETINGS FOR Y2 AND CENSUS City Administrator Hedges asked the Councilmembers who serve on each of the standing committees to contact him to arrange the appr• �•iate meetin s YOUTH ATTENDANCE,:e ; : A`I'ICc = .1 AGUE OF CITIES CONFERENCE ON City Administrator Hedges noprc;,.that Kailley and Maya Babu would not be attending this year's NLC Conference. • THE HOOP-A BASKMU PA�LT1Y'pItDPOSAL BY CHRIS MOARN City Administrator Hedges provided an overview on this item. Councilmember Masin moved,Co> ef�Rfimquist seconded a motion to forward the information regarding a basketball facihtt?:pgr Sa 'by: if3Sc vloarn to the APrC for their review and a presentation by Mr. Moarn. Aye: 5 N ;:;;�' SPECIAL CITY COUNM-WITTINGS/NOV" BER 23 AND DECEMBER 6 Mayor Awada moved, Couno2eMu R'9ed a motion to schedule Special City Council meetings for December 6 and 14,1999 at 4:45,p.m. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEFrING MINUTES;NOVEMBER 16,1999 PAGE 7 t EAGAN GOVERNMENT DAY AT EAGAN HIGH SCHOOL City Administrator Hedges prot Od an overview on this item. He said that staff will be providing presentations to'the freshmen students i'V*:*�gan High School next Monday and he invited Councilmembers to attend. Joseph Bari,member of the Cori}�}3utity Facilities Land Acquisition Task Force and APrC, commended Mayor Awada for providiiig'the impetus to get the process started for the community park. He also thanked the City Council for accepting the proposal and the staff for their professionalism. 3F ( ` ........... '... The meeting adjourned at 8:10 .to an VjWutive Session for the purpose of discussing counter proposals for Police,Sergeants,and CROW Barg g units. Present were Mayor'Awada and Councilmembers Masin, Blomquist,(:4hi6n and 13 cen,City Administrator Tom Hedges, Assistant City Administrator Holly Duffy and City Attomey Jim $eldon .......... MLK Date City Clerk If you need these minutes in an alternative form such as J &er ;;$taille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,,JW. $ : b r '1 DD phone: (651)454-8535). The City of Eagan is committed to the poliey ffiat aU persons ve equal access to its programs,services,activities, facilities and employment without regard to Yecef p} t;.;ereed:religion,national origin,sex,disability,age,sexual orientation,marital status or status with regard to' . ......... ::... MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 3, 1999 SUBJECT: AGENDA INFORMATION FOR DECEMBER 6, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the December 6, 1999 City Council agenda, the minutes of the November 16, 1999 regular City Council meeting and the minutes of the November 9, 1999 special City Council meeting, the following items are in order for consideration. Agenda Information Memo December 6, 1999 Eagan City Council Meeting A. APPROVE DEVELOPMENT & BUSINESS ASSISTANCE POLICY ACTION TO BE CONSIDERED: To approve the City of Eagan Development and Business Assistance Policy. FACTS: • Earlier this year, the Eagan Economic Development Commission began a review of the City's Tax Increment Finance Policy. The policy, adopted in 1992, was reviewed to be certain it was consistent with recent changes in state statute and consistent with the economic development goals of the EDC and City Council. As part of the review, the EDC was also interested in reviewing all the financial development options available. • The Economic Development Commission asked staff to prepare a"financial toolbox." The purpose of the toolbox was to be both a marketing document and a policy statement regarding the use of financial incentives in the development process. The policy would be provided in response to economic development inquiries received by the City. In addition, the document will be made available on the City's website. • The Development and Business Assistance Policy provides a brief background of the City of Eagan, the purpose of the document, the economic development goals of the City, and other agencies to contact for development assistance. It also includes a list of development incentives—the"toolbox"—available to businesses interested in relocating or expanding in our community. The policy does not state that the City of Eagan will use any or all of these tools. Any request for assistance would be measured by need and benefit to the community • The Eagan Economic Development Commission approved the policy for City Council review on October 18, 1999. ATTACHMENTS: • Development&Business Assistance Policy is attached on pages 3 through�. City of F-agan AOL qr DEVELOPMENT and BUSINESS ASSISTANCE POLICY A joint statement of the Eagan City Council and Eagan Economic Development Commission December 1999 Contact: Jamie Verbrugge, Assistant City Administrator 3830 Pilot Knob Road Eagan,MN 55122 Phone 651-681-4603/Fax 651-681-4612 Jverbrugge@cityofeagan.com Website: www.cityofeagan.com D D D 4 a I. INTRODUCTION AND STATEMENT OF INTENTION In the last 20 years, the City of Eagan has emerged as a prime location for manufacturing, professional services, and retail business. The strong economic growth that started in the 1970's and continues today is due largely to the following factors: ■ Convenient access created by TH 77 (Cedar Freeway), Interstate 494 and Interstate 35E ■ Convenient access to Minneapolis-St. Paul International Airport Convenient access to both major downtown areas of Minneapolis and St. Paul ■ A local street network which allows a high level of access and mobility ■ A community planned to create the least amount of incompatible land uses between commercial-industrial areas and residential neighborhoods ■ A plentiful supply of vacant commercial and industrial land ■ A positive community attitude regarding commercial-industrial growth Much of the past two decades' growth has occurred with little financial incentive from the City of Eagan. In the next two decades it is expected that developable commercial-industrial land will grow scarce. It is also expected that some businesses will look for growth and expansion opportunities within the community. Other communities will offer competitive locations for those businesses. For these reasons, the City of Eagan needs to concentrate economic development efforts and work to further coordinate local businesses and governmental actions. Public-private partnerships are the most effective method to address difficult economic development and land use issues. The City of Eagan currently participates in a number of collaborative efforts to promote development and encourage retention. This involvement in economic development partnerships with private business and other agencies will focus on three areas: ■ Information and Contacts- The City plays a major role in supplying information about development opportunities, programs and partners. The City's role as an information clearinghouse and facilitator will continue to increase as the emphasis shifts from new development to redevelopment and infill development. A good working relationship with the Chamber of Commerce and local real estate, finance and development professionals creates an efficient economic development process. ■ Business Retention - A fundamental role of the City is to provide adequate roads, infrastructure and police and fire protection for businesses and residents. By continuing to maintain a high level of service the City can ensure that these elements will enhance the local business climate. The City can also work with the Chamber of Commerce and local businesses as partners to address local, regional and statewide issues pertaining to business retention and viability. This may include business or sector specific actions, assistance with development and or renovation issues, and acting as an advocate for local businesses. D D a cD:, R 4 The availability of employees is a concern for many businesses within the region. The City cannot solve this issue, but can work with residential developers and local businesses to ensure that there is an adequate supply of the right type and price of housing to meet local employee needs and to encourage provision of a good transportation/transit access network. ■ Development Assistance/Facilitation -Public assistance in developing sites with difficult physical or environmental conditions or sites that have difficult land assembly issues may become increasingly necessary to entice private sector investment. City involvement might come in the form of assistance with acquisition and relocation, infrastructure needs, conducting special studies to evaluate feasibility and strategies for development, application of land use, zoning or special district powers and other facilitation actions. DD R. D D D ,41 4 II. ECONOMIC DEVELOPMENT GOALS The Economic Development Commission has adopted a vision statement for economic development in Eagan as follows: Vision - To foster a strong and diverse tax base, broad employment opportunities, appropriate services, a high quality of life and an attractive City image. GOALS AND POLICIES DIVERSE TAX BASE Goals 1. To encourage a broad range of businesses in terms of size, type and market emphasis to protect the community against economic cycles. 2. To be proactive and responsive to economic development opportunities. 3. To foster businesses that produce goods and services for regional, statewide, national and international markets. 4. To take reasonable actions to allow for ample land designated for industrial and commercial ventures. 5. To reasonably protect land values through public investment in infrastructure, services, and code enforcement. 6. To cooperate with other entities in the development of venture capital and access to capital for business development and retention. Policies 1. The City will monitor the existing business environment to identify potential industrial growth sectors. 2. As the City approaches full development,the city should continue to look for redevelopment opportunities in areas where existing uses are obsolete, underutilized or inappropriately located. 3. The City will strive to retain, expand and diversify retail and service opportunities for Eagan residents, employees, and businesses. 4. To support interstate and international trade, the City will support initiatives by the State legislature and Department of Trade and Economic Development. DI 6T7�D D D q XJ �' 5. The City will serve as a conduit for local businesses to take advantage of State programs that can help leverage capital. 6. The City will consider participation in the costs of redevelopment through the use of tax increment financing and other similar programs only if it would not occur without assistance. 7. The City recognizes the trend toward home-based businesses and will strive to minimize barriers to their establishment and expansion, provided they are compatible with the surrounding residential character. 8. To support development and retention of a broad range of business, the City will continually compile and coordinate information about land availability, demographics, employment, and work force. BROAD EMPLOYMENT OPPORTUNITIES Goals 1. To support broad employment opportunities for all residents of the City. 2. To support the development of a work force that has the skills needed to meet existing business needs. 3. To promote employment opportunities that relate to regional, state, national and international economies. Policies 1. The City will encourage networking with local civic and service organizations and educational institutions to provide access to information on employment opportunities, vocational and job-skills training. 2. Recognizing that not all employees will live in Eagan, the City will strive to provide a complete network of roads and public transit service to link employees to employers. 3. The City will work with the Chamber of Commerce, Eagan Convention and Visitors Bureau, Eagan Small Business Association, and other organizations to foster linkages between employers and employees. SERVICES Goals 1. To ensure that all businesses have access to the appropriate public services to meet their business and security needs. IF r�D . R�tk - 2. To ensure businesses have access to appropriate physical infrastructure to meet their business needs. 3. To strive to provide public services and infrastructure in the most efficient and cost-effective manner possible. Policies 1. The City will continue to work with County, State and Federal agencies to ensure the major roadway network is adequately maintained and new key links are constructed and coordinated with the existing transportation system. 2. The City will continue to support and improve access to alternative means of transit (e.g. bus, car-pooling, trails and sidewalks, dial-a-ride, circulators) where appropriate. 3. The City will continue to work with public utilities to facilitate appropriate support for communication technology infrastructure. 4. The City will ensure adequate utilities are provided to support commercial and industrial development through its subdivision and zoning requirements. 5. The City will work to keep the costs of providing water and sewer services at a competitive level. 6. The City will ensure that new development pays for the cost of developing infrastructure to serve its needs through its assessment procedures and fee structure. QUALITY OF LIFE Goals 1. To foster a mix of commercial retail uses to meet the needs of City residents and employees of Eagan businesses. Such uses will be encouraged in convenient locations that provide nodes of complementary businesses and support variety and choice for consumers. 2. To encourage a diverse range of public and private recreation and entertainment opportunities and gathering places for all segments of Eagan's residential, workforce, and visitor population. 3. To strengthen a sense of community and ensure safe, attractive neighborhoods. 4. To support efforts that strengthen schools and other educational opportunities. 5. To ensure a balance between natural resource protection and development needs for commercial and industrial uses. D o0 0 D a Policies 1. The City will support partnerships between schools, government, and the business community to provide mentoring and internship programs. 2. The City will foster and support opportunities for community events and celebrations focused on local interests or achievements. 3. The City will encourage preservation of the city's natural amenities through sensitive site design and the application of appropriate code standards. 4. The City will encourage trail and sidewalk connections within and between developments. IMAGE Goals 1. To promote a positive, attractive, vibrant image of Eagan as a desirable place to live, work, conduct business and recreate. 2. To clearly communicate the City's development processes, services, and regulations, and ensure the timely processing of development applications. 3. To ensure that the appearance of commercial and industrial development will enhance property values of adjacent areas rather than become a distraction or detriment. Policies 1. The City will utilize existing communication tools to promote the City and expand awareness of community assets. 2. The City will work to improve outreach efforts to the Chamber of Commerce, Eagan Convention and Visitors Bureau, Eagan Small Business Association, and other organizations, through the Economic Development Commission's joint communications efforts, business calls, and participation in other activities. 3. The City will work with local service organizations and realtors to promote the City's image. 4. The City will strive to improve public awareness of development activities and encourage public participation in the development process. Tools to be used will include the City newsletter, public notification, local media, civic organizations, and through the use of electronic and emerging technologies. 5. In order to provide excellent customer service, the City will routinely identify and analyze its customers, their needs, and means to meet them. D D a 4 6. To enhance the appearance of commercial and industrial development, the City will encourage the formation of business associations, in conjunction with the Chamber of Commerce, and as a last resort, utilize regulatory mandates. 7. The City will promote a sense of community and community identity through recognition of Eagan as an economic activity center and the business community of choice for corporate headquarters. � D D 'DRq III. THE ASSISTANCE TOOLBOX The general theory behind government involvement in land development, redevelopment, or business expansion is to provide additional resources to a development that will result in unique amenities or meet a stated public policy or goal. The end result is a public benefit that would not be obtained without government involvement. When considering development, redevelopment, or business expansion proposals that request some level of government participation in the form of assistance or facilitation, the City of Eagan will evaluate to what extent the proposal meets the Economic Development Goals discussed in Section H. Due to limited dollars, the City will have to choose projects and the level of investment wisely, based on an economic development strategy specific to the community's situation, priorities and resources. The strategy is to be a dynamic guide that responds to changing community, economic, business and physical needs. Should the proposal meet the aforementioned goals and priorities, the City will actively work with the requesting business/developer to evaluate the development assistance tools available for their applicability and eligibility. Economic development tools change and evolve as new regulations or programs are enacted, regulations are revised, funds become available and agencies and businesses explore new creative ways to make development happen. Following are some of the more common economic development tools currently used by local and State government to assist businesses. 1. Low Interest Financing (construction, gap and/or permanent)- Government can provide lower than market rate financing for projects or portions of projects that accomplish significant public goals and that would not occur solely with private financing. Typically this funding is backed by the sale of public bonds. Also, agencies such as utility companies (see the referrals list at the back of the document) offer loans and gap financing to existing or future clients within a designated service area. 2. Minnesota Department of Trade and Economic Development (DTED) -DTED offers a wide array of information, programs, grants and loans designed to; assist economic development and redevelopment, create low to moderate income housing, foster public infrastructure improvements and clean up pollution. They also offer assistance to promote certain business sectors, such as healthcare and medical products, printing and publishing, and wood, plastics and composites industries. 3. Zoning Bonuses and Incentives —Zoning codes can allow bonuses for density, setback, height, use, etc. to developments that meet defined public purpose goals. For example, a development could be allowed to build additional floors of office space in exchange for the provision of ground floor retail and service businesses, such as daycare, restaurants, dry cleaners and banks which may allow employees to reduce reliance on automobile use and thereby encourage transit services. D D D 1-1- ) RAIF 4. Special Services and Housing Improvement Districts - Cities can establish special districts for the purpose of improving commercial businesses or housing. The districts are similar to tax increment finance districts except that the funding mechanism is typically a self imposed assessment that is used for specific improvements within the district or other financing method using district funds. 5. Land acquisition -Local governments can use funds to acquire land for a specific type of development or for public infrastructure or amenity related to the development. This typically occurs in a partnership situation. 6. Property Tax Abatements and Exemptions—Local governments can waive portions of property tax payment with the cooperation of the School District and the County. Typically property tax waivers are used to foster redevelopment in situations where there is a clear public benefit (i.e. clean up of polluted lands). 7. Tax Increment Financing (TIF)—This is a method to fund public investments in a specific area with the increased tax revenue("tax increment")that results from the new development in that area. The"tax increment" is the property tax revenue increase generated from the district after new development as compared to the before development tax generation. Creation of a tax increment district allows cities to capture all or a portion of the "tax increment" and to use those funds toward development within the district. Tax increment districts are established for a specific area and specific duration. There are two basic types of TIF districts; Economic Development TIF districts are intended to foster development that results in significant job creation, and Redevelopment TIF districts which are intended to eliminate blighted conditions and result in better utilization of land. Tax increment financing has been a controversial tool for local governments since its popularization in the 1970's. Since that time, TIF has come under increasing scrutiny and regulation. The City of Eagan has used TIF infrequently. Strict requirements to meet a"but- for" test have limited its applicability in Eagan. The Eagan Economic Development Commission has identified four types of development that will be given priority for the purpose of endorsing the use of Tax Increment Financing. These projects, in no particular order, are: ■ Corporate headquarters or large corporate campuses ■ Development that achieves the highest, best use of an individual parcel or area ■ Infrastructure improvements that will facilitate additional development in areas of existing use • Redevelopment projects that are consistent with the economic development goals of the City of Eagan. For more information regarding TIF, please request a copy of the City's Informational Packet for Tax Increment Financing. D D � 4 8. Commercial Rehabilitation Loans—Loans (typically lower interest) can be offered to stimulate renovation of commercial structures. These rehab loans can help retain existing businesses, allow businesses to expand or entice new business to the area. 9. Housing Assistance Programs -Local governments can assist the construction or renovation of housing designed to meet a public need (typically low to moderate income housing or special needs housing). The programs can vary from low interest loans for renovation to subsidy of new construction. 10. Redevelopment Grant Programs—Grant funding can be offered to stimulate private redevelopment of an area. This is typically done in a defined area and for specific types of redevelopment. 11. Pollution Clean Up Programs—There are a variety of State and Federal programs to assist cities and the private sector with clean up of polluted sites. These vary from technical assistance, to low interest loans and grants. 12. Mortgage-backed revenue bonds—Local governments can issue bonds to help pay for development and redevelopment projects. A portion of the revenue from the new development mortgages is pledged to retire the bond debt. 13. Direct Contributions (full or partial funding of land or improvement costs) — Governments can directly fund parts of development projects. This can vary from acquisition of the land to construction of roads, parking and even buildings depending upon the nature of the development and the public benefit involved. 14. HUD Grants and Loans -The U.S. Department of Housing and Urban Development has a variety of programs which offer assistance for housing and urban development goals. Examples are: Community Development Block Grants (CDGB —Federal funds provided to communities for housing and community development), Economic Development Initiative, Brownfields Economic Development Initiative, Community Planning and Development Technical Assistance, Rental Housing Assistance Program, Empowerment and Enterprise Zones, etc. 15. Livable Communities Loans and Grants—This is a competitive loan and grant program run by the Metropolitan Council. The program is only open to participants in the Livable Communities Program and is designed to encourage creative models of compact, efficient development linking mixed uses, utilizing transportation options, and linking affordable housing and employment growth. 16. Condemnation - Condemnation refers to the legal authority governments have to acquire land for public purposes. Governments typically purchase land from willing sellers. In situations where a willing sale cannot be accomplished the City.can use its powers of condemnation to acquire land or easements for purposes that further the public good. For example, the city could condemn a strip of land for a second roadway access that is deemed necessary to allow safe access to a proposed development. D D D d a IV. REFERRALS The City of Eagan works cooperatively with a number of other governmental agencies, partnerships, and companies that offer development assistance or community information to prospective businesses. Below is a list of contacts for additional information: Minnesota Department of Trade and Economic Development (DTED) 121 East 7t'Place St. Paul, MN 55101 Information: 651-297-1291 800-657-3858 Website: www.dted.state.mn.us You may access a community profile of Eagan at this web address, including demographics, largest employers, and other community information. Simply click on Community Profiles and select Eagan. Northern Dakota County Chambers of Commerce Cindy Johnson, President 1474 Yankee Doodle Road Eagan, MN 55121 Phone: 651-452-9872 Fax: 651-452-8978 Eagan Convention& Visitors Bureau Ann Carlon, Executive Director 1474 Yankee Doodle Road Eagan, MN 55121 Phone: 651-452-4188 800-EAGAN-20 Fax: 651-452-8978 Dakota County Economic Development Partnership Steven C. King, Executive Director 60 East Marie Avenue, Suite 212 West St. Paul, MN 55118 Phone: 651-450-2694 Fax: 651-450-2948 Email: Steve.King&co.dakota.mn.us Metro East Development Partnership David Piggot,Executive Director 332 Minnesota Street, Suite N-205 St. Paul, MN 55101 Phone: 651-224-EAST Fax: 651-223-5484 Email: piggot @Mgdp.org F-1 1 D-- T UtiliCorp United/Energy One Calvin Clark, Director Economic Development 2665 145 ' Street West Rosemount, MN 55068-0455 Phone: 651-423-8915 800-891-0890 Fax: 651-423-6682 Dakota Electric Association LaDonna Boyd, Economic Development Director 4300 220"' Street West Farmington, MN 55024-9583 Phone: 651-463-6232 800-874-3409 Fax: 651-460-7508 Email: lboydAa dakotaelectricxom Website: www.dakotaelectric.com Northern States Power Company Barb Biren, Economic Development Consultant 414 Nicollet Mall (Ren. Sq. 4) Minneapolis, MN 55401 Phone: 612-330-6746 Fax: 612-330-5878 Email: barbara.a.birenAnspcoxom Dakota County Capital, L.L.C. Contact information same as Dakota County Economic Development Partnership above Dakota County Housing&Redevelopment Authority Mark Ulfers, Executive Director 2496 145"' Street West Rosemount, MN 55068 Phone: 651-423-4800 D D D V. SUMMARY We at the City of Eagan—the City Council, Economic Development Commission, and staff—are committed to providing the greatest opportunity possible for existing and new businesses to benefit from a community that appreciates the value of a vibrant business base. TllnD)-), D D a 1 11 L--/I . C-- F. Agenda Information Memo December 6, 1999 Eagan City Council Meeting B. UPDATE ON NATIONAL LEAGUE OF CITIES CONFERENCE ACTION TO BE CONSIDERED: No action required. FACTS: • Councilmembers Masin and Blomquist requested that an update on the National League of Cities Conference be added to Department Head Business. Councilmember Masin attended the conference in Los Angeles, California this past week. Mayor Awada and Councilmembers Bakken and Carlson were also in attendance. Agenda Information Memo December 6, 1999 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Police Officers-- ACTION TO BE CONSIDERED: To approve the hiring of Lisa Fancher, Paul Maier and Andrew Speakman as police officers. Item 2. Seasonal Warming House Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of David Andrew, Paul Buske, Jessie Brooks, Jeannie Knoedler, Andrew Koppang, Neal Meyer, Lindsey Pickrell, Alex Porter, Ann Morin-Skumatz and Aaron Wheeler as seasonal warming house attendants. Item 3. Seasonal Rink Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Kathryn Konat and Trish Larsen as seasonal rink attendants. Item 4. Seasonal Winter Recreation Leader-- ACTION TO BE CONSIDERED: To approve the hiring of Dan Klug as a seasonal winter recreation leader. Item 5. Seasonal Skating Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Wendy Thomas as a seasonal skating instructor. ./9 Agenda Information Memo December 6, 1999 Eagan City Council Meeting Item 6. Seasonal Preschool Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Elizabeth Brothers as a seasonal preschool assistant. Agenda Information Memo December 6, 1999 Eagan City Council Meeting B. FINAL PLAT (ALTOBELLI ADDITION) ROCCO & DIANNE ALTOBELLI ACTION TO BE CONSIDERED: To approve a Final Plat(Altobelli Addition)that will combine four unplatted parcels of land into two platted lots located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest '/4 of Section 22. FACTS: • At the regular meeting on November 1, 1999, the City Council approved the rezoning of the subject property from A (Agricultural) to R-1 (Single Family). • The subject property overlays four unplatted parcels of land and is occupied by a single residence which was constructed in 1948. • The final plat consists of two lots, a 10.4 acre parcel which would be occupied by the site's existing residence and a 1.1 acre lot upon which a new home is planned to be constructed. ATTACHMENTS (2): Site Location map,page.l Final Plat drawing, page 0?0 i == m e-ear L�LiULiL8� rw 1i� LJ LV. Jim ry id IMAM re-AN M V. ..M'So zz an a ' Q`G�e' a:C�aO u� fA gee vial `o e�ee�♦,00 LN dna n: US Q a� LAW G� Q� Fl91 �j e �b L1 [� ■1 GGG`►\� V���� �� ©NJ n0 r■ o©t, circ NJ © C1 �, R,, �i loin n �� ©UMU LMKj �Cr��sa� oo ��� a��p In D�'a 'i �o eeeo vis ... . ... ... ,. Y r Y u o 5 a - g - �' Qa E 8� E a � ES gQ'go o I ala C° Y ° wO wo 3y o =sr.i °8 —.�--z—� ° I I low ss E I I t r...ws w n w a,r,Pw.w n.o w/-•, o 00,9- 3-9g.-- ---- --------- -- --.ftftft o 1Lp� I �r ./ � °S Sy3 JE cE °o O97 S r�1w'et.w.y•u µs F 3! :l� S N tl° °30 x or - I$;a -------- -----3.BS.►QAN--- 00'9fS O 3. I mou 1 i.wrws w�P M�NriN1.aN„'r�1-.� _ .........• t _c .N m:E. = -_ W , lS;�tpi Xr�_° oS T NZ ti I•R L,/ S�6 F of ' S nY.4 _gi�m Ec - --E cSM S..'Pe xi / ° As I-° Agenda Information Memo December 6, 1999 Eagan City Council Meeting C. TRASH HAULER LICENSE, NEW EARTH SERVICES, INC. ACTION TO BE CONSIDERED: To continue the trash hauler license for New Earth Services, Inc. and schedule a public hearing for January 4, 1999 at the Regular City Council meeting. FACTS: • The trash hauler license for New Earth Services, Inc. was continued at the November 16, 1999 City Council meeting to allow staff the opportunity to follow up with Dakota County on violations against this facility in 1998. • 1998 County Violations have been rectified, however; • Both the County and the City of Eagan at the New Earth Services, Inc. property at 4841 Biscayne Avenue have cited current violations. • The City Attorney is advising these issues be presented as a part of a public hearing. Agenda Information Memo December 6, 1999 Eagan City Council Meeting D. 2000 JOINT POWERS AGREEMENT FOR DAKOTA COUNTY DRUG TASK FORCE ACTION TO BE CONSIDERED: To approve the 2000 Joint Powers Agreement for the Dakota County Drug Task Force. FACTS: • Eagan has been a member of the South Metro Drug Task Force for a number of years. • On May 18, 1999 the City Council approved a 2000 Joint Powers Agreement for the Dakota County Drug Task Force. That agreement combined the East and South Metro Drug Task Forces into the Dakota County Drug Task Force. • Due to a number of changes having been made to the agreement and the fact that Rosemount has chosen not to participate in the new Task Force,the revised agreement is being presented for City Council approval. ATTACHMENTS: nn • Enclosed on pages o(s through_,�T is a copy of the 2000 Joint Powers Agreement for the Dakota County Drug Task Force. MEMORANDUM DAKOTA COUNTY ATTORNEY'S OFFICE JAMES C. BACKSTROM COUNTY ATTORNEY CIVIL DIVISION Dakota County Judicial Center Hastings,Minnesota 55033-2392 Telephone: (651) 438-4438 DATE: November 2, 1999 TO: Rich Thul, Chief Deputy Sheriff FROM: Andrea G. White,Assistant County Attorney SUBJECT: Dakota County Drug Task Force 2000 JPA Our File No. K-99-146 There are two items in the Dakota County Drug Task Force 2000 Joint Powers Agreement that have been added that will necessitate re-execution of the Agreement. First, as we discussed, City Attorney Roger Miller was not comfortable with the Joint Powers Agreement unless the language was clear that no activities would take place pursuant to the Agreement until the insurance policy for the Board was in place. Therefore, I have added this language to paragraph 6.10,which now reads as follows: The Board will purchase liability insurance which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Ap-reement until such liability insurance is in effect. Second,paragraph 12 has been changed by adding the following underlined language: Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force, to the extent not covered by insurance. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes,Chapter 466. I have enclosed thirteen new copies of the Agreement to facilitate this re-execution process. Please contact me if you have any further questions or concerns. AGW/dc M/K99-146 2000 JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 471 .59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1 . Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Inver Grove Heights City of Burnsville City of Lakeville City of Eagan E4 �-ee�ere�t City of Farmington City of South St. Paul City of Hastings City of West St. Paul Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be a Board consisting of eleven -tom members. The police chief or sheriff of each party shall appoint one board member to serve at the chiefs or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's Page 1 C::�16 pleasure. Board members appointed by the police chiefs and sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice-chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days' prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of-i+i*e (-9L} members shall be required for all meetings. eight (8) 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise an Assistant Agent-in-Charge of the Task Force. This appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 000) Page 2 6.7 The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board will purchase liability insurance which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise, or bequest for the use of the Task Force. 7. Finances. 7.1 The members intend to fund the 2000 cost of operation of the Task Force totaling $688,630.00 as follows: (1) $275,000.00 from 2000 grant funds, and (2) $413,630.00 in matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000.00 from the Dakota County Sheriff's contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretary/Treasurer, or the Chairman in the absence of the Secretary/Treasurer. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary/treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2000 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching . funds and money made available from other sources. The Board may amend the budget from time to time. 7.6 The Board may not incur debts. Pa_e,i � S 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $275,000.00 in grant funds in 2000. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: Dakota County Five (5) Full Time Equivalent (FTE) City of Apple Valley One (1) FTE City of Burnsville One (1) FTE City of Eagan One (1) FTE City of Farmington One Seventeen-Hundredth (.17) FTE City of Hastings One Half (.5) FTE City of Inver Grove Heights One (1) FTE City of Lakeville One (1) FTE £may of-R-0s a tt n -Gate Quarter City of South St. Paul One Half (.5) FTE City of West St. Paul One Half (.5) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will. be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Assistant Agent-in-Charge. 8.5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. Page 4 9. Agent-in-Charge and Assistant Agent-in-Charge. 9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full-time, licensed supervisory peace officer of a member. The Agent-in- Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel, subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management, and intelligence management. The Agent-in-Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent-in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will' work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, an Assistant Agent-in-Charge may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Assistant Agent-in-Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, if any, the Assistant Agent-in- Charge would normally have received from the member agency and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force to the member agency. The Assistant Agent-in-Charge shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Assistant Agent-in- Charge, while the Agent-in-Charge is absent, shall be the same as the Agent-in- Charge as described in paragraph 9.2. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided among Task Force members in proportion to the "full-time equivalent" contributions of each member of this agreement as set forth at paragraph 8.1 Page 30 herein. Fine or restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Headquarters. The Task Force is physically located in separate offices at the City of Burnsville and Dakota County Sheriff's Office, which is provided at no cost to the Task Force. All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force without cost. 12. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 13. Duration. ten 13.1 This Agreement shall take full force and effect when allen potential members, listed in paragraph 3 of this Agreement, sign it. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 13.2 This Agreement shall terminate on December 31, 2000, unless extended by further written agreement of the parties. 13.3 This Agreement may be terminated at any time by the written agreement of 6-fi+ of the members. 6/10 13.4 Upon termination of this Agreement, all property of. the Task Force shall be sold or distributed to the members in proportion to the "full-time equivalent" contributions of each member of this Agreement as set forth at paragraph 8.1 herein. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes 471.59. Pao-e6 3 / Approved by the City Council CITY OF LAKEVILLE By Date of Signature Attest Date of Signature Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Approved by the City Council CITY OF BURNSVILLE By Date of Signature Attest Date of Signature Approved by the City Council CITY OF EAGAN By Date of Signature Attest Date of Signature Approved by the City Council CITY OF FARMINGTON By Date of Signature Attest Date of Signature Page 7 Approved by the City Council CITY OF HASTINGS By Date of Signature Attest Date of Signature Approved by the City Council CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature �-�"�i'�`�-�{•�`�}�� �TGTZ T�F��D"'CnlS�MTT�Tr7 UJ P-a+c-9f - A;48 S# mate of-SiT atVm Approved by the City Council CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature Approved by the City Council CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature Paee 8 33 Approved by Dakota County COUNTY OF DAKOTA Board Resolution No. By Don Gudmundson, Sheriff Date of Signature Dakota County Attorney's Office Approved to Form: Dakota County Judicial Center Z� 1560 Highway 55 By Hastings, Minnesota 55033 ssistant County Attorney Telephone: (651) 438-4438 Date of Signature Approved as to Execution by By Assistant County Attorney Date of Signature K/K99-146 Paae 9 Agenda Information Memo December 6, 1999 Eagan City Council Meeting E. RESOLUTION TO CONVEY PROPERTY FROM THE SOUTH METRO DRUG TASK FORCE TO THE DAKOTA COUNTY DRUG TASK FORCE ACTION TO BE CONSIDERED: To approve a resolution to convey property from the South Metro Drug Task Force to the Dakota County Drug Task Force. FACTS: • Eagan has been a member of the South Metro Drug Task Force for a number of years. • The South Metro Drug Task Force has acquired certain money and property and the Joint Powers Agreement is expiring on December 31, 1999. • A new Joint Powers Agreement is being approved creating the Dakota County Drug Task Force. • It is most efficient for the cities to transfer their property directly to the new organization. ATTACHMENTS: • Enclosed on page3/ is a copy of the Resolution conveying property from the South Metro Drug Task Force to the Dakota County Drug Task Force. CITY OF EAGAN A RESOULTION TO CONVEY PROPERTY FROM THE SOUTH METRO DRUG TASK FORCE TO THE DAKOTA COUNTY DRUG TASK FORCE. WHEREAS, the City is a member of the South Metro Drug Task Force, pursuant to a Joint Powers Agreement authorized under Minn. Stat. §471.59; and WHEREAS, the South Metro Drug Task Force has acquired certain money and property; and WHEREAS, the term of the South Metro Drug Task Force Joint Powers Agreement expires on December 31, 1999; and WHEREAS, the Joint Powers Agreement provides that upon termination of the South Metro Drug Task Force all property shall be distributed to the members; and WHEREAS, each of the members of the South Metro Drug Task Force has expressed the desire to establish the Dakota County Drug Task Force, pursuant to a Joint Powers Agreement authorized by Minn. Stat. §471.59; and WHEREAS, the Dakota County Drug Task Force Joint Powers Agreement shall become effective upon execution by its members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, as follows: 1. The City has authorized the execution of the Dakota County Drug Task Force Joint Powers Agreement as a member thereof. 2. The City authorizes the transfer of its interest in the property held by the South Metro Drug Task Force to the Dakota County Drug Task Force. 3. The City consents to the transfer of the property directly from the South Metro Drug Task Force to the Dakota County Drug Task Force upon the execution of the Joint Powers Agreement by each member of the Dakota County Drug Task Force. 4. In the event that the Dakota County Drug Task Force Joint Powers Agreement does not become effective on or before December 31, 1999, the property held by the South Metro Drug Task Force shall be distributed or retained in accordance with the Joint Powers Agreement for the South Metro Drug Task Force. ADOPTED this day of ' 1999. Patricia E. Awada, Mayor ATTEST: Eugene VanOverbeke, City Clerk Agenda Information Memo December 6, 1999 Eagan City Council Meeting F. FEDERAL EQUITABLE SHARING AGREEMENT ACTION TO BE CONSIDERED: To approve the Federal Equitable Sharing Agreement FACTS: • The Eagan Police Department is involved in a drug task force with other cities in Dakota County. • The Federal Equitable Sharing Agreement will allow the City of Eagan to partake in the sharing of cash, automobiles, and other assets that are forfeited as a result of a narcotics investigation when federal agencies are involved. Currently, there are approximately 40 state and local agencies across Minnesota that participate in this program. • For example, if our task force is working a narcotics case with the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration(DEA) and a large sum of money is confiscated, the City of Eagan, along with our drug task force, could be entitled to some of these proceeds. Without this agreement, we would not be eligible for any portion of a seizure. • The funds received, as a result of a joint investigation with federal authorities, must be used for law enforcement purposes. ATTACHMENTS: • Agreement enclosed on pages J through . 27 Federal Equitable Sharing Agreement "VALID THRU SEPTEMBER 30, 20021' � T 1799 Law Enforcement Agency: Eagan Police Department OCheck ifNew Participant OPolice Department O Sheriff s Office/Department O Task Force' OProsecutor's Office O Other Contact Person: Captain James S. McDonald E-mailAddress: jmcdonald@ci.eagan.mn.us Mailing Address: 3830 Pilot Knob Road Eagan MN 55122 (Street) (City) (State) (Zip Code) Telephone Number: (651 ) 681-4700 Fax Number: (651 ) 681-4738 Agency Fiscal Year Ends on: 12/31 NCIC/ORI Tracking No.: MN0190800 (Month/Day) This Federal Equitable Sharing Agreement entered into among(1)the Federal Government,(2)the above-stated law enforcement agency, and(3)the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash,property,proceeds,and any interest earned thereon,which are equitably-shared with participating law enforcement agencies. By their signatures,the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. 1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S.Attorney in the district in which the recipient law enforcement agency is located,in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture U.S.Department ofJustice/ACA Program U.S.Department of the Treasury P.O.Box 27768 74015th Street,N.W.,Suite 700 Washington,D.C. 20038 Washington,D.C. 20220 E-mail address: program.aca@usdoj.gov E-mail address: treas.aca@teoaf.treas.gov Fax: (202)616-1344 Fax:(202)622-9610 2. Signatories. This agreement must be signed by the head(or authorized representative)of the law enforcement agency and the head(or authorized representative)of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably-shared cash,property,or proceeds. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request(either a DAG-71 or a T )F 92-22.46)submitted by the requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. 4. Transfers. Before the undersigned law enforcement agency transfers cash,property,or proceeds to other law enforcement agencies,it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned taw enforcement agency must obtain one from the receiving agency,and forward it to the appropriate department shown in item 1. A list of recipients,their addresses,and the amount transferred must be attached to the Federal Annual Certification Report. 5. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled 'Attach list of member agencies with their addresses and indicate lead agency. 38 with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code 1 state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must deposited in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for ott such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide), and t Department of the Treasury's Guide to Equitable Sharing Jor Foreign Countries and Federal, State, and Local Lt Enforcement Agencies(Treasury Guide). The accounting of shared funds must be submitted in the format shown on the Annt Certification Report contained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibite Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the curre edition of the Justice or Treasury Guides,depending on the source of the funds or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Departme' of Justice and the Department of the Treasury(at the addresses shown in item 1)and a copy to the U.S.Attorney in the distri in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from tl respective departments or as outlined in the Justice or Treasury Guides. Receipt ofthe certification report is a prerequisite receiving any equitably-shared cash,property,or proceeds. 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. During the past 3 years,has your agency been found in violation of,or entered into a settlement agreement pursuar to,any nondiscrimination law in federal or state court, or before an administrative agency? OYes ®No (If you answered yes,attach relevant information. See instructions.) Are there pending in a federal or state court,or before any federal or state administrative agency,proceedings again; your agency alleging discrimination? OYes ®No (If you answered yes,attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C.§2000d etseq.),Title IX of the Education Amendments of 1972(20 U.S.C.§ 1681 et seq.),Section 504 of the Rehabilitation Act of 1973(29 U.S.C.§794),and the Age Discrimination Act of 1975(42 U.S.C.§6101 et seq.),which prohibit discrimination on the basis of race,color,national origin,disability,or age in any federally assisted program or activity,or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury,the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Kent Therkelsen 12/06/99 Patricia E. Awada 12/06/99 Name (Print or Type) Date Name (Print or Type) Date Law Enforcement Agency Head or Authorized Representative Governing Body Head or Authorized Representative (Signature) (Signature) _Chief of Police City Mayor Title (Print or Type) Titic (Print or Type) This form is subject to the Freedom of information Act cnr U.S.ntay be released to requests under 5 C..§552. 3 c' Agenda Information Memo December 6, 1999 Eagan City Council Meeting G. APPLICATION FOR CONVEYANCE OF TAX-FOREITED LAND FOR PUBLIC USE ACTION TO BE CONSIDERED: To approve processing an application for conveyance of tax-forfeited property for an authorized public use from the State of Minnesota to the City of Eagan. FACTS: • Parcel 10-57504-010-00, Pilot Knob Hts 5th Addition Outlot A went tax-forfeit in 1988. • Through a routine review of City records the staff determined that it would be appropriate that the City acquire the parcel at the intersection of Denmark and Wescott for public right-of-way. • The parcel is approximately 3,800 square feet. ATTACHMENTS: • Enclosed on page_V_is a map showing the location of the parcel. 9 o14) ►- (�� RW 6 (a 7 (OM5) MOM g 4 (0013) P17) 12 13 rooq (0043) (0012) 41 3 1 2 -7lOudot A 25 ,� Riot Knob Heights 5th 24 > 23 W (0054) 1 (0053) ( 1 22 2 (0050) 2 2 (ate FLS 21 (0061) ol RW RW 3 (0080) wEgGO-rT RID 18(x) (0007) ELEMENTAR Q 17 Y (0002) 2 NO. 17 7 ( Q 2 e 16 Z (0003) 3 ( 19) (0020) roo2� 0 (aoo4) 4 15 (0027) s (0021) (00m) 5 14 (OMM mm 10 (0008) 6 50 0 50 100 150 Feet N L/ Oa4a Sanxe[?alcaa Canty Sway and Land Irrtometim. Mis is mle)lded far REFERENCE USE ONLY! kip vested by City d Eagan Gorrrnn ty Developrre4t DepartmentP Agenda Information Memo December 6, 1999 Eagan City Council Meeting H. APPROVE 1999/2000 D.A.R.E. AND POLICE LIAISON AGREEMENT BETWEEN SCHOOL DISTRICT#196 AND THE CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the 1999/2000 D.A.R.E. and police liaison agreement between School District #196 and the City of Eagan. FACTS: • For a number of years, the City and School District #196 have had agreements to provide police officers to instruct elementary school students in D.A.R.E. and to act as school liaison officers at the middle schools and at the high school. • The City will receive $20,772 for D.A.R.E. and $48,281 for police liaison services. These funds have been budgeted by the City in the appropriate fiscal year. ATTACHMENTS: • Agreement on pages 13 through f D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO.196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into the day and year set forth below by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland; and WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS,the parties enter into this Agreement pursuant to Minnesota Statutes §124.912, Subd. 6. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a 17-week per semester curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $20,772.00 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and C. Law enforcement. 1 r'Services/D.A.R.E.Services/10/29/99/3 t9 GMpbic AMDept 3 4. The School District shall pay the City the amount of $48,281.00, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools. 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 1999-2000 school year upon approval of this agreement by both parties. 7. This Agreement is effective for the 1999-2000 school year; upon the expiration of the 1999-2000 school year, this Agreement shall automatically terminate. This Agreement dated this _ day of 1999. SCHOOL DISTRICT NO. 196: CITY OF EAGAN: By: Kevin Sampers By: Patricia Awada Its: Chairperson Its: Mayor By: Mike Roseen By: E. J. VanOverbeke Its: Clerk Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of , 1999, before me a Notary Public within and for said County, personally appeared KEVIN SAMPERS and MIKE ROSEEN, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public Support Services/D.A.R.E.Services/10/29/99/4 ISD 196 Graphic Arts Dept. ,� / STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this — day of , 1999, before me a Notary Public within and for said County, personally appeared PATRICIA AWADA and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Support Services/D.A.R.E.Services/16/29/99/5 ISD 196 Graphic Arts Dept / �� Agenda Information Memo December 6, 1999 Eagan City Council Meeting I. EXEMPTION FROM LAWFUL GAMBLING LICENSE, SOUTH METRO CHAPTER OF THE MINNESOTA DEER HUNTERS ASSOCIATION FOR A RAFFLE TO BE HELD ON FEBRUARY 25, 2000 AT ROYAL CLIFF ACTION TO BE CONSIDERED: To approve an exemption from the lawful gambling requirement for the South Metro Chapter of the Minnesota Deer Hunters Association to conduct a rade at Royal Cliff Banquet Facility on February 25, 2000. FACTS: • Staff is in receipt of an application from the South Metro Chapter of the Minnesota Deer Hunters Association for this exemption due to the group's nonprofit status. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Resolution attached on page L • Application enclosed without page number. �J RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLILNG LICENSE WHEREAS, the South Metro Chapter/Minnesota Deer Hunters Association has applied for an exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the South Metro Chapter/Minnesota Deer Hunters Association will operate a raffle at the Royal Cliff Banquet Center on February 25, 2000; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for South Metro Chapter/Minnesota Deer Hunters Association. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6`h day of December, 1999. E. J. VanOverbeke, City Clerk Agenda Information Memo December 6, 1999 Eagan City Council Meeting J. LICENSE RENEWALS FOR THE YEAR 2000, TRASH HAULER, TOBACCO, STABLE,AMUSEMENT DEVICE AND PET SHOP ACTION TO BE CONSIDERED: To approve the license renewals for the year 2000 for trash hauler, tobacco, stable, amusement device and pet shop. 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. �• 9—'�� ' 2000 TRASH HAULER RENEWAL LICENSES CONSTRUCTION/DEMO HAULERS Dick's Sanitation Service/Lakeville Sanitary Waste Management P.O.Box 769 12448 Pennsylvania Avenue Lakeville,MN Savage,MN All-Star Disposal Walter'S Recycling&Refuse 7845 E.Boyd Court P.O.Box 67 Inver Grove Heights,MN Circle Pines,MN Lightning Disposal Veit Container P.O.Box 27 14000 Veit Place South St.Paul,MN Rogers,MN 2000 TRASH HAULER RENEWAL LICENSES COMMERICAL/MULTIPLE DWELLING HAULERS Dick's Sanitation Service/Lakeville Sanitary Waste Management P.O.Box 769 12448 Pennsylvania Avenue Lakeville,MN Savage,MN 2000 TRASH HAULER LICENSES RESIDENTIAL HAULERS Waste Management 12448 Pennsylvania Avenue Savage,MN 2000 TOBACCO RENEWAL LICENSES Yocum's Market(Texaco Superstore) Great Northern Spirits 1579 Cliff Road 1960 Cliff Lake Road Eagan,MN Eagan,MN Liquor Shoppe Stuart Anderson's Cattle Co. 4250 Lexington Avenue 1288 Promenade Place Eagan,MN Eagan,MN Rainbow Food Total 1276 Town Centre Drive 2000 Rahncliff Court Eagan,MN Eagan,MN Total Lanxang Oriental Foods 42096 Nicols Road 3904 Beau D'Rue Drive Eagan,MN Eagan,MN Cub Foods 1940 Cliff Lake Road Eagan,MN 2000 STABLE LICENSE RENEWALS Diamond T Ranch 4889 Pilot Knob Road Eagan,MN 2000 AMUSEMENT DEVICE LICENSE RENEWALS American Amusement-Italian Pie Shoppe 1416 Carroll Avenue St.Paul,MN 2000 PET SHOP LICENSE RENEWALS Wet World 3390 Coachman Road Eagan,MN Agenda Information Memo December 6, 1999 Eagan City Council Meeting K. APPROVE ON-SALE LIQUOR LICENSEE NAME CHANGE FOR SODEXHO MARRIOTT MANAGEMENT, INC. (DBA RIVER PARK) CURRENTLY LICENSED AS MARRIOTT MANAGEMENT SERVICES CORP ACTION TO BE CONSIDERED: To approve the on-sale liquor license name change for Sodexo Marriott Management, Inc. (dba River Park) currently licensed as Marriott Management Services Corp. FACTS: • Marriott Management Services Corp., the entity that holds the on-sale liquor license for River Park (3400 Yankee Drive), has requested a change in the licensee name to Sodexo Marriott Management, Inc. Stock ownership did not change. • Staff has reviewed the documents that were submitted in order to comply with licensing requirements and have deemed them to be in order for consideration by the Council. V / Agenda Information Memo December 6, 1999 L. PROJECT 788 UTILITY IMPROVEMENTS T.H. 3 SOUTH OF DIFFLEY ROAD /GARDEN OF EAGAN ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report for Project 788 (T.H. 3 South of Diffley Road / Garden of Eagan — Sanitary Sewer and Water Improvements). FACT • On November 20, city staff received a petition from Ralph Hanson, 4395 So. Robert Trail (Parcel 010-06), Patricia Diffley, 4385 So. Robert Trail (Parcel 012-05), and C. E. Wachter, 4375 So. Robert Trail (Parcel 012-04), requesting the installation of public sanitary sewer and water main to their agricultural zoned properties within the Northeast I/4 of Section 25. These properties are guided mixed residential in the City's Comprehensive Guide Plan. • Sanitary sewer and water main laterals were constructed as part of the Autumn Ridge 3 r Additions for future extension to the east of Hackmore Court. • Sanitary sewer is stubbed to the west property line of Parcel 012-04. Water main is stubbed to the north property line of Parcel 012-05. Public easements on the three parcels would be required to provide each individual parcel access to the public utility systems. • Since the three adjacent properties have petitioned for the improvements together, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing the construction of the requested sanitary sewer and water main improvements. • All of the proposed sanitary sewer and water main improvements would be assessable. The funding for these improvements would be provided by assessments to Parcel 010-06, Parcel 012-05, and Parcel 012-04. ATTACHMENTS: Petition, page „E/. Location sketch, page,Sy. Letter from Petitioner, pageyr. 460 3467 NOV-20-99 SAT 12 :48 PM RALPH HANSON. CONST 460 3467 P, 03 FOR CITY USE ONLY Petition # 2 e 2 Date Received //- 20 -9q Presented to CoU Cli /Z-CV_9 PETITION ,i LOCATION SUBDIVISION f--vllsy.9 0�p--O 011-0 C1 / Pl_�_,S a s � T � �----�- I/We, the undersigned, owners of the real property adjacent to �Rn i,,. {Strest or within subdivision, hereby petition for: Street Improvements Sanitary Sewer - Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) -To �C ! "mo w► N E 1) Streetlights Other (Explain) 1/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated Costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. i nature of Land Owner Address gf Property_ - � 3 � -- 4. 5. 6. 7 V 8. - 10. its#i fasces.f+r �3 • I 1 460 3467 NOV-20-99 SAT 12 :49 PM RAL-PH HANSON. CONST 460 3467 P 04 t YWt11 M M \ \ 1 .Oc ►, 77 BENT TREE LANE' N la s• .v 7� DAR ` �. N .tY a •ji►Lt O �' 'f• 0 N •at 'S'i♦t V' N S �QY 7e' AAXG .t9 L G .♦L'Jill/ Z t 8 • s♦ ♦ n n �� o 7J v P A O� P � bJ ��, a ) b r ♦ � J O J �• P i. Z+. .tt• � y'L .' 7a 49 t q� v � C.P. RAiLv. � . t � ,.e•►it _. SYSTEM R ITh! - ♦ ,n N t V � L CITY OF INVER �u 460 3467 NOV-20-99 SAT 12 :48 PM RALPH HANSON. CONST 460 3467 P, Q2 A610h dansso 194eUNetl414 lee. P.Co.13ox 6 33P2 272nd st.C. 7[smpta+.MN 5503, Phone 651-460-i46f pax 651.d60•3d67 Novernbcr 18,1409 John P. Gorder,P.E. Design/Dcvelopment EngineerlEn&eering Div. Department of Public Works/City OfEagan 3830 Pilot Knob Road Eagan,MN 55122 651-681-4646 Dear John, We are in the process of submitting the application for city sewer and water service to be extended to our properties. We are hoping to gain whatever consideration possible due to the following circumstances: 1. At the time of sewer and water development around the area of 4395 South Robert Trail,my wife and 1 were not notified of any option to hook up to city water and sewer. This currently is a rental unit, however i know that you do have our billing address, since we receive a quarterly bill from you. 2. Pat Diffley,the neighbor to the north claims that she was toil that it would be"no big deal , at all!" to hookup to the system later. We have since found out that it is a big deal,with a lot of hoops to jump through. out question to you would be....Can you please remove any hoops possible so that we can prooced forward and expedite this process with a minimum expense please?Also John,I would like to be the contact person for our group. Sincerely! Ralph and Deb Hanson SS Agenda Information Memo December 6, 1999 Eagan City Council Meeting M. GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ACTION TO BE CONSIDERED: Approve the revised and restated Joint Powers Agreement for the Gun Club Lake Watershed Management Organization (WMO) and appoint Water Resources Coordinator Eric Macbeth, Design and Development Engineer John Gorder, and Scott Merkley as Eagan representatives, and City Engineer Russ Matthys as the alternate for three-year terms effective December 31, 1999. FACTS: • The Gun Club Lake Watershed Management Organization (WMO) was created by a Joint Powers Agreement (JPA) between the cities of Eagan, Mendota Heights, and Inver Grove Heights in 1985 to manage cooperatively the water resources of the watershed common to these communities. The City of Eagan, with the largest portion of the watershed area (18,915 acres, 89.0 %), has three (3) of the five (5) representatives on the WMO Board of Commissioners. Mendota Heights (1,390 acres, 6.6 %) and Inver Grove Heights (940 acres, 4.4 %) each have one (1) commissioner position. • The 1985 JPA stipulated that member cities were bound until January 1, 2000 by the terms of the agreement, which may be continued thereafter upon agreement of all member cities. The revised and restated JPA has no effective date for future termination, but rather allows for termination through a written agreement of 2/3 of the member communities. • The incumbent representatives of each member city on the effective date of the revised JPA will continue to serve out their terms until their successors are appointed and qualify. On July 20, 1999, Water Resources Coordinator Eric Macbeth was appointed by the City Council to fill the remainder of the term vacated by his predecessor Rich Brasch, who chaired the WMO. His term expires June 3, 2000. On June 3, 1997, Design and Development Engineer John Gorder and Resident Scott Merkley were both appointed by the City Council to three (3) year terms, also ending June 3, 2000. On December 16, 1997, City Engineer Russ Matthys was appointed to replace Public Works Director Tom Colbert whose term also expires June 3, 2000. • At the same time that the Council considers approval of the revised JPA, it would be appropriate to reappoint all the representatives and to re-establish their three (3) year terms. ISSUES: • During the 1999 legislative session, Representative Dennis Ozment of Rosemount authored a successful bill that, after December 31, 1999, will prohibit cities from appointing staff as commissioners to WMO's. Therefore, if the Council wants to reappoint Messrs. Macbeth, Gorder, Merkley, and Matthys, it would be timely and appropriate to do so this year. Staff has not solicited nor received any expressions of interest in these positions from other citizens. Agenda Information Memo December 6, 1999 N. CONTRACT 98-17, STREET & STORM SEWER IMPROVEMENTS COUNTRY HOME HEIGHTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 98-17 (Country Home Heights Street and Storm Sewer Improvements) in the amount of$31,106.53 to Danner, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 98-17 provided for the upgrade of the streets and installation of storm sewer within Country Home Heights, including Egan Avenue, Burnside Avenue, Ranier Lane, Inland Road, Vilas Lane, Fairlawn Place, and Beam Lane. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo December 6, 1999 O. WESCOTT WOODLANDS PUBLIC RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive a petition to vacate a portion of Wescott Woodlands south of the Carriage Hills golf course entrance and north of Wescott Hills Drive, and continue indefinitely consideration of scheduling a public hearing. FACTS: • As part of the Wescott Woodlands street & utility improvements in 1998, the City Council determined that a street connection would not be made between Wescott Woodlands and Wescott Hills Drive. The City Council approved the project with the improved section of Wescott Woodlands terminating at the Carriage Hills golf course entrance. However, the council did approve the construction of a trailway connecting the two newly created cul-de- sacs. • The remaining portion of Wescott Woodlands is an unimproved gravel roadway essentially serving as a private driveway for#3544 (Parcel 034-03) and #3590 Wescott Woodlands (Lot 1, Block 1 Wessel Pond Addition). • City staff received a petition from some of the affected property owners along the east side of Wescott Woodlands, south of the Carriage Hills driveway entrance to Wescott Hills Drive, requesting the vacation of that portion of the Wescott Woodlands right-of-way. • The City of Eagan will have to retain a drainage & utility easement, as well as public trail easement over the existing public right-of-way. ISSUES: • At the time of this Council Packet preparation, all of the petition application submittals had. not been received as anticipated. Therefore, it would be appropriate for the Council to receive the petition, but continue consideration of scheduling a public hearing until the application is complete to insure that the proper legal description is published and used for required notifications. Agenda Information Memo December 6, 1999 P. CENTURY ADDITION (LOTS 1 & 2,BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a public drainage & utility easement for Lots 1 & 2, Century Add., and schedule a public hearing to be held on January 4, 2000. FACTS: • On September 9, 1999, City staff received a petition from Thomas Klecatsky, property owner of Lots 1 & 2, Block 1, Century Addition, requesting the vacation of existing drainage & utility easements along the common lot line of Lots 1 &2. • The standard common lot line easements were dedicated with the Century Addition plat in 1984. • The property owner is proposing to re-plat Lots 1 & 2 into one lot to accommodate the building expansion of the existing business on Lot 1. This re-plat is also scheduled for consideration by the City Council on January 4, 2000. Agenda Information Memo December 6, 1999 Q. COMSERV NO. 1 (LOT 1,BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage & utility easement for Lot 1, Block 1, Comsery No. 1 Add., and schedule a public hearing to be held on January 4, 2000. FACTS: • On November 16, 1999, City staff received a petition from Marc Krueger, attorney representing Blue Cross/ Blue Shield — Minnesota, the property owner of Lot 1, Block 1, Comsery No. 1 Addition, requesting the vacation of existing drainage & utility easements along the rear lot line of Lot 1. • The standard lot line easement was dedicated with the Comsery No. 1 plat in 1983. • Vacation of the easement is necessary to accommodate the construction of an office building as part of the RiverPark Office Center development, preliminarily approved by the City Council in 1995. The RiverPark Office Center Addition includes the re-platting of a portion of Comsery No. 1 and is scheduled for Final Subdivision approval by the City Council at either the December 20, 1999 or the January 4, 2000 meetings. • 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. G/ D Agenda Information Memo December 6, 1999 Eagan City Council Meeting R. EXTENSION FOR RECORDING FINAL SUBDIVISION GREGORY L. PREUSSE FOR PREUSSES SECOND ADDITION ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for Preusses Second Addition located south of Old Sibley Memorial Highway between Trunk Highway 13 and Trunk Highway 77 in the SW '/4 of Section 19. FACTS: ➢ Preusse Second Addition was approved by Council action on October 19, 1999. Such approval established a subdivision recording deadline of December 19, 1999. ➢ According to the applicant, the requested extension is necessary due to unanticipated delays in the processing of the final plat with Dakota County. ➢ The requested 90 day recording extension would establish a recording deadline of March 19, 2000. ATTACHMENTS: (1) ➢ Gary G. Fuchs correspondence dated 11/29/99,page i(VI l LondonSUoeft, Anderson ATTORNEYS AT LAW L �l 1 ol(.r<i Ltd. MINN POLIS,NINFrH S 4002 1063-US.AA. TELEPHONE:612.338-WV-FACSIMILE:612.338.4311 130 ANCHOR BANK BUILDING 14665 GALAXIE AVENUE APPLE VALLEY,MN 55124-USA PHONE:612-4324400-FAX:612-432-1301 REPLY TO: APPLE VALLEY November 29, 1999 Ms. Marilyn Wucherpfennig City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Final Plat Approval-Preusse's 2nd Addition Our File No.: 20790.007 Dear Marilyn: The final plat of Preusse's 2nd Addition was approved by the City Council on October 19, 1999. Due to delays in processing the final plat through the County, the plat may not be approved prior to December 19, 1999, the expiration of the 60 day approval period. This is formal written request for a 90 day extension of the final plat approval recording date be granted for the recording of Preusse's 2nd Addition with Dakota County. Enclosed herewith is a check in the amount of$75.00 as the fee for the extension request. I trust the above request is satisfactory. If not, please contact me. Very truly yours, LONDON, ANDERSON, ANTOLAK&HOEFT, LTD. G. F GGF/tam cc: Greg Preusse John Larson, Pioneer Engineering CA20790\007\1tr to City of Eagan req ext(tam) MINNEAPOLIS, MN APPLE VALLEY, MN SPOONER, WI Agenda Information Memo December 6, 1999 Eagan City Council Meeting S. APPROVE OFF-SALE LIQUOR LICENSEE NAME CHANGE FOR BRAR ENTERPRISES INC. (DBA BLACKHAWK LIQUOR) CURRENTLY LICENSED AS JASBIR S. BRAR ACTION TO BE CONSIDERED: To approve the off-sale liquor license name change for Brar Enterprises Inc. (dba Blackhawk Liquor) currently licensed as Jasbir S. Brar. FACTS: • Jasbir S. Brar currently holds an off-sale liquor license and is doing business as Blackhawk Liquor (4130 Blackhawk Road). Mr. Brar has requested the licensee name be changed from Jasbir S. Brar to Brar Enterprises Inc. • Staff has reviewed the documents that were submitted in order to comply with licensing requirements and have deemed them to be in order for consideration by the Council. 013 Agenda Information Memo December 6, 1999 T. CONTRACT 99-09, ADVENT UNITED METHODIST/PATRICK EAGAN PARK UTILITY& PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 99-09 (Advent United Methodist / Patrick Eagan Park — Utility and Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 99-09 provides for the installation of sanitary sewer and storm sewer, as well as the construction of a new parking lot as outlined and discussed in the feasibility report for Project 775 prepared by City staff, dated June 1, 1999. • The revisions detailed in the change order address the reconnection of the church's existing sanitary sewer service, connection to the existing storm sewer, and additional earthwork. • The sanitary sewer service for Advent United Methodist Church had been installed previously into the existing manhole. With the extension of the sanitary sewer lateral it was desirable to have the service connected to the lateral with a wye connection. • The structural integrity of the existing storm sewer manhole prevented the connection of the new storm sewer as designed. Additional excavation was required to connect to the manhole at a lower elevation. • Poor soils were encountered in the area of the parking lot for Patrick Eagan Park. The material was removed and replaced with granular material from off-site. Park and Recreation Department staff requested additional earthen material and grading within the islands adjacent to the parking lot. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of$8,401.50 (7.02% of original contract). The associated cost will be the responsibility of the special assessments to the church ($582.00) and the Park Site Acquisition and Development Fund ($7,819.50). ATTACHMENTS: Change Order No. 1,pages through�. r city of eagan CONTRACT#: 99-09 CHANGE ORDER#: 1 PROJECT#: 775R DATE: 11-19-99 PROJECT NAME: ADVENT UNITED METHODIST CHURCH/PATRICK EAGAN PARK PROTECT DESCRIPTION: SANITARY SEWER,SITE GRADING,PARIONG LOT&STORM SEWER CONSTRUCTION CONTRACTOR: BITUMINOUS ROADWAYS ENGINEER CITY OF EAGAN 9050 TEFFERSON TRAIL 3830 PILOT KNOB ROAD INVER GROVE,MN 55077 EAGAN,MN 55122 DESCRIPTION OF CHANGE ORDER WORK: SECTION A- RECONNECTION OF THE EXISTING SANITARY SERVICE FOR ADVENT UNITED METHODIST CHURCH. SECTION B- CONNECTION TO EXISTING STORM SEWER MANHOLE. SECTION C-SAND FILL MATERIAL TO BRING PARKING LOT&ACCESS ROAD TO GRADE. SECTION D- ADDITION WORK TO CONSTRUCT BERMS. TUSTIFIC:ATION FOR/PURPOSE OF CHANGE ORDER SECTION A-THE EXISTING SANITARY SEWER SERVICE HAD TO BE DISCONNECTED AT THE EXISTING MANHOLE AND RECONNECTED TO THE NEW SANITARY SEWER LINE WITH A WYE CONNECTION. SECTION B-THE PROPOSED CONNECTION TO THE EXISTING STORM SEWER MANHOLE HAD TO BE LOWERED TO ACCOMMODATE TWO STRUCTURAL PIECES OF THE STRUCTURE WHICH PROHIBITED THE CONNECTION AT THE DESIGNED ELEVATION. THIS RESULTED IN ADDITIONAL EXCAVATION AS WELL AS ADDITIONAL DEPTH ON THE NEW STORM SEWER LINE. SECTION C-WET,UNSTABLE MATERIALS WERE ENCOUNTERED IN THE SUBGRADE OF THE PARIONG LOT AND ACCESS ROAD. THIS MATERIAL NEEDED TO BE REMOVED AND RE"LACED WITH GRANULAR FILL MATERIAL FROM AN OFF-SITE LOCATION. I SECTION D -ADDITIONAL FILL MATERIAL WAS NEEDED FOR INCREASING THE HEIGHT OF THE BERMS AS REQUESTED BY THE PARKS DEPARTMENT. NOTE: ALL PRICES WERE NEGOIATED AND AGREED ON BY CITY STAFF AND THE CONTRACTOR DESCRIPTION OF WORK ITEMS: SECTION A ITEM UNIT CONTRACT UNIT QTY. AMOUNT QTY. PRICE Equipment&Crew Tune HR 2 291.00 2 582.00 SECTION B ITEM UNIT CONTRACT UNIT QTY. AMOUNT QTY. PRICE } Equipment&Crew Time HR 6 385.00 6 2310.00 i. SECTION C ITEM UNIT CONTRACT UNIT QTY. AMOUNT QTY PRICE Granular Fill Ton 891 4.50 891 . 4009.50 SECTION D ITEM UNIT CONTRACT UNIT QTY. AMOUNT QTY. PRICE Mobilization,Crew& Equipment Time is 1 1500.00 1 1500.00 TOTAL SECTION A. $ 582.00 TOTAL SECTION B: $2310.00 TOTAL SECTION Q $4009,50 TOTAL SECTION D: S 500.00 $8401.50 a CONTRACT STATUS 71MVCOMPLETION DATE AMOUNT Original Contract Tune 15,2000 $119712.00 Change Order. Tune 15,2000 5 8,401.50 Subtotal of Previous Change Orders: $ 0.00 This Change Order. ` 8,401.50 New Subtotal of All Change Orders: $ 8,401.50 Revise Contract: $128,113.5 Percent Increase or Decrease for this Change Order to Original Contract Amount: +7.02% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount +7.02% RECOMMENDED FOR APPR AL: c By: By Project M"dr tontractor Date: 11 0A City U(eparbnenArwager City of Eagan Council Action: Mayor: Clerk Date: DISTRIBUTION 1-City 2-Contractor - 1-Engineer Q/ENGI4EWF0RM5&LWS/ .[aWZC10C Agenda Information Memo December 6, 1999 U. PROJECT 97-00,EAGANDALE CORPORATE CENTER NO 2 ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 97-00 (Eagandale Corporate Center No. 2 — Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Eagandale Corporate Center No. 2, platted for Skyline Displays, Inc., was constructed southeast of the intersection of Lexington Avenue (County Road 43) and Neil Armstrong Boulevard. This development required the installation of sanitary sewer, water main, and storm sewer, as well as new street construction, Discovery Road, which was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo December 6, 1999 V. LEXINGTON 2" ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To receive a petition to vacate a public drainage & utility easement within the Lexington 2nd Add., and schedule a public hearing to be held on January 4, 2000. FACTS: • A portion of the Lexington 2nd Addition property lies within the Northwood Business Park final subdivision approved by the City Council October 19, 1999. • On November 24, 1999, City staff received a petition from Rock Cliff Development Co. requesting the vacation of an existing drainage & utility easement that covers an existing sanitary sewer pipe and storm water pond within the Lexington 2nd Addition/ Northwood Business Park property. • As part of the Northwood Business Park development, relocation of a portion of the existing sanitary sewer pipe is necessary. Also, storm water storage volume requirements for the existing storm water pond have changed with the configuration of Northwood Business Park development. Rock Cliff Development Co. wishes to vacate the existing easements dedicated with the Lexington 2nd Addition plat over the existing sanitary sewer and the storm water pond. New public easements over the relocated sanitary sewer and the new storm water pond based on City requirements will be re-dedicated as part of the Northwood Business Park 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. �g Agenda Information Memo December 6, 1999 Eagan City Council W. FINAL SUBDIVISION (EAGAN POINTE) -DUKE-WEEKS REALTY CORPORATION ACTION TO BE CONSIDERED: To approve a Final Subdivision to create five lots on 26.7 acres west of Hwy. 149 and north of Yankee Doodle Road in the West %2 of Section 12. FACTS: • The Council approved the preliminary subdivision on September 21, 1999. • The preliminary subdivision was contingent upon satisfaction the applicant meeting the tree preservation requirements and review of the proposal by the Advisory Parks and Recreation Commission(APrQ. The applicant has submitted a satisfactory tree mitigation plan that has been reviewed by the City Forester, and was recommended for ttpproval by the APrC. • All documents are anticipated to be signed and in order for execution at the regular City Council meeting on December 6, 1999. ATTACHMEN Final Plat page r/ �D i � __ 1-77 `-_��„-� ¢ ��'• a � �� #! eta , v, %� r �•`I l l #� 3 ��1�9 � L # f � 1 fit€ �`:� � ;=d � r e �� ��� 1 E• I S yam• � r � I -' '+ ! r CL z t i#,, # € 17 1R''�T7 i�,��� al ro"E•e'h' N ,!/,/ 1'x°, ti. �`.i � IS �� �7 •fi'F� 7 i i$ k .R:a;t •�Kjj��4 iLi•� � � c�: r• d��r �3 _��� s� � �� d�� i• fE 417 i Y12 it a pg ag fill u I I i � Agenda Information Memo December 6, 1999 Eagan City Council Meeting x, L GS' A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1999 ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for the December 20, 1999 City Council meeting. 2. To continue the public hearing to 6:45 p.m., Monday, December 20, 1999 (The continuation date must be announced, if the hearing is continued.) FACTS: • The City is required by State law to hold this truth in taxation public hearing to consider the 2000 payable property tax levy and the 2000 budget. • Parcel specific notices showing the comparison of actual 1999 taxes to proposed 2000 taxes have been sent to each property owner in the City. • In addition to the mailed parcel specific notices, published notice is also required. That notice which invites property owners to attend the public hearing or to send written comments has been published in the Eagan This Week, Eagan Sun Current and Dakota County Tribune. This is beyond the legal requirement that requires publication in a newspaper that is circulated throughout the City. • The City's final levy and budget cannot be adopted at the truth in taxation public hearing but can be adopted at the continuation hearing, if one is held. • The City's tax capacity rate for the truth in taxation notices is 24.435 (City 21.266 & MVTA 3.169) compared to the 1999 rate of 24.682 (City 21.527 & MVTA 3.155) • Staff has received no written comments and only one general telephone inquiry. • Staff has prepared handout material for the public hearing that can be used at the meeting and mailed to any interested property owners. ATTACHMENTS: r • Enclosed on pages through /Sis a copy of comparative summaries of revenues and expenditures for the General Fund. • Enclosed without page number is a copy of the handout material that explains the levy and budget in detail. P3 2000 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES 1998 1999 1 1 2000 Actual Budget Budget General Property Taxes $ 11,252,504 $ 11,760,800 $ 12,343,200 Licenses 155,347 172,500 156,800 Permits 1,065,320 514,000 569,000 Intergovernmental Revenues 2,925,625 2,125,000 2,312,900 Charges for Services 1,071,860 725,000 812,100 Recreation Charges 391,913 378,500 422,700 Fines & Forfeits 182,611 181,000 177,000 Other Revenues 741,846 377,600 396,900 Program Revenues 897,560 829,200 881,700 Transfers 172,740 178,000 127,700 TOTAL GENERAL FUND $ 18,857.326 $ 17.241,600 $ 18,200.000 2000budexp 11/30/99 2000 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 1998 1999 2000 Actual Budget Proposed GENERAL GOVERNMENT 01 Mayor& Council $ 101,484 $ 100,400 $ 101,700 02 Administration 662,583 712,500 750,500 03 Data Processing 472,646 532,900 604,500 05 Finance/City Clerk 851,505 868,400 892,500 06 Legal 279,986 340,000 346,000 07 Community Development 1,110,732 1,228,100 1,277,500 10 Cable TV 24,534 41,300 2,800 Gen Govt Total 3,503,470 3,823,600 3,975,500 PUBLIC SAFETY 11 Police 6,001,221 6,388,100 6,775,100 12 Fire 962,833 933,300 1,006,900 Public Safety Total 6,964,054 7,321,400 7,782,000 PUBLIC WORKS 21 Public Works Engineering 910,231 957,300 1,022,400 22 Streets & Highways 1,570,607 1,294,100 1,329,200 24 Central Svices. Maint. 378,056 385,600 409,700 Public Works Total 2,858,894 2,637,000 2,761,300 PARKS & RECREATION 31 Parks & Recreation 2,214,212 2,367,100 2,517,200 32 Tree Conservation 277,562 286,700 235,100 Parks & Rec Total 2,491,774 2,653,800 2,752,300 GENL GOVT BLDG MAINT 33 Building Maintenance 512,255 536,100 565,100 OTHER 42 Contingency--undesignated - 269,700 363,800 Total Expenditures $ 16.330.447 $ 17.241,600 $ 18,200.000 Agenda Information Memo December 6, 1999 Eagan City Council Meeting B. CEDARVALE SPECIAL SERVICES DISTRICT PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2000 ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for the December 20, 1999 City Council meeting. 2. To continue the public hearing to 6:45 p.m., Monday, December 20, 1999 (The continuation date must be announced, if the hearing is continued.) FACTS: • The 2000 budget and levy are being set at$5,000. That amount is the same as was budgeted and levied in 1999 and is a reduction of$6,800 levied in the three earlier years (1996, 1997 & 1998). The 2000 levy/budget covers general maintenance ($3,000) and pylon sign maintenance and insurance ($2,000). The earlier reduction of $6,800 was the annual levy for three years paid for the sign installation. • The tax capacity rate for the truth in taxation notices for payable 2000 is 1.563 compared to the final 1.589 for payable 1999. • Given the timelines and the maintenance only approach to this budget and levy, the Cedarvale redevelopment effort is expected to have no impact on this budget during 2000. ATTACHMENTS: • Enclosed on page '0,02 is a copy of the estimated taxes payable by parcel for 2000 for the taxpayers in the district. • Enclosed on page is a copy of the information sent to the Cedarvale Special Services District Members outlining this proposed property tax levy and an acknowledgement of the relationship to the Redevelopment Study. There has been one response to the levy/budget notification with a question regarding the redevelopment. 3 Dec 99 2000 Estimated Rate$.315 per$1,000 of Market Value Estimated 2000 Owner Name Tax 1D 1999 Land 1999 Suldino 1999 Total Taxes FRANCHISE REALTY INT CORP 100170002054 $ 139,90C $ 295,10 $ 435,00 $ 137 U-HAUL REAL ESTATE CO 100190001003 70,50C 47,50C 118,000 37 HANNA&KATHLEEN NASR 100190001004 90,00c 71,40C 161,40C 51 MYERS REAL ESTATELLP 100190001006 214,30C 193,70C 408,OOC 129 SINCLAIR MARKETING INC 100190001008 155,70C 34,90C 190,60C 60 BERNARD J MULCAHYCO INC 100190001102 11 0.00c I I 0,00c 35 JOHN W FITZGERALD 100190001107 21,70 128,30C 150,OOC 47 LEO MOGOL 100190001111 373,50C 81,70C 455,20C 143 LEO MOGOL 100190001211 87,1 OC 22,30C 109,40C 34 C B&R ENT 100190002004 88,60C 109,20 197:80C 62 STEVE J&JANE M MARTIN 100190002007 88,20C 162180 251,00C 79 DCR CO 100190002008 25150 80,OOC 105,50C 33 GORDON&ALICE KOPACEK 100190002012 91,30C 84,70C 176,OOC 55 STATE OF MN 100190002027 1 8,00c isiooc 6 C B&R ENT 100190003004 75,50C 222,50C 298,000 94 GERALD HUSTON 100190003008 38,30C 30,70C 69,00C 22 HANSEN METCALF ENT 100190003012 77,OOC 140,50C 217,50C 69 ROCKY L RANCH 100190004008 35,60C 34,70C 70.30C 22 DENNIS BAILEY WOLKOFF 100190005004 84,OOC 272,50C 356,50C 112 JEFFREY D&SARAH J SCHENDEL 100190005008 25,90C 38,60C 64.50C 20 WAYZATA BAY CTR CO 100190005106 1,007,30C 1,462,70C 2,470,00C 778 BTA INV 100190007008 74,1 OC 154,9 OC 229,OOC 72 PAUL C BECKER 100190007106 15,60 21,40C 37.00C 12 PAUL BECKER 100190007206 23,50C 20,40C 43,90 14 LAWRENCE D&LESLIE HAUGEN 100190007306 14,6001 12,60C 27,20C 9 ALAN PAYMAR 100190007406 23,50C 27,20C 50,70C 16 JOHN E&KATHLEEN LUNDEEN 100190008006 51,70C 125,80C 177,50C 56 JOSEPH R MILBAUER 100190008008 55,50C 120,OOC 175.50C 55 JEFFREY SCHENDEL 100190009008 58,80C 65,70C 124,50C 39 WING K SETO 100190010008 78,40C 95,70C 174,1 OC 55 TIMOTHY J BEEBE 101352001001 54,60C 5,80c 60,40C 19 WADE H&DEBRA L YARBROUGH 101352002001 21,60C 11 1,40C 133,OOC 42 SUPERIOR COLLISION&PAINT INC 101370001001 88,50c 288,50C 377,OOC 119 STRATFORD HOLDINGLLC 101370002001 80,70C 172,30C 253.00C 80 SLED HEAD INC C/ODBA LARSONS AUTOMOTI 101370004001 87,1 OC 55,4001 142,50C 45 HUSSEIN D&JAMAL ANSARI 101370005001 68,40C 77.80C 146,20C 46 KELLY&CONNIE PLOURDE 101370006001 41,20C 55160 97 OOC 31 RANDALL J&SANDRA K QUAM 101370007001 53,70C 161,80c 215,50C 68 MARK S TSTE PARRANTO 101685003101 18,80c 127,20C 146,OOC 46 MARK S TSTE PARRANTO 101685004001 4,20C 4,20C 1 MARK S TSTE PARRANTO 101685005001 4,30C 4,30C 1 MARK S TSTE PARRANTO 101685006001 6170 6,70C 2 MARSHA HELLINGSON 101685008101 12,1 OC 56,000 68,1 oc 21 MARSHA H ELLINGSON 101685008201 3,60 3,60C 1 MARSHA H ELLINGSON 101685009001 7,20C 7,20C 2 MARSHA H ELLINGSON 101685011101 6,40C 6,40C 2 AMERICAN ACCOUNTS&ADVISORS INC 101685012201 10,30C 64,OOC 74,30C 23 AMERICAN ACCOUNTS&ADVISORS INC 101685012301 12,60C 85,40C 98,00c 31 CEDARVALE BOWL INC 101690101001 269,20C 503,30C 772,50C 243 JAMAL D ANSARI 101690102001 97,30C 69,70C 167,OOC 53 JENSEN JENSEN&JENSEN PTSHP 101690103101 134,60C 456,1 OC 590,70C 186 MINNESOTAS CREDITUNION 101690104001 64,OOC 240,OOC 304,OOC 96 CHASKA INV LTD PTNSHP 106810001001 572,50 352.50C 925,OOC 291 CEDARVALE BUSINESS CENTER 107284001101 102,50C 542,50C 645,OOC 203 HNH-CEDARVALE ASSOCIATES LP 1107284001201 364,OOC 2,581,10C 2,945,10 926 JOHN W FITZGERALD 1107284002001 48 70QI 136 30CI 185.00C 58 1� MEMO city of eagan TO: Cedarvale Special Service District Members FROM: Mike Ridley, Senior Planner DATE: November 29, 1999 SUBJECT: Year 2000 Budget The purpose of this memo is to inform each of you that the proposed Cedarvale Special Service District (CSSD) 2000 budget is $5000.00. As you may recall, this is the same amount budgeted for this year(1999) and covers only insurance and maintenance for the sign and mowing. As you are aware, formal adoption of the Cedar/Hwy 13 Redevelopment Study has yet to occur and a redevelopment implementation strategy has not been determined. Therefore, any potential CSSD contribution to assist with redevelopment efforts can be suggested, reviewed, and voted upon by District members next year as part of the CSSD 2001 budget preparation. Please contact Jamie Verbrugge, Assistant City Administrator at 651-681-4603 if you have any questions regarding the Cedar/H A y 13 Redevelopment Study. Please contact me at 651-681-4689 if you have any questions regarding the CSSD 2000 budget. Thank you. 29 Agenda Information Memo December 6, 1999 C. LOT 8.BLOCK 2. GARDENWOOD PONDS 4TH ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of the drainage and utility easements on Lot 8, Block 2, Gardenwood Ponds 4t' Addition and authorize the Mayor and City Clerk to execute all related documents. 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 existiN drainage & utility easement along the south edge of Lot 8, Block 2, Gardenwood Ponds 4t Addition. • On November 1, 1999, the City Council received the petition for the vacation of the drainage and utility easement and scheduled a Public Hearing to be held on December 6. • The easement was inadvertently dedicated with the Gardenwood Ponds 4l'Addition plat. The easement is not necessary to accommodate any planned or existing utilities or drainage ways. • The vacation is being requested to allow construction of a portion of the proposed house within the easement area. • All notices have been published in the legal newspaper and sent to all potentially interested parties. As of this date, staff has not received any objections. This request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map,page . • Legal Description&Exhibit,pages and . m �° SUNCRST o 'Pp Jam' CT' 00 l�O� 2 M JAY WAY ��. vNpp�r `" Lrj LJ �P =O� �� Z• ELRENE Q �v tie pis ARBOR CT. SCE CT. la2G-ss 00� rSFS, p0� OVERLOOK PL. SOUTH Z1 VQ 3 = p Cp� ��(, 2 S.H. WAY HILL L . O 0 �iLF Z w J Nl Z CARDINAL �P ROSS x Lu N` Q �? LAS m O pR s� J WG�o�° 0 W �' �' S.H. SOUTH c� p IR. BRENTWOOD �O WESCOTT ROAD m? H. CT. Of '47- zo BRIAR CREEK RD. STONYPO /Yy DC O HIDDEN H ZKETTLEAN URY , O,Q T W c o LL RUN F a AVANNAH �Q C` \1�ROO o, BEpR • `t<Q�� m J af a DANBURY _' °� O O� BALD moi^ OA G� G•�� m O�� �0� 0 G�. �' LAK �-p MILL UN z 0 0) � H a : HILL RD. G �� � /� • c'��Fiy �, LRENE TICONDEROGA TR. °P C� O �. O Q z WI DM�<< z -' NORTHVIEW PARK RD. F'Ps ��, c v 0 c; O/PTyLi PE �-m DR. SECTION Li 23 r O e Rty �v2mQ W Y z AVE. NORTHVIEW v o �2� r of0P c o� N Of Q m AVE. 3 G5m � XFORD 0MB�L Sys G� CA z tiq w O� GRAN. -� DIFFLEY ROAD �' DIFFLEY ROADLi CT. z DIFFL OAD W W o WN o C RY 0 z ?cDUTA X o >-P CT. z YORKTOWN PL, � D z PATRICK C EFLOWER CT F2 IMACLARE N ROAD F5 G��' S p ' LN. PUBLIC WORKS EASEMENT VACATION LOCATION MAP DEPARTMENT Oct.21, 1999 City of Eagan LOT 8, BLOCK 2, GARDENWOOD PONDS 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. CERTIFICATE OF SURVEY M32-2080-99 for O.R. NORTON r l ,F- i i - 7 gr —_ _ r S76 p;"23 r r r r w gJF cA"O oo ai ro 1 10 cv z I o o ! An 0 f a ! p V +0 5 r IL a'- _ /! J R[;;_:?iii:: ':t,?;:`.`..: ,wrdy�{rR1k`y:;.'�'•'}r:?;.+': r?»°�`^.t•. 440 E°a / n, ¢=-- R 771 554. ?554, CO -96 North wie Pork Road 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 B, 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 Lanof d Surveyor yor under the Laws of the State Plat bearings shown lo Denotes Iron monument Existing J Proposed Dote Reg. No. 8140 — EASEMENT VACATION LOT B, BLOCK 2, GARDENWOOD PONDS 0-99 g� Agenda Information Memo December 6, 1999 D. BROOKSTONE AMCON 1sT ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To close the public hearing and continue the vacation of a drainage and utility easement on Brookstone Amcon 1St Addition for consideration of approval with the Final Plat for the Eagan Pointe Addition. FACTS: • The Brookstone Amcon 1St Additionro p perty hes 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 a drainage & utility easement that covers an existing storm water force main pipe that extends across the Brookstone Amcon/Eagan Pointe property. • On November 1, 1999, the City Council received the petition for the vacation of the drainage and utility easement and scheduled a Public Hearing to be held on December 6. • As part of the Eagan Pointe development,relocation of the existing storm water force main is necessary. Duke Construction wishes to vacate the existing easement perpetuated with the Brookstone Amcon 1St Addition plat. A new public easement will be dedicated in the area of the pipe relocation as part of the Eagan Pointe plat when approved by Council and recorded with Dakota County. • All notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties. As of this date,the City has not received any objections. ISSUES: • The Final Plat for the Eagan Pointe Addition has not yet been approved by Council action. Subsequently, the required replacement easement has not been properly conveyed to the City. It is anticipated that the Final Plat will be processed within the next 30 days. However, it would be beneficial for the council to open and close the public hearing thus allowing the approval (assuming there are no objections) of the easement vacation to occur concurrent with the Final Plat approval under a future Consent Agenda. ATTACHMENTS: • Location Map,page zy—. • Legal Description&Exhibit,pages&throughT. 950 00 650 500 1100 INTERSTATE 494 —.--.— — --- �.—.--.—. — < 2600 O NEIL DR. NRERSTATF IW BLUE � TRAPP naw �� 3 INDUMIk��• i 1 2 � � 1 2800 _ NEIN ST. Qq 2 I BEATRICE n. 'Q $ I KFEFE 5T.T. 2 SUERS 3ERNCE i Iel � � RLM!)C-2 I (CO.RD.25> LONE OAK Raw LONE MK ROADCO. RD.2e -- — — — — —— 3000 CLUB�IEW DR APOLLO ROAD TRUNK No, g GEMINI �. I ❑ y #� EL z 3 &� _ �j41i�D oR• i 3200 IrIILLSIDErT.ALDRIN pt. O PROJECT LOCATION TANG PROYEWE R ROLLING I Yw HILLS I YANKEE DOODLE ROAD RIL ------ --------1 3400 Ems, YANKEE PL O O 4 ®I CE I w I.-TAINMC Fr.M roust AM TILw Cr L-ORCN Pr. a_rA*woW to �{ M S 1-NORMY Fr B,_ pr. tE 'tM'L O LAK G a aLu � I aPPERMAN DR. CrLN. OPPERhANN OR TR. Dk w, oAr 3600RD IN. V R ? j � Y Cr. ELRENE Y61Y � CT. IOIRN QR Raw 3800 FN�,n Ljl�j GkD VACATIONS/EAGNPOINTE 4 PUBLIC WORKS ROOKSTONE AMCON 1 st ADD. DATE DEPARTMENT Lot 1, Block 1 \ 9-14-99 -City 9 of Eagan VACATION LOCATION MAP DESCRIPTION OF EASEMENT TO BE VACATED: 1.) 20'Utility Easement,Document No. 377981,described as follows: A perpetual easement 20 feet in width for public utility purposes over, under and across the following described tract of land situated in Dakota County,Minnesota. Three(3)acres along the East line of the Southwest Quarter(SW 1/4)of the Northwest Quarter(NW 1/4)and the East line of the Northwest Quarter(NW 1/4)of the Southwest Quarter(SW 1/4)of Section 12,Township 27,Range 23; the North line of which three (3)acre tract is the center line of the Dodd Road as now located; the South line of which tract is the right of way of the Chicago Milwaukee and St.Paul Railway Co.; and the East line of which tract is the East line of the Southwest Quarter(SW 1/4)of the Northwest Quarter(NW 1/4)and the East line of the the Northwest Quarter (NW 1/4)of the Southwest Quarter(SW 1/4),Section 12,Township 27,Range 23,thence extending West a sufficient distance to include three(3) acres,said tract being in said Section,Township and Range. 2.) 20' Utility Easement, Document No. 579701, descibed as follows: A perpetual easement 20 feet in width for public utility purposes over,under and across the following described tract of land situated in Dakota County Minnesota. All that part of the Southwest Quarter(SW 1/4)of Northwest Quarter(NW 1/4)and West Half (W 1/2)of Southwest Quarter(SW 1/4)of Section 12,Township 27,Range 23,lying between the right of way of the Chicago,Milwaukee,St.Paul Paul and Pacific Railroad and State Trunk Highway 49 South of a line described as follows: Commencing at the intersection of the West line of said Section 12 and the center line of the Chicago,Milwaukee,St.Paul and Pacific Railroad; thence Southeasterly along the center line of said railroad a distance of 702.2 feet to the point of beginning; thence on a deflection angle of 84°6'to the left,a distance of 760.8 feet to the center line of State Trunk Highway 49 and thence terminating, except that part thereof described as follows: Three (3) acres along East line of the Scut::-west Quarter (Su1/4) of the Northwest Quarter (NWl/4) and the East line of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of said Section 12, the North line of which. tract is the center line of State Trunk High- way 49, the South line of which is the right of way of said railroad and the East line of which is the East line of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) and the Northwest Quarter (NW1/4) of the Southwest Quarter (SWI/4) and extending West sufficiently to include three (3) acres; and except that part of said Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) lying North of the following described line: Co=nencing on the North line of said Southwest Quarter (SW1/4) of the North- west Quarter (NW1/4) at a point 805.95 feet East of the Northwest corner thereof, which point 13 in the Wait line of Jeffer,on Highway; thence Southwesterly at an angle of 32° 59' with said North line 25.25 feet; thence Westerly with an included angle of 253° 18' for 103 feet; thence Northwesterly with an included angle of 113° 32' for 29.10 feet to said North line of the Southwest QuartteerC (SW1/4) of the Northwest Quarter (NW1/4). �[" 3.) 20'Utility Easement, document No. 587892,described as follows: A perpetual easement 20 feet in width for public utility purposes over, under and across the following described tract of land situated in Dakota County, Minnesota. Commencing at a point ninety (90) feet South of the Northwest corner of the East half (E1/2) •of the Southwest Quarter (SW1/4) of Section Twelve (12) , Township Twenty-seven (27), Range Twenty-three (23) ; thence Cast 424 feet to the center of the Dodd Road; thence South 250 East along the center of said Road 116 feet; thence West 473 feet to the West line of said East half (El/2) of the Southwest Quarter (SWI/4) ; thence North 105 feet to the point of beginning, containing one (1) acre, more or less; according to the Government Survey thereof. The North 3.35 acres of all that part of the following described lands lying Westerly of the center line of the road (now commonly called and known as Trunk Highway No. 1 or Jefferpon Highway) , to-wit: The South 10 acres of the Southeast Quarter (SEI/4) of the Northwest Quarter (NW1/4) and the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) . all In Section Twelve (12) , Township Twenty-seven (27) , Range Twenty-three (23) . according to the Government Survey thereof. LOT 8FNI 060-08 11-15-99 i g I I I r— — CHAPEL LANE 2 G� I i ti N � 0 I �N T I I I EXIST. STORM I , SEWER FORCEMAIN � _ _ _ _ _ _ _ _ _ _ _ _ _ I 20' UTILITY EASEMENT I #579701 20' UTILITY EASEMENT #587892 20' UTILITY EASEMENT #577981 PUBLIC BROOKSTONE AMCON 1st ADD. DATE WORKS Block 1 DEPARTMENT Lot 1 , 11 -14-99 City of Eagan UTILITY EASEMENT VACATION Agenda Information Memo December 6, 1999 E. LOT 4,BLOCK 2.KINGSWOOD PONDS IST ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of drainage and utility easement on Lot 4, Block 2, Kingswood Ponds 1St Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 18, 1999, City staff received a petition from Arvella Horne, Property owner of Lot 4, Block 2, Kingswood Ponds 1" Addition, requesting the vacation of a portion of the existing drainage&utility easement along the west edge of the property. • On November 1, 1999, the City Council received the petition for the vacation of the drainage and utility easement and scheduled a Public Hearing to be held on December 6. • 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 vacation is being requested to allow construction of a portion of the proposed house within the easement area. • All notices have been published in the legal newspaper and sent to all potentially interested parties. As of this date, no objections have been received. This request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map,page . p • Legal Description&Exhibit,pages and 7 I Q o l m OD x WEST PROMENADE PL � NOp(R\w0 0 a YANKEE DOODLE ROAD �n 1st YANKEE PL. ST. TOWN 0. i R. �� O Cy wo V 1� Q CENTRE DR. z 3 ,H1S DR. F. 1.- TAMARAC PT. 4.- FOREST RIDGE TR. EM 2.- BIRCH PT. S.- IRONWOOD LA. CL ACyV� 3.- NORWAY PT. 8.- R WDO PT. 1 7.- SPRUCE PT. O'LEA LAK BO DWA o2 z ? mu Yd W CKW v PARK V) 4 L. VIOLET 5 4 V l ROAD PA LANE w o 7 w AIQ F) FERE i,i A ER Si. FRANCIS AO H RY �' o y CRESTRIDGE LN. ROS OAC TD u=i Cl1E HERO w CT. rp m 71 B�GZ. 0 FLICKE o A BIRCH PGD m Z� i O o Z O to M 9Kt1A 1Sy KO CUR. %�i H a LSTAD MO RNING m � p i COVE H, �� Q � " LN LN. DOVE CT. WAY It *y FP�CO r 3� �S RD BL W IDLE T RD WK 3 F WAY GSWOOD POND DENMARK OIL 0 $ UN OE ARK CT. E. e RID E CT. W ti� CT. O w K DENMARK �CKHAtyK m m o vDf cr D w wEscoTr SLAC WK LACKHAWK ROAD RIVE TON LAKE L B.CIRC O — PT. 4449.Qj f o DEERCLI p� G T. q Y G Oz EERCLIFF O W CI D 0o m INDCR i P Y K\N AVE k Ir 3 OO K ROC LN. �� F RLSN"TVIEW �N��Te�Q• i NF PL KINGS CUTTERS LN. WAY DONEGAL 0 ROCKY J PROJECT LOCATION 3 j W 4 APPAL cvt P� 0 K� � M\ ( M PHY tR Q\ 1 CT. v DEERWOOD DRIVE .f�T 7� HOSFO D HILLS � DR. O 1. M WLARK LN. 2. SKYLARK LN. 3. MEADOWLARK PT. r 15UMAC Pi. 4. MEADOWLARK WAY 2.YEW PT. DEERWO D 3JUNIPER PT, PATH DEERW DD Tip U 4BOULDER RIDGE CASHELL CT 5.F1R PT. ti R\PGE �/I m�00 (. W Qd BERRY Y v IR, m 8 KNOU OR. o cq m m OF 0 ILRY�i 0 �9f i a o _ \LN", o~ CiR OA1m{ DR. �' " `' �� _ DIFFLEY ROAD WP FAC' � ——— —— —._.— w01 F R �LN. t. w 0 I n I NOV. 10, 1999 G:VACA1IONS/KWOODPONDS2 �� 1 Z I Cit of Eagan 0� EASEMENT VACATION LOCATION PLAN FIGURE Y 9 Lot 4, Block 2, KINGSWOOD PONDS 2nd 2 DESCRIPTION OF EASEMENT TO BE VACATED: Vacate the Northeast 8.00 feet of an 18.00 foot easement abutting the Southwest property line of Lot 4, Block 2, Kingswood Ponds 2°a Addition. Said easement to be vacated shall terminate 20.00 feet Southeast of the Northwest property line of said Lot 4 and 10.00 feet Northwesterly and parallel to a line described as follows: Beginning at a point on the Southwest property line a distance of 133.23 Southeast of the Northwest corner of said Lot 4, thence North 45°56"15' East to the Northeast property line of said Lot 4 and terminating. 90 Q a oP° o O10, o 4 / O o Q ` �o,Q ' Lot 3 > 0,90 f i Lot 2 / Lot 6 �� "" � " Lot 4 / / � S 2� 0�) 1,\NG / G:VACAT0MS/ICH=W0W OlEASEMENT VACATION <;�5City of Eagan of 4. Block 2, KINGSWOOD PONDS 2nd Agenda Information Memo December 6, 1999 Eagan City Council Meeting VII. OLD BUSINESS A. CITY WIDE Y2K CONTINGENCY PLAN ACTION TO BE CONSIDERED: To approve the City Wide Y2K Contingency Plan and authorize the final Y2K preparations and communications effort. FACTS: • Staff has prepared a City Wide Y2K Contingency Plan that was presented to the City Council's Y2K Standing Committee. The plan outlines the anticipated City responses to various potential outcomes related to the date change. It also covers the various staffing issues providing for the continuation of public services. • The Plan in draft form was used as the basis to apply for the League of Minnesota Cities Insurance Trust(LMCIT)Expanded Y2K Insurance Coverage. The coverage is being bound at the LMCIT. ATTACHMENTS: • Enclosed on pages through i Q o is a copy of the packet sent to the City's Y2K Standing Committee. • Enclosed on pages through is a copy of the information on the Police Department staffing as requested by the Standing Committee. • Enclosed on pages . and 11_3 is a copy of the minutes of the meeting of the Y2K Standing Committee held on November 22, 1999. ri; - ' MEMO 1- city of eagan TO: Y2K STANDING COMMITTEE/ CITY COUNCILMEMBERS BAKKEN & CARLSON FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 19, 1999 SUBJECT: Y2K STANDING COMMITTEE MEETING A meeting of the Y2K Standing Committee is scheduled for approximately 10:00 a.m. at Eagan High School on Monday,November 22, 1999. The meeting will be coordinated with staff and City Council participation in Eagan Government Day at the high school. The meeting is expected to last approximately one hour. The purpose of the meeting is to complete the following: 1. Review the draft City Wide Contingency Plan and to receive input and direction from the Standing Committee before presenting the document to the full City Council at the December 6, 1999 regular meeting for approval. Enclosed on pages 3 through "_is a copy of the City Wide Contingency Plan as prepared by staff. 2. Provide an update on the responses to the City's request for information on providing congregate care that was undertaken at the direction of the Standing Committee. On pages 12 and 13 is a copy of the letter that was sent out by the staff. Enclosed on pages 1_through_lp _is a copy of the summarized results. Staff has not proceeded to make any arrangements beyond having the inventory and will be seeking direction as to the Committee's desires for next steps, if any are contemplated. 3. Review staffing plans for the December 31, 1999,January 1,2000 period. Those plans are incorporated in the City Wide Contingency Plan. 4. Review the plans to communicate information to the public. Currently, staff is planning to use the City Newsletter, local newspapers and cable TV to communicate the pertinent sections of the contingency plan and other important information to the public. Consideration by the Standing Committee and the full City Council could be given to the issue of a direct mailing. ' 5. Provide information and get direction on any other items the Standing Committee would like to have addressed. h Given the sort time frame it will be difficult to provide any other information in advance of the meeting,however please contact the Office of the City Administrator with questions or feel free to bring them directly to the meeting. /00 City Administrator cc: Director of Finance/Y2K Coordinator VanOverbeke a November 19, 1999 DRAFT—Subject to City Council Approval CITY OF EAGAN Y2K CITY WIDE CONTINGENCY PLAN Information contained in this document is intended to serve as a Year 2000 Readiness Disclosure under the Year 2000 Information and Readiness Disclosure Act,Public Law 105-271. The City's Y2K preparations have been focused in the following five general areas: • Public Safety consisting primarily of Police and Fire and their response to emergencies, protection of life and property and similar issues that may impact health,welfare and quality of life. • Public Services including water,sanitary sewer,streetlights and streets/traffic. • Emergency Management,which includes updates and/or adjustments to the City's Emergency Plan to allow for proper response to this particular situation and its unique challenges. • Technology,which is obviously intertwined in all of the operational areas and provides the greatest technical expertise in addressing the problems and finding potential solutions. • Communications to allow a clear and consistent message to be delivered to the citizens and all other stakeholders in the City's efforts. As with other communities and most businesses,the process within this organizational effort included inventorying systems,equipment and interfaces,assessing potential impact of failures, implementing Y2K fixes and testing for readiness, and preparing contingency plans. In assessing potential impacts we labeled each as catastrophic e.g.water and 9-1-1,severe e.g.traffic control systems, sustainable e.g. streetlights and inconvenient e.g.elevators. Resources have been prioritized to the catastrophic and severe classifications and then on down the list as resources are available. We are continuously recycling through this process of assessing,fixing,and updating contingency plans through the date change. This document is produced to serve as the City's citywide contingency plan and is a compilation of plans prepared by individual departments. The plan modifies the City's Emergency Management Plan as necessary to provide for the unique circumstances related to the Y2K issues. The plan is designed to allow for the continuation of public services to the citizens of Eagan including all five areas of readiness preparations described above. The first priority for continuation of normal services is Public Safety with the second priority being Public Services. PERSONNEL/STAFFING See Incident Management for the Emergency Operations Center(EOC)Staffing. City Hall will have two employees on duty beginning at 8:00 a.m.on December 31, 1999 increasing that number to 4 at 11:30 p.m. Two non-maintenance employees will be on duty at the Maintenance Facility at 11:30 p.m.on December 31, 1999. This staffing will be primarily for the purpose of answering telephone questions either about City affairs or about Y2K. The Police Department will be staffing 20 additional officers on both Friday the 31•and Saturday the 1•. This number includes extra patrol officers, supervisors,a team of detectives,and officers at the Police Department to handle prisoners and lobby reports. The Department will also utilize an additional dispatcher,receptionist,two clerical workers,and two community service officers 4 to support the Police operations. � 3 qs Fire personnel will staff the five stations starting at 10:00 p.m.December 31,1999 until 2:00 a.m. January 1,2000 or longer, if problems arise. Four utility maintenance employees will be on duty and available to immediately respond to any problems that may arise. INCIDENT MANAGEMENT The Eagan Emergency Operations Center will be staffed with the following key personnel responsible for initial emergency response activities: Tom Hedges City Administrator Joanna Foote Communications Coordinator(PIO) Gene VanOverbeke Finance Director/City Clerk/Y2K Coordinator Congregate Care Kristi Peterson Information Technologies Ken Vraa Director of Parks and Recreation Tom Colbert Director of Public Works Doug Reid Chief Building Official Kent Therkelsen Police Chief Craig Jensen Fire Chief Ken Southorn Emergency Management Coordinator The following personnel will be on duty at the Eagan Municipal Center: Holly Duffy Assistant City Administrator Jamie Verbrugge Assistant City Administrator Teresa Pojman Information Technologies Howard Favilla Building Maintenance Supervisor j Mike Ridley Senior Planner Rick Swanson Police Captain Jim McDonald Police Captain The following personnel will be on duty at the Eagan Maintenance Facility: Wayne Schwanz Superintendent of Utilities Arnie Erhart Superintendent of Streets Kurt Schlegel Street Maintenance Supervisor Mike Chell Water Treatment Plant Operator/Production Supervisor Charlie Borasch Utility Field Maintenance Supervisor Additional personnel will be on duty to respond to the anticipated number of telephone inquiries (See Personnel/Staffing).Other employees will be"on-call"and will be asked to respond, if needed. The State EOC will also be activated and will be tracking any Y2K effects that have occurred around the world. Tracking will begin with New Zealand and the status of the situation will be updated every four hours. City staff will access this information from the Internet or through the Minnesota Duty Officer and through contact with the State EOC. . 1 �' b VEHICLES& EQUIPMENT FIRE APPARATUS All fire apparatus shall have their fuel tanks kept as full as possible at all times. On December 31, 1999 all fire equipment shall be fueled to maximum capacity. This includes but is not limited to, fire trucks, generators, gas fans,Hurst tools,chain saws,quick vent saws, spare pumps and spare fuel tanks. If there is no heat in the fire stations,fire pumpers shall be placed outside the stations and run pumps in winter operations. This operation will be used only for a short period of time(4-6 hours). After that time,the water supply in the tanks will be drained to eliminate freeze-up. Given the number of pieces of fire apparatus in the City and the variation in age, it is very unlikely that all equipment would fail. Units from all stations will be available to provide back up in the event that any particular piece of equipment fails. FIRE SUPPRESSION All fire pumpers carry 500 gallons of water and should be able to extinguish most small fires. Water supply from the city water supply system would be needed for large fires. In the event of water conservation implementation, fire suppression will be focused on the protection of life and exposures. If the city water supply becomes a major problem,fire personnel may resort to drafting water from a nearby lake or pond. Mutual aid from our neighboring communities will also be used, if available. FUEL SUPPLIES Fuel supplies will come from the Central Maintenance Facility. The backup generator in place for the maintenance Facility will provide power for the fuel pumps in the event of a power outage. The Maintenance Facility location will be the primary supply for fueling Police vehicles and all other City vehicles. Maintenance personnel using portable tanks will also be responsible for fueling all emergency generators. For the fueling of the generators we have one 110-gallon portable tank with pump and one 55-gallon tank and pump. This should be adequate to fuel both diesel and gasoline generators. The backup for vehicle fueling will be utilization of Super America stations throughout the area. Tracey/Tripp Fuels and Cenex Oil will have personnel"on call"for emergency fuel delivery. During the winter months we use approximately 5,500 gallons of diesel a month and have a 10,000- gallon capacity tank. Unleaded gas usage is approximately 10,000 gallons a month with a 20,000- gallon capacity. We are planning on filling or"topping off"these tanks the last two weeks before January 1,2000. This should keep us with fuel until the middle of February. BUILDINGS FIRE STATIONS If there is a power outage,Fire Department personnel will have to manually open the overhead doors at the stations. All of the stations will be equipped with chain driven overrides for power outages. The Fire Stations will all be wired to allow them to be heated through the use of portable generators using generators available in the stations. MAINTENANCE FACILITY The Maintenance Facility will be wired to provide for backup power through the utilization of a portable generator. The generator will provide power for heat and for the operation of the fuel pumps. S 99 MUNICIPAL CENTER If the Natural gas supply to City Hall/Police is terminated,there is only one area that will remain T� heated,that being the Police dispatch center,which has a hot gas bypass system built into the Leibert Unit.Electric heaters could serve as alternate source of heat for the command center. ENERGY MANAGEMENT SYSTEM This software program controls all mechanical equipment in the Police facility and the Municipal building. If this would fail or lose power it is possible that no mechanical equipment will operate or function correctly. Back-up power is being provided through the Municipal Center generator and its related back-up systems. This will then help us control the equipment that is on emergency power in the Police facility. If the software fails(the software.is 2000 compliant) it is unknown what will happen to the equipment. We will contact Northern Air Corporation and get on the list to have them come to our aid. In the event there is a failure,the building will be secured from the existing weather conditions until we are able to get some equipment running. FIRE ALARM PANELS The fire system panels have a short battery backup supply(minutes,depending on condition of batteries). It will not operate during a power outage. The fire system consists of the alarms, light strobes, and sprinkler precaution systems.If there is a power outage it will be necessary to have someone roam the buildings to look for fires or unsafe conditions. SUPPLIES We will gather some supplies to support an outage that might occur. Items such as flashlights, batteries, blankets, 1 l0-volt portable lights on stands,extension cords and any other equipment ► deemed necessary will be purchased. COMMUNICATIONS-INTERNAL FIRE DEPARTMENT COMMUNICATIONS In the event of power failure all fire stations will power their base radios using generators from fire apparatus when available. If these generators become unavailable,communications will change over to mobile and portable units. All fire personnel are instructed to keep their pagers in the monitor mode in case the paging system goes down. MINI-MODULARM BOARD This panel provides alarm and problem notification for 13 businesses or citizens in the city. These alarms are connected to the Police Department by phone lines. In the event of power or telephone failure,we may not be unable to receive alarms from these sites. 'We will be advising these businesses and citizens,by certified mail,that they may wish to consider having an employee or private security service on site. DINET PAGING SYSTEM This system is used to alert Eagan and Rosemount Fire Departments and to activate the outdoor warning sirens. A failure of this system would cause the fire alerting function to be transferred to the County Sheriff's Dispatch Center. The backup agency for activating the outdoor warning sirens is Inver Grove Heights Police. If both primary and back up sites are inoperable,firefighters would be instructed to place their pagers on `monitor"and notification would be announced over the Fire radio system. BASE STATION RADIOS If the main base station(Sperry Tower)is lost,dispatch changes over to the back up transmitter located at the Police Department and changes all radios to the simplex(non repeated)channel 2. A propane-powered generator is being purchased through the Police Department for installation at the Sperry Tower as a back up in case of electrical failure. Upon activation of the back-up generator,operations will be transferred back to the primary radio system. If the back up is also non-functional,dispatching operations will be transferred to the sheriffs office. The command vehicle can be utilized for a short period of time while the conversion to the Sheriffs office is completed. If the Sheriffs office were also non-functional,dispatching functions would subsequently be transferred to West St. Paul PD,and then to Lakeville PD. DISPATCH CONSOLE The console itself has no time or date association. If an element of the console were to fail,the other console or the Zetron system in the Communications Supervisor's office would perform that function. If the voice communication element failed at all console positions,the command vehicle could be utilized temporarily until the dispatch function could be transferred to the Dakota County Sheriffs Office. CENTRAL TELEPHONE SYSTEM The NEC 1400 Telephone system is the main telephone system for the Municipal Facility,Police, Fire,Civic Arena,Aquatic Facility,and the Maintenance Facility. There are two separate NEC 1400 Telephone systems that support the City. One is located in the Police Facility and the other is located at the Maintenance Facility. The two telephone systems are connected by a US West T1 Circuit and two TSU units,which are switching mechanisms which determine voice and data routing. Both of the NEC 1400 Telephone systems are Y2K ready. Failure of this system would result in the loss of telephone service to all facilities listed above. If this system fails,Matrix,our telephone vendor,will install a new telephone system with a minimum of 6 telephone extensions. This will enable the main numbers,651-681-4600(City Hall)and 651-6814700(Police Facility) plus the roll over extensions to be answered. The installation of this new system would be completed by 12:00 Noon on January 1,2000. In addition,the telephone technician who services our telephone system will be on site at the Municipal Center to immediately respond to any problems that may arise. The technician will be here from 11:00 p.m. until 2:00 a.m.January 1, 2000,or longer, if problems exist. POSITRON 911 PHONE SYSTEM This system receives all incoming 911 emergency calls. If this system fails,calls and dispatching services will be transferred to the following agencies: 1st Dakota County Sheriffs Dispatch Center 2°d West St.Paul Police Dispatch 3'd Lakeville Police Dispatch Eagan dispatch personnel will relocate to the receiving agency to answer our emergency calls and dispatch responding Eagan&Rosemount Police and Fire units. AMBULANCE SERVICE Loss of Ambulance service from Health East will be handled with mutual aid from Burnsville Fire,ALF Ambulance,Health Span,HCMG,Air Link ambulance or Hastings Fire. If mutual aid is not available we can provide"basic"transportation by utilizing the police department suburban,the Fire Department's Rescue truck or a police squad car using EMT's or First Responders from the Fire or Police Department as care givers. PAGING We will issue portable radios to key city personnel so that they can be contacted without having to rely on phone-based pagers. Messages will be sent from the police dispatch center. This system uses the public safety radio system and does not rely on telephone lines to initiate and send a message. OTHER PORTABLE RADIOS We will distribute the 14 portable radios(very limited range)from Cascade Bay to personnel working in the Emergency Operating Center/City Hall on December 31 as a backup system to the telephones. COM M113NICATIONS-PUBLIC FOR SERVICE If telephone service is available,citizens will be encouraged to use 911 service for emergencies only. For general information, City Hall can be reached on the December 31, 1999 holiday by calling(651)681-4600 beginning at 8:00 a.m.and continuing through early January 1, 2000 or until such time as all Y2K issues requiring immediate attention have been addressed. The Maintenance Facility can also be reached by calling(651)681-4300 beginning at 11:30 p.m. on December 31, 1999 and continuing through early January 1,2000 or until such time as all Y2K issues requiring immediate attention have been addressed. Public Safety Answering Points(911 Centers)throughout the county have alternate facilities that will answer 911 calls, if their own center cannot operate. If our center fails,Eagan's 911 calls will be routed to Dakota County Sheriffs dispatch and subsequently to West St.Paul and Lakeville, if failures occur in the primary backup center. Fire Department personnel will staff the five fire stations from 10:00 p.m.,December 31, 1999 until 2:00 a.m. on January 1,2000 to receive requests for service from the public in the event of a widespread power or telephone outage,including cessation of 911 service. If telephone service is unavailable,citizens will be able to drive to their closest fire station,to the Maintenance Facility, or to the Police Station to initiate a request for Police,Fire or Emergency Medical Services. Communications between these sites and the police dispatch center will be by public safety radio. These facilities are located at: 1. Fire Station#1 3940 Rahn Road 2. Fire Station#2 2980 Lone Oak Circle 3. Fire Station#3 4390 Pilot Knob Road 4. Fire Station#4 4200 Dodd Road 5. Fire Station#5 4701 Galaxie Avenue 6. Police Station 3830 Pilot Knob Road 7. Maintenance Facility 3501 Coachman Road Q PUBLIC SERVICES TRAFFIC CONTROL If power is lost to widespread signalized intersections,those intersections will be left dark, temporary stop signs will not be put in place. Normal traffic rules for uncontrolled intersections i.e. stop at all intersections and when applicable,yield to the vehicle on the right,will be followed. STREETS MAINTENANCE-INCLEMENT WEATHER Street Maintenance operations should not be affected by Y2K. At the present time we have 830 tons of salt/sand mixture, 850 tons of salt and over 2,000 tons of trap rock and granite on hand at the Maintenance Facility. We have the capacity for approximately 700 more tons of salt in our salt storage building which we will be filling this fall. This should give us ample supplies for snow&ice control. UTILITY DIVISION-WATER The Utility Division's review of its automated systems for Y2K readiness was completed in August of 1999. Total Control Systems Incorporated was contracted to inventory and to do on- site testing of all equipment at the north water treatment plant,south treatment plant,all in-field wells and the lift stations remote telemetry unit equipment. Through its investigation Total Control Systems concluded that TLC5/15 processors located at the north and south plants,the SLC500 located at the north and south plants, SCADA computers located at the north treatment plant, south treatment plant,maintenance facility and the laptop used by the Supervisor/Technician of production all are Y2K compliant. This testing research was done by reviewing all documents for each component and by actually changing the date and time in each PLC where applicable and computer dates and times that are considered Y2K prone. At the conclusion of its investigation Total Control Systems found that all components are Y2K compliant and has contracted with the City warranting to resolve any Y2K problems within a 24-hour period. In the event of a power failure or loss of the automated control systems the Utility Division is able to control its plant and well operations through hard-wired control boards. In addition,the South Water Treatment Facility is maintained during power outages with a backup generator that also supplies power to Well#5 and Well#18. Pumps for Wells#2 and#3 in the North Well Field are powered by natural gas and are available in any situation to provide water into the distribution system. With the amount of storage in the clear well at the South Water Treatment Plant and the availability for pumping,the City of Eagan will be able to supply 95%of the domestic water supply needed for the City for winter usage. The city storage system with its six reservoirs contains enough water for a 2-day domestic supply. Therefore,the City feels that it would be able to supply uninterrupted water for domestic use and fire fighting purposes for an indefinite period even if power outages are encountered during the Y2K time frame. UTILITY DIVISION-SANITARY SEWER The City of Eagan sanitary sewer system is for the most part a gravity flow system;therefore,power and computer problems are not a concern for a large part of the system. However,there are seven sanitary lift stations that are utilized to move wastewater in low areas back into the gravity system. These systems are also controlled by our SCADA RTU system;however,they have manual backup in case of a failure of the SCADA computer. The City has contracted with the Ziegler Corporation to lease five generators and owns two that are used for Utility operations. These seven generators will be on site at the Maintenance Facility two-weeks prior and operational one-week prior to the turn of Cl /o/ the year 1999 to the year 2000. The leased generators will be available for at least two-weeks afterwards. If the generators are needed longer,the contract allows us to continue leasing those for a time period to be determined based on the need of the Utility. GENERATORSIUPS SYSTEMS PORTABLE GENERATORS The following is an inventory of in-house and leased portable generators available over the period of 1/1/2000. City Owned Generators: I -Cat Model D100 P2 with a 100 kw prime and a 125 kw standby 1 -Winco generator -50 kw prime and 50 kw standby Generators Leased from Ziegler Inc.will be delivered to the City of Eagan 2 weeks prior to 1/1/2000,set up and available for use for the last week of 1999. The contract leases them through 1/14/2000 with a reserved right to continue rental agreement on a monthly basis thereafter: I —MQ power DCA125—100 kw prime, 110 kw standby 4- MQ power DCA85—68 kw prime,78 kw standby All generators will be on site and prepared for continuous duty if any problems arise. MUNICIPAL CENTER GENERATOR The emergency generator will supply power for essential functions at the police facility. This system will supply power to the dispatch center,jail,EOC and other critical areas within the police department. ADDITIONAL GENERATOR A new propane powered portable generator will be used to provide back-up power for the main radio system at the Sperry Tower,if needed. UNINTERUPTED POWER SUPPLY(UPS)-MUNICIPAL CENTER COMPLEX This system is a battery back-up supply that can supply emergency power in the event that the emergency generator would fail to start or has a mechanical failure.The UPS has an estimated time of operation(depending on load)of approximately 2 hours.If this system is being used because the Emergency Generator has failed,a connection has been made to allow a portable generator to back-up the Municipal Center generator. EMERGENCY GENERATOR ALARM ENUNCIATOR In the event that the generator is required for extended periods of time and the enunciator has failed,an individual will be assigned to periodically check for normal operation of the generator. Items to be monitored will include operating temperature of the unit and fuel&oil levels of the engine. 10 SHELTERS C The City will be relying on the existing agreements with the Red Cross and Salvation Army to provide the basics for any required emergency shelters. In addition the City has surveyed the available facilities in the community to provide backup for the Red Cross and Salvation Army as necessary. The results of that survey are attached to this document. Minnesota Valley Transit Authority is making provisions to have drivers available if buses are needed to transport special needs citizens to safe facilities. COMMUNICATIONS-PUBLIC INFORMATION The City will continue to communicate elements of its Y2K preparations and elements of this contingency plan to the community through the local newspapers, its newsletter,Cable TV, information handouts,and through answers to inquiries. In the event of Y2K problems communications with citizens will continue through all available means depending on the availability of the various avenues. DRAFT---Subject to City Council Approval 16L3 September 13, 1999 Advent United Methodist Church 3945 Lexington Ave. S. Eagan, MN 55122 Dear The City's Emergency Preparedness Plan lists your facility as a potential site to provide Congregate Care in the event of an emergency in the City. As part of our preparations for Y2K the City Council has directed staff to do an informal survey of all potential temporary shelter locations to determine the availability and capability of facilities that could assist with potential Y2K problems. The City is confident that no serious emergencies will arise, however we are preparing certain contingency plans to assist in providing for the health, safety and welfare of our citizens. In terms of temporary shelters,the City is relying on normal service providers such as the Red Cross and the Salvation Army to coordinate and to provide shelters, as they deem appropriate. However,the City is interested in being able to assist those organizations, if it becomes necessary. Would you please help us by answering these basic questions and returning a copy of the letter to me. We are not interested in making this a more complicated process than necessary and very much appreciate your assistance. 1. Do you have a shelter agreement in place for your facility with either the Red Cross or the Salvation Army? Yes No If yes,which provider 2. Have you made any plans to use your facility for potential Y2K community needs independently of either of these emergency providers? Yes No If yes,please explain. 3. If the answers to numbers 1 and 2 are both no,would you be agreeable to being placed on a list of potential temporary shelter facilities for emergencies related to Y2K? Yes No If yes,what is the potential capacity of your facility, if used as a temporary shelter 4. Will there be any emergency backup power at your facility on December 31, 1999? Yes No If yes, will there also be heat in the facility? Yes No /D Regardless of your answers,would you please provide the following information regarding contacts: Regular Business Hours Outside Business Hours Name Telephone Numbers(Include area codes): Regular Cellular Pager Please call me at (651)681-4616, if you have any questions or if you would like to discuss this matter. Thank you very much for your assistance. Sincerely, Gene VanOverbeke Finance Director/City Clerk Eagan Y2K Coordinator 13 tl- Is-qq CONGEGATE CARE FACILITIES Summary Of Replies Letters Affirmative Negative law Replies Replies No Reply Churches 19 8 3 8 Schools 16 13 1 2 Hotels 6 1 3 2 Other fi 2 Q 4 Totals 47 24 7 16 Breakdown of Affirmative Replies No. of Facility Features Facilities Capacity Red Cross & Backup Generator 3 7,000-8,000 Red Cross Only 4 100+ Backup Generator Only 3 2,300-2,600+ No Red Cross or Generator 14 7,000-8.000+ Totals 24 6,400-18,700+ Summa At this time, 13 local schools have offered space to shelter roughly 16,000-18,000 people. Eight churches are available but capacities have not been determined as yet. One hotel has offered 50 rooms. We still have no replies from 16 of the 47 organizations solicited; most of them are churches. To date, we have done no follow-up on the initial letters. If more participation is necessary, we can either write a second request or personally contact any of these 16 organizations. Additional detail on the responding organizations is available upon request. /06 t:b v W r w o � m � a E W a c V Q m pc o 0 N r SIT r o �cpp - « 0C C - N W N 03 - C E 0 I m -0L c 3 E t 3 n V Ln (nU U co _W J ; N O Q +N+ OIU X X X X X X C n i.0 LL n,m LU ,c al ISO- CL Ole X XXXX X LLJ I m 0 E- I > p Qy:+ N ` ` ` ` `. ` ` O O gp O O N O + + p + + + •- ' � O� 0) d� 0) 0), 0) O O 10 O i O 000 O O O 0!0 3333333 gglocoColo O f0 X N N N N' N I N N N a c0 00 00 LV ! a I O C c C C C C C O o ca <IQQ ¢ QQQ � o aIZZZZZIZIZ r0i g U Ur L) c g W t er r Cc> Hw rr Z'rn ca UJ J r U U c m. d y� p ��_ E'... -- o V E t0 CM 2 w <vw g d icae laai. c�o . c °CEl , � ccaa) CMI= U) lW WIU'0IWt Z C 8WNtmo c4) > Wo o 'ol W i� O O N t0 M Y 0 0� V C Y d E p d 0) r mm d N �i �0 d W'��p 0. 0)iCl�p y 0' O mUUww0. 09) m � dui -5Z0IE a� c a� v .r 0 c N E S a U C W a 0 U U O X b 0 s v - a cn N pp 0 '1-E N O mill �I OiO O pI�LC O!C r C O CIO a 0' 0 to 0 :E o o = to Y t e�e to ' C 7 c `.LL H 11 c y;V .fir Ile MEMORANDUM EAGAN POLICE DEPARTMENT 0 L 1 3830 Pilot Knob Road Q C ►T� f Eagan, MN 55122 651-6814700 EG 651-681-4738 FAX ♦ '1GAN DATE: September 21, 1999 TO: Rick Swanson,Acting Chief FROM: James S.McDonald, Operations Captain SUBJECT: Approval for Additional Staff on December 31, 1999-January 1, 2000 As you know, the city is developing a response plan for Y2K issues. While developing this plan, I believe we will need to increase the police staff to adequately serve the community. I am concerned about staffing from Friday, December 31, 1999 through Sunday January 2, 2000. To begin, no one knows what effects the "change over" from 1999 to 2000 will bring. Given the effort the City of Eagan is putting into an operations plan,we will need additional police staff to help deliver services to the community in case there is a catastrophic event. I am also concerned about the amount of calls for service our police officers will have to respond to. From my experience, working previous New Years Eve Holidays, I have found there have been an unusual amount of loud parties, intoxicated persons, and assaults. I anticipate with the new millennium, there could be an extraordinary amount of these types of incidents that we will need to respond to. Consequently, arrests will be made and, if juveniles are discovered consuming alcohol at loud parties, we may need to execute search warrants. Furthermore, it is quite conceivable that some security systems protecting city businesses and households are not Y2K compliant, meaning we will be responding to a vast amount of alarms. My goal is to keep the police officers out in the community patrolling neighborhoods as much as possible. When they are assigned a call for service, I would like them to get quick resolution and be able to move onto the next call as soon as possible. This means alleviating them from time constraining responsibilities like prisoner supervision,detailed investigations, and the taking of witness/suspect statements. I am proposing we staff an additional 20 officers for both Friday the 31 S`, and Saturday the I". This would include extra patrol officers, supervisors, a team of detectives, and officers at the police department to handle prisoners and lobby reports. I also believe we will need an additional dispatcher, police receptionist, two clerical workers, and two community service officers to support this operation. With respect to staffing Saturday, January V, I am concerned about the "carry-over" effect from New t �0 9 Page 2) Years Eve. Again,no one knows how the city will be effected when the year changes from 1999 to 2000. Besides being prepared for a potential catastrophe, I still believe we will have other law enforcement issues. Consequently, I do not want to be caught short whereby we have to scramble to get staff in case there is a crisis. I would rather error on the safe side and schedule the extra staff for one additional day. As you know we will make every effort to minimize overtime however, given the officers bargaining agreement,it will be difficult. No one can estimate the impact that will be placed upon the police department and other city departments. However, since all calls for assistance from the community will be received by the communications center inside the police department, I want the community to be assured that the police department and its staff will be prepared to respond to their needs. I will be waiting for your reply and any comments you have concerning this matter. Respectfully, James S. McDonald#15 Operations Captain Eagan Police Department cc: Thomas Hedges, City Administrator //0 MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road ►T° Eagan,MN 55122 651-6814700 651-6814738 FAX E A G P N DATE: October 6, 1999 TO: Thomas Hedges, City Administrator FROM: James S. McDonald, Operations Captain SUBJECT: Approximate cost for staffing from December 31, 1999-Jamuary 1,2000 During the staff meeting on October 1, 1999, Finance Director Gene Van Overbeke asked for a cost estimate regarding my request for extra staffing from December 31, 1999 through January 1, 2000. From my attached memo dated September 21, 1999, I had outlined staffing concerns in anticipation of potential emergencies that may arise with the change of the millennium. As I had previously stated, I want the citizens of the community to be assured the police department will be able to respond expeditiously to any crisis that may arise. The figures I am providing are estimates only. Also, I used the anticipated hourly overtime rates (including benefits) for the year 2000. Please keep in mind I will not go into detail about the nuances of each individual contract. Based upon my request, I believe the staffing over the weekend will be approximately$19, 620. Again, I calculated this using overtime hours anticipating a worst case scenario. Please be reminded we will attempt to limit overtime as much as possible. If you would like any further clarification on this please do not hesitate to contact me at extension#715. Respectfully, James S. McDonald#15 Operations Captain Eagan Police Department cc: Rick Swanson, Acting Chief Gene Van Overbeke, Finance Director Ken Southorn, Administrative Assistant MINUTES OF A MEETING OF THE Y2K STANDING COMMITTEE OF THE EAGAN CITY COUNCIL Eagan,Minnesota November 22, 1999 A meeting of the Y2K Standing Committee of the Eagan City Council was held on Monday, November 22, 1999 at Eagan High School in coordination with government day at the school. Chair Bakken called the meeting to order at 10:00 a.m. Present were Councilmember Bakken, Chair, Councilmember Carlson, City Administrator Hedges,and Finance Director/City Clerk VanOverbeke. Finance Director/City Clerk VanOverbeke gave a brief overview of the future steps related to the City's preparations for the date change on December 31, 1999. Those future steps include the following: a. The Y2K Standing Committee Meeting. b. The City Council Meeting on December 6, 1999. c. City Y2K Committee members meet to update the City Wide Contingency Plan, review status of preparation activities, and develop additional plans as necessary. d. Develop likely questions with appropriate answers for use by staff answering telephones. e. Communications efforts with the public intensify. f. Continue coordination with other agencies. Mr.VanOverbeke requested that some time be spent going through specific areas of the City Wide contingency Plan that had been provided to the City Council Standing Committee. Questions were raised and explanations were provided about specific expectations for the additional Police Department personnel as outlined in the document. It was noted that there is an additional memo on file that can be provided to the City Council outlining this information. The City's plan to provide telephone-answering capability beyond the Police Department on December 31"and into January I S`was discussed. Mr. VanOverbeke covered the background on how the current City Wide plan was prepared as a compilation of individual department efforts and how the document extends beyond the City's Emergency Management Plan that has been successfully utilized in past emergencies. It was pointed out that there is a fairly significant cost associated with the level of staffing that is being proposed for this time period. That is a cost that probably cannot be handled by the current budget as approved, although revenues are sufficient to provide for the necessary budget adjustments. It was the consensus that the cost is necessary to be adequately prepared and to be in position to respond in the event that any type of emergency is encountered. The personnel/staffing details were discussed in more detail and concurrence was given by the Standing Committee that the plan being proposed was appropriate and should be forwarded onto the full City Council for approval as discussed earlier. The importance of tracking activities as the date changes across the world and the United States and maintaining the flexibility to respond to situations as necessary and appropriate was noted. Mr. VanOverbeke covered the plans to deal with internal communications in the event of system failures. He also covered the plan providing a response for emergency contacts by citizens from the Fire Stations, Maintenance Facility and Police Station in the event there is a 9-1-1 communications failure. The need to communicate this plan to the citizens was stressed. The inventory of generators and the priority of providing public safety and then public services were discussed. It was noted that there has been a high level of cooperation among all departments to make this plan feasible and to develope confidence that emergencies can be adequately addressed, if they should occur. The response to the Standing Committee's direction to inventory potential Congregate Care providers located within the City was next discussed. It was determined that the plan to have the information available to use in cooperation with the Red Cross and/or Salvation Army but to make no additional preparations at this time is appropriate. The various methods of communicating this information to the public were discussed. Consensus was reached that no direct mailing should be undertaken. However,the City newsletter, local newspapers and Cable TV should be used. Also, staff was directed to place ads in the local newspapers to go beyond only news stories or press releases and to utilize more creative methods on Cable TV going beyond simple rolling scripts. City Administrator Hedges responded to a question about the expectations for the City Councilmembers On December 31, 1999 and into January 1,2000 by suggesting that if he knows of their where abouts and has a means of contacting them that is all that is necessary. There is no need for Councilmembers to physically be at City Hall although they are certainly welcome, if that is the desire. Councilmember Carlson inquired about how the Y2K intern had worked out. Both City Administrator Hedges and Finance Director/City Clerk VanOverbeke responded that the position had provided invaluable assistance in getting the work completed. Staff was directed to make the Y2K inventory available for the public if desired. There being no further business,the meeting was adjourned at 11:10 a.m. November 22, 1999 Date City Clerk EJV 113 Agenda Information Memo December 6, 1999 Eagan City Council Meeting NEW BUSINESS A. 2000 FEE SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS ACTION TO BE CONSIDERED: To adopt a resolution approving the 2000 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: • The Finance Department annually coordinates a review by all departments of the City's fee schedule. Recommended modifications are noted on the enclosed copy of the fee schedule. ATTACHMENTS: • Enclosed on page is a copy of the resolution. • Enclosed on pages through _ is a copy of a memo from Assistant Finance Director Pepper noting certain changes. • Enclosed on pages through.Zyyis a copy of the proposed fee schedule. / �4�4 CITY OF EAGAN RESOLUTION APPROVING THE 2000 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and WHEREAS, a comprehensive review of all fees has been completed by City staff; NOW, THEREFORE, BE IT RESOLVED that the fees as listed in the attached shall be effective January 1, 2000. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6t' day of December, 1999. E. J. VanOverbeke, City Clerk lis city of eagan MEMO TO: Gene VanOverbeke, Finance Director/Ci Clerk FROM: Tom Pepper, Asst. Finance Directo DATE: December 2, 1999 SUBJECT: 2000 Fee Schedule Attached is a draft version of the 2000 Fee Schedule. Some of the changes reflect the usual nominal increases (e.g., water meter prices based on the City's cost, ENR index increases for street assessments and connection charges, etc.). Other changes for consideration by the City Council are itemized below: Paqe 5 Construction permit fees in City right-of-way and utility permits are restructured to charge less for the ones that require little review and more for the ones that require more significant review. 7 Parkland dedication fees are increased 3% at the recommendation of the Advisory Parks Commission. 7 Excavation rate for water quality dedication is increased to $3.00 yard. This is the first increase since the fee was introduced in 1992. 8,12 Met Council increased its sewer availability charge by $50. 9 The $30 septic system abandonment fee is charged in all cases. 10 Re-inspection and after-hours inspection fees are charged out on a per- hour basis. 10 A $15 administrative fee is charged on permit refunds. 13 Water and sewer utility user rates per 1,000 gallons are decreased by 5 cents and 7 cents, respectively. The administrative charge is increased slightly. The quarterly water and sewer bill on 20,000 gallons usage (average for a family of four) will drop by $2.15. 116 Residential sewer utility charges are proposed to be based on winter quarter water consumption or current quarter water consumption, whichever is lower. Historically, the sewer charges have been based on winter quarter water consumption without regard to current usage. 13 Storm drainage utility rates are increased by 3%. 18 A damage deposit will be held for Parks and Recreation picnic kits, and extra picnic tables will be charged on a per-table basis. 22 Utility Construction Inspector (new position) and Building Inspector are added to the staff rate list. 23 Antenna site rent is increased by 6% in accordance with the terms of existing rental agreements. 24 Maps and other digital data produced and distributed by Community Development are changed from flat fees to staff time-based rates. Specialty zoning letters are to be based on staff time as well. Let me know if you have questions about any of the proposed changes. Thank you. ■ city eaganof "AaT Ur.ct�w+bcv �, (q99 Approved by the City Council at its eeting. Fees are effective January 1, 4999. ZZor7 / < 9 Table of Contents Page Licenses and Permits Alcohol ...............................................................................1 Other..................................................................................2 Development Review ..................................................................4 Construction-related Permits .......................................................5 Developer Escrow .......................................................................6 Other Development-related Charges Park, Trail, Water Quality Dedication..................................7 Tree Mitigation/Replacement .............................................7 Inspections Fees/Permits BuildingPermits .................................................................8 Mechanical Permits............................................................9 Plumbing Permits ...............................................................9 Other Inspections .............................................................10 State Surcharge ...............................................................11 Utilities Fees/Charges Connection/Availability Charges.......................................12 UserRates .......................................................................13 Other Utilities Fees...........................................................14 WaterMeters ...................................................................15 Street and Trail Special Assessment Rates...............................16 Other Assessment-related Charges ..........................................16 Parks and Recreation Charges .................................................17 Police Department Charges ................:.....................................19 Fire Department Charges..........................................................20 Fire Department Training Room Rental .....................................21 Equipment and Staff Rates........................................................22 Miscellaneous Fees/Charges ....................................................23 Summary of Connection Charges..............................................25 119 1999 FEE SCHEDULE LICENSES AND PERMITS Fee Alcohol Sales: Beer Application and investigation $ 350.00 (1) Off-sale license 75.00 On-sale license 350.00 Temporary license 25.00 Li uor Application and investigation 300.00 (2) Off-sale license 200.00 On-sale license 4,000.00 Sunday license 200.00 On-sale club license < 200 300.00 201-500 500.00 501-1,000 650.00 1,001-2,000 800.00 2,001-4,000 1,000.00 4,001-6,000 2,000.00 > 6,000 3,000.00 Temporary (up to 3 days) 150.00 Wine Application and investigation 200.00 (1) On-sale license 400.00 Sunday license 100.00 Consumption and display 25.00 Daily sports or convention 50.00 Duplicate license 5.00 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $350.00. (2) Also requires an escrow deposit of$1,000.00 for up to 5 persons requiring investigation plus $200.00 for each additional person if the investigation is conducted in Minnesota, or$2,000.00 for up to 5 persons requiring investigation plus $400.00 for each additional person if the investigation is conducted outside Minnesota. gad 1999 FEE SCHEDULE LICENSES AND PERMITS (cont'd) Fee Adult establishments: Investigation $ 300.00 Requires $1,000 escrow Annual license 5,000.00 Adult companionship/escort service provider: Investigation 300.00 Requires $1,000 escrow Annual license (one license included w/ 850.00 adult establishment license) Amusement, mechanical 1-3 machines 25.00 per machine 4-9 machines 200.00 total 10-15 machines 350.00 total > 15 machines 500.00 total /Nws4c.PlumbC4 Codt Ga+ jgAC ,AM4 Contractors license — Plumbing MN Dept. of Health .6@m@4 9904 or Sewer and Water and MN Master. P+uon�t4 c�..4► ..,k Dance hall — initial investigation 300.00 Dance hall — annual permit 300.00 Dance, public— single event 50.00 Dangerous dog registration Original registration, sign, and tag 25.00 Registration renewal (2-year) 25.00 Development-related permits See pages 4 through 7. Dog license (2-year) 14.00 [Licenses are also available at all Eagan veterinary clinics.] Duplicate dog tag 2.00 Fertilizer, commercial turf applicator license 50.00 Gambling — investigation 250.00 Golf cart, motorized permit 25.00 Golf driving range license 50.00 Hunting, bow permit— resident 10.00 Hunting, bow permit— non-resident 25.00 1a 1999 FEE SCHEDULE LICENSES AND PERMITS (cont'd) Fee Kennel permit— initial 100.00 Kennel permit— renewal 50.00 Massage therapy establishmt— investigation$ 300.00 Massage therapy establishmt— license 300.00 includes 1 therapist license Massage therapist— investigation 200.00 Massage therapist— license 50.00 Paintball facility— investigation 50.00 Paintball facility — license 150.00 Parade permit 25.00 Pawn shop — investigation 850.00 per owner Pawn shop — license 12,000.00 Pet shop license 100.00 Public utility maintenance vehicle permit 25.00 Rubbish hauler— commercial, residential, recycling only, or construction/demolition debris 1 st truck 50.00 Each additional truck 25.00 Service station license 100.00 Shows (circus, carnival, etc.) Investigation 50.00 License 25.00 Stables license 50.00 Tobacco sales license 100.00 Tree contractor license 25.00 3 1999 FEE SCHEDULE DEVELOPMENT REVIEW For the charges below that require escrow deposits, refer to p.6 for the amount. Fee Preliminary subdivision * $ 300.00 Requires escrow deposit Final subdivision 100.00 Requires escrow deposit plus 3.00/lot Preliminary planned development 250.00 Requires escrow deposit Final planned development 100.00 Requires escrow deposit Planned development— annual review 100.00 Planned development amendment 150.00 Requires escrow deposit (separate from rezoning) Comprehensive Plan amendment 300.00 Requires escrow deposit Rezoning * 250.00 Requires escrow deposit --whom sets PISA Final plat 200.00 Requires escrow deposit when site or grading plan is involved Final subdivision extension 75.00 Waiver of subdivision —duplex lot splits * 50.00 Waiver of subdivision — single-family zoned * 300.00 Waiver of subdivision — other * 150.00 Requires escrow deposit Variance * 150.00 Conditional use permit (CUP) * 150.00 Requires escrow deposit Interim use permit (IUP) * 150.00 Requires escrow deposit when site plan is involved * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. la3 4 1999 FEE SCHEDULE DEVELOPMENT REVIEW (cont'd) Fee Driveway agreement preparation $ 200.00 Lot combination agreement 200.00 Vacation proceedings 300.00 plus out-of-pocket City costs on replacement easements and/or transfer of property if handled outside normal subdiv. process Industrial revenue bond and multi- 500.00 plus out-of-pocket City costs family housing bond processing Tax increment processing fee 500.00 plus out-of-pocket City costs CONSTRUCTION-RELATED PERMITS Constru ' n in City right-q5wify right-q559-89--- or easem fee ived if issued 7 with residenti Moulgavard landscaping, irrigatiotility perry Grading/excavation If preliminary platted 300.00 If not preliminary platted 0-5 acres 200.00 each additional acre over 5 50.00 (600.00 maximum) Renewal 200.00 Utility So.oo •-;0.68 Cewstmo�4% �ftd{,�wy hiktwL20.00 Z.S. 00 � 5 1999 FEE SCHEDULE DEVELOPER ESCROW The City requires the following escrow deposits from developers. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. Initial Escrow Deposit Preliminary subdivision application OR $ 150.00 per acre Preliminary planned development OR 1,500.00 minimum for single fam Waiver of subdivision—other OR 3,000.00 minimum for C/I and Comprehensive plan amendment town homes/mu ltiples 4,800.00 maximum Final planned development 2,000.00 Final subdivision application – 1-3 lots 2,000.00 Final subdivision application –4 or more lots 4,000.00 Contract management < $150,000 estimated construction costs 8% of costs 1,000.00 minimum $150,001-$500,000 est constr costs 6% of costs 12,000.00 minimum > $500,000 estimated construction costs 5% of costs 30,000.00 minimum Conditional use permit 500.00 (Not required if subdivision escrow has been collected as part of same application.) Interim use permit–when site plan is involved 500.00 (Not required if subdivision escrow has been collected as part of same application.) Rezoning 500.00 (Not required if subdivision escrow has been collected as part of same application.) 6 1999 FEE SCHEDULE OTHER DEVELOPMENT-RELATED CHARGES Fee Parkland dedication: Single-family x,2,12 $ 4-,m636-@0 per unit Duplex ?,`4 per unit Townhouse/Quad X41 842. 0 per unit Apartments/Multiple VL 4;;;. per unit Commercial/Industrial (post-1/1/83) 31+11 � 9'86. a per net acre Commercial/Industrial (pre-1/1/83) ��7 .448$-08 per net acre Trailway dedication: Commercial/Industrial 94$ .@-20-ea. per net acre Residential (iib 4&0.66 per unit Water quality dedication: Charges are based on the following per-acre land values: Single-family 30,000.00 Duplex 30,000.00 Townhome 34,875.00 Apartments, Schools & Churches 38,054.00 Commercial/Industrial 56,000.00 Excavation rate 2-00 per yard Tree mitigation/replacement: Refer to City Code section 11.10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch Woodland areas 1.20 per sq ft of woodland 7 1999 FEE SCHEDULE INSPECTION FEES/PERMITS Building permits: Building permit fees are based on the 1997 UBC Fee Schedule. Permits are issued to specific lots. All permit fees are rounded to the nearest dollar. A change in address or lot after issuance is subject to a $50.00 transfer fee. Permits with valuation exceeding $10,000 are subject to a Plan Check charge of 65% of the building permit fee. In addition, there is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with the building permit fees: Sewer availability charge (Met. Coun- 1,100.oo cil Environmental Svcs — SAC chg) (These fees are for Sewer availability charge (City) 100.00 single-family dwelling Water supply and storage (City) permits; see pp.12 & 15 Water meter (5/8") 114.00 for fees for other Treatment plant charge 4q2.-Po-4 .99- construction types.) Building permit valuation Fee < $500 $ 30.00 501-2,000 30.00 plus 2.60/ $100 valuation* > $500 2,001-25,000 69.25 plus 14.00/ $1,000 valuation* > $2,000 25,001-50,000 391.75 plus 10.10/ $1,000 valuation* > $25,000 50,001-100,000 643.75 plus 7.00/ $1,000 valuation* > $50,000 100,001-500,000 993.75 plus 5.60/ $1,000 valuation* > $100,000 500,001-1,000,000 3,233.75 plus 4.75/ $1,000 valuation* > $500,000 > 1,000,000 5,608.75 plus 3.65/ $1,000 valuatn* > $1,000,000 Building permits for selected work at existing residences: Basement remodel/finish 60.00 Deck 60.00 Fireplace/fireplace stove 60.00 Demolition permit 60.00 * or fraction thereof /C) 8 1999 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Mechanical permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) Fee Minimum fee $ 30.00 Add-on, modification or alteration 30.00 HVAC -- < 100,000 BTU/hour 30.00 HVAC -- each additional 50,000 BTU/hour or 6.00 fraction thereof Fuel/gas piping system 3.00 per outlet Commercial/Industrial/Apartment buildings Minimum fee 30.00 HVAC 1% of contract price Process piping systems 30.00 Plumbing permits: The Inspections Dept must verify the classification of each multiple-residence dwelling to determine the appropriate permit type. Residential (1-2 family, townhomes, condos) Minimum fee 30.00 Add-on, modification or alteration 30.00 Plumbing fixture 3.00 each Water softener 30.00 Water heater 3.00 Fuel/gas piping system 3.00 per outlet Fixture rough-in 1.50 each Lawn sprinkler system 3.00 each Private sewage disposal system 75.00 (includes 40.00 County permit fee) Abandonment of private sewage disposal 30.00 system on demolition Abandonment of private sewage disposal -Ro-fee 3p,on system in turnaround Commercial/Industrial/Apartment buildings Minimum fee 30.00 All plumbing 1% of contract price /0) 9?" 9 1999 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) Other inspections fees: Fee Electrical permits Issued by the State Hair and nail salon inspection (issued on 30.00 projects without an active building permit) Plan check (applies if valuation > $10,000) 65% of building permit fee Moving permit—building $ 75.00 plus cost of damage/ repairs. Escrow to be determined on case- by-case basis. Sign permit 2.50 per square foot Wind energy, radio and N tower permit Based on value—see building permit fee schedule Foundation permit Based on value—see building permit fee schedule Underground storage tank installation/removal See mechanical permit fees Canceled permit processing fee 50% of plan check fee Lot transfer fee 50.00 Replacement building permit field card 5.00 Duplicate certificate of occupancy 5.00 h �e?oc� r. _ hr in! v Re-inspection fee 39� ' l�cr-h�r���c�"d �KSGt�v+�� �•6c�/hr,--'Ll�r�+inir�urK Address change after building rermit issued 50.00 Reprocess,feeend of month permits) 20.00 4e_ 157.00 State of MN dontractor license verification 5.00 Street name change application 100.00 plus out-of-pocket City costs �C� 10 1999 FEE SCHEDULE INSPECTION FEES/PERMITS (cont'd) State surcharge on building, mechanical, plumbing permits: The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Fee Value-based permits < $1,000,000 valuation .0005 x valuation 1,000,001-2,000,000 500 + .0004 x (valuation — 1,000,000) 2,000,001-3,000,000 900 + .0003 x (valuation —2,000,000) 3,000,001-4,000,000 1,200 + .0002 x (valuation — 3,000,000) 4,000,001-5,000,000 1,400 + .0001 x (valuation —4,000,000) > 5,000,000 1,500 + .00005 x (valuation — 5,000,000) Fixed-fee permits Permit amount 1,000 or less .50 Permit amount > 1,000 Permit fee x .0005 11 1999 FEE SCHEDULE UTILITIES FEES—CONNECTION/AVAILABILITY CHARGES Trunk charges: Fee Sanitary sewer oversize Unplatted and platted non-resid. 11g10 $ 4-,e5t- per acre Platted residential 900 -W per lot Water main oversize Unplatted and platted non-resid. (,9(,0 -4�g9 per acre Platted residential 940 4949 per lot Storm sewer oversize Single-family .oS(o f)fM per sq ft Multi-family • Ica -465- per sq ft Non-residential .17-9 -126- per sq ft Lateral charges: Sanitary sewer 44.40 A440- per centerline foot Water main Single-family 45.10 0 per centerline foot Multi-family and non-residential 671,,$o -55.78 per centerline foot Storm sewer (based on pipe at 15' depth) 12" storm sewer O,90 - per centerline foot 15" storm sewer 510 49.7& per centerline foot 18" storm sewer 54.30 -63-219- per centerline foot 21" storm sewer 5%•10 per centerline foot 24" storm sewer ".10 — per centerline foot Sanitary sewer availability (SAC): 1,100,00 MCES portion—all property types %4-,960.00 per SAC unit * City portion—all property types 100.00 per SAC unit * Water supply and storage: Residential '940 -085--per SAC unit * Non-residential *3,04o _3;8 9 per acre Treatment plant: All property types 49Z -468-- per SAC unit * * SAC units are determined by Metropolitan Council-Environmental Services (MCES). NOTE: Accessory buildings in apartment complexes are not charged MCES SAC. 12 1999 FEE SCHEDULE UTILITIES FEES—USER RATES Fee Sanitary sewer Residential and Commercial/Industrial (Usage for each quarter is based on 10wc�Of amt winter quarter water usage.) Quarterly administrative fee L30 $ ..2.29 per quarter All usage (.20 _147 per 1,000 gallons Sewer-only (no water connection) 38,30 -99-66' per quarter New account deposit 15.00 Water Residential and Commercial/Industrial Quarterly administrative fee 7,1D -.-6- per quarter All usage 1 .00 -+$5- per 1,000 gallons Hydrant/construction meter—minimum 5.00 per day New account deposit 15.00 Storm water drainage All properties except R3 !f -5.W per REF/qtr R3 properties (20% credit)' 4 •$p 4.72- per REF/qtr Street/signal lighting Neighborhood lights Single-family, twin homes (R1/R2) 3.10 per qtr/lot Townhomes (R3) 2.48 per qtr/unit Multiple residential 9.70 per qtr/account Non-continuous 4.15 per qtr/acre Continuous (per LF basis) .127 per qtr/LF Continuous (per acre basis) 17.60 per qtr/acre Individual lights 100 WHIPS 18.85 per light/qtr 150 WHIPS 30.50 per light/qtr 200 WHIPS 30.25 per light/qtr 250 WHIPS 41.70 per light/qtr Community and signal lights R1/R2 1.70 per unit/qtr R3 1.34 per unit/qtr R4 1.20 per unit/qtr Non-residential 5.05 per unit/qtr 13 1999 FEE SCHEDULE UTILITIES FEES—OTHER Fee Water shut-off $ 30.00 Water meter removal/replacement/resealing 30.00 Utility bill late charge 1.5% per month on unpaid balance Assessment fee on delinquent utility bills 25.00 per parcel Sewer permit—new or repair of existing 50.00 Water permit—new or repair of existing 50.00 Temporary construction hydrant meters (6 mo max) Permit fee 40.00 Hydrant damage deposit 200.00 Meter damage deposit 700.00 3" backflow preventer & cart damage deposit 1,800.00 Trip fee (if required) 30.00 Scheduled after-hours work Call out-2.5 hour minimum OT labor rate plus 10% admin fee to max admin of 50.00 Extended day OT labor rate plus 10% admin fee Meter testing (charged only if meter tests correct) 5/8" through 1" 50.00 1 '/4" through 2" 80.00 All other sizes Contract cost plus 10% Water turn-on before all work satisfactorily completed (Fee includes refundable deposit of 170.00) 200.00 Private hydrants Maintenance/flushing 30.00 Repair Time and material /3.3 14 1999 FEE SCHEDULE UTILITIES FEES—WATER METERS Fee Water meters (includes copperhorn/strainer, remote wire, and touch-pad meter) 5/8" x3/4" meter $ 114.00 3/" meter A4F. 148.00 1" meter 193.00 1 '/2" meter -425.86-'47.0.ao 2" compound meter +-755r.6E) I.I(fl.00 3" compound meter ' H9+- 2,211.00 4" compound meter 3,459.00 6" compound meter 5,797.00 1 '/2" turbo meter 2" turbo meter $890 gq�,0p 3" turbo meter x-66' h I60.0o 4" turbo meter 2,130.00 6" turbo meter 3,973.00 Replacement remote wire (over 50') .10 per foot Replacement outside touch-pad meter 13.00 #2 copperhorns only Meter strainers only 2" strainer 267.00 3" strainer 345.00 4" strainer 531.00 6" strainer 668.00 13Y 15 1999 FEE SCHEDULE STREET ASSESSMENTS Fee Residential-32' wide Street surfacing $ -a5..69- per FF 34,30 Street surfacing with grading 411-86- per FF 41.45 Street surfacing with storm sewer A4.-69 per FF 50.50 Street surfacing w/ grading and storm sewer .64.45 per FF &Z•30 Multiple and Institutional-44' wide Street surfacing 2fr per FF 60.40 Street surfacing with grading -76.76 per FF -12.VT Street surfacing with storm sewer 86-80 per FF Sq,5& Street surfacing w/ grading and storm sewer t617ZT per FF 103.,35 Commercial/Industrial Street surfacing 86-26 per FF I I A5 Street surfacing with grading 102.1 per FF 1124JI Street surfacing with storm sewer 1.69:95- per FF ) 11 .20 Street surfacing w/ grading and storm sewer 4.3, -. - per FF 134.Af TRAIL ASSESSMENTS Concrete-6' wide (includes $3.90/FF sod/grading) -2t-% per FF 1*11 Bituminous-10' wide (includes $3.90/FF sod/grading) +T-M per FF 100.30 OTHER ASSESSMENT-RELATED CHARGES Reallocation of special assessments 150.00 Assessment search 10.00 Pending assessment report 25.00 Final assessment report .50 per page (10.00 minimum) Copies of legal description, owners, etc. 1.00 per page 16 1999 FEE SCHEDULE PARKS AND RECREATION CHARGES . Residents Non-residents All facility rental fees and charges are subject to 6.5% State sales tax. The following facility rental fees require a $150.00 damage deposit, payable at the time of registration: Trapp Farm, Thomas Lake, and Blackhawk Park pavilions: All day rental (10am-10 pm) $ 100.00 $ 120.00 Half-day rental (10am-4pm, or 5-10pm) 70.00 90.00 Blackhawk kitchen 30.00 30.00 Enclosed park shelter buildings: All day rental (10am-10 pm) 100.00 120.00 Half-day rental (10am-4pm, or 5-10pm) 70.00 90.00 Athletic facilities/shelters: Fields-youth tournament (per field per day) 35.00 45.00 Fields-all other users (per field per day) 55.00 75.00 Lights, if required (per field per hour) 30.00 30.00 Building cleaning (per day) 55.00 55.00 Restrooms/bases/chalking (per reservation) 30.00 50.00 Community room-City Hall (NOTE: after-hours rental is 2-hour minimum): Youth groups-8 am to 4:30 pm deposit only N/A Youth groups-after hours (per hr) 9.00 N/A Local civic groups-8 am to 4:30 pm deposit only N/A Local civic groups-after hours (per hr) 20.00 N/A Other citizen groups Per hour rental 20.00 50.00 Maximum one-day rental 200.00 350.00 For-profit organizations Per hour rental 50.00 50.00 Maximum one-day rental 350.00 350.00 /36 17 1999 FEE SCHEDULE PARKS AND RECREATION CHARGES (cont'd) Residents Non-residents The following charges are subject to 6.5% State sales tax: Sunshelters (per day) $ 30.00 $ 50.00 Picnic kit (djo revered w ♦30'20 CIALO ,J t Adeos'ir) 3 items 7.00 10.00 Each additional item 3.00 5.00 Chuckwagon grill (per day) 30.00 50.00 Canopy (per day) 55.00 75.00 OO Extra picnic tables N/A Athletic Facilities – restrooms, bases, 30.00 50.00 Chalking (per reservation) Trapp Farm reserved tubing facility: 1-25 people (per hour rate) 25.00 50.00 Each addl > 25 (per person per hour) 1.00 1.00 (Note: maximum capacity is 100 people) Field/facility maintenance fees: Traveling youth teams (per team) 70.00 N/A Adult—up to 9 games (per team) 175.00 N/A Adult—more than 9 games (per team) 325.00 N/A Concessions permit (maximum of 3) 215.00 N/A Civic Arena rental Prime time (2pm-10pm weekdays) 140.00 per hr. 140.00 per hr. Non-prime time 105.00 per hr. 105.00 per hr. 18 1999 FEE SCHEDULE POLICE DEPARTMENT CHARGES Fee Police/Fire reports: Accident report $ 4.00 Incident report Initial report 4.00 Subsequent additional pages .25 per page Weekly arrest report 20.00 per report Weekly accident report summary 10.00 per report Photos First print 10.00 Each additional .50 Viewing accident reports (commercial users) .50 per report Audio tapes 25.00 Video tapes 35.00 Other Police charges: Alarm panel 8.00 per month BCA urine or blood test kit 10.00 Driver's license printouts 5.00 Fingerprinting 10.00 Handgun application, permit to carry 10.00 "No Parking" sign bagging fee 50.00 Police records check/clearance letters Law enforcement agencies no fee Non-law enforcement agencies 5.00 Street closure 25.00 plus $25.00 deposit 13 ,01, 19 1999 FEE SCHEDULE FIRE DEPARTMENT CHARGES Fee Fire reports: See Police reports, p. 19 Personnel/Equipment: Manpower $ 9.00 per hr (1 hr min) Chiefs vehicle, rescue truck, grass rigs 150.00 per hr (1 hr min) Pumper, tanker, emergency support vehicle 200.00 per hr (1 hr min) Command vehicle, aerial 500.00 per hr (1 hr min) Safety house: Within City limits Fire prevention (schools, daycare) no fee Other special requests 25.00 Outside City limits County Mutual Aid cities (house only) 125.00 per day + mileage County Mutual Aid cities, manpower, supplies 150.00 per day + mileage Others (house only) 150.00 per day + mileage Others — House, manpower, material 200.00 per day + mileage Hazardous material containment/cleanup: Personnel: First half-hour no fee All time thereafter 9.00 per person per hour Supplies: First 20 lbs. absorbent no fee All supplies thereafter actual cost Equipment First half-hour no fee All time thereafter per equipment rates above Rescue boat 100.00 per hour (1 hr min) Hazmat trailer 100.00 per hour (1 hr min) v � 20 1999 FEE SCHEDULE FIRE DEPARTMENT TRAINING ROOMS Room deposit of$150,00 to be paid at time of registration (After-hour rental is a 2-hour minimum) RESIDENT NON-RESIDENT Small Large Full Small Large Full Room Room Room Room Room Room Youth groups 8am-4:30pm deposit only N/A Youth gps after hours (per hr) 9.00 12.00 15.00 N/A Local civic groups 8am-4:30pm deposit only N/A Local civic gps after hrs (per hr)15.00 20.00 30.00 N/A Other citizen groups Per hour rental 15.00 20.00 30.00 30.00 50.00 75.00 Maximum one day rental 250.00 600.00 For-profit organizations Per hour rental 30.00 50.00 75.00 30.00 50.00 75.00 Maximum one-day rental 250.00 600.00 Audio Visual 75.00 75.00 Computer connection for and/visual 200.00 deposit 200.00 deposit Microsoft PowerPoint 125.00 125.00 / 1/0 21 1999 FEE SCHEDULE EQUIPMENT AND STAFF RATES Hourly Rate Equipment: Pick-up truck $ 22.00 One-ton dump truck 23.00 Single-axle dump truck 32.00 Tandem-axle dump truck 40.00 Tractor 15.00 Backhoe/loader 35.00 Front-end loader 60.00 Road grader 70.00 Street sweeper 41.00 Roller 20.00 Paver 20.00 Air compressor 15.00 Sewer jetter 130.00 Sewer rodder 130.00 Sewer vacuum-trailer 130.00 Sewer vacuum-truck 130.00 Groundsmaster mower 22.00 Pump, 6" 30.00 Pump, 8" 35.00 Skid loader 35.00 Chipper 15.00 Tanker 30.00 TV camera (1 hour minimum) 150.00 Staff rates: Department Directors 80.00 City Engineer 60.00 Maintenance Superintendent 60.00 Design Engineer 55.00 Park Planner 50.00 Maintenance Supervisor 50.00 Senior Planner 50.00 Public Works Coordinator 50.00 Water Quality Coordinator 50.00 Construction Supervisor 50.00 Operations Analyst 40.00 _44olest Planner 40.00 Technician 40.00 Maintenance Person-regular 23.00 Maintenance Person-overtime 31.00 Intern 20.00 Survey crew (includes vehicle and equipment): 2-person 70.00 3-person 90.00 rhea, . 0,00 �uU(d., T,*j j f cc�r �c7 Mob 22 1999 FEE SCHEDULE MISCELLANEOUS FEES/CHARGES Fee Animal pickup $ 15.00 Animal impound 4.00 per day over amount billed to City by animal pound Antenna—Radio and PCS: Application 500.00 per site Site survey 500.00 per site Document preparation and plan review 2,000.00 per site Landscaping actual costs escrow of$2,000 per site required Site rent, 1-9 antennas 1412.0 W per site per year Site rent, each additional antenna 131.00 per site per month Audio tapes—Board/Council meetings actual costs City Plans/Policies: Central Area Plan 3.00 Comp. Water Supply/Distribution Plan 50.00 Comp. Sanitary Sewer Policy/Plan 50.00 Comp. Storm Water Management Plan: Spiral bound 35.00 3-ring binder 50.00 Landscape Policy 3.00 Shoreland Zoning Ordinance 3.00 Sign Regulations 3.00 Tree Preservation Policy 3.00 Water Quality Management Plan 50.00 a c+ual Wi f Data processing reports + 10% False alarm charges—commercial and residential: First 3 false alarms per year no charge Each false alarm after 3 75.00 Fee schedule 2.00 Invoicing charge 15% to max. of$10.00 Lodging tax 3% of gross receipts Mailing labels + 10% I 7 23 1999 FEE SCHEDULE MISCELLANEOUS FEES/CHARGES (cont'd) Fee Maps: City map (Lion's Club): First one free Each additional $ 1.00 Section maps: Y2 section—property only 10.00 % section—property and planimetric 50.00 %2 section—property, planimetric, and contours 150.00 1/8 section—prop., planimetric and contours 40.00 Y2 section—aerial photo 6.00 '/ section—property only 5.00 Trunk storm sewer drainage map 2.50 Trunk water system map 2.50 Trunk sanitary sewer system map 2.50 Water quality classification map 5.00 Specialty maps -.5.60- Dsjc4 on sf*f f ra4f4 Zoning or Comp Guide maps: 11 x 17 color 5.00 22 x 34 color 15.00 34 x 48 color 25.00 GIS Utility As-Built (1/4 section-digital format) 40.00 Other digital data i�&SUC ft Sok* 04 Market analysis study 50.00 .LL) Notary seal: First 5 1.00 each Each additional > 5 .50 each Photocopies .25 per page Plans and Specifications 50.00 Research of City records (beyond readily 20.00 per hour available material) Returned check or ACH transfer fee 20.00 Sidewalk plowing 50.00 per lot per plowing Zoning 1eq S4-a� 4 �o.oa �e�444� 24 1999 FEE SCHEDULE SUMMARY OF CONNECTION CHARGES The following connection charges are provided for in the City Code. Some or all of them may be collected at the time of: 1) new development applications, 2) new connections to a utility system, 3) the issuance of building permits, and 4) enforcement of agreements; as appropriate in each individual circumstance. Fee Page Sewer Availability Charge (SAC) 8 & 12 Water Supply & Storage 8 & 12 Water Meter 8 & 15 Treatment Plant Charge 8 & 12 Plumbing Permits 9 Building Permits 11 Trunk Oversize Charges Sanitary Sewer 12 Water Main 12 Storm sewer 12 Lateral Charges Sanitary Sewer 12 Water Main 12 Storm Sewer 12 New Account Deposits Sanitary Sewer 13 Water 13 Sewer permit-new or repair of existing 14 Water permit-new or repair of existing 14 25 Agenda Information Memo December 6, 1999 Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT/PRELIMINARY PLANNED DEVELOPMENT/PRELIMINARY SUBDIVISION TOM GALLAGHER ACTION TO BE CONSIDERED: ➢ To approve a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of approximately 15.7 acres of land located south of Diffley Road between I-35E and Johnny Cake Ridge Road(within the northwest 1/4 of Section 28 and northeast '/4 of section 29) from D-I, Single Family Residential,D-III, Mixed Residential and RB,Roadside Business to NB,Neighborhood Business. ➢ To approve a Preliminary Planned Development to allow seven commercial lots upon approximately 15.7 acres of land located south of Diffley Road between I-35E and Johnny Cake Ridge Road(in the northwest 1/4 of Section 31) subject to the conditions in the APC meeting minutes. ➢ To approve a Preliminary Subdivision (Diffley Plaza)to allow the creation of a seven lot commercial subdivision located south of Diffley Road between I-35E and Johnny Cake Ridge Road(in the northwest '/4 of Section 31) subject to the conditions in the APC meeting minutes. FACTS: ➢ While the entire property under consideration is zoned RB,Roadside Business, only the western two-thirds of the property are guided for such use within the Comprehensive Guide Plan. Outlot A which comprises the eastern one-third of the property is presently guided D-III,Mixed Residential(6-12 units/acre). ➢ The draft Comprehensive Guide Plan Update(adopted by the City Council on 9/21/99) suggests a RC,Retail Commercial guide designation and a NB, Neighborhood Business zoning designation. ➢ The PD zoning designation has been requested as a means of providing some flexibility from the allowable uses of the NB,Neighborhood Business zoning district. Flexibility has been specifically requested in the allowance of a fast food restaurant and senior housing. ➢ The subject property is undeveloped. The site contains significant topography and mature vegetation that will influence the development of the property. The site is accessed from the north via Diffley Road and from the east via Johnny Cake Ridge Road. ➢ This item was originally considered at the September 28,1999 APC meeting but was continued(at the applicant's request)to allow the site plan to be modified to respond to various concerns conveyed by area residents and the APC. q—i�' ➢ At their regular meeting on November 23, 1999,the Advisory Planning Commission held a public hearing to consider the Comprehensive Guide Plan Amendment, Preliminary Planned Development and Preliminary Subdivision and recommended approval (on a split vote) subject to the conditions listed in the APC minutes. ISSUES: ➢ The APC specifically discussed the following items at the November 23, 1999 meeting. ➢ Lighting ➢ Setbacks from adjacent residential uses ➢ Building materials ➢ Traffic volumes ➢ Pedestrian access and circulation ➢ Restaurant(with full liquor) ➢ Building heights ➢ Land use acceptability(i.e. fast food restaurant) ➢ Maintenance ➢ Scale of the gas station ➢ In response to the aforementioned items,the APC suggested several changes to the conditions listed in the planning report. The changes entail the following: ➢ Condition B.2. Change Lot 3 use to specify a class I restaurant with"beer and wine"rather than"liquor". ➢ Condition B.2. Change Lot 5 use to a 3,000 square foot convenience gas station with no more than 8 gas pumps. ➢ Condition B.5. Change to specify that prior to Final Planned Development consideration, all buildings within the development shall be subject to site plan review by the APC. ➢ Condition B.8. Added to state that all trash enclosures shall be attached to principal structures. ➢ Condition B.9. Added to state that Lot 5 shall exhibit not less than 25%green space. ➢ Condition B.10.Added to state that an increased amount of buffering shall be provided between the subject site and residential properties to the south. ATTACHMENTS (5): Minutes of the November 23, 1999 APC meeting,pagesl�hrough L,5'0 Staff report,pages/hrough ,T44 Staff memo responding to ques�raised by Councilmember Blomquist,pages)15(hrough L Minutes of the September 28, 1999 APC meeting,pagesnghrough/Zo Applicant correspondence,pages IM through W Neighborhood correspondence(pages not numbered) 612 432 3780 SENT BY: 12- 2-99 ; 17:09 SEVERSON' SHELDON- 651 681 4694;# 3/11 Page 2 , "1 r,;•.I� Novvmba 23, 1999 ADVISORY PLANNING COMMISSION OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION TOM GALLAGHER Chair Heyl opened the meeting with old business regarding a Comprehensive Guide Plan Amendment amending the use of 15.7 acres from D-I1I Maxed Residential and RB (Roadside Business) to NB (Neighborhood Business), a Rezoning from RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Diffley Plaza) of the 15.7 acres to create seven lots, located on the southwest corner of Difllcy Road and Johnny Cake Ridge Road in the N W'/. of Section 28 and the NEIA of Section 29. Planner Kirmis introduced this item. Planner Kirmis highlighted the information presented in the City staffs planning report dated November 17, 1999. Mr_ Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property, Mr. Kirmis also provided the Members of the APC with copies of correspondence from neighbors in opposition of the proposed development. Mr. Kirmis noted that this matter had been continued at the applicant's request and highlighted the following changes to the proposed development: L Elimination of a fast food restaurant; 2. Elimination of sandwich shop and food store; 3. Relocation of sit-down restaurant; 4. Addition of two-story office building; 5. Addition of Senior Center; 6. Reduction in size of the retail strip mall. Mr. Kirmis noted that the applicant held a neighborhood meeting that was attended by approximately 15 neighbors_ The applicant, Thomas Gallagher spoke on behalf of the proposal_ Several members of the public spoke of concerns regarding the density of the development, traffic, safety of area children, zoning compatibility and lighting. A petition in opposition to the development was also submitted. At Chair Heyl's request, the developer responded to the areas of concern raised. The applicant stated that the density of the proposal was well under the maximum building coverage allowed in the NB zone. He opined that additional traffic will be not be generated because the types of uses proposed are not destination type uses but will serve the neighborhood and existing traffic and that most traffic in and out of the site will be via Dif>1ey Road. Chair Heyl commented that the APC and City Council has determined, as part of the Comprehensive Guide Pian Update, that a commercial use of the subject site was compatible with the area given its location at a freeway interchange. In response to a question by the APC, staff stated that of the proposed uses, the Class 11 restaurant and the senior housing were not provided for in the NB Zoning District. 612 432 3780 SENT BY: 12- 2-99 ; 17:10 ; SEVERSON SHELDON- 651 681 4694;# 4/11 Page 3 November 23, 1999 ADVISORY PLANNING C(-JNMSSION Further discussion occurred between the APC members. There was the following consensus: (1) the Class I restaurant be limited to beer/wine instead of Rill liquor; (2) the sale of the gas station be reduced to 3,000 s.f., eight pumps and a minimum green area of 25%; (3) all buildings would be subject to Site Plan review by the APC; and (4) additional buffering be provided between the site and the residential property to the south. It was noted that the design of the development limited activity between the development and the residential property to the south. Chair Heyl closed the public hearing. Member Frank moved, Member Segal seconded a motion to recoiTunend approval of the comprehensive Guide Plan Amendment amending the use of 15.7 acres from D-III Mixed Residential and RB (Roadside Business)to NB (Neighborhood Business). All voted in favor. Member Frank moved, Member Segal seconded a motion to recommend approval of a Rezoning from RB (Roadside Business) to PD (Planned Development), with the following amended conditions: 1. The City shall approve the Diflley Plaza preliminary subdivision and the developer shall satisfy all the conditions attached thereto. 2. The:Preliminary Planned Development shall approve the following uses on site: LOT USk; _ 1 27,200 square foot retail shopping center (with an additional 2,000 square feet of upper level offices ace)* 2 32,036 square foot office building (2 stories) 3 7,200 square foot restaurant (class I) with beer and wine 4 5,040 square foot"fast food" restaurant (class 11 5 3,000 square fool convenience gas station with a maximum of eight pumps and a requirement that 25% of Lot 5 must be Ween space 6 10,000 square foot da care center Kindcrberc 7 20,831 square foot senior housing 40 units and 2 stories *Does not include a restaurant 3. The developer shall enter into a Preliminary Planned Development Agreement with the City in accordance with Section 11.40 Subd. 6 of the City Code prior to the Final Planned Development application. 1 � � 612 432 3780 SENT BY: 12- 2-99 : 17=10 SEVERSON SHELDON- 651 681 4694:# 5/11 Page 4 r- _ November 23, 1999 ADVISORY PLANNrNG CU MSSION 4. The term of the Planned Development shall be 10 years from the date of City Council approval. S. Prior to Council consideration on any Final Planned Development, the following plans shall be submitted which reflect the revised development plan.- Final lan:Final Subdivision Y Final Site Play (site plans for each parcel must be brought before the APC for approval) Y Final Lighting Plan Y Final Utility Plan i- Final Grading, Drainage& Erosion Control Plan i= Final f.andscaping Plan y Final Signage Plan Y Final Building Elevations 6- All buildings within the development shall exhibit similar exterior finish materials. 7. The following sign related conditions shall be satisfied: A. No more than one freestanding, pylon sign shall be allowed to advertise the complex. The location and dimensions of such sign shall be in accordance with the City Sign Code. B. Each structure within the development shall be allowed one monument sign in accordance with the City Sign Code. All monument signs within the development shall be constructed of similar materials and be of a similar design. C. All wall signage shall be of similar design (i-c. channel letters) and in accordance with the City Sign Code. 8. There shall be no detached trash containers in the retail shopping center. 9. There shall be additional screening and fencing behind the retail shopping center. Four voted in favor, except Members Tilley, Anderson and NCUer opposed. Member Anderson moved, Member Tilley seconded an amendment to the motion to eliminate Lot 4 (5,040 square foot "fast food" restaurant). The amendment to the motion failed. Two voted in favor and five against (Member Anderson and Tilley were in favor, all other Members opposed). 612 432 3780 SENT BY: 12- 2-99 17:11 SEVERSON SHELDON 651 681 4694;# 6/11 Page 5 N(3v=nber 23, 1999 r - ADVISORY PLANN[NG COMMISSION r �� Member Frank moved, Member Segal seconded a motion to recommend approval of a Prelin,dnary Subdivision (Difjfley Plaza) of the 15.7 acres to create seven lots, located on the southwest corner of Dif1•ley Road and Johnny Cake Ridge Road in the NW'/a of Section 28 and the NE'/< of Section 29, subject to the following conditions: L ne subject property shall be platted. 2 The developer shall comply with these standards conditions of plat approval as, adopted by Council on February 3, 1903: B1, B2, B3, B4, C1, C2, C4, D1, E1 3. Cross easements providing for the internal vehicle circulation within the development shall be prepared for review and approval by the City Attorney prior to final Subdivision approval. 4. The developer shall be responsible permit approval from Dakota County for the proposed access onto 1)itl`ley Road, 5. The development's pond shall have a minimum wet-storage volume of 2.15 acre- feet, surface area of 0.56 acres, and average depth of 3.87 feet. The pond shall incorporate a 10- foot wide aquatic bench extending from the normal water level (NWL) to one foot below the NWL. The side slopes of the pond below the aquatic bench shall be at a 3:1 slope to a maximum depth of 10 feet. The skimmer of the outlet structure shall be constructed in accordance with the design standards of the City. All voted in favor, except Members Tilley and Anderson opposed. /s-a PLANNING REPORT CITY OF EAGAN REPORT DATE: November 17, 1999 CASE: 28-CG-06-08-99 28-RZ-12-08-99 28-PS-19-08-99 APPLICANT: Tom Gallagher HEARING DATE: November 23, 1999 PROPERTY OWNERS: PREPARED BY: Bob Kirmis Sandra Dawson and Jane Astleford REQUEST: Comprehensive Guide Plan Amendment,Preliminary Subdivision and Preliminary Planned Development LOCATION: (NW 1/4 of section 28 and NE 1/4 of section 29) COMPREHENSIVE PLAN: RB, Roadside Business,D-III, Mixed Residential (6-12 units/acre) and D-I ZONING: RB, Roadside Business SUMMARY OF REQUEST Mr. Tom Gallagher is requesting Preliminary Subdivision approval to allow the creation of a seven lot retail commercial subdivision entitled"Diffley Plaza". The proposed subdivision overlays 15.7 acres of land located south of Diffley Road between I-35E and Johnny Cake Ridge Road in the northwest 1/4 of Section 28 and northeast 1/4 of section 29. In conjunction with the preliminary subdivision,the following approvals are also necessary: ➢ A Comprehensive Guide Plan Amendment changing the suggested use of the subject property from D-I, Single Family Residential,D-III,Mixed Residential and RB,Roadside Business to NB,Neighborhood Business. ➢ A Preliminary Planned Development(rezoning of the property from RB,Roadside Business to PD, Planned Development). Z�r Planning Report—Tom Gallagher November 23, 1999 Page 2 AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The City's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute,the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Subdivision: City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. Planning Report—Tom Gallagher November 23, 1999 Page 3 H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the"Water Quality Management Plan". Said document and all of the notations,references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: Chapter 11.20, Subd. 8,B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does ,development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject property is currently comprised of four parcels of land, three of which are unplatted. Outlot A of Mallard Park 4`b Addition which overlays the eastern one third of the site was platted in September of 1995 as part of the adjacent single family residential subdivision. While the entire property under consideration is zoned RB, Roadside Business, only the western two-thirds 1 Sri Planning Report—Tom Gallagher November 23, 1999 Page 4 of the property are guided for such use within the Comprehensive Guide Plan. Outlot A which comprises the eastern one-third of the property is presently guided D-III,Mixed Residential (6- 12 units/acre). The draft Comprehensive Guide Plan Update(adopted by the City Council on 9/21/99) suggests a RC,Retail Commercial guide designation and a NB,Neighborhood Business zoning designation. This item was originally considered at the September 28,1999 APC meeting but was continued (at the applicant's request)to allow the site plan to be modified to respond to various concerns conveyed by area residents and the APC. Specific concerns cited by area residents and the September APC meeting included the following: ➢ Traffic volumes ➢ Noise ➢ Restaurant related odors ➢ Signage ➢ Lighting ➢ Property value impacts ➢ Existing retail vacancy rates within the City of Eagan ➢ Scale/intensity of development ➢ Screening along the southern edge of the site Specific issues cited by the APC at the September meeting included the following: ➢ The integration of offices uses ➢ Restaurant proximity to area residences ➢ Existing retail vacancy rates within the City of Eagan ➢ Separation distance from neighboring residential uses ➢ Architectural treatments (i.e. the gas station) EXISTING CONDITIONS The subject property is undeveloped. The site contains significant topography and mature vegetation that will influence the development of the property. The site is accessed from the north via Diffley Road and from the east via Johnny Cake Ridge Road. No wetlands exist on the site. Planning Report—Tom Gallagher November 23, 1999 Page 5 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential(Oakbrooke); zoned PD, guided D-II South - Single Family Residential; zoned R-1, guided R-1 East- Undeveloped; zoned R-1, guided D-II West- I-35E EVALUATION OF REQUEST Comprehensive Guide Plan Amendment As noted previously,the applicant has requested a Comprehensive Guide Plan Amendment to change the suggested use of the subject property from D-III, Mixed Residential and RB, Roadside Business to NB,Neighborhood Business. Generally speaking, the proposed NB Guide Plan designation is considered less intensive than the present RB, designation. The draft Comprehensive Guide Plan(currently being reviewed by the Met Council) suggests RC,Retail Commercial use of the subject property. According to the draft plan,the Retail Commercial land use category provides areas for a variety of retail related uses. Shopping Centers, supermarkets, drugstores, department stores, convenience center/gas stations, restaurants, hotels and other businesses offering goods and services are examples of uses allowed in the category. The draft Comprehensive Guide Plan Update suggests that the subject property be zoned NB, Neighborhood Business. According to the City Code,the Neighborhood Business zone is intended to provide small business areas located in the center of a residential neighborhood which serve the daily retail needs of adjoining residents. Planned Development Zoning-As previously mentioned,the applicant is proposing to rezone the subject property from a RB, Roadside Business to a PD,Planned Development zoning designation. The PD zoning designation has been requested as a means of providing some flexibility from the City's performance standards and the allowable uses of the NB,Neighborhood Business zoning district. Planning Report—Tom Gallagher November 23, 1999 Page 6 Flexibility has been specifically requested in the following areas: ➢ The creation of a lot without public street frontage ➢ The allowance of uses (fast food restaurant, a gas station and senior housing)not listed in the NB,Neighborhood Business zoning district. ➢ The allowance of detached trash receptacles associated with a commercial use. ➢ The allowance of a building that exceeds the height requirement of the NB zone. Compatibility with Surrounding Area-The subject site is bounded on the north and south by single family residential uses, on the east by undeveloped land zoned for single family residential use and on the west by the I-35E right-of-way. Considering that some of the proposed uses (i.e. fast food restaurant and gas station) are not listed uses within the NB zoning district suggested by the draft Comprehensive Plan Update, some compatibility concerns may exist. A determination as to the acceptability of the proposed uses is however, considered a policy matter to be determined by City Officials. Site Plan - The revised development proposal consists of seven lots and includes the following components: LOT USE 1 27,200 square foot retail shopping center(with an additional 2,000 square feet of upper level office space)* 2 32,036 square foot office building(2 stories) 3 7,200 square foot restaurant(class I)with liquor 4 5,040 square foot"fast food"restaurant(class II) 5 4,835 square foot convenience gas station 6 10,000 square foot daycare center(Kinderberry) 7 20,831 square foot senior housing(40 units and 2 stories) * Does not include a restaurant The site is accessed from the north via Diffley Road(right-in and right-out only) and from two points along Johnny Cake Ridge Road, (a right-in only and a full intersection). The layout of the development and circulation pattern appear well conceived and respond well to various site design parameters including access,ponding locations and surrounding land uses. Phasing- a phasing plan for the revised proposal has not been provided. Off-street parking-Including proof of parking illustrated in the extreme southwest corner of the site, off-street parking supply requirements have been satisfied. For retail commercial uses, an off-street parking requirement of one space for each 150 square feet of gross floor area is required. Additionally, all proposed stalls have been found to meet minimum dimensional requirements for retail commercial uses. �v Planning Report—Tom Gallagher November 23, 1999 Page 7 Both the proposed office building and senior housing facility provide some underground parking. Building Height- The PD zoning district does not establish a maximum height requirement. To date, only building elevations of the retail strip center have been submitted. The majority of the center is to measure 28 feet in height while the two story office elements measure 34'-10" in height. While the nature of the PD does provide for height flexibility, it should be noted that the NB zoning designation(the designation proposed within the Comprehensive Guide Plan Update) imposes a maximum height requirement of 20 feet. Building Materials -Again,building elevations and finish material specifications have been provided only for the proposed retail strip center. The structure is to be finished in a combination of glass, decorative masonry veneer and EFIS (exterior finish insulating system). The center's roof is to be finished in pre-finished standing seam metal (color not specified). As part of the Final Planned Development and building permit process,the submission of detailed development plans for all other site uses will be required. The advantage of a Planned Development from the City's perspective is that special performance standards,beyond those typically applied,may be imposed. As a condition of Planned Development approval,buildings within the development should exhibit a similar architectural style and building materials. Building Coverage-A building coverage of 18.8 percent has been proposed. This is consistent with the maximum 20 percent coverage allowance specified in the comparative NB zoning district. Site Lighting-Two types of freestanding light fixtures have been proposed on site. Decorative fixtures measuring 16 feet in height have been proposed along the developments interior private street while 30 foot high fixtures have been proposed within off-street parking areas. As a condition of planned development approval, light fixtures must be directed such that the source is not visible from adjacent rights-of-way or residential properties. Trash-Within commercial zoning districts,the City Code requires that trash enclosures be attached to the principal building. As previously indicated,the applicant is proposing to erect trash enclosures that are detached from the proposed strip center. Specifically,the enclosures would be located along the southern boundary of the subject property. It is the applicant's belief that the proposed detached enclosures will be less intrusive to neighboring residents than would attached enclosures as they will not be visible from residential properties to the south. Trash enclosure details for other site uses have not been specified. Landscaping-A landscaping plan for the revised development proposal has not been submitted. As a condition of Preliminary Planned Development approval, a landscape plan must be submitted which meets applicable requirements of the City Code. Planning Report—Tom Gallagher November 23, 1999 Page 9 ➢ Setbacks of commercial uses from neighboring single family homes ➢ Height of the senior housing facility(2 stories) ➢ Signage ➢ Traffic on Johnny Cake Ridge Road ➢ The possibility of the Class I restaurant serving alcohol Preliminary Subdivision Lots -It should be noted that the lots accommodating the retail shopping center and office building are not provided public street frontage. The creation of lots that are not afforded public street frontage can however,be accommodated via the Planned Development. Details related to the proposed private street will be addressed in a later section of this report. Grading-The preliminary grading plan is acceptable. The existing site generally slopes to the north. The plan should however be revised to depict building and parking layouts of the revised development proposal. Storm Drainage-The preliminary storm drainage plan is acceptable. Existing storm sewer is available for connection along Diffley Road at the north edge of the site. Again, the plan should however be revised to depict building and parking layouts of the revised development proposal. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are readily available for connection by the development from Johnny Cake Ridge Road. The water main will also be looped to connect with an existing water main stub between Lots 32 and 33, Lot 1 Mallard Park 4'Addition from the south. As a condition of Preliminary Planned Development and final subdivision approval,the utility plan should be revised to depict building and parking layouts of the revised development proposal. Streets/Access/Circulation-Johnny Cake Ridge Road along the east edge of the site is a collector roadway reconstructed to four lanes with center median in 1989. Diffley Road(Dakota County Road No. 30) is a four-lane minor arterial roadway with a raised median reconstructed in 1990. A traffic control signal is scheduled for construction at this intersection in 2000 in the City's current Capital Improvement Program(2000-2004) as a joint project between the City and Dakota County. However,Dakota County will not schedule the signal in their Capitol Improvement Program until actual traffic volumes from the north leg of Johnny Cake Ridge Road within the Oakbrooke development warrant signalization of the intersection. Public street access for the entire development site is proposed at three locations; one from a right-in/right-out private drive onto Diffley Road and two private drives onto Johnny Cake Ridge Road. The northerly access from Johnny Cake Ridge Road will be a right-in only entrance �U Planning Report—Tom Gallagher November 23, 1999 Page 10 while the southerly access will allow full vehicle turning movements at an existing center median opening. Internal vehicle circulation is proposed via private streets within the development. Cross easements providing for this circulation should be prepared for review and approval by the City Attorney prior to final subdivision approval. Easements/Permits/Right-of-Way-The developer should be responsible permit approval from Dakota County for the proposed access onto Diffley Road. Water Oualitv/Wetlands- This 15.5-acre development will generate runoff that will eventually reach one of the city's Class I lakes, Blackhawk Lake, after being routed through a series of existing storm water basins and nutrient traps. Because of the size of this development, on-site ponding to treat all of the runoff before exiting the site is recommended. Such a treatment pond is recommended to be located just west of the proposed Diffley Road entrance. Staff recommends all on-site storm water to enter the southwest corner of the pond and to exit the northeast corner of the pond. Taking into account the size of the proposed development and its percent impervious surface, staff recommends a pond with the following minimum dimensions: wet-storage volume of 2.15 acre-feet, surface area of 0.56 acres, and average depth of 3.87 feet. The pond should incorporate a 10-foot wide aquatic bench extending from the normal water level(NWL)to one foot below the NWL, and the side slopes below the aquatic bench should be at a 3:1 slope to a maximum depth of 10 feet. There are no jurisdictional wetlands associated with this development. Tree Preservation- There are no significant trees upon the subject property and thus no tree preservation issues associated with this development request. Parks - Cash park and trail dedication will be required for the development. For 1999, a cash park dedication fee of$3,376 per net acre is required while a dedication of$920 per net acre is required for trailway dedication. Park and trail fees will be collected on a per lot basis at the time of building permit. Airport Noise Considerations -The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION The proposed seven lot commercial subdivision appears compatible with existing and anticipated uses in the area. The applicant has attempted to address issues raised by the neighbors at the Planning Report—Tom Gallagher November 23, 1999 Page 11 informational meetings and the public hearing held in September. Changes from the original plan include: ➢ The elimination the fast food restaurant(along Johnny Cake Ridge Road), sandwich shop (within the retail strip center) and food store ➢ The relocation of the sit-down restaurant from within the retail strip center to a location adjacent to Diffley Road ➢ The addition of a two story office building and 40 unit senior center ➢ The relocation of the day care center approximately 200 feet to the north ACTION TO BE CONSIDERED A. To recommend approval of a Comprehensive Guide Plan Amendment changing the existing land use designation of a 15.7 acres of land located south of Diffley Road between I- 35E and Johnny Cake Ridge Road(in the northwest '/4 of Section 31) from D-I, Single Family, D-III, Mixed Residential and RB,Roadside Business to NB,Neighborhood Business. B. To recommend approval a Preliminary Planned Development to allow seven commercial lots upon approximately 15.7 acres of land located south of Diffley Road between 1-35E and Johnny Cake Ridge Road (in the northwest '/4 of Section 31) If approved, the following conditions should apply: 1. The City shall the Diffley Plaza preliminary subdivision and the developer shall satisfy all the conditions attached thereto. 2. The Preliminary Planned Development shall approve the following uses on site: LOT USE 1 27,200 square foot retail shopping center(with an additional 2,000 square feet of upper level office space)* 2 32,036 square foot office building(2 stories) 3 7,200 square foot restaurant(class I)with liquor 4 5,040 square foot"fast food"restaurant(class II) 5 4,835 square foot convenience gas station 6 10,000 square foot daycare center(Kinderberry) 7 20,831 square foot senior housing(40 units and 2 stories) *Does not include a restaurant 16V Planning Report—Tom Gallagher November 23, 1999 Page 12 3. The developer shall enter into a Preliminary Planned Development Agreement with the City in accordance with Section 11.40 Subd. 6 of the City Code prior to the Final Planned Development application. 4. The term of the Planned Development shall be 10 years from the date of City Council approval. 5. Prior to Council consideration on any Final Planned Development, the following plans shall be submitted which reflect the revised development plan: ➢ Final Subdivision ➢ Final Site Plan ➢ Final Lighting Plan ➢ Final Utility Plan ➢ Final Grading,Drainage &Erosion Control Plan ➢ Final Landscaping Plan ➢ Final Signage Plan ➢ Final Building Elevations 6. All buildings within the development shall exhibit similar exterior finish materials. 7. The following sign related conditions shall be satisfied: A. No more than one freestanding,pylon sign shall be allowed to advertise the complex. The location and dimensions of such sign shall be in accordance with the City Sign Code. B. Each structure within the development shall be allowed one monument sign in accordance with the City Sign Code. All monument signs within the development shall be constructed of similar materials and be of a similar design. C. All wall signage shall be of similar design(i.e. channel letters) and in accordance with the City Sign Code. C. To recommend approval of a Preliminary Subdivision (Diffley Plaza) to allow the creation of a seven lot commercial subdivision located south of Diffley Road between I-35E and Johnny Cake Ridge Road(in the northwest '/4 of Section 31) If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: /6/ Planning Report—Tom Gallagher November 23, 1999 Page 13 B1, 2, 3, 4 Cl, 2, 4 D1 E1 2. Cross easements providing for the internal vehicle circulation within the development shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 3. The developer shall be responsible permit approval from Dakota County for the proposed access onto Diffley Road. 4. The development's pond shall have a minimum wet-storage volume of 2.15 acre-feet, surface area of 0.56 acres, and average depth of 3.87 feet. The pond shall incorporate a 10-foot wide aquatic bench extending from the normal water level (NWL)to one foot below the NWL. The side slopes of the pond below the aquatic bench shall be at a 3:1 slope to a maximum depth of 10 feet. The skimmer of the outlet structure shall be constructed in accordance with the design standards of the City. STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat- as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. &3 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS95 STANDARD.CON // FINANCIAL OBLIGATION DIFFLEY PLAZA There are pay-off balances of special assessments totaling $17,035 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 parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral C/I $27.85/F.F 817 F.F $22,753 Trunk Storm Sewer C/I $.126/Sq. Ft. 674,946Sq. Ft. (1)85,043 TOTAL $105,850 (1)Adjustment will be made when area of easement for the storm water pond is provided. lbs" at• Eagan boundary treat C*ntedine Lomfion Map Building Footprint jua09M13 LA / �+ ..cep ■ vrN of 'Lon LZ 0 llamaV �C'YE lQ Q_ a CCC4 ;rl u raa at+ R> > 9 ` ► n ori � slimming I WAR Wine aa.a as �,,� ` ♦ a a� � � InKOM LIM WIN 03 u ru, a. L� r ;;j v i i a i;J ■� ri r■ ILI LMINES t l .-1 r� rte`�♦��,� ,��lr•. �� 1{ w 7 �r Lr `v ta`� rJ r J ri. Q � ♦ � •7 cry od■C.�a ����;�� �� � �� d���_J�� 0 1��s��'> r� �� �" � X11► �.��`' 000�� ... . ... ... Devel . . Diffley Plaza Application: Subdivision; Current Zonin 9 and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 28-CG-06-08-99 28-RZ-12-08-99, 28-PS-19-08-99 uun 107 f lite Current Zoning: �i�■ ��►, ������ RB Roadside Business NVA IRA low I■ _,��� -4 11:4 1 Ll - . - IIT .� ''••. fit � sM Q c — F rn i-- -- O �-----s a - - - ------------- -- 3ooe w MWD • 1 O w �___ O --?'f '" � ----- ------- z w _ w v, —, ; v ''pkn z , v if w ` z qo 00 4 °� *t�b O ./ j ' �> � O w al iult, l_, �%� .iY �. �' • \ pKirrY tiakric��t CYC e} 1 If;;l '� •t:.�� � rr z j �= CY?ri tYYYgYYYYY �5�� ti f� nig s- :$.. I -:> a ! a Y i S t l F e.� RD �+ W ` g k G Y I Mlu •!• ET r rr .JLL O ���\��\ ; � ; I e r t • a� QnwuJp < � a } g 0ti 1 : � _ s w C7 m t.. 4M1 Arrf j oy 4, 3, �6� PREVIOUS SITE PLAN rA 4— —z g Trif I • • {Ai. 1 / VJ ��1�� � �� 1 en ,----------- r-CD o lip CL lz tn t'. 4 ' 4 t --I 111I-W. • I `0 .� i Q Q C>ac� as � I U & Z O N Q >:cc�Bga crracaoat 8cr O Q w cr>w) o 1 • r r'rrrrg C �"• a'.9 QOLjZ 21 r «i paSsi ass `� y Lu N�Jgw' o s j g�alk g s ° `G w (n°Z rr •r• i ? r r r a5�r O o 4-5Qcc w ONm en Li- stLL I W gp > L ion t1 pips REVISED SITE PLAN RE�;IF',��.'ED SEP ,2 9 1999 BY:_ -_--_-- September 27, 1999 City of Eagan Advisory Planning Commission Members Carla Heyl, Greg Steininger, Gary Huusko, Gale Anderson, Larry Frank, Jerry Segal, Meg Tilley, Ron Miller Dear Commissioners, We have just learned that the large parcel of vacant bordered by I-35E, Diffley Rd, Johnny Cake Ridge Road, and our neighborhood Mallard Pond, had been posted for development hearings. While we don't live in the tiny, defined radius for notification of this planned development, I do live within two miles of it. We, and our neighbors, are strongly opposed to additional commercial development along the Diffley Road corridor. There is a significant amount of traffic on Diffley already, and talking among my neighbors reveals tremendous opposition to increasing that traffic. We don't want Diffley to become another Cliff Road. malls already in our vicinity, with a Further, there are plenty of strip y ty number of vacant retail spaces in those malls. We request that the Planning Commission vote to deny the application and proposal on this matter at your September 28th meeting. Finally, I thank you for your consideration of this letter and implore you to vote to recommend to the City Council that they deny this application. I look forward to seeing you all September 28th. Sincerely, Barbara and Stephen L. Charlton 4392 Onyx Drive x Eagan, MN 55122 l NEIGHBORHOOD CORRESPONDENCE 6123468632 Sent By: Dun 8 Bradstret; 8123488832; Sep-27-99 10:01AM; Page 2/3 September 23, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Caen,MN 55122 Re.Difficy Placa proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Amada, City Council Members And Advisory Planning Commission: We are Eagan residents who live m the Mallard ponds ridghborhood,which backs up to the proposed Diflley Plena development.We have been notified that the proposal includes a gas station, 2 fast food rCsUwanM sit down restamuant,food store,strip mall,and a daycare center.We feel that vast mail business packed into a small area(-15 acres)is unnecessary and undesirablc. We adamantly appose such a development and we requc st your conaidc ration of an alternate proposal for the use of this land Reasons shy we oppose the proposed DiMey Plea Development include the following ♦ Traffic—We are coaccrned about the safety of our children,oundvc s and our neighbors while crossing Johnny Calx Ridge to attend Oak Ridge Elementary School,play at tht city park(Dawning Perk),or use the bn7oe trails,ctc. • Noise—Surety the noise level will increase.We have already bean affected by increased air traffic noise this summer with low flying airplanes directly over our neighborhood. Air traffic noise will be a permanent problem for us in 2003 when the N/S runway is complete. • Ppttution/Smel_ls—The restautaats will produce iv smells that wilt drill into our neighborhood ♦ K vironmentsl Concerns—Endangering the Wetlands. ♦ Dm„eascd Home Praxrty Values Decreased Ottaut.of Lire ♦ Diminished bewty and appeal of Neighborhood • Ambient I ght Problems ♦ Economic CatiolbaCvat.oa—The ncatby existing commercial dicvelopments(Digley Square, Cliff Lake Center.Thomas Lake Center.etc.)arc under capacity even in good economic tunes. Ijus de-nsc retail business docs not seem to fit in with the rodent coned chwgm around this arta.The new Pulte Ockbrooke single family homes are going in across DiMeY and the parcels on the SE corner of 6123468632 Sent By: Dun b Bradstret; 8123488832; Sep-27-99 10:02AM; Page 3/3 No other Johnny Cala Ridge and D Tey were remedy rezoned fee single family homes(R ). naighbortxood in Eapn ix directly abutting such a vasa dMse Texan aaea- pt�,g Cosurnaaion to reject the proposal for the DMcY Plays development an the the laud to Sin&Family Homes(R-1)• We feet this altermtive will and consider a Proposal for rvoning beep our neighborhood cohesive and aest>scticatt Y pleasing m live in. Regards, 00-L Joc and Colleen Wagner 4277 Pintail Court Eapn MN 55 122 (651)x05-0905 7� �J City of Eagan 3830 Pilot knob Road Eagan, MN. 55122 City Council and Planning Commission: I have recently purchased a Pulte home on Diffley and 35E in the new development of Oakbrooke. I understand that there may be a strip mall development going in on Diffley Just to the south of the Oakbrooke community. I am writing to express my concerns and objections to the proposed project in this area. I do not feel that another strip mall in Eagan in this location is at all necessary. I assumed a commercial business park or even rezoning to residential was an appropriate response to the needs of this area. I can pick up 35£ and drive just four minutes to Yankee Doodle and have all my shopping and restaurant needs more than satisfied. I would like my opinion along with other homeowners in the area to be seriously considered when your final decisions are made. Thank you for your time. Sincerely, Kathee Sheldon 315 Grove Place Edina, Mn. 612-938-0630 l /3 UU1 5 ;559 �C oma �� y Kul Now I ��iO MON•*�fifiN•N•fifi i�i�.�J••Ai�•�•••'tTrf~t•t��f-•�1'�-fAti��'' ♦f�i i�i!f f'f'f'0-i r'�f-•-•- • �f,40"o,ffffffff1�•ffffffffff•�•Afff•1►fff•�►f •'•••u•-�•f!�fffffffff 1 ' • ►♦•♦��•mw•••••••ONill •••♦•AI•••�•••••••••••••�A•••••a� �•••• s••••••••1•••••••••••}••L1•♦•f�r•f��•.��f�A•f•b •Jff�Sffff�Jffffffffjfffjfffj�ffffffffAfffffffftJffftAi��fff���••fff•'��`•-•ff••@�fffft`f�•1� 1•• ••4f•••••••t•••r•f••••••4a►1)If•fAf••�•�f•f•�. ♦•• fi ►►•ff/•fI1 if f f f f f f f•,►f f f f�►fffifffffffffff•�@l4a �.�i-@GifiAiG• •AiGif�1�••Q3� ► ,.ffi ff ff ff ff ff ff ff ff ft^f ff ff fr9fff ff ff ffffffJr�tf1►•f�►•�Efffffffff1+•*f�fffj ,y ►`f'f�i fr ff ff ff ff ff ff ff ff ff ft�f ff ff ff9f ff fAfft+fAfAfAf•I/frfN►Af�►�rf�f�f�f�f�fA•f•��ifAAA•�►►` �A gu'lfsr11fffff/�fffffffft ffffjjfyff*fff•�•ffff•NffY�►f•�►f�►f-f-3-f-�t� •t•FA�f►� �ff�• �ffffffffffff•F•fffEfff@•fffffff•Y•��Lffo��t:NOffOf•'•En-O-l-t'f!-!f�ffj �d�•f f f f f f f f f f f tV•••••••f•••••••••••f•f�f•f•f�•f�•f�•ff�t•f�t��fffffts�fl•f�fff•ff�•f�•ff�t.Ae�•f���f' ff� f �f •0fj�ff►ff f• ijOEMo1 IM-Me �•••o•Q • O• •i►►►AAf•ff�f♦r'►f�f�ffff•ff•f�f�f•if• •f�.;�•�•�. - i!•�i�i�i�i�i�i�iriai�i�i�i�i�i�i�i�t•�i'•�i�i�i�i�i�i�i�i�i`�►jtiAff•��f`fft►f�E�•tyf f��!•ffffl ►►f••rff•tfqN•}f�N•^if•T?•f•*�•A•*�•N�•til►•�.•A•f,••••,f�•'f�t��� ••if•f ••••�f•Gf•ifAff�y�►►•ff��.•A.�f�y•uff•fff•fff♦ff••fAf•�•Oi•fir4 i••••••• • •O�• G �••f F-2-1 LJffiiff •fWiA•ft•f�f�f•moffiff•ff•ff�♦� ►!•tfrflfrfrrrflff4if�f AffAfff�"Clffffffffffffffffffff•sem►ffiaufififififiififififififififi�� •►ffff•••f•❖•❖•❖'if�i r ffifififififffifffffff•Ij►•~ifYfffffffffffaftfOffffY� ��Gf•If�G•ftf♦f1�f�•�•�1�•�I�f�•�•�•�•�•�t+f•A�f�1•��i�i��0i�vt+a'►�wi•�fiff�f������•i���f�Y�1'►1 iii "IW f f fAf@f f7i��•f i4 v7�•�►•f f•�'• •�f f f f•N•fAf f•�� 's►�•f•�•f•• V f•ff f•f•ft�R yJf f�fY ff f•ffff fffffffffffMf•Offff/� • ►u••••••••••••••••••••••t��►��ffffffffffffffff•Nffuff•1i N•••♦♦•••••••u••••••••••••••••••O••• vo- 1'f•�f�•�•�•�•�•�t+�•�•�•���►�ff�f����•fffffffffffffffNff'�fffft •4fffffffffff•'��►��•�•�•�•�•���ff�����f����f���fffN��Jfff�r� ► ••• •••••�•�;t•••••••••••••••••Y♦1•r j�-4jr • u04CjN0j-140404�f�jai�������•�•�•�•���•�•�•�•�•�•�•�•�•Nf�iC�ff rt .,►�����������������������►t����������•�•�f�rffffffffYf•4O�ffr� ►••@••♦••••�►•A•••••••••�••••••u•••r jlffffffffff•���•D•ffffffffI'MM fffffu••Jff•At ►►••••••••••Av•••••� f•••••••••��•ffff���fffffufJff•At ►:,N�•-•�f••��w•ffffff•fff•f�ffff�•j•►►►AAff•0f•fff-•fO•ff�•fff•ff•ff•• g. f.fff � ♦fi � ffffffff S41160. OR •f 1f 'r-WM •ff••ff••ff•f•f••f•fffff"•fI►•f•f••f•f•ff•f•fM'A►ttt�+t�JJJr•.f••fff•f•fAAA�tt� .. fffffffffffffffffffffffe� ►Affffff••fffffff�••ffrlt►ff•At�ffff@fffffff�;►A•f••••••••••••••••••••••••�+•fff4t��ffffA. • •f f f f f f f@f f f f�►Af f f f f f f f f f f••f••�f•••••J`'�tt�••46 j f���'����•�•�•� 0. lo,fffffff••fffffff:fff•�►f1!ff•4� jf14 WNW fffGfAffAfffffffj►•fA•ffffffffffffA@•fff•O•I�fff•A� J-lt-lf.C•aa1AAA�►J• WMA,•r•f••••�►••••►1f C►ffffft►ffffffffffffffffff`�fffffffffffffff•A•ff•Ifff►•ffA ♦••••♦••••A••••.•••••••••••••Jt•••A ♦•••♦••••4�.►•••�••••••••••••1••••� •f f f•If f f••f i��f4t1ffff ff•Qf f ff1•f f f f f fff-Illi• /�•f••1 r a►•f•••••4•••• •r•• ♦ ♦••••f••••1�•••.� •ffff•ff•'�ffff�f1��������fA-aTfufj���j�j�j���f���j►�1 j���j'�► fjfffjfffff%yffffffff�►ffffff�Jfff1ffffffj►fr�ff1`�► fffffy'1ffffffff���f�f�������f�������f�•�f�•�jfC�•f•tfff�j'�► ►fff�J`ffffffff/afffffffff••C4f�Wf'•Afif}3,x••1►► ►•f fvfffffffffffffffff••fff1•�t0G". ff+ff•fj�► ►fo�•••••••••••••••••••t off@ffffffff•J�:i►'faffff1�► t�J••fffffffffff•/9ffjffjfffffff•JJffff� f ••• • fffff1�► •••••••••• •• ••j ••ffffff•••••♦ ••••••1 �ffffffffffffffffff `A•fffff1,�► ffffffjfjfjfffffffffffffffffffffffff•�fii••••f•••17► •fffffffffffffffff�fffffffffff•'•'►fff•11 • . ♦•••••••••••••.•••••••••••�1••1••► fffffffffffffffffffffffffffftft�► • `'�.�a�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i''i► ••• ��•�r��i�i�i�i�i�i�i�i�i�i�i�i�i�i�i��t i - ♦•• f f�f�f���Y� •❖:•ut Yt. MEMO city of eagan TO: Tom Hedges, City Administrator FROM: Mike Ridley, Senior Planner DATE: December 3, 1999 SUBJECT: Councilmember Blomquist—Diffley Plaza In response to questions raised by Councilmember Blomquist, the following information will serve as a summary of the application history of Diffley Plaza. As you are aware, the request is for a Comprehensive Guide Plan Amendment, Rezoning, and Preliminary Subdivision. The entire 15.7 acre site is currently zoned Roadside Business (RB). Approximately 2/3 of the site is also guided RB and the easterly 1/3 is guided D-III Mixed Residential (6-12 u/ac). The site was reviewed as part of the Comprehensive Guide Plan Update and both the APC and Council determined, given the proximity of the site (at a freeway interchange), a commercial use of the site was appropriate. The Comprehensive Guide Plan submitted to the Metropolitan Council calls for the designation of the site to be changed to Retail Commercial (RC) and a corresponding zoning designation of Neighborhood Business (NB). Agency Action Timing Issues The applications were submitted in August and went to the Advisory Planning Commission (APC) for a Public Hearing on September 28, 1999. Due to issues raised, the applicant requested the item be continued to the October APC meeting. Prior to the October meeting, the applicant again requested that the item be continued to allow more time to re-work the plans and hold an additional neighborhood meeting. In addition, the applicant has signed a Waiver to the 60-day agency action deadline. Setbacks The City Code minimum rear setback in the NB district (when adjacent to a residential district) is 30'. The applicant has proposed a rear yard setback (from the south property line) of the three uses adjacent to the residential district that range from 50' to 70'. This results in a building separation (proposed building to single family residence)range of 115' to 181'. The proposed senior housing building provides the least setback and separation, 50' and 115' respectively. l S Density The NB district allows a maximum building coverage of 20%. The original plan proposed a building coverage of approximately 10%. The revised plan proposes a building coverage of 12.9%. APC Motions As stated earlier, there are three applications before the City as part of this proposal. The APC motions and votes in chronological order were as follows: Motion Vote To recommend approval of the Comp Guide Plan Amendment from 7-0, motion RB and D-III to NB. passes To recommend approval of the Rezoning from NB to Planned 3-4, motion fails Development (PD) subject to APC modifications* including removal of the Class II restaurant. To recommend approval of the Rezoning from RB to Planned 4-3, motion Development (PD) subject to APC modifications*. passes To recommend approval of the Preliminary Subdivision. 5-2, motion passes *APC Modifications included: • Specifying the Class I restaurant with"beer and wine"rather than"liquor" • Reducing size of the convenience gas station from 4,800 s. f. to 3,000 s. f. with a minimum green space for the lot of 25% • Requiring all individual buildings to be subject to Site Plan review at the APC prior to Final Planned Development consideration • All trash enclosures shall be attached to principal structures • Increase plantings to buffer the site from the residential properties to the south Grounds to Deny the Application As with any development application before the City Council, the Council must make a determination whether or not a proposed application is or is not consistent with the intent of the City's land use objectives (i.e. Zoning and Subdivision Ordinances, Comprehensive Guide Plan). encourage a more creative and and intent of a Planned Development District is to g The purpose p affords a property owner or developer varied and efficient use of land. While a PD typically a p p y p some flexibility in relation to land uses and/or performance standards (i.e. lot size, bldg. height, setbacks) the benefit to the City is a greater control of land use, architecture, signage, etc. l �b The Diffley Plaza proposal includes two land uses that would not be allowed under a straight NB zone. However, the proposal more than doubles the minimum NB setback requirement from the residential properties to the south, has a building coverage that is 65% of that allowed in the NB district. The proposal is consistent with the intent of the PD district in that the each individual lot will have a specified land use and architecture and signage will be uniform throughout the development. To provide further scrutiny in review,the APC has recommended that prior to finalization of building plans, they be subject to APC review. This would not occur under the property's current zoning designation or any straight zoning designation. Planned Development Land Uses The proposed uses within the PD include a Class II restaurant (fast food), a Class I restaurant (sit down) w/liquor, convenience gas station, day care, senior housing, retail, and office. Of these uses only the fast food restaurant and the senior housing are not allowed in the NB district. The site's current zoning (RB) allows hotel or motel, Class I restaurant, gas station, on-sale liquor with hotel, motel or restaurant, mass transit terminal, and commercial recreation(i.e. movie theatre, bowling alley) as permitted uses and car wash, Class II restaurant, and truck-stops as conditional uses. Liquor License The applicant's proposal includes a sit-down restaurant with liquor. If approved, the PD agreement would simply reflect that, from a land use standpoint, a sit-down restaurant with liquor was suitable at the designated location. This would not negate the need for a separate liquor license application at some point in the future. Because a specific restaurant has not been identified, the APC consensus was that the restaurant should be limited to a 3.2 beer and wine component. Please contact me if you have any questions or would like additional information. 111") Page 7 September 28, 1999 ADVISORY PLANNING CONMSSION COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION TOM GALLAGHER Chair Heyl opened the next public hearing of the evening regarding Preliminary Subdivision approval to allow the creation of a six lot retail commercial subdivision entitled "Diflley Plaza". The proposed subdivision overlays 15.7 acres of land located south of Diflley Road between I-35E and Johnny Cake Ridge Road in the northwest '/4 of Section 28 and northeast 1/4 of section 29. In conjunction with the preliminary subdivision, the following approvals are also necessary: A Comprehensive Guide Plan Amendment changing the suggested use of the subject property from D-III, Mixed Residential and RB, Roadside Business to NB, Neighborhood Business. A Preliminary Planned Development (rezoning of the property from RB, Roadside Business to PD, Planned Development). Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated September 22, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis also highlighted several policy decisions to be made by the City. In particular, these issues included the following: 1. The Comprehensive Guide Plan Update suggests that the property be zoned NB (Neighborhood Business). Several of theses being requested by the applicant are not permitted in the NB District (e.g. gas stations and fast-food restaurants). 2. The NB District restricts building heights to 20 feet. The applicant's proposal depicts the majority of the project at 28 feet in height while a two-story office element is approximately 35 feet in height. 3. Building elevations and finished material specifications have not been completed for each of the proposed buildings. A determination as to whether the same or similar material should be used in all buildings needs to be decided. 4. Within Commercial Districts, trash enclosures need to be attached to the principal building. The applicant is requesting a detached trash enclosure. 5. As a proposed Planned Development, the City may wish to restrict or otherwise control the number and location of pylon signs. The applicant addressed the APC and noted that he had held a neighborhood meeting and responded to several of the issues of concern to the neighbors. Particularly, the applicant stated that he would be willing to remove one of the proposed fast-food restaurants and replace it with another retail component. Additionally, the applicant was willing to reduce the height of the center so as to avoid a two-story roof line. Also, the applicant indicated that he had an / 7y Page 8 September 28, 1999 _ = 1 ADVISORY PLANNING COMMISSION opportunity either to build a large berm which would require the removal of existing vegetation or to keep the majority of the existing vegetation and supplement a smaller berm with plantings. Chair Heyl noted that the APC had received letters both in support and in opposition to the application. In response to an inquiry from the Chair, the majority of the audience expressed their opposition to the applicant's proposal. The Chair stated that the letters in opposition dealt with the following subjects: increase in traffic; noise; odors from fast-foot restaurants; signage; lighting; environmental harm to the neighborhood; decrease in property values; decrease in quality of life; proposal being out of character with the general neighborhood; too much retail development; the proximity of the development to an elementary school and City park; and the size of the overall development. Several residents addressed the APC regarding their concerns over the amount of available retail and existing vacancies. Other residents referenced the concern with traffic patterns, the location of entrances and exists in relation to the design of the existing streets. One resident submitted a letter on behalf of 60 families objecting to the use of the land and noting that the predominate use in the area is single-family. Several residents expressed their concern that the proposed uses are not to meet the daily needs of the neighborhood. Discussion then followed concerning the potential of screening and berming the south edge of the proposed site to afford relief to the residents to the south. Chair Heyl indicated that she would be seeking responses from the applicant with respect to each of the items raised by the letter writers as well as those in attendance. Chair Heyl closed the public hearing. In response to questions from Chair Heyl, the applicant stated that the entrances to the site were making use of existing curb cuts provided by the County and City on Diflley and Johnny Cake Ridge Roads. One additional right turn in curb cut was being depicted to the north on Johnny Cake Ridge Road, The applicant stated that there was a potential for a no U-turn sign to be placed in the median on Diflley Road. The applicant stated that there was excess fill generated on the site and that a larger berm could be accommodated if the APC desired. The applicant stated that it was his intention to maintain ownership of the property and that the uses proposed were not destination uses but rather convenience for the neighborhood. Additionally, the applicant stated that the lot on the west could accommodate a two-story office building-to replace the proposed grocery store. The APC and applicant had a discussion with respect to the proposed roof line of the strip center. Members Segal and Frank encouraged the use of the second floor of the retail for expansion of office. Each Member believed the gabled roof depicted a higher quality development. Several Members expressed their objection to the location of a sports bar in the strip center, believing it to be incompatible with adjoining residential property. Various Members Page 9 ` a September 28, 1999 ADVISORY PLANNING CONMSSION "M and the applicant discussed alternatives to the. relocation of buildings and parking on site to accommodate a greater separation of the retail from the residential districts. The Members expressed general opinions regarding the applicant's proposal. Upon questioning by Chair Heyl, the applicant indicated that he would agree to the request of a continuance of the application to the next APC meeting. Member Frank specifically asked the applicant to redesign the proposed gas station use to better fit a neighborhood appearance. In response to a question from the audience, Chair Heyl explained that the property in question had been reviewed as part of the Comprehensive Plan Update and it was determined that commercial use was appropriate. Member Segal moved, Member Tilley seconded, a motion to recommend the continuance of the APC Members discussion of the item to the next scheduled meeting of October 26, 1999. All voted in favor. g� December 1, 1999 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 (651) 681-4600 RE: Diffley Plaza 15.7 Acres, Southeast Corner of I-35E and Diffley Road Dear Mayor Awada and Councilmembers: Enclosed please find the proposal for the Preliminary Planned Development for Diffley Plaza. I am well aware of the fact that although you are concerned with the landowner's ability to develop their property,as well as the impact the development will have on the neighborhood, your ultimate concern is that the property be utilized at it's"highest and best"use, for the long-term general benefit of the whole community. The subject property is currently zoned Roadside Business. The City Council has indicated a desire to re-guide the property to Neighborhood Business to more effectively blend with the neighborhood. In an effort-to cooperate to the fullest extent possible with the City's long term goals for this property,the Roadside Business plan we were producing was laid aside. Although the re-guiding is not yet finalized, the Council is being been presented with a development plan that is remarkably consistent with what the Council's long-term goals are perceived to be. In fact, there are only two sites on the plan that do not fit within the parameters of Neighborhood Business: The Senior Housing Complex(Lot 1) and the Class 2 Restaurant (Lot 4). Although the Senior Housing Complex does not fit within either Neighborhood Business or Roadside Business, it was believed to be a valuable addition to the City. While the Class 2 restaurant does not fit within the scope of Neighborhood Business, it is allowable under the current Roadside Business zoning now in place. To accommodate these two sites, as well as to provide the City with the maximum architectural control possible, a rezoning to Planned Development is requested. While there has been opposition to this plan, a great deal of consideration has been expended to address the concerns raised, and to implement changes where possible. In response to some of the more serious concerns: 1. Increased Traffic This site is primarily for the convenience of the surrounding community. It is intended that virtually all of the traffic visiting the development will be drawn from those already traveling on Diffley and Johnny Cake Ridge Roads. /E/ Diffley Road currently has a daily traffic count of 15,200, while Johnny Cake Ridge Road has a traffic count of 4,071. 2. School/Children's Safety As mentioned previously,the traffic visiting this center is already traveling the roads in the neighborhood. I doubt (given the presence of the Thomas Lake convenience center)that a significant number of vehicles will be exiting this development and traveling south on Johnny Cake. The main traffic flow will be north on Johnny Cake and then on to Diffley. 3. Density of the Development The proposed planned development has a building coverage of slightly less than 13%, well within the 20% allowable under the Neighborhood Business guidelines. At the request of the neighborhood opposition group, we replaced the retail free-standing building with a two-story office complex, complete with underground parking. Furthermore, at the request of the APC, the second Class 2 restaurant was eliminated, and replaced with the Senior Housing Complex, again with underground parking. The intention of these two revisions was in direct response to the concern of the "intensity" of the development. These two sites will generate significantly fewer visits per day, and those that do utilize the site, will primarily be parking underground. Thus the impact to the neighboring residents will be lessened to the fullest extent possible. DIFFLEY PLAZA BUILDING COVERAGES Lot 1 Senior Housing Complex 20,831 SF Lot 2 Daycare Center 7,000 SF Lot 3 Fuel Station 4,835 SF Lot 4 Class 2 Restaurant 5,040 SF Lot 5 Class 1 Restaurant 7,200 SF Lot 6 Office Complex 16,018 SF Lot 7 Convenience Center 27,200 SF Total 88,124 SF 88,124 SF/683,892 SF= 12.89 % Building Coverage lg� 4. Proximity to Residential Neighborhood In keeping with the City's long-term goals, the Neighborhood Business designation requires a 30 foot setback from adjoining property owners. The original plan as well the revised proposal you are currently considering, maintains an average setback of 72 feet. Thus, the proposed set-back is already more than double that which is required by the City. To further increase the set-back requirement is not an effective use of the land. 5. Increase in Noise The property is situated in an area compatible for commercial development. It is bordered on three sides by roads, two of which have significant traffic. While any-commercial development will have various noises present, those currently realized by the freeway, and those soon to be realized by the Metropolitan Airport Commission's proposal, will overshadow those produced by the development. 6. Lighting The lighting design is typically an issue addressed in the Final Platting process. However, I have indicated to the APC as well as the residents, that the site will primarily utilize fully enclosed(housed) light fixtures that shine down, with minimal(if any) glare to the sides. Furthermore, the APC has requested that I present all final design plans for this development to them for final review,prior to presenting them to the City Council for action. While there were additional concerns raised by the neighborhood opposition group, in the interests of brevity, they will not be addressed in this letter. However, I will be more than happy to discuss any additional concerns or questions you may have at the Council meeting on December 6, 1999. Thank you for fully considering the changes, the concessions,and the compromises that have been made to integrate this parcel from it's current zoning (Roadside Business) into that which you as a City Council have indicated is desirable. I respectfully request that you approve the plan as submitted. Thank you for your consideration, as well as your anticipated concern for all parties involved. SiITo erely, Gallagher 193 Agenda Information Memo December 6, 1999 Eagan City Council Meeting C. CONDITIONAL USE PERMIT-TYLER JAY COMPANY ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow outside storage(of roll-off trash containers, trucks and portable toilets)on property located at 1725 Meadowview Road in the NE '/4 of Section 8 subject to the conditions listed in the APC meeting minutes. FACTS: • The parcel is currently unplatted and is zoned I-1, Limited Industrial. On September 7, 1999,the City Council gave approval to allow issuance of a building permit prior to final plat. • In the past two years, a portion of the Meadowview Road right-of-way was vacated adjacent to the parcel. According to the applicant,trucks and equipment have been stored outside on this parcel for the past 20 years. Tyler Jay Company is in the process of acquiring the vacated right-of-way and platting their parcel to include the vacated right-of-way. • The site is currently vacant and flat with an elevation is about six feet higher than the adjacent railroad bed. There is no significant vegetation on the site. • Two tenants are proposed for this building,Lightning Rolloff Service and Action Portable Service. Lightning Rolloff Service proposes outside storage of roll-off trash containers and trucks, and Action Portable Service proposed outside storage of portable toilets. The outside storage areas would be on the north and south portions of the property. • The proposed outdoor storage activities appear consistent with the City's outdoor storage guidelines and the other industrial activities in the area. • At their regular meeting on November 23, 1999,the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. ISSUES: • At the APC meeting,two surrounding landowners voiced concern over whether the materials stored outside would be visible from their property. In response to such concern,the APC suggested the addition of condition#9 relating to the screening of the outside storage area. • The applicant has submitted a revised site plan showing greater detail of the outside storage areas, and a revised landscape plan pursuant to the conditions recommended by the APC. The landscaping has been extended to the northeast comer of the site, more plantings have been added at the entrance and fewer plantings are shown along the south side. Screening consists primarily of lilacs and dogwood with some arbor vitae to provide year around green. ATTACHMENTS (3) November 23, 1999 APC Meeting Minutes page/&—/OM Staff report,pages$Z throughQp Revised site and landscape plans,pages Doi_through�Q,?. 612 432 3780 SENT BY: 12- 2-99 ; 17:11 SEVERSON SHELDON- 651 681 4694:# 7/11 Page 6 November 23, 1999 ADVISORY PLANNING COMMISSION F" . PUBLIC HEARINGS CONDITIONAL USE PERMIT JAY TYLER COMPANY Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage on property located at 1725 Meadowview Road, located in the NE'h of Section 8. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated November 15, 1999. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr_ Ridley stated that the applicant will be required to provide a detailed site plan depicting the site layout, the City's access easement and the layout of the outdoor storage items. The applicant noted his presence. In response to an inquiry from the audience, City staff confirmed that the applicant is required to only store empty roll-off trash containers and portable toilets. Chair Heyl closed the public hearing. Member Frank moved, Member Huusko seconded, a motion to recommend approval of the Conditional Use Permit to allow outdoor storage on property located at 1725 Meadowview Road, located in the NE'/,of Section 8, subject to the following amended conditions: 1. Platting of the property shall be completed prior to the issuance of the Conditional Use Pen-nit for recording, and recording of the Conditional Use Permit shall occur prior to any outside storage activity occurring on the property. 2. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 3. A detailed Site Plan area shall be submitted prior to conditional use permit issuance. The plan shall depict the site layout, the City access easement, and the layout of the outdoor storage items. 4. The owner shall be responsible for maintaining all paved surfaces in good condition. 5_ A revised landscape plan shall be submitted which provides landscaping on the north side of the property, enhances the screening on the east side, and more fully utilizes the open area south of the driveway entrance. /�6 612 432 3780 SENT BY: 12- 2-99 ; 17:11 SEVERSON SHELDON- 651 681 4694;# 8/11 Page 7 November 23, 1999 ADVISORY PLANNINCT COMIvusSION t 6. No outside storage shall occur upon the city access easement which overlayv-th�j, property. 7. Storage of the roll-off trash. containers and portable toilets shall not exceed the height of the fence enclosure(not including the barbed wire)_ 8. Only storage of empty roll-off trash containers and portable toilets shall be allowed. 9. The applicant shall provide a detailed site plan of the outdoor storage. 1 b. The applicant shall allow City staff to review to determine whether additional screening of the storage from surrounding properties would be necessary. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 15, 1999 CASE: 08-CU-14-10-99 APPLICANT: Tyler Jay Company HEARING DATE: November 23, 1999 PROPERTY OWNER: Tyler Jay Company PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permit LOCATION: 1725 Meadowview Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Tyler Jay Company is requesting approval of a Conditional Use Permit to allow outside storage (of roll-off trash containers, trucks and portable toilets) on property located at 1725 Meadowview Road in the NE 1/4 of Section 8. AUTHORITY FOR REVIEW 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. Planning Report—Tyler Jay Company November 23, 1999 Page 2 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. In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center(CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Planning Report—Tyler Jay Company November 23, 1999 Page 3 BACKGROUNDMISTORY In the past two years, a portion of the Meadowview Road right-of-way was vacated adjacent to the parcel. The parcel is currently unplatted and is zoned I-1, Limited Industrial. According to the applicant, trucks and equipment have been stored outside on this parcel for the past 20 years. Tyler Jay Company is in the process of acquiring the vacated right-of-way and platting their parcel to include the vacated right-of-way. On September 7, 1999, the City Council gave approval to allow issuance of a building permit prior to final plat. EXISTING CONDITIONS The site is currently vacant and flat with an elevation is about six feet higher than the adjacent railroad bed. There is no significant vegetation on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Small storage building ; zoned 1-1, Limited Industrial; guided IND, Limited Industrial South- United Stationers; zoned I-1; guided IND East- Vacant and residence; zoned I-1; guided IND West - Railroad and State Park, zoned P, Park; guided P,Park EVALUATION OF REQUEST Compatibility with Surrounding Area—The site is at the west end of Meadowview Road, adjacent to the railroad tracks, and is surrounded by other industrial properties to the north east and south, and undeveloped state park to the west. The proposed outside storage of roll-off trash containers, trucks and portable toilets appears compatible with uses and activities on surrounding properties. Site Plan—The site plan shows the building located in the western portion of the site with parking to the east. Two tenants are proposed for this building, Lightning Rolloff Service and Action Portable Service. Lightning Rolloff Service proposes outside storage of roll-off trash containers and trucks, and Action Portable Service proposed outside storage of portable toilets. The outside storage areas would be on the north and south portions of the property. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safea reasons when determined necessary b the he city. In general business (GB) and community shopping center(CSCE zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial(I-1) and general industrial(I-2)zoning districts, the enclosure may be 0 / 0 Planning Report—Tyler Jay Company November 23, 1999 Page 4 detached from the principal building. The storage area is proposed to be enclosed by a chain link fence topped with barbed wire at the top for added security. The barbed wire must be attached either directly above the fence or at an angle in toward the yard. 2. The storage area shall be located in the side or rear yards and shall not encroach into any reguiredfront building setback area or other required setbacks. Some parking stalls are located on the south side of the building. The building has overhead doors on the east and north sides of the building and the outside storage should not interfere with vehicular maneuvering on the site. 3. The outdoor storage area shall be screened om view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent property is designated for industrial use and railroad right-of- way. 4. The storage area shall not interfere with any pedestrian or vehicular movement. While there does not appear to be any interference with pedestrian or vehicular movement, a detailed layout of the storage on the site delineating the storage area should be submitted prior to conditional use permit issuance. As discussed below, a clear drive aisle should be maintained from the front entrance to the gate on the west edge of the property for city maintenance vehicles to access the sanitary sewer lift station west of the property. S. The storage area shall not take up required parking spaces or landscapingareas.reas. A total of 23 parking stalls are required for the 9,360 square foot building which is primarily warehouse space. Only 21 stalls are shown on the site plan, however, additional parking stalls can be accommodated at the northeast corner of the lot. The proposed outside storage is entirely within the paved area of the site and does not encroach into landscaped areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area will have a bituminous surface. The owner is responsible for maintaining the paved surface in good condition. Platting—The City Council gave approval to allow construction of the building to proceed prior to the platting of the property, and platting is required prior to the issuance of a certificate,of occupancy for the building. Platting should be completed prior to the issuance of the conditional use permit for recording, and recording of the CUP should occur prior to any outside storage activity occurring on the property. Landscapinp-—The landscape ordinance requires screening of parking and outside storage areas from public rights-of-way. Meadowview Road abuts the property at its southeast corner and the site is visible from both Meadowview Road to the east and Alexander Road to the south. Green space on this site is limited because there is minimal right-of-way frontage. With the railroad and undevelopable floodplain to the west, there is little benefit to landscaping the west side of the property. Setback areas on the north, south and east sides of the property provide limited Planning Report—Tyler Jay Company November 23, 1999 Page 5 planting area. Although the parcel to the north is currently undeveloped, landscaping should be incorporated along the north side as well as the east and south sides of the property. The proposed landscaping on the south side could be slightly reduced,while landscaping should be added on the north side of the parcel, and enhanced along the east side to provide more effective screening of the parking and outside storage areas. In addition, the area south of the drive at the entrance should be more fully utilized for landscaping. Grading/Storm Drainage—The property owner was granted a grading permit prior to issuance of the building permit earlier this year. All issues associated with grading and storm drainage were resolved administratively at that time. Wetlands/Water Quality-There are no jurisdictional wetlands on the site. Access/Street Design—Access to the site is provided via Meadowview Road. Easements/Rights of Way/Permits—The City holds an access easement across the southern portion of this site to provide access to the sanitary sewer lift station west of the property. A clear drive aisle for city utility maintenance vehicles should be maintained across the property from the front entrance to the gate in the fence along the west side. No outside storage should occur within the access easement. Tree Preservation—There is no significant vegetation on the site. SUMMARY/CONCLUSION Tyler Jay Company is requesting approval of a Conditional Use Permit to allow outside storage on property located at 1725 Meadowview Road in the NE 1/4 of Section 8. The proposal appears to satisfy ordinance requirements,however, the landscape plan should be modified. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outside storage on property located at 1725 Meadowview Road in the NE 1/4 of Section 8. If approved, the following conditions should apply. 1. Platting of the property shall be completed prior to the issuance of the Conditional Use Permit for recording, and recording of the Conditional Use Permit shall occur prior to any outside storage activity occurring on the property. 2. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 6 �� Planning Report—Tyler Jay Company November 23, 1999 Page 6 3. A detailed Site Plan area shall be submitted prior to conditional use permit issuance. The plan shall depict the site layout, the City access easement, and the layout of the outdoor storage items. 4. The owner shall be responsible for maintaining all paved surfaces in good condition. 5. A revised landscape plan shall be submitted which provides landscaping on the north side of the property, enhances the screening on the east side, and more fully utilizes the open area south of the driveway entrance. 6. No outside storage shall occur upon the city access easement which overlays the property. 7. Storage of the roll-off trash containers and portable toilets shall not exceed the height of the fence enclosure(not including the barbed wire). 8. Only storage of empty roll-off trash containers and portable toilets shall be allowed. FINANCIAL OBLIGATION- 10-00800-020-04, 08-CU-14-10-99 There are pay-off balances of special assessments totaling $26,529 on the parcel proposed for the conditional use permit. 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- 19 � EaganBouldwy Location Map StreetCantarline Parcel Ar" -Building Footprint 3r w' S t L J I ° • � a a I a t I E ♦ r r ` to a Subject Site t• I . t �` t w ♦ ♦tom♦ � i Fit t •• � rte 1 �� ` t o ® � ®®®•_■ In � t mom ® ®� t Till° _ tNEW oni Win i li i e�eoe• �L ID ano . . .a rrrwrae 0000�e gZIN rim— Iwo 0 1000 2000 Feet Development/Developer: Tyler Jay Company Application: Conditional Use Permit Case No.: 08-CU-1410-99 w NYp Prepared tzft BL9 hcVbw 11.Parcel bass nap kfa ubw provided N (_,IIV by�Cm�Y�SL+"eYCep=bwtandIsetmew asdJune1999. City of Eagan /I THIS MAP IS INTENDED FOR REFERENCE USE ONLY Is Cemmun1w Dwelopneet Dops tinow o1 Eagan and Dakota County do not guarantee the aeouraey of this In%4 atlon and are not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Tyler Jay Company Land Use Map Case No. 08-CU-1410-99 41 Zoning Map FF f 4t �- Current Zoning: FF Location � Limited Industrial 143 0 E 41 R-4 FIR R 4 -1 R a 1 see s so• 1200 F«t Comprehensive Guide Plan y `� Land Use Map F IND Location o Current Land Use Designation: D•1 t IND ® O R Limited Industrial 1 D 11 ® F E IND Ddv IND ®® s•s • see ua F..t ® � A waW bay map brterme•on ProNd�breakut&oorwrty tend sur"y Depetmerd 41sm. 1 Zedry lidw eetbe povldtl by Lawronue eoep 1•.•mW eNfed by Gk7 ftsn City of Eagan ,� E Cbnvnuofty� THIS HAP Hi INTENDED FOR REFERENCE USE ONLY City of Eagan and Dakota County do not guarantee the accuracy of this information. Jill S 99 M *� a F s a�i�s t g t 00011 It � CC \ W avou 8.90NVX3-7V iii 1 l R \.. 1I. � O 04,�� �s i QQ � tt II /' SIO.v o�5 I r 1 ! � i f !� � ;•� t47�'�ti �qo0.. �i o S'O / -•"`- � .:;��i...: t�1±lY�{tlx�j�3FRl�.Itlx�trlx{��. � dam` //i/ Y °� � + f 1► + ���1��1� � ; i� f(� ! -z—� s � �p -fid /i✓/ z' � � {�![Ixlit (�tl i41 jt��, t�l�fi 3 `� SITE PLAN f ' a QE7 F zu U • I � Z) U�O W ik lilll � 1 � 8ll � I�� ! .. . � . Illa0afa¢ U [a C)) I LU ul 4 jtl� f a_doa t1341N1�Xgiv, � 1 "`� n ~ 0 / el o I fail ��i �j"� a% /jJ/J �e• �,� �� ea• v ` and /// ,.• .� r_ i � i o14 Litt lilt \ J oB oocc� 1/ GRADING PLAN —s 3 S f 1 � ins 6 c ]iU di tE A7 A r11 2 In {} rt cr V 3 }3 is l .9 j of o F U G i 0073 en et cn LU 0 _ w aVoa 830NVX31V 010 o I• X I� Off+ ; (• € LANDSCAPING ISTUar HAM PAN C-(- AAW U H 11 IVORY STucCc WAROt PANtL- - 47 . . . .. . . . . . . . . ED[D ED :500TH 5,q<,T 1116 G-BLE -A. tl( . : � _ a ir FELEVATIONS �A"-, L - Er Y J � _ -�� - �� c � � k i t a -- 7i�'-� •�.. IIS U- -oil L #Lia L 11:3 LU \� a .3 p3 2w A— UfP CC a O LLI Is .44 Yfp 1 y l � I O ixt I I j iI i 1 .7 i t .x _ i //// - _ •�` � �'\\\\\ r. r, yl.. i' Sf i ? ; lit t-I � �'�._: f/ �`� _ �� ��� I �1• t tr:i j •i._ ,:1: i'it \ dO C4; /// t '^,\,• 'io' - 'f�€ 1.3�it,?i ,tii it..�'•'il7f:f i=-{� p;, i#:► i' t l }: \ yf /� ! of;til JiJ •,;"''!t j i;i f?:,r Z� \ �Q � /✓/ i' \ ���fi;�i:ilJj�ii'I'{= I'� ;'' t SITE PLAN (REVISED) V/ -s 3 o �qa a M M ? n F £� Lo � C6 `j \j� 6 i f o � o � • . i � i # � E r � Y a T� � Y W - h}w AC j I �\ cc 1 •� o I :W � r CIV08 a Ib3GNVX31V � eoo :1ti ;4ee: gg l�w/O Os i '�3y ,. I tv i O OWO -� l 60, 1_, I � e • � -- Ott~tovz l,� yo ; \ \ ���s�oao tttt��t �-•�; \ Joy ttell" Ilt A \ /fit LANDSCAPING (REVISED) Agenda Information Memo December 6, 1999 Eagan City Council Meeting D. CONDITIONAL USE PERMIT—DELITE OUTDOOR ADVERTISING ACTION TO BE CONSIDERED: • To approve a Conditional Use Permit to erect an off-premise sign upon Soo Line Railroad property located south of TH 55 and west of I-35E in the northeast 1/4 of Section 3 subject to the conditions listed in the planning report dated 11/23/99. • If approved, the City Council shall direct staff to prepare an amendment to Table A of the Sign Code that reflects the applicant's proposal including the proposed increase in sign area. FACTS: • The applicant is proposing to remove two existing off-premise signs (billboards) which total 360 square feet in area and replace them with a single 720 square foot sign. Specifically, the applicant wishes to remove a 144 square foot sign located south of TH 55 and east of Lexington Avenue and 1 216 square foot sign located south of Yankee Doodle Road and west of TH 149. • The applicant's proposal would reduce the total number of off-premise signs(from 13 to 12) and sign surfaces(from 25 to 22)in the City while the area of such signage would be increased from 7,789 to 8,149 square feet. To accommodate such sign area, it will be necessary for the Council to initiate an amendment to Table A of the City Code that establishes the maximum off-premise sign area allowed within the City. • At their regular meeting on November 23, 1999, the Advisory Planning Commission held a public hearing to consider the applicant's request and the motion to recommended approval of the Conditional Use Permit failed. ISSUES: • The APC did not believe an increase in the total billboard area within the City is consistent with present City objectives regarding the regulation of such sign type. • In addition, the APC was concerned that the size of the proposed sign,when viewed from TH 55,would be overwhelming. ATTACHMENTS (2) November 23, 1999 APC Meeting Minutes page ()A� Staff report,pagethroughQ,-0 , 612 432 3780 SENT BY: 12- 2-99 ; 17:12 SEVERSON SHELDON 651 681 4694:# 9/11 Page 8 Novmber 23. 1999 + ADVISORY PLANN1NGCOMMISSION CONDITIONAL USE PERMIT DELTTE OUTDOOR ADVERTISING,INC. Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a billboard on Soo Line Railroad right-of-way, and a Variance to the square footage allowed, located north of Coca-Cola Bottling Company in the SW quadrant of Trunk Highway 55 and 1-35E in the NEIA of Section 3. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated November 12, 1999_ Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis noted that Table A of the City Code would need to be amended before action is taken on the variance request. The applicant noted its presence through its attorney, Peter Coyle. No one from the audience addressed the APC. Chair Hey] closed the public hearing. The majority of the APC believed that the sign proposed was too big and that the request was not a variance but rather an amendment to the Sign Code. The majority of the APC did not believe there was a compelling reason to allow the increase in square footage. Member Huusko moved, Member Anderson seconded, a motion to recommend approval of the amendment of Table A to the City Code. Two Members voted in favor (Members Huusko and Anderson) and five Members opposed. O 612 432 3780 SENT BY: 12- 2-99 : 17:12 SEVERSON SHELDON- 651 681 4694;#10/I1 Page 9 November 23, 1999 ADVISORY PLANNING COMMISSION 7 ..j J. PRELIMINARY SUBDIVISION ELDER JONES CO.,INC. Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Town Centre 100 Eighteenth Addition) of approximately 2.37 acres to create two commercial lots, legally described as Outlot B of Town Centre 100 Sixteenth Addition, located on the northeast corner of O'Leary Lane and Town Centre Drive in the NE'/. of Section 15. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated November 17, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant noted its presence. No one from the audience addressed the APC. Chair Heyl closed the public hearing. Member Frank moved, Member Miller seconded, a motion to recommend approval of a Preliminary Subdivision (Town Centre 100 Eighteenth Addition) of approximately 2.37 acres to create two commercial lots, legally described as Outlot B of Town Centre 100 Sixteenth Addition, located on the northeast corner of O'Leary Lane and Town Centre Drive in the NEIA of Section 15, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, 132, Cl, C2, C4, D1, El 2. The developer shall extend a storm sewer pipe from the storttl water pond to accommodate runoff from future lot 1 development as well as future development of Outlot C, Town Centre 100 16u'Addition. 3, Sanitary sewer service for Lot 2 shall be constructed outside public drainage & utility easement area. 4. The developer shall acquire all necessary private utility easements across the Minnwest Bank property for its future construction. The developer shall provide these easements to the City Attorney for review and approval prior to final subdivision approval. S. This proposal shall be responsible for a cash trails dedication_ All voted in favor. c2 612 432 3780 SENT BY: 12- 2-99 : 17:12 SEVERSON SHELDON- 651 681 4694.#11/11 Page 10 Novembcr 23, 1999 -•A ADVISORY PLANNING COMMISSION ADJOURNMENT Member Huusko moved, Member Tilley seconded, the motion to adjourn the November 23, 1999, Advisory Planning Commission meeting at 9:35 p.m. AJ1 voted in favor. Secretary - Eagan Advisory Planning Commission mob PLANNING REPORT CITY OF EAGAN REPORT DATE: November 12, 1999 CASE: 03-CU-15-10-99 APPLICANT: DeLite Outdoor Advertising Inc. HEARING DATE: November 23, 1999 PROPERTY OWNER: Soo Line Railroad Co. PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit/Variance LOCATION: Southwest quadrant of T.H. 55 and I-35 (Soo Line Railroad right-of-way) COMPREHENSIVE PLAN: Public Facilities ZONING: P, Public Facilities SUMMARY OF REQUEST DeLite Outdoor Advertising has requested a Conditional Use Permit to erect an off-premise sign upon Soo Line Railroad property located south of TH 55 and west of I-35E in the northeast 1/4 of Section 3. In conjunction with the conditional use permit request, the applicant has requested approval of a Variance from the sign area identified on Table A of the City Code which establishes the maximum off-premise sign area allowed within the City. Specifically, the applicant wishes to remove two existing billboards signs within the City totaling 360 square feet and replace them with one new sign totaling 720 square feet in area. AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Planning Report—DeLite Outdoor Advertising CUP&Variance November 23, 1999 Page 2 A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area,nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets,police and fire protection, drainage structures,refuse disposal,water and sewer systems and schools. E. Will not involve uses, activities,processes,materials, equipment and conditions of operation that will be hazardous or detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses,to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. 2. That the granting of the application is necessary for the applicant. Planning Report—DeLite Outdoor Advertising CUP&Variance November 23, 1999 Page 3 3. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 4. That granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUNDMISTORY The applicant is proposing to remove two existing off-premise signs (billboards)within the City and replace them with a single 720 square foot sign. The following is a summary of the applicant's proposal: Before (signs to be removed): Location Area Faces Date Approved Sign#1 South of TH 55 144 square feet 2 7-7-81 and east of Lexington Ave. Sign#2 South of Yankee 216 Square Feet 3 4-6-82 Doodle Rd. and west of TH 149 Total 360 5 After(sign to be erected): Location Area Faces Sign#1 South of TH 55 720 square feet 2 and west of I- 35E As indicated above, the applicant's proposal would reduce the total number of off-premise signs and sign surfaces in the City while the area of such signage would double. To accommodate such sign area, the approval of a variance is necessary. EXISTING CONDITIONS The subject property is part of the Soo Line railroad corridor. The property is flat and covered with mixed weeds and grasses. Some significant trees exist within the vicinity of the proposed sign location. The sign would be located north of the rail tracks,just south of TH 55. Planning Report—DeLite Outdoor Advertising CUP&Variance November 23, 1999 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject properties: North- TH 551-35E right-of-way South- Coca-Cola Bottling; zoned I-1, Limited Industrial and guided IND, Limited Industrial East- I-35E West- Soo Line Railroad right-of-way/TH 55 right-of-way EVALUATION OF REQUEST Compatibility with Surrounding Area-The subject property is bounded on the north, east and west by highway rights of way and the south by an industrial use. The proposed sign location appears compatible with surrounding uses. Off-Premise Sign Requirements Use Acceptability Section 4.20 Subd. 4.0 of the City Code states that off-premise business signs may only be erected upon property zoned for business or industrial use. While the subject property(railroad right-of-way) is technically not zoned, it is private property bounded by an industrial zoning designation and is, for practical purposes, considered to exist within an industrial zone. The proposed sign will be visible to both northbound(south of 494) and southbound (south of 494) travelers on I-35E. Conditional Use Permit According to Section 4.20 Subd. 4.B.3 of the City Sign Code,the owner of an existing off- premise sign may construct a new off-premise sign pursuant to a conditional use permit issued in accordance with the provisions of chapter 11 of the City Code, and under the following criteria: 1. No sign will be permitted which increases the number of signs beyond the number of signs depicted in table A(attached as an exhibit), as amended from time to time. Approval of the conditional use permit will reduce the total number of off-premise business signs within the Cityfrom 13 to 12. 2. No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in table A(which follows this section), as amended from time to time. C � Planning Report—DeLite Outdoor Advertising CUP&Variance November 23, 1999 Page 5 The applicant is proposing to remove five existing sign faces (upon two structures) with a total sign area of 360 square feet The replacement structure would have two sign faces totaling 720 square feet in area. According to the applicant, the simple replacement of the existing sign area is not economically feasible. 3. No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in table A(which follows this section), as amended from time to time. Approval of the conditional use permit will reduce the total number of sign surfaces in the City from 25 to 22.) 4. The maximum square footage of a sign shall be 250 square feet; however, the city may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in table A(attached as an exhibit), as amended from time to time, and(ii) amendment to said table A to reflect such reduction, and(iii) further, so long as the total square footage of all signs is not increased beyond the total of sign square footage depicted in said table A, at the time of application for a new sign. The applicant is requesting a variance to the maximum square footage limitation identified in Exhibit A. Specifically, the applicant is proposing to remove two existing billboard signs within the City totaling 360 square feet and replace them with one new sign (with two faces) totaling 720 square feet in area. Thus, the applicant is proposing to exceed the maximum square footage allowance by 360 feet. The applicant has indicated that should the variance be approved, they would be willing to dedicate advertising space on one of the sign faces to the Cityfor use at its discretion. The acceptability of the proposed sign area is considered a policy matter to be determined by city officials 5. No sign shall be located nearer to any other off-premises sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. This provision will be satisfied 6. No sign shall be located on a platted lot which contains a business sign. This provision will be satisfied 7. No sign shall be located within 300 feet of any freestanding ground sign or pylon sign. This provision will be satisfied. Planning Report—DeLite Outdoor Advertising CUP&Variance November 23, 1999 Page 6 8. No sign shall be located within 200 feet of any residentially zoned district. This provision will be satisfied 9. No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign. The proposed billboard would measure 40 feet in height. Thus, this provision will be satisfied Variance According to the applicant,the additional sign area is necessary to make the sign takedown/replacement economically feasible. City Officials will need to determine the adequacy of the applicant's stated hardship. If the proposed sign area is found to be acceptable. The City Council should direct staff to initiate a City Code amendment that would increase the total sign area allowance stipulated by Table A. Setbacks -According to the City Code,no sign may be nearer than ten feet from any property line. While the submitted site plan does not specify the proposed sign setback, it appears that compliance with the ten foot setback requirement is possible. Compliance with such setback will be made a condition of CUP approval. SUMMARY/CONCLUSION While the erection of a new off-premise sign in the area is considered compatible with surrounding uses, the acceptability of the proposed sign area and whether or not adequate hardship has been demonstrated to warrant variance approval is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To recommend approval a Conditional Use Permit to erect a 720 square foot off-premise sign upon Soo Line Railroad property located south of TH 55 and west of I-35E in the northeast 1/4 of Section 3. If approved, the following conditions should apply: .1. The Conditional Use Permit shall be recorded within 60 days of final plat approval. Planning Report—DeLite Outdoor Advertising CUP&Variance November 23, 1999 Page 7 2. The City approve a variance from the maximum allowable square footage depicted in Table A of the City Code. 3. A sign permit shall be obtained from the City prior to installation of the sign. 4. The sign shall not exceed 40 feet in height. 5. The sign shall not be nearer than ten feet to any property line. 6. The following existing off-premise signs shall be removed prior to installation of the proposed off-premise sign: A. South of TH 55 and east of Lexington Avenue. B. South of Yankee Doodle Road and west of TH 149. 7. The City Council shall direct staff to initiate a City Code amendment that would reflect the citywide reduction in off-premise sign number and surfaces; and the increase in citywide sign area. FINANCIAL OBLIGATION- Soo Line Railroad Right-of-Way 03-CU-15-10-99 There are pay-off balances of special assessments totaling $0 on the parcel proposed for the conditional use permit. 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- Eagan Boundary Location Map Street Area ,lne Parcel Area Building Footprint Sub"7777777 ect Site 10 _ Flo 1101 1 ® -nmom 46 +� ■. ! t 4OW S • I IL _ •• ■ s ■ ttta a i i I ti � 1 � t � / •e� � i r g a s P' •t r I F 10 , e� •� , F71 t R ! t Oa Illsf 10 1 ti P 1000 0 1000 2000 Feet Development/Developer.. Delite Outdoor Advertising, Inc. Application: Conditional Use Permit Case No.: 03-CU-15-10-99 S Map P.Ww using ElM keftw 31.ft base nrp iriarrratia provided N by Dakota Comity Lad Survey Depa nut and is cu r■rt as of Jule 1999. City of Eagan lW E THIS MAP IS INTENDED FOR REFERENCE USE ONLY O.nneaanr n...t" Wt o.partm.M of Eagan and Dslsota County do not guarantee the accuracy of this information and are S not responsible for errors or omissions. Proposed Sign Location For DeLite Outdoor on CP ROW IGU� i IVY r•.r ?��t '1 r.. � � t Y 149 Proposed Sign Location West Side of I-35E South of State Highway 55 9 I 55 s 55 co dip 149 RP EAGAN RD f 55 • _ a f 8 i 1�8iJGWRIIt. $tICCI Af9a�U$/�1 ,1 �' SITE VICINITY V 1 ' 1 ' ' a N O 1 47 .Q C 1 1 W ' Cil Lu •,,y S `�4�58 i --- ---_ 149.76___-----_ O ►a) • / � C 47 s~�Qn L------ ----------- +-o- --O- --------- — - ------ 1 zz OL ST TE coo ZZ, 1 1 1 1 32 \ �'• Treeto be •. Renmved � SS .30 \ �9.� gip^ (0001) 69 Location (199 ti 1 CD 13 i 1 STATE Coca-Cola k4dwest Bottling �► 010-30 ,d 1 01 1 '� 1 � 1 � 60 0 60 120 Feet N a1 09„Sww000aC xty&,vywdta,dw nebM SITE PLAN Mac 01 ted by CAy d Eager+Com-r*D-elopmert D—"wt Tris map is intended for REFERENCE USE CPIIY! 36 1 �0 M EZ%C Ss CH*PtQ4�-* . E 'TEF F 5Wc 4m is A Tble_ 4 ce .}fl *,e 4op of +ka r-�&c-lmxe abo�re �►dc levet of sikk- Nov 55 9 SIGN DETAIL � l8 3. TABLE A Number of Signs Location Square Feet Surfaces 1. Highway 3, 1.4 miles south of County 500 .2 Road 32 2. Highway 55,junction with Highway 149 500 2 3. Highway 55, east of Lexington• 110 2 4. Highway 13, between Cedar and Rahn 500 2 5. I-494, west of Highway 149 (added 6-20- 756 2 95) (588) Naegele 6. Highway 13, between Cedar and County 250 1 Road 30 7. MN 77,north of Highway 13(on railroad) 756 2 8. MN 77,between County Roads 30 and 32 756 2 9. MN 77, north of Highway 13 756 2 10. I-35E, north of Lone Oak 756 2 11. Soo Line right-of-way,south of I-494,west 480 1 of Highway 55(added 9-5-95) (20) (1)Adams 12. Highway 149, south of Yankee Doodle 165 3 1 Road 13. I-494,west of Pilot Knob Road 756 2 14. I-494,junction of I-35E 756 2 TOTALS 7,797 27 Note: ( ) denotes banked (Code 1983, § 4.20, eff. 1-1-83; Ord. No. 167, 2nd series, eff. 6-18-93) State law reference—Advertising devices, Minn. Stat. ch. 173. ! TABLE A • - i a , • tea. �w.�`yptt � - r� �t ��• 3ti, s - i �:�►fit �i ;a,z• tie t, 1 s. Cd • LIJ 1 � • • CD • ,r a • .. • L ,1 Ci • t L r o • �� �t1�t -1 A:. K rte• , �"�.,��` �'�f,; 104. cts Cd Mn CO rco cd 0 4 w d- udt' r t� y I1 - T tt 3rd f t: S7x,;•� .e\� Fes'4R R,3K r ,sem �._• Cd a 02 Tt LLi 3: a a— •4. ft •L:E '' �•r' k O D Q Cdm CO v LIJ W W (n .0 c Cd v; m . ' cc `n Wzci sr � t - bt r rwF�� '- .a �q � � Vit'• �i�>� .1:A6�tiff �• i'�x .. ;`C �, i:. t i Y� F., � 1 1 7 h S M s Vy IS- ate+ Cd .�i s O c � aocoi R- .0 w N S m O • W 3 Z Q i � t+ •+ c;)J 3 Agenda Information Memo December 6, 1999 Eagan City Council Meeting E. REQUEST BY EAA TO GIVE CONSIDERATION FOR A COMMUNITY ACTIVITY CENTER ACTION TO BE CONSIDERED: To provide direction regarding a request by the Eagan Athletic Association to give consideration for a Community Activity Center. FACTS: • Mr. Dan Klekner, President of the Eagan Athletic Association, made a brief presentation regarding capital needs for the Eagan Athletic Association at the August 24 Special City Council meeting. Due to a bond referendum proposal by ISD 196, the EAA decided to hold off any further work on their capital needs at that time. • The report from the Community Facilities Land Acquisition Task Force was accepted and direction was given to purchase a minimum of a 45 acre site, to continue to pursue the public/private partnerships, continue negotiations to acquire the property by eminent domain and, if necessary, to explore all possible funding options. This action was taken at the November 16 meeting. • The City is pursuing land acquisition through negotiations with Duke Weeks Realty. • City Council may want to consider a reactivation of the Task Force with or without new members to review the needs and function of a Community Activity Center. To continue the process of community participation, it may be appropriate to activate a Task Force to consider the needs of all community groups by the City Council. • Community and public/private partnerships are being considered, i.e.,the Rotary Club with the band shell and the Hoops Proposal by the Advisory Parks and Recreation Commission which is scheduled for their December 13 meeting. ATTACHMENTS: • The Eagan Athletic Association letter is enclosed on page • Enclosed on pagesXto through is an article from December 2, 1999 in the St. Paul Pioneer Press entitled "Firm studies multicourt complex in proposed park". �� Eagan Athletic Association P.O. Box 211202 Eagan, MN 55121 November 29, 1999 Mr. Tom Hedges Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges, The Eagan Athletic Association would like to request to be placed on the December 6, 1999 city council agenda to ask for consideration of a community activity center. At this time I will present the ongoing research and motions passed by our board of directors regarding the EAA needs and monetary commitment to such a facility. I appreciate your time and consideration. If you need more information or have questions please feel free to contact me at 683-0801. Respectfully, Dan Klekner President Eagan Athletic Association lit m iYt. 0 10 rF 0. L^ "'0000•ti C ;1 -�„' �'y� .. its Y P �� �! R E WA vt DA ^�1�! itL 1r itvp I m 161 •e rr 3 ti t s _ �^ i --- CD - .. _ p SON • law r L"FIT rr r _a 00 1 O i- s. - '0—as- w0. . z - _ ado �ge� H Lr 5 ' cr of .I Ifp ;� �� C.4 z 9 Of ��j iii q������ �� _� .. • �3 We tr g ,. ps¢ t4 ` 4' gig [Fell g^& � f f JK mz ���� w =iiL• 2i Ppb • 7LZ ebb •� �b` w� , a � - rg ': �$ lid +M41�.'•'�`�°.r 4—'Re a e.,`� y:- - w y c-41 2B . I Jim t� ? � .1 /1 11 Itl JI 1 1 •11 S� F.'F `moi.. ifc-..`y`'� '""'�♦../i-u�?_�d�%_T'�� 1 11 Y .a rr ^>'�- '�' •�.�31�s�—•'�-�_ !dam v.'"�; 1 1 r m,w?•`- � �,ie.e.'�r-.b e y X14 C` _ 1/ - 1• 1 I 11 - -7704, tiy�� �.•, i �:�t � -Tr •-•f� �-_ M /1: 11 •!1 11' 1 11,:1 ;�Y+r ��w.0 _;- 3,a�YY'f�-. f �_= 1� 111 IJ _ 1/ •� lil 1' IJ �Y. ' IK<-:1 1 111 11 1 y a -irk ,� � �� R ��--yya +�jz - 11. 1� I J 1.;r. 1 ♦1 11 1 1 ^I I1 1 �=�� '�, 1T� �,•e-ap K•a� - 1 1 1 • 1 1 1 1 1 I." VI 1.1 I' - �M .• I.T11 so ' '-Ilylec� .e+-1Fx -`�'`� _ ¢� "„t,� �`. 1 i l 11 1 •' • .1 11 /1 1 1 ♦J 11 .1 1 1 £j, ':-• 2 .••1ly ti. '� �- �-�'� „- 11 1 1.-• ,�•11 I,1 t 1 1 1 1 1 ^�'1 • }+1•¢�� ,Vic{m't' tr 1 1 1. I I .1 I I 1- 11:J I �1- Y 1:'” / r t ,r`-,.ups - '1'�-:- .s5..�+.-_•.c3� �' ±� x MY �icFs�-' 1/ � 1 I -V I •/• - S rnl 11 1 1111. Y 1 "�"S � _ - I ' /! 1 I I 11 �1.1 1 1 1 1 '/; ♦1 I 11 1 1 - 1 1 :J •- ai." -- 1 1 . 1 1 1 1 1.r /I I 1 1111 - 11 A __ -- -' - -- - � 1 1 _ t 1 11/ 1 I II � 1 '11 1' 11 1 •t : 1 1 1 1. - -' _ _ _ •-_ I 1I 1, / JI/ .11 111 ♦11� .I 1'1'11 ' '1 VI �•f. _ -^•-" � • 1111 - - t 1 1•. 1 - 11�• IIIJN 41-11 1VA CAF .. -� �� - .I 11 /1 .I 11 1' � �:-I I 1 dl • •. �' 1: • .:'1111 .III, - 1 r-7;-. 1111177- .I 1 1 1• LG220 For Board Use Only RevO6/96 Minnesota Lawful Gambling Application for Authorization foran Fee Paid Exemption from Lawful Gambling License Check# Initals Date Recd t)rganization Information Organization Name South Metro Chapter/ Previous lawful gambling exemption number Minnesota Deer Hunters Association Street City State Zip Code County 3509 3rd Ave S Minneapolis MN 55408 Hennepin Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name Lynn Burman (613 825-9383 Name of Organization Tre5surer Daytime Phone Number of Treasurer First Name Last Name ' D4 A) C- h r IS fe (61) -8 -s- Type afNor>tprogt Organization Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: Q IRS letter indicating income tax exempt status El Fraternal Q Veterans 0 Certificate of good standing from the Minnesota Secretary of State's office 0 Religious lij�A charter showing you're an affiliate of a parent nonprofit organization ® Other nonprofit Proof previously submitted and on file with the Gambling Control Board Gambling Premises Informafion771 Name of Establishment where gambling activity will be conducted Royal Cliff Street City State Zip Code County 2280 Cliff Rd Eagan MN 55123 Dakota Date(s) of activity (for raffles, indicate the date of the drawing) Feb 25 , 2000 Check the box or boxes which indicate the type of gambling activity your organization will be conducting *Bingo ® Raffles = 'Paddlewheels 0 *Pull-tabs [::] *Tipboards *Equipment for these activities must be obtained from a licensed distributor Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date&Initials of Specialist Local Unit of Government Jurisdiction Is this gambling premises located within city limits?E� Yes Q No If Yes, write the name of the City: City Name Eagan If No,write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: Q organized Q unorganized Q unincorporated ,Local tlnit Of Government Aeknowletlgment 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling C premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued more than 30 days (60 days for cities of the 1st class) from the date the local unit of governm signed the application, provided the application is complete and all necessary information has be received, unless the local unit of government passes a resolution to specifically prohibit the activity copy of that resolution must be received by the Gambling Control Board within 30 days of the d filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application -)t-(t_ Date Received: //,2a c Date Signed: Title of person receiving application Title of person acknowledging application � z Dath of Chief Executive Officer I 7e !,this application and all information is true, accurate and complete. �( Date: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB)to determine yc compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. V �+ y V � � Ca V C� v� �C DC DC �C �C �C DC DC DC yC a, s. 0 on a on a � on ;— on V w e� v, E °23 DC yC �C �C yC �C DC DC �C �C DC �C >C DC DC' �1 M c � o C .� ^o 0\0 000 V- EE w .oma. eq ° T2s a � o x o � � ^oAti o ee L7 s, d H ri pip. e� asicl �� 'L �'e = s�� u �°AvvaW � � U = xh V m Weq � � RCAAti52 � E A � E�- December 1, 1999 Dear Mayor Awada and City Council Members: Several of you have suggested that we put together a list of what neighbors would like to see should a planned development Cake Ridge Road. While a more detailed presentation is being planned or Monde few of us thought it might be helpful to have a short list in advance. y' a 1. An 8 to 10 foot winding berm with 10 to 12 foot double/triple stacked pine trees across the entire perimeter of the development adjacent to the houses creating a complete visual barrier. lines. 2. A minimum 200-foot setback for two-story buildings from residential property 3. Maximum 6-foot monuments and building signage similar to the Seasons development in Woodbury. 4. No gas station preferred; if gas station approved, a maximum our-pod (8 car) gas station, 2,500 sq. ft. retail, bermed and landscaped, with limited hours. 5. Limited limited alcohol license and limited hours for any sit-down restaurant. 6. No fast food restaurants. 7. Reconfigure Diffley (delete center meridian in front of development, additional stop lights, and turn lanes) to optimize traffic flow on Diffley to and from the development. 8. "Village" look and profile, similar to the Seasons development in Woodbury. Thank you for your consideration. Sincerely yours, Mark and Jan Thomppon Scott and Maria King Robert Gage and Cynthia Swan Paul and DeAnne Leeder Bob and Roxanne Helstrom Michael and Tamara Higgs Scott Lane Dave and Sandy Berg Scott and Krystyne Supplee Joe and Colleen Wagner Joe Carter and Sharon Thompson Carter Bruce and Sue Jensen Karen Konsor December 1, 1999 Dear Mayor Awada and City Council Members, We are a group of 158 Eagan residents representing 102 households who oppose the proposed Diffley Plaza development. We understand you have been furnished copies of our earlier petitions and letters. While we believe that residential is the most suitable use for the land in question, given the surrounding neighborhood, we have been told that commercial use is likely. We ask you to vote "no" on the current Diffley Plaza proposal because the density of the development and the uses proposed within it make it inappropriate for a residential area. We are deeply concerned about the safety of our children and the crime, traffic, noise and congestion this development would bring. The proposal before you incorporates fast food, a large alcohol-serving destination restaurant and a gas station, all of which are designed to bring traffic off the freeway. It also places several two-story buildings in such a way that the abutting neighbors lose privacy and the enjoyment of their homes. It is our belief that the Advisory Planning Commission, whose recommendation came on a close 4-3 vote and in an atmosphere of confusion, did not take these concerns into account. If the land is to have a commercial use, we urge you to rezone it as a limited use district, a use particularly suited to a residential neighborhood or, if need be, as a neighborhood business district. Any planned development should be designed to meet the needs of the neighborhood and to fit in aesthetically with the residential character of the neighborhood. Thank you for your consideration. Sincerely, Eagan Residents Against Diffley Plaza Bruce C. and Susan L. Jensen 4283 Pintail Court Eagan, MN 55122 November 30, 1999 Mayor Pat Awada 3830 Pilot Knob Rd Eagan, MN 55122 Dear Mayor Awada: We are writing concerning the proposed development planned for the southwest corner of Diffley and Johnny Cake Ridge Road. We have been residents of Eagan since 1984 and have enjoyed the quality of life provided by our community. The benefits of your planning can easily be seen in our parks and other community use resources. As we reviewed the proposal from the developer, Tom Gallagher, we were very concerned about the intensity of use that he is proposing for this property. We immediately thought back to our decision 18 months ago, to move from the Suncliff development to the Mallard Pond area. We realized, at that time, that there was the possibility that some development would come along in the future directly to the north of our home-site. But there was never, in our wildest imagination, the thought that someone would present a plan that totally covers 15 acres with concrete, bricks and blacktop to the extent that Mr. Gallagher is proposing. After participating in the informational meeting conducted by Mr. Gallagher, our neighborhood met to discuss the developer's proposal. When we consider the other strip-mall developments in Eagan, this proposal places business property in closer proximity to a residential neighborhood than any of the other locations. The intenisity of the development seems in opposition to the "keep Eagan green theme" that we see displayed in our community. This proposal does not seem to be in the best interest of our neighborhood and community. There is unanimous consent among our neighbors that the developer's current proposal be rejected and this was communicated very clearly to the Advisory Planning Commission on November 23,1999. We placed trust in the Commission by believing that they would make a sound judgment in what would be placed next to a residential neighborhood. The commission then proceeded to ineptly deal with the issue in a confused and piecemeal manner. Our feeling is that this group, in the discussion that followed with the developer, did not represent our interests. Please consider this information as you prepare for your review meeting on December 6, 1999. We appreciate your help and trust your best judgment in this matter. Sincerely, NOU-23-1999 15:31 FROM INVER HILLS CC TO 916516814694 P.02 November 23, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 RE: Diffley Plaza Proposed Development Case Number: 28-PS-19-0899 We are residents of the Woodgate-Mallard Ponds neighborhood, and we want to voice our strong opposition to the proposed Diffley Playa development. The proposed site is completely Inappropriate for a busy commercial property. The area is unable to handle the major increase in traffic and congestion that would occur with this type of development. We chose to buy our home two years ago just before the building boom in the Mallard Pond portion of the neighborhood because we liked the newer construction in an area with mature trees and wooded areas- We are already surprised at the difference the newer housing has made in traffic and congestion. We would support further residential building at the site, but NO COMMERCIAL DEVELOPMENTIII We also have two children who attend Oak Ridge Elementary, and are very concerned for their safety should this unwanted development occur. Johnny Cake Ridge Road is already busy enough with many speeding drivers. Adding a commercial site with several types of businesses is not a sustainable option, and would certainly make matters much worse. We strongly urge you to deny the developer's proposal for a commercial site, and consider allowing residential building in our neighborhood. Sincerely, Mr. R e ma Ms. e y W y poa an TOTAL P.02 6129149569 FILE No. 440 11124 '99 14:54 ID:NABISCO NPLS REGION 6129149569 PAGE 2 Shea, Vicki - -- - -- --- — — - — -- — -- — -. From: Shea, Vicki Sent: Monday, November 22, 1999 2:07 PM 70: 'jsegal®Juno-Coro'; 'jsegal(Mworldnett.att.net'; 'huusko001tgIc.umn.edu'. gale.arider son(Mjuno.corn': 'arneritiIley(M earth lin k-net', 'margaretlilleygstate-mn.tisa' Subject: FW: URGENT...........Diffley Plaza Meeting............. November 2 3, 1999 importance: High Dear Mayor Awada, City Council Members and Advisory Planning Commission, t_saconc t �s voj.a.f�N�l_the ..i2f ...P_laz .P_h' We too live less than 50 feet away from this proposed development. As far as I can see, the develops 81 tasn't listen shmenanytthi has failed to dneighboo so Please thas durn the proposed pla. The planning n down1 advised g oil( hire to eliminate the 13 Craig and Vicki Shea 1709 Brant Circle Eagan, MN 55122 (651) 686-5274 -----Original Message----- From: Schram,Chris ISMI P.CschramCworkspacedci.coinl Sent: Monday,November 22, 1998 1:40 PM To: 'Rosenei BIII'.'Rosener,Maureeii;'Servais. Chris&Donna'; Shea,Vicki Subject FVV:URGENT........_ Uiffley Plaza Meeting. ._._. .November 2 3, 1U99 > ------ From: Schrarrl, Chris > Sent: Monday, November 22, 1999 12:02 PM To: m 'jsegal@junu.co '; 'jsegal(gDlNorldnett.att-net'; > 'huusko001 gtc.urnn.edu'; 'gale.andersonfniuno.coi > 'arneritilley®earthlink-net'; 'rnargarettiiley(gstate.rrin.usa' > Subject: FW: URGENT.—..... .Ditfley Plaza > Meeting. ....._....November 23, 1999 > From Schram, Chris > Sent: Monday, Novernber 22, 1999 10:39 AM > To: 'City Council Members' November > Subject: URGENT-...__. ,Diffley Plaza Meeting...... > 23, 1999 > Dear Mayor Awada, Cily Cnurlcii Members and Advisory Planning Commission, > NOI NOI NOI Please Vote NO to the proposed plan of Diffley Plazal We live less than 50 feet from the proposed development. > We supported the first plan of this development by writing a letter > supporting it, but the new proposal goes AGAINST everything that was good > about the first plan. > The developer did exactly the opposite of what he was Suppose to do He did not eget back together with the WHOLE neighborhood to come to > a compromised solution > . el did meet with ONLY lo neighbors that were totally opposed to any > developmorlt going in, behind the rest of the neighbors backs. He did riot communicate to the WHOLE neighborhood the new planned I 6129149569 FILE No. 440 11/24 '99 14:54 ID:NABISCO MPLS REGION 6129149569 PAGE 3 > development He clearly has ms, which it a more dense plan than terelp�nesltharyis the > (2} two stu+y structureadding h are much closer'to property > first plan. He clearly has put in a "CHAMPS type" facility last t1�iTteharte PdoPs ructed > which the planning commission did not app' > him to eliminate any such business. > ome gest Supporters of his > Shame on this developerao a9llwithsanother deverinpmenl fiirn.. - this > velopent_ Let's try > developer cannot be trusted to ©xecute a plan that would work for our dem > neighborhood community. > Shame on 10 of my neighbors wtto kept any information and or cornin th c:aUnn > that they received to themselves sand excluding the other 55 homes in the > neighborhood. this deve Shame on us for tnevelopmc'ng `nt in orde th his lto execute a plan that we urt 1 be > supporters of the d > acceptable. > Please turn this proposed plan DOWN1 Vote NO1 > MICK and Chris Schram > 1713 Brant Circle > Eagan, MN 55122 > (651)886-8995 2 11/22/99 12: 11 FAX 12 343 3852 DAYTONS COMM. INC 002 I i Schram, Chris I i- From: Schra�, Chris Sent: Mondiy, November 22, 1999 10:39 AM To: 'City C:)uncil Members' Subject: URGE:IVT...........Diffley Plaza Meeting.............November 23, 1999 i Dear Mayor Awada, Clty Council Members and Advisory Planning Commission, I NO! NO! NO Please Vote NO to the proposed plan of Diffley Plaza! We live less than 50 fef.-t from the proposed development. We supported the first Elan of this development by writing a letter supporting the it, but the new proposal goes AGAINST everything that was good about the first plan. The developer did exac:tl the Opposite of what he was supeose to do: : e did snot ggetbac oge her with the WHOLE ne-ig-libor-hood to come to a compromised conclusion. • He did meet with CI'NLY 10 neighbors that were totally opposed to any development going in, behind the rest of the neighbors becks. • He did not commupicate to the WHOLE neighborhood the new planned development • He clearly has made it a more dense plan than the previous by adding (2)two story structures,which are much closer to proF)eriy lines than the first plan. • He clearly has put in a "CHAMPS type"facility on the property, which the planning commission did not approve last time, ,Ind instructed him to eliminate any such business. Shame on this developer to lose some of his biggest supporters of his development. Let's try again with another development firm........,!this developer cannot be trusted to execute a plan that would worts for our neighborhood community. Shame on 10 of my nilghbors who kept any information and or communication that they received to themselves and excluding the other 55 homes in the neighborhood. Shame on us for trusting that this developer would work closely with his supporters of the development in order to execute a plan that%yiould be acceptable. Please turn this proposed plan DOWN! Vote NO! Chuck and Chris Schrai-n 1713 Brant Circle Eagan, MN 55122 (651)686-8995 Page 1 6123433852 => CITY OF EAGAN ,TEL=6516814612 11/22199 13:10 Zo'd -1d101 Date: November 22, 1999 To: Members of the Eagan Advisory Planning Commission Via facsimile: 651-681-4694 From: Roxane& Robert Helstrom 1701 Brant Circle Eagan Re: Diffley Plaza You have heard the sentiments of the neighbors who live near the proposed Diffley Plaza and by now, we are certain you understand the passion we feel in imploring you to vote against this development_ The developer has not addressed our concerns (light, noise, safety,traffic, smells, alcohol sales) in his revised plan, and has shown incredible arrogance by increasing the density of the development. This intense use of the property was not contemplated by the city in their land use plan; why is it a good idea now? It boils down to a decision to preserve the quality of life in our comfortable neighborhood or line the pockets of property owners who, as we understand, do not even live in Eagan. We are not asking that the Iand remain undeveloped,just that the needs of the adjacent community (and the concerns listed above) be considered. Thank you for your interest in this important matter_ ZO/FO'd 2989 Bev ooe T 063S 3ONdNId 003SN00 9b:2T 6661-Z2-SON 2999 Bev Bob t 6129399670 01/02/1995 00: 26 6129399670 CATAPULT PAGE 02 November 22, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposed Development Diflley Plaza, Case#: 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members and Advisory Planning Commission: I am writing this letter to voice my opinion regarding the revised proposal for Diffley Plaza. The proposal seems to be taking a turn from bad to worse. I am having a hard time trying to comprehend how or why a development company can completely ignore all the suggestions made by the city and its residents. One of the main concerns voiced by everyone was the density and the size of the development. The revised pians call for almost double the original square footage and an even greater density. Another major concern was the proximity and separation between the residential areas and the development. They now are proposing an even bigger wall of major commercial building along the entire length of the development. My two main concerns and requests regarding this development both revolve around consistency. First I ask that what ever the zoning and comprehensive planning guide get changed to that it is a consistent zoning throughout this development. If you think it should be neighborhood business then make it neighborhood business and only neighborhood business. The whole idea of making it a planned development and opening it up to all sorts of business seems to be the major issue and concern. It is this uncertainty that makes everyone very nervous and puts the city at the most risk for what might go into the development. Please don't open the door of unlimited possibilities and endless negotiations by making this a planned development area. The second concern regarding this development and consistency revolves around the city of Eagan acting in a consistent manner when it come to fitting these types of developments into a neighborhood. We knew this land would be used for commercial purposes when we built our home and it was a concern. However, after talking with several people including builders, developers, real estate brokers and people from the city itself our concerns were put to rest. In talking with all of these folks and after a thorough investigation of other areas in Eagan we came to the conclusion that whatever was to be developed there would be done in a professional, aesthetic, and consistent manner as it was with the rest of Eagan. This development as proposed violates everything about the quality of life issues that our city has been known for. It encroaches and intrudes on our neighborhood more than any of us could have ever imagined. To an extent I am not going to concern myself with what the development contains. I will leave that you and the folks who know best. I will ask that you please take a stance on how this development fits into the community and that you require more separation or a better transition area. 6129399670 01/02/1995 00: 26 6129399670 CATAPULT PAGE 03 When we moved to the Twin Cities 4 years ago we looked long and hard at several of the surrounding suburbs. After a tremendous amount of thought and planning we choose Eagan as the place for our home and the place to raise our young family. We did this for a number of reasons including great schools, wonderful parks and green space,beautiful residential areas, and the people. Eagan was one of the only cities that seemed to be more concerned with the quality of life versus the quantity of business. This is what makes us a community and not just another suburb. Suburbs with strip malls and fast food are a dime a dozen but beautiful caring family communities are a rare treasure and dwindling away faster and faster. Our neighborhood will have to worry about the loose of beauty, the noise, the smell, the traffic, the light pollution, and kids crossing the street to our school, but in the end it will be Eagan that will lose. You have worked very hard and successfully to build an outstanding community. You may not get the outward recognition that you deserve. You may only get angry letters from people opposing developments but know that your efforts are successful and very much appreciated. Please help us preserve what you have so successfully worked for and attained. Remember people live here for a reason, please don't take that away from us. Thanks you for your time and consideration. Sincerely, Scott, Maria, Erika and Madison King 4283 Gadwall Court Eagan, MN 55122 r- `fC.c,3 lubticl�- c.) 4-v c-e� 1 ti�� 410 4-b QItau a -L, u, Uti � 1 cQe � Oa&- _ S2-4ucrr4 November 21, 1.999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Plaza" Proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Awada,_City Council.Members and Advisory Planning Commission: I am writing this letter with my wife to express our concerns over the proposed Diffley Plaza Development. After attending the last meeting with the advisory planning commission,it was my understanding that the developer would meet with the adjoining neighbors and reach a compromise. I have reviewed the developer's new proposal and fail to understand how this is a compromise. The new proposal has the same density of development. It continues to contain the most objectionable component, the "sports bar/ restaurant with liquor license." I continue to fail to understand how this project will not increase the traffic and accidents at the nearby school. We as a household in the Mallard Pond neighborhood continue to be against this development as proposed in the "revised"edition. Sincerely, D. Ross & Evelyn Kase Dickson 6123468632 ent By: Dun & Bradstret; 6123468632; Nov 22-99 10:33AM; Page 2/3 November 19, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Fagan, MN 55122 Re: Diffley Pla7.a Proposed Development Case no. 28-PS-19-08-99 Dcar Honorable Mayor Awada, City Council Members And Advisory Planning Commission: We continue to oppose the Diffley Plaza Developuyunl.The new revision unsatidactoriiy addresses the Concerns voiced by the neighbors and commission as discussed at the September 28m meeting In our opinion,the new plain is worse than the initial plan----a plan that we also opposed. At the September meeting the developer was asked by the commission to work with the neighborhood to integrate the concerns of both the commission and the neighbors. Our phmary legitimate concerns regard safety. traffic. crime,noise.and the denseness of this plan. The developer failed to downscale the plan.In fact,it is even more dense than before. With overall increased square footage and 2 story buildings close to property lines. The developer failed to move the development north,closer to Diffley and to create more of a barrier between the buildings and the residents. The developer's idea of creating a barrier is to put 2-story buildings all along the property lines. We are personally affected and displeased with this change.Our home is lot#8 on the site plan. The new plan shows a 2-story senior housing building only 50 feet from our property line and it takes up the entire length of our property line. We were not opposed to the daycare previously located in that area based on the fact that the beret shielded most of the daycare from our view. Please note that in respect to the daycare location we asked only that the developer move the playground away From the property line in consideration of the noise factor.The reason for moving the daycare as stated by the developer was that he did not have anything to replace the fast food restauratti off of Johnny Cake Ridge and that the daycare would solve that dilemma. In addition please note that because we spend 90%of our time in the back part of our home(deck kitchen, general eating area,dining room, family room,bathrooms and bedrooms)our view with the new planned development would be a mass of concrete with literally no privacy anwailable. We have no objection to senior housing but the scale and location are highly offensive to us in regard to privacy and proximity to our property line.__HOW IS THTS AN IMPROVEMENT FOR US7 Also, the senior housing will not be"affordable"according to the developer_ IS THUS IN THE BEST INTEREST OF THE CITY'S SENIOR RESIDENTS'?WE THINK NOT H The developer d,ecrcascd the:retail center by removing the"sports bar",however he added a restaurant that would likely have a liquor license. The developer stated possibilities for the restaurant to be an Olive Garden or Red Lobster.Thesc are"destinstion"restaurants which arc not appropriate near residential neighborhoods or schools. The developer constantly replies to our concerns with the answer----hc can't make his plan work to his financial benefit if he tries to satisfy the objectives of the commission and neighbors. If the developer can't 6123468632 ent By: Dun & Bradstret; 6123468632; Nov-22-99 10:34AM; Page 3/3 integrate his plan better with the neighborhood then the development simply doesn't belong in this location (his plan is better suited ror an area like Yankee Doodle and Pilot Knob). We feel a"Planned Development'zoning does not belong in this location bordering neighborhoods and nearby schools. A Planned De-,relopmcnt is ton risky for residential and school areas because it can allow business such as sports bars.restaurants(including Cast food and with liquor licenses),and gas stations as the city.stat,cd under the"conditional use"policy by Businesses such aq these make neighborhoods vulnerable to increased traffic.crime and other concerns which arc not compatible with neighborhoods and whcx>ls- The City rezoned the land on which we live as residential years ago. We feel it is the city's responsibility to retrain consistent and to assure that the vacant adjoining land is compatible with the neighboring land.The City should be concerned with its residents rather than a developer who just wants to financially pmt without fall consideration of the impact on the community. Please vote no on Dif cy Plaza. Joe and Collecn Wagner 4277 Pintail Court Eagan,MN 55122 (651)405-0805 November 19, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Plaza" Proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members and Advisory Planning Commission: This letter is to voice our opposition to the proposed Diffley Plaza development referenced above. We oppose the development very strongly on 2 major points: 1) The proposed development will be very dense, will pull traffic off 35E, and few of the businesses add any value to the existing community. The character of the neighborhood is a quiet, residential neighborhood. Adding businesses to benefit people not from the neighborhood seems inappropriate. The existing business developments along Cliff Road in Eagan already provide us with ample access to shopping and needed services. There seems to be little need to insert more of the same into an existing residential neighborhood. 2) We are very concerned about the safety of our children. The proposed development will bring heavy traffic to the route used by our children to get to and from Oak Ridge Elementary School. We use the school and adjoining park during school days, evenings, and weekends. This proposed development would likely result in no safe way to allow our children to get to the school or to the park. We hope you will seriously consider the issues presented above which are the basis of our opposition to the proposed Diffley Plaza development. We hope that you will consider a re-zoning of the property that would allow for fair use of the land but would protect the integrity of the existing neighborhood areas. We trust you will make a decision that represents the best interest of the impacted neighborhoods and residents and maintains the high standards and integrity of the City of Eagan zoning policy and Comprehensive Guide Plan. Sinc rely, Scott and Krystyne Supplee 1708 Brant Circle Eagan, Minnesota 55122 Phone: 651-683-9822 651 222 1055 11/22/99 15:26 FAX 651 222 1055 MINNESOTA WILD Z001/003 Nlovember 19, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Plaza Proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Awada, City Counci I Members and Advisory Planning Commission: This letter is to voice continued opposition to the proposed Diffley Plaza development referenced above. Recently,the developer submitted a"revised"proposal for the Diffley Plaza development. We find the"revised"proposal does little to address the concerns of the neighborhood. In fact, all of the core issues brought up by the neighborhood group and the Advisory Planning Commission(APC) still exist in the revised plan. These core issues are summarised below: 1. Density, Activity Level and Profile of the Proposed Development: The original and "revised"proposals are both high-density, activity-intensive commercial developments that will dramatically impact surrounding residential neighborhoods and change the overall character of the area. The input that has been provided to the developer by the neighborhood group (and the APC members at the September APC meeting) is down-scale the proposed development and change the profile to fit into the existing character of the surrounding residential neighborhoods. Specifically, the neighborhood group has objected to the gas station, fast food, sit-down restaurant with alcohol license and any other businesses that draw customers outside the local neighborhood area. Compared to the original proposal, the `revised"proposal has the same profile of businesses(retail, fast food, gas station, sit-down restaurant with alcohol license, etc.), more buildings' area gross, less green area and two new massive two-story buildings. The problems of light, smell and noise pollution still exist. The developer seems intent on maximizing the revenue producing capability of the proposed development without consideration of the input of the neighborhood group or APC members on the issues of density, activity level and appropriate profile and fit of the proposed development into the existing residential area. 2. Excessive Traffic on Diffley and Johnny Cake: The physical/geographical configuration of 35E,Diffley and Johnny Cake will not support a high density, activity-intensive commercial development. Diffley Road, the logical main entry and exit road to and from the development is a divided road with a center median in front of the development. Traffic coming to the development from 35E will be able to enter the development from Diffley but not exit the development on Diffley to go back to 35E except by making a"U" 651 222 1055 11/22/99 15:26 FAX 651 222 1055 MINNESOTA WILD Z002/003 Community Development Department November 19, 1999 Page 2 tum on Diffley(east-to-west) or exiting on Johnny Cake and back-tracking to Diffley. Traffic coming to the development from the north on Diffley will have to enter the development on Johnny Cake and exit on Diffley. This traffic pattern will significantly increase the volume on the Diffley/fohnny Cake intersection that is already a congested intersection with the opening of the new Pulte development to the north. Jf the congestion on Diffley described above occurs, Johnny Cake can be expected to absorb a significant component of the traffic flow generated by the development. Johnny Cake is not designed to accommodate such a significant increase in traffic flow_ It is a residential road that passes Oak Ridge Elementary School '/< mile from the development then winds south through residential neighborhoods until intersecting with Cliff. The proposed development will have the dual impact of producing major traffic/congestion problems on Diffley between 35E and Johnny Cake and turning Johnny Cake into a major thoroughfare that it was never intended to be- 3 e_ 3. Safety for Children Attending Oak Ridge Elementary School: This is the most important core issue of all. The proposed development is 1/4 anile away from Oak Ridge Elementary School located on.Johnny Cake. As discussed above, a significant component of the traffic entering and exiting the proposed development will flow past Oak Ridge Elementary School on Johnny Cake. As parents of children attending Oak Ridge Elementary School, this is a frightening prospect. The safety of children going to and from school during the school day, after school and on weekends is a top, overriding priority for everyone. It's not just the children attending Oak Ridge School who will be at risk. Children of all ages and adults use Oak Ridge School's playground and other facilities every day. The proposed development with its high-density, high-activity-level business profile and resulting high-volume traffic flow will put Oak Ridge School students and all children in the neighborhoods adjacent to Johnny Cake at risk. The developer might choose to ignore this safety issue to children but parents, resident and the APC cannot. Crime is another issue on our minds. Eagan Police statistics show that strip malls can be a hot bed of crime. All of the strip malls near us have reported numerous crimes in the past year. With the proposed development adjacent to our property—the strip mall itself just 54 feet from our property—we are very concerned about our young children's' safety. 4. Similar Zoning Precedents: In the past year, the APC has rezoned the land to the north and east of the proposed development single family residential. The land to the south of the development (Mallard Ponds) was rezoned single family residential five years ago. In each of these recent rezoning decisions by the APC, the considerations included fit with surrounding area, traffic/congestion, safety, etc., which are the same core issue that apply to this case. Given the recent single family residential rezoning decisions by the APC on the land to the north, south and eat of the site of the proposed 651 222 1055 11/22/99 15:27 FAX 651 222 1055 MINNESOTA WILD 0003/003 Community Development Department November 19, 1999 Page 3 development, we wonder why the APC is even considering the proposed development at all. If the APC considers the proposed development at all, it needs to be with the same consistent thinking and considerations that led to the previous precedent-setting single-family rezoning decisions. Nothing has changed in the residential makeup and profile of the area surrounding the site of the proposed development since theses recent decisions were made to justify the APC considering the proposed Diffley Plaza development. The proposed development doesn't fit the current residential neighborhood profile and character and this is why there is so much opposition. We hope you will consider the four core issues present above, which are the basis of our opposition to the proposed Diflley Plaza development. We trust you will make a decision that represents the best interest of the impacted neighborhoods and residents and maintains the high standards and integrity of the City of Eagan zoning policy and Comprehensive Guide Plan. Sincerely, (I; Bill and Beth Robertson 4277 Gadwall Court Eagan, TMN 55122 Phone: (551) 681-9700 Robert Gage & Cynthia Swan 4284 Gadwall Court Eagan, MN 55122 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 November 19, 1999 Dear Advisory Planning Committee Members, Honorable Mayor Awada, and City Council Members: We understand the proposed development known as "Diff ley Plaza" will be reconsidered by the Advisory Planning Commission on November 23rd. We wrote before in opposition to the original plan, and have since met with Mr. Gallagher twice and reviewed his new proposal. We write again in strong opposition to this "new" proposal. In no way does this proposal meet the purpose of a planned development as found in the city code. This proposal has nothing to do with creativity; it has everything to do with the desire to maximize profits without regard to the safety, crime, traffic, and congestion issues that naturally arise when one proposes to build a shopping center in the middle of a residential neighborhood. There are other commercial land uses, such as limited use and neighborhood business, that are designed to coexist with a residential neighborhood. This development is neither, and is being_presented as a planned development so that the developer can put in an alcohol-serving restaurant, fast food, a large gas station, and two-story buildings, all uses that are not permitted or are conditional only under the other commercial designations. Nowhere in all of Eagan is there a comparable development in the heart of a single-family residential neighborhood. Police-kept crime statistics for Diff ley Commons, across 35E, indicate what we can expect if this plan goes forward. The Conoco/Tom Thumb station by itself had eleven suspicious activity calls, a drug call, a damage to property call and a burglary in 1999 alone. We are parents and we are particularly alarmed by the threat this development poses to our children's safety. The safety of all the children in the neighborhood, as well as those attending Oak Ridge Elementary, is also threatened by the obvious traffic problems. Johnny Cake Ridge Road, which narrows to two lanes between Diff ley and Cliff roads, would carry new levels of traffic directly past the school. The curious route required for anyone to enter "Diff ley Plaza" from and return to Interstate 35E would not be efficient. It would duplicate in reverse the odd flow enforced at Diff ley Square just across the freeway from "Diff ley Plaza." Since "Diffley Plaza" is clearly designed to pull traffic off the interstate, we fear that many of those drivers may be concentrating on getting back on the freeway, and not on the presence of children or others. The potential for accidents and the inevitability of traffic back-ups is obvious. It is also obvious that the difficulty of access to Diff ley Square has not contributed to the prosperity of that particular center, as it constantly has space available. A few months ago, the Commission recommended and the Council approved a rezoning of land at the northeast corner of Diff ley and Johnny Cake from roadside business to single-family residential, citing safety, traffic, and noise problems. The development proposed for that parcel was far less dense, with far less commercial use, than the one put forward here for land just across the street. The very same factors exist here and mandate a "no" vote on this proposal. The crucial question is whether this proposed development is appropriate for the neighborhood. We can see no way that it can be. We ask you to reject this proposal, and we fervently hope that this land will be rezoned to better meet the needs and desires of the city's citizens. Sincerely yours, Robert Gage and Cynthia wan 4284 Gadwall Court November 19. 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: "Diffley Plaza" Proposed Development Case No. 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members and Advisory Planning Commission; I am a resident of the Wexford neighborhood and am writing in response to a development proposal entitled "Diffley Plaza" to be located near Diffley Road and Johnny Cake Ridge Road. The proposal, even as most recently revised by the developer, is incompatible with the surrounding neighborhoods and would bring a level of commercial activity and traffic well in excess of what the road system can reasonably support. I am familiar with the first proposal made by the developer and the revised version most recently submitted for approval. The revised version does nothing to respond to the concerns of the community. It continues to involve high-density, high-traffic commercial activity which would have a substantial negative impact on the surrounding residential neighborhoods and would inevitably change the character of the community. The proposed businesses are obviously designed to attract customers from well beyond the local community and are not consistent with neighborhood business needs. In particular, I am concerned with the likely impact the proposal would have on the traffic volume in the area and the practical limitations which the road configuration places on that volume. The intersection of Diffley Road and Johnny Cake Ridge Road simply cannot accommodate a large increase in traffic related to a dense commercial development. The traffic flow pattern which is likely to develop would increase congestion, raise safety concerns at the intersection itself and divert large volumes of through traffic onto residential side streets. I hope you take these issues into consideration as you review the proposal and urge you to reject it as inconsistent with the needs of the community and the city. Sincerely, Tim Carlin 4279 Wexford Way Eagan, MN 55122 Tel. 651-681-0731 November 19, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Plaza Proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members And Advisory Planning Commission: This letter is to voice concern regarding the Diffley Plaza Proposal. The revised proposal is not consistent with neighborhood business commercial zoning codes. As elected officials, we as Eagan residents, rely on you to make sound decisions in our interest. We believe that it is a reasonable expectation that the Diffley Plaza Development be voted down due to the inconsistency in zoning regulations a twenty-four hour operation has adjacent to residential property. A yes vote would constitute the failure of the city of Eagan to insure proper zoning controls and betray the integrity of the current residential profile. Sincerely, C42r_ Jim and Heide Burger 4291 Gadwall Court Eagan, MN 55122 November 19, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Plaza Proposed Development Case 9 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members, and Advisory Planning Commission, We are writing to make you aware of our continued opposition to the proposed development, Diffley Plaza, as referenced above. Allow us to outline some of the more intense issues: 1. Safety of the children attending Oak Ridge Elementary and Blackhawk Middle School 2. Unsafe traffic levels of Diffley and Johnny Cake Ridge Road 3. Proposed development density, activity level, and profile 4. Zoning 5. Very adequate area services available 1. Safety of Eagan's children and adults would be jeopardized unnecessarily by allowing this proposed development to be constructed only 1/4 mile away from one of Eagan's elementary schools, Oak Ridge Elementary. Activity by children and their families is great in this area because of Downing Park and Oak Ridge School playground facilities, walking/biking trails, and athletic fields. These are things the City of Eagan, its planners, and residents have prided themselves in over the years. Please keep in mind that there are children attending Blackhawk Middle School who also use this route to walk and/or bike to school. 2. Johnny Cake was never designed to accommodate the amount of"through-traffic" that would be generated by the proposed development. Please consider the amount of traffic added to Diffley and Johnny Cake with the Pulte Development. To add a development of businesses to the same intersection would be highly dangerous. The configuration of Diffley, Johnny Cake, and 35E, doesn't accommodate a high density, activity intensive business development. 3. During the September APC Meeting, the developer had agreed to revise the proposal and address issues of density, activity level, and appropriate profile to fit a proposed development into the already existing residential neighborhoods. The new proposal that the neighborhood was shown by the developer totally disregarded that request and instead increased square footage from 69,325 to 127,163. Specifically, Carla Heyl stated that the scope of this proposed development needed to be down sized. Adding square footage clearly doesn't accomplish that goal. 4. Business/commercial development on this land is simply not conducive with previous area zoning, and construction of residential neighborhoods. Based on the limited land left available in this part of Eagan,we believe zoning for single family residential housing would be a better fit with the surrounding neighborhood areas. 5. Our existing neighborhoods, including the new Pulte Development, currently have 3 retail business centers within under one mile, offering multiple choices of gas stations, fast foods, drycleaners, hardware stores, convenience foods, drugstores, daycare facilities and insurance companies just to name a few. Thank you for considering these critical issues and safety of our neighborhoods. Sincerely, Stephen and Karen Konsor 1588 Wexford Circle Eagan, MN 55122 Phone: (651) 688-8737 612 835 7890 NOV.23. 1999 11:32AM COMPUWARE CORP NO.370 P.2 November 19, 1999 Mayor and City Council City of Eagan, City Hall 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mayor Awada and Council Members, We are writing to you again today,about the proposed re-zoning and commercial development of the now vacant property bounded by the Mallard Pond neighborhood,Johnny Cake Ridge Rd., Diffley Rd. and the northbound 135E off ramp at Diffley Rd. This coming Tuesday the 23rd, the Advisory Planning Commission will be taldng up this matter again in a public hearing. We will be attending this meeting along with my neighbors from Mallard Pond, Wexford and hopefully some of the buyers of property in the new Pulte development north of DiffYey Rd. We will be attending the meeting to voice our deep and continued opposition to the subject re-zoning and commercial development plan. Following this letter you willfind attached, a copy of the recent latter that we have sent to the members of the Advisory Planning Commission. We ask that you consider it in your deliberations, especially as regards the quality of life issues. We ask too, that as this matter comes to you for a vote, that you cast your ballot with us, the neighbors and citizens of the area and vote no on this re- zoning and development. If you have questions of us in this matter, please feel free to contact us at the address and phone number below. We thank you for your time, consideration and effort on our behalf and we look forward to seeing you all very soon. Respectfully Yours _ R. Michael and Tamara Higgs 4299 Pintail Court Eagan, MN 55122 651-688-8670 Xc: RG, CS, BB, Rev. RS. 612 835 7890 NOV.23.1999 11:32AM COMPUWARE CORP NO.370 P.3 November 19, 1999 City of Eagan Advisory Planning Commission Members Carla Heyl, Greg Steininger, Gary,Huusko, Gale Anderson, Larry Frank, Jerry Segal, Meg Tilley, Ron Miller Re: Diffley Plaza, Case No. 29-PS-19-08-99 Dear Commissioners, I 'm taking this opportunity to join with my neighbors, other Eagan residents and people who work in our community to write to you again, with regard to the proposed "Diffley Plaza" development. Over the past two months our neighborhood group has met with the developer and amongst ourselves to achieve a more palatable solution for the use of the subject property. Last week Mr. Gallagher met with the neighborhood group to take us through his revised plan. For my part, the revisions are simply unacceptable to us as a group, an offense to the city ordinances, a smear on the city landscape and an eyesore to my neighbors whose homes would look out on an office building, apartment complex and shopping facility. We as a group were appalled that The revisions reflected such bad faith and lack of consideration for the neighborhood and the message the APC charged us all with at the meeting in September. We ask each of you to take a drive south, along the new section of Johnny Cake Ridge Rd. between Deerwood and Diffley Rds. As you approach Diffley Rd near the Oakbrooke development's pond and gazebo, look across the landscape to the south and you will clearly see through the leafless trees the homes of Mallard Pond. Please take a moment to imagine this proposed "development" impeding that view. Then imagine that you are in the Leeder's or Wagner's or Schram's homes and think about what you would see. Think about the elevations. Think about not being able to take a swim comfortably in the Schram's dream pool because office workers are looking into the backyard and a fence can't be built high enough. The Christmas tree that usually sat by the door to the deck looks ridiculous with a fast food sign glowing a couple hundred yards behind it. These are real considerations for us as families and citizens. Not to mention all the other tactile issues already brought to the fore, traffic, noise, safety, the proximity of both the Deerwood/Blackhawk and Oak Ridge schools and the rest. 612 835 7890 NOV.23. 1999 11:33AM COMPUWARE CORP NO.970 P.4 This is our neighborhood, our city, our home. We cannot in good conscience let this development ruin the character of what has been so painstakingly engineered and built with our hearts by not speaking up. We do not need, as individuals or as a city, the Diffley Plaza development. So once again, we thank you for your consideration of this letter and beseech you to vote to recommend to the City Council that they deny this application. We look forward to seeing you all November 23rd. Respectfully Yours R. Michael and Tamara Higgs 4299 Pintail Court Eagan, NTN 66122 Xc: PA, PB, BB, PC, SM, RG, CS November 18, 1999 Subject: Diff ley Plaza - Case Number 29-PS-19-08-99 Dear Sir or Madam: This evening I received a copy of a proposed site plan for "Diff ley Plaza" Case Number 29-PS-19-08-99. After reviewing the site plan and realizing where the designated area lies and looking at the many areas to be impacted, I was dumbfounded to think that our planning commission would even consider such a use for this area. One of the comments we have heard repeatedly was " our APC has done such an excellent job of retaining trees, green spaces, and residential areas that conformed to the lay of the land." We have lived in Eagan for 4 2 years and have nothing but praise for our city government and the guidance you have given its growth. In this instance we encourage you to vote NO to this proposal. We live far enough away that this high density development will not affect our home but the increased traffic on Diffley and Johnny Cake certainly will create problems for us and for our neighbors. Please consider this proposal very carefully and again we request you vote NO. Thank you, Bill and hinny Klingner 4391 N. Woodgate Lane Eagan, Minnesota 55122 651-681-5726 JX/ 1 c/ F s ` November 18, 1999 Paul Leeder 4288 Gadwall Court Eagan, MN 55122 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 RE: "Diffley Plaza" Proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members and Advisory Planning Commission: This new version of the planned Diffley Plaza development is not acceptable. You have undoubtedly received many letters identifying several concise points why this plan should be rejected. I agree with those issues raised by other citizens but in this letter I want to focus on the recommendations the Advisor Planning Commission (APC) made to the developer in September. The reasonable solutions 1 describe are my own opinion. I speak only for myself. I took careful notes at the APC meeting in September and heard Commissioners inform the developer that: ➢ This amount of retail space was too intense for this location ➢ Gas stations and restaurants are not permitted in neighborhood businesses ➢ Sports bars absolutely do not belong in a residential neighborhood ➢ The retail center should be moved north and the berm built up—don't add more parking ➢ There should not be any 24-hour businesses Here it is November and the developer is presenting a revised plan that has not addressed the issues and has not followed the APC direction. I can state five reasons to reject this plan and offer five reasonable solutions to fix the problems. 1. Please reject this plan because it is too dense for the area. The APC directed the retail center to be moved northward. It also found it to be too large for this area. Unfortunately the developer did not follow this direction from the APC. The retail center was INCREASED in size from 21,600 sq. ft to 27,200 sq. ft. A reasonable solution is to reduce the number of outlots and the size of the retail center. Also move the retail center north to extend the distance between the residential property and the retail center—providing a larger berm in the new area. 2. Please reject this plan because it contains a restaurant. Restaurants are not permitted as part of a neighborhood business. Further, this restaurant would have a liquor license. This restaurant could and most likely would become a sports bar. The developer said so himself in September. Sports bars themselves are more than a restaurant—they are destination sites for entertainment. That does not fit in this residential area. The APC said so in September. I don't think it would be possible to accept this plan and write a conditional use statement that would prevent a sports bar. A reasonable solution is to allow a restaurant but not a liquor license. A restaurant that could be a morning gathering spot for the neighborhood such as a Perkins, Bakers Square or Denny's would be a compromise. (These would not be 24-hour restaurants and a conditional use statement could govern the hours of operation.)Although this type of restaurant may be less lucrative for the A i developer as sports bars today are one of the highest profit margin restaurant types in the industry it would be a compromise that may move the plan forward. 3. Please reject this plan because it contains a gas station. Gas stations are not permissible as part of a neighborhood business. This may be the most difficult correction for the developer to make, as the gas station is the moneymaker for the developer, which will offset the initial losses created by the retail center. Consequently, despite direction from the APC to reduce the size and make it less obtrusive the developer has actually INCREASED the square footage of the gas station from 4835 sq. ft.to 5035 sq. ft. A reasonable solution is to reduce the size to two islands. The roof covering the pumps should not be lit on the faces to reduce light pollution. The elevation drawings were not provided for the gas station but the building should be of the same materials and form as the retail center. Also a conditional use permit should specify hours of operation are 5 a.m. - 12 a.m. —essentially the same hours as the Thomas Lake Texaco. Finally,the store should be fully outfitted with surveillance cameras to protect the employees and deter crime. 4. Please reject this plan because it has a fast-food restaurant. Fast-food restaurants are not neighborhood businesses. A reasonable solution is to simply eliminate this fast-food restaurant. The elimination will probably be necessary anyway when the retail center is shifted north. The loss of parking spaces can be partially offset by eliminating the need for more—caused by the fast-food restaurant—and by using that outlot's space for more parking. 5. The emergence of a building for Senior Housing was a surprise. In the first plan the daycare was acceptable and the only requested change was to move the playground to the other side away from the residential property. Elevation drawings were not included in the packet mailed to the residents but I suspect the building will loom over the adjacent homeowners backyards and reduce their level of privacy. Further when the daycare was moved it was reduced in size and is now surrounded by driveways, parking lots or roads. I doubt that a building in this environment will be leased by the upscale Kinderberry daycare center. Please reject the plan because again the area is too dense and the placement of the two-story building for housing reduces the privacy of the residential property. A reasonable solution is to place the daycare center where it was on the original plan with the playground away from the residential area. Remember, when the retail center is shifted north the daycare center could also move northward. Alternatively, maintain the Senior Housing but forgo the daycare center. But have the Senior Housing moved north far enough to avoid the loss of privacy to the people living in their homes. I believe this land can be developed so that the developer, the neighborhoods and the City of Eagan can be satisfied. The land does not have to be rezoned residential there can be commercial enterprises here. At the same time the property does not have to be jam-packed with buildings instead there can be more green space and less revenue-generating structures. I believe the recommendations of the Advisory Planning Commission made in September were intended to achieve the City of Eagan's desire to integrate the planned development with the existing neighborhoods. This revised plan does not do this. Please continue to demand that any development is integrated into the existing area. Sin erely, Paul Leeder cc (30 b - C`•47 Thompson, Mark P. v.Fp / From: Thompson, Mark P. Sent: Wednesday, November 17, 1999 9:26 PM To: 'Gallagher, Tom' Cc: 'Swan, Cynthia'; 'Higgs, Michael'; 'Leeder, Paul'; 'Wagner, Colleen'; 'Konsor, Karen' Subject: Response to Revised Proposal from Neighborhood Meeting Dear Tom: Our neighborhood group held a follow-up meeting this week to discuss the revised proposal for the "Diffley Plaza" proposed development. The response and input from open neighborhood meeting echoed the response and input communicated to you during the small-group meeting on November 4. The revised proposal is not significantly different from the original proposal and in several ways, it is worse. The core issues the neighborhood group asked you to address including density/activity level, profile of businesses, excessive traffic/congestion, safety of students attending Oak Ridge Elementary school, and set-backs/buffer zones were barely addressed in the revised plan or not addressed at all. The revised plan still includes a sit-down restaurant with liquor license (thinly disguised as a class "A" restaurant), fast food, a gas station and a "buffer zone" comprised of the back-side of two-story buildings along the entire perimeter of the adjacent residential development just outside the property lines. The neighborhood group considers the revised proposal to be virtually unchanged and just as neighborhood unfriendly as the original proposal that was unacceptable. We have no choice but to oppose the revised proposal. Regards, Neighborhood Group cc: Bob Kirmis City Planning Department G12 310 6386 NOV 19 '99 13:3:3 FR FFS 612 310 6386 TO 96516814694 P.01 A') November 17, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 RE: Diffley Plaza Proposed Development Case No.28-PS-19-08-99 Dear Honorable Mayor Awada,City Council Members and Advisory Planning Commission: I have been trying to write this opposition letter for weeks now without writing pages and pages of points and counter points. It really is tough to write how we Eagan residents'need the city to represent and protect us when developers want to build a plaza while getting the maximum return dollars. Developers don't live here like we do so they build for the greatest revenue for their pocket while they live somewhere else. I live here in Eagan because of the way the controlled and reasonable development has been allowed by the city. Please keep the city development plan in mind when deciding what to allow this developer to build on the south west comer of Johnny Cake and Difticy next to 35E. The Sept.28th developer presentation was not well received by the local residents and to varying degrees by the planning commission. The developer,Tom Gallagher,was told to meet with the residents and work out something agreeable to both sides and then come back to the commission. We residents have met with Tom,walked the south parameter and made numerous phone calls asking for site plan changes. The developer was normally not receptive and many times offensive when talking with people for information or changes. Tom made very minimal changes per our ERADp(Eagan Residents Against Dikfley Plaza)suggestions and chose to totally ignore most of our comments. We found him to not be agreeable or workable unless it meet his wants to maximize dollar return. We have documented our meetings and contacts to show that we have been working for resolution. Where as Tom has not been very accommodating or timely. For the November 23rd presentation please notice the updated site plan that went from bad to worse against the resident and commission requests for neighborhood friendly and fitting in. The buildings area gross went from 69,325 sq. ft to 127, 163 sq. ft giving an increase in density of 57,838 sq.ft or almost doubled in usage size_ The class `A' restaurant,which would allow for a liquor license, is still on the plan against the commission and residents wishes. A East food drive-tliru facility has not been removed. The gas station is still on the site plan with 8 pumps and 4 islands thus generating plenty of additional traffic on streets already to busy. The station has not been removed, reduced or visibly covered over to disguise its visible bluntness. The daycare has been moved north so it now has heavy traffic on four sides of the building endangering child safety. The southern berm has not been widened further north giving the resident houses a reasonable barrier to the back side of the string of buildings with the dumpstcrs of the back side. The residents and commission had asked that the entire south building line be pushed north for a good separation berm_ A 2 story senior housing has been added which is nice but at the cost of patios and windows looking over the berm right into the back of residential housing windows. An office building with a wall of glass windows on the south side will be very visible into the back yards and into the windows of bedrooms and bath rooms of those houses with a separation of about 150 foot of open space with a small but yet slight berm bump_ Some would say the berm and a few trees gives us separation and privacy using some small young trees. In the summer the ]caves help block some viewing depending on how tail and mature the trees are. The winter when trees have lost the leaves it is very clear open viewing into the yards and house windows. i invite any city representatives to come over to the land site and look at the back of my house to get a true view of how this proposed site plan will impact the residents next to the development. Feel free to contact me for my help showing you this by calling work 651-310-3194,home 651-454-6258,cell phone 612-991-2959. i am more then happy to help you see the impact to our lives and yards. A site plan on paper does not give you this reality check. 612 310 6386 NOV 19 '99 13:34 FR FFS 612 310 6386 TO 96516814694 P.02 The ERADp committee has been doing lots of data collection,discussion and contacting other residents. We have petitions signed by many people opposed to the 1 st and 2nd site plan. We plan to make our case at Tuesday November 23rd's meeting but keep in mind that since it is a holiday week many people will be out of town asking us to represent the committees view. We have enlisted the help of the Wexford residents that helped win the land use change of the land at Johnny Cake and Diffley on the south east side which is adjacent to the Diffley Plaza- That land use has been changed to be more neighbor hood friendly and useful. We want the city to make the Diffley Plaza land more useful and agreeable to the Eagan residents that live next to it. Tom is suppose to have marketing and traffic studies available to the commission and us that supports his view that this is a good thing. We wanted a copy of these studies before the meeting but Tom said he will give us a summarized copy the night of the meeting. The funny thing is that a developer of his skill and experience never seems to have things with him when asked about supporting documents. Remember that commission members told Tom to make suggested changes for the next presentation but look at the site plan and you will see he ignored their suggestions and views. Tom seems to think he is in charge of this development and chooses to ignore the commission and resident wants. We have been doing our work like group talks, studies, data collection and we have noticed many problems with the plaza which we can present if asked or given time. We have pulled Fagan police reports for several plaza's in the arca and found that crime such as robbers makes us concerned for the lives of our children if the plaza is built next to us. The school has concerns for child safety during school hours and other hours since a park and playground is located with 1 112 blocks of the plaza on the very busy street of Johnny Cake. Two families that supported the 1 st plan are so mad with Tom and the 2nd plan that they have decided to support our committee of ERADp with opposition of the plaza. We have been working hard to present and have available for your viewing all the reasons why this plaza should NOT be built as proposed. Please remember that we live here and rely on our voted city representatives looking out for our best interests as Eagan residents. I also ask the commission to remember that the present zoning of the land is road side business and how the Eagan city planning wants the land to be neighbor friendly with the existing residential living standards in tnind. The city zoning documents are pretty definite as to what neighborhood friendly is compared to Tom's site plan proposal. If you refer back to the minutes of the September 28 meeting item 02 refers to NB district does not permit gas stations fast foods and has other restrictions. It seems that Tom wants more then the present zoning of neighborhood friendly allows for. Tom is use to making these kinds of proposals and hoping the city members and residents are not smart enough to figure out what he is really trying to build. This is a mistake on Tont's part since we residents are very educated people that will pull our resources together to fight these kinds of proposals for as many years as we need to. The city representatives are use to these tactics and must be seeing right through his presentations, plans and lack of supporting documents . I know the city representatives don't want to hear from 40 or 50 of our committee members versus using just I FRADp representative. Sometimes that is how every one of us gets our personal feelings and points across on something this important and having to live with the resultant buildings for the long term. Thank you for taking time to read this and doing your best job as a representative for Eagan residents. You have a very important job that may at times seem thankless but you are key to Eagan being one of the best communities in the twin cities area. Respectfully Dave, Sandy,Travis&Dusti Berg Household 4287 Gadwall Court Fagan,MN 55122 cc: Bob Kirmis, Carla Heyl,Greg Steininger,Gary Huusko, Gale Anderson, Larry Frank,Jerry Segal,Meg Tilley, Ron Miller ** TOTAL PAGE.02 ** RECEIVED NOV 18 1999 BY: November 16, 1999 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Plaza" Proposed Development Case no. 28-PS-19-08-99 Dear Honorable Mayor Awada, City Council Members and Advisory Planning Commission: This letter is to voice continued opposition to the proposed Diffley Plaza development referenced above. Recently, the developer submitted a"revised"proposal for the Diffley Plaza development. We find the "revised" proposal to be nothing more than a warmed- over resubmission of the original proposal we opposed. Like the original proposal, the revised proposal does not address the core issues presented to developer by the neighborhood group and the APC. These core issues are summarized below: 1. Density, Activity Level and Profile of the Proposed Development: The original and "revised"proposals are both high-density, activity-intensive commercial developments that will dramatically impact surrounding residential neighborhoods and change the overall character of the area. At the September APC meeting, both the neighborhood group and the APC members asked the developer to down-scale the proposed development and change the profile to fit into the existing character of the surrounding residential neighborhoods. Specifically, the neighborhood group objected to the gas station, fast food, sit-down restaurant with alcohol license and any other businesses that draw customers outside the local neighborhood area. Compared to the original proposal, the "revised" proposal has the same profile of businesses (retail, fast food, gas station, sit-down restaurant with alcohol license, etc.), more building square footage, less green area and two new massive two story buildings. The developer seems intent on maximizing the revenue producing capability of the proposed development without consideration of the input of the neighborhood group or APC members on the issues of density, activity level and appropriate profile and fit of the proposed development into the existing residential area. 2. Excessive Traffic on Diffley and Johnny Cake: The physical/geographical configuration of 35E, Diffley and Johnny Cake will not support a high density, activity-intensive commercial development. Diffley Road, the Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 October 4, 1999 Dear Honorable Mayor Awada, City Council Members, and Members of the Advisory Planning Commission: We are homeowners in the Mallard Ponds, Woodgate and Wexford neighborhoods and other concerned Eagan citizens. We respectfully request that the land located at the southwest corner of Diffley and Johnny Cake Ridge Road be rezoned residential single family (R-1), and we strongly oppose the proposed Diffley Plaza development. The land to the north, south,and east of this property is all zoned residential single family. All the adjacent developments are residential. Oak Ridge Elementary School lies a block away. We believe commercial development will bring congestion, greatly increased traffic and undesirable noise and light, adversely affecting the safety of our children and the character of our neighborhood. Commercial use of this land is also unnecessary. Diffley Square stands right across the freeway and Thomas Lake is only a mile away. Both of these developments have gas stations and neighborhood stores as well as empty storefronts and regular turnover. There are retail stores and a gas station at Pilot Knob and Diffley and major shopping centers with fast food, grocery stores, retail stores, gas stations and restaurants-one exit-to.the north_and one exitto the south on 1-35E_ We can see no reason to turn another corner of Eagan into a strip mall. The proposed Diffley Plaza offers nothing that doesn't already exist in close proximity to our neighborhood. We believe that the most appropriate use of the land at Diffley and Johnny Cake Ridge Road is single family residential. We ask that you rezone this property to reflect that use and reject the Diffley Plaza proposal. Thank you. Name Address i- f -� t -2 fn •,� ) '); L t�,_��yr' r y ` J / / / / ! / ! / 1 ! l l / Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 October 4, 1999 Dear Honorable Mayor Awada, City Council Members, and Members of the Advisory Planning Commission: J. We are homeowners in the Mallard Ponds, Woodgate and Wexford neighborhoods and other concerned,Eagan citizens. We respectfully request that the land located at the southwest corner of Diff ley and Johnny Cake Ridge Road be rezoned residential single family (R-1), and we strongly oppose the proposed Diff ley Plaza development. The land to the north, south, and east of this property is all zoned residential single family. All the adjacent developments are residential. Oak Ridge Elementary School lies a block away. We believe commercial development will bring congestion, greatly increased traffic and undesirable noise and light, adversely affecting the safety of our children and the character of our neighborhood. Commercial use of this land is also unnecessary. Diff ley Square stands right across the freeway and Thomas Lake is only a mile away. Both of these developments have gas stations and neighborhood stores as well as empty storefronts and regular turnover. There are retail stores and a gas station at Pilot Knob and Diff ley and major shopping centers with fast food, grocery stores, retail stores, gas stations and restaurants-one exitto the north and one exit to the south on 1-35E_ We can see no reason to turn another corner of Eagan into a strip mall. The proposed Diff ley Plaza offers nothing that doesn't already exist in close proximity to our neighborhood. We believe that the most appropriate use of the land at Diff ley and Johnny Cake Ridge Road is single family residential. We ask that you rezone this property to reflect that use and reject the Diff ley Plaza proposal. Thank you. Name Address i izYz? � L18. l7c.17 A,4e AK . J0 � ` ICADIC4K Dei ✓E". XI Ijjj, ,Il 1 -7 C / -71-4 1_ Irl V-{ �`G JCS_. � '� / �-I� I L f'V WC6�✓ � G�---�. / / / / / Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 October 4, 1999 Dear Honorable Mayor Awada, City Council Members, and Members of the Advisory Planning Commission: We are homeowners in the Mallard Ponds, Woodgate and Wexford neighborhoods and other concerned Eagan citizens. We respectfully request that the land located at the southwest corner of Diffley and Johnny Cake Ridge Road be rezoned residential single family (R-1), and we strongly oppose the proposed Diffley Plaza development. The land to the north, south, and east of this property is all zoned residential single family. All the adjacent developments are residential. Oak Ridge Elementary School lies a block away. We believe commercial development will bring congestion, greatly increased traffic and undesirable noise and light, adversely affecting the safety of our children and the character of our neighborhood. Commercial use of this land is also unnecessary. Diffley Square stands right across the freeway and Thomas Lake is only a mile away. Both of these developments have gas stations and neighborhood stores as well as empty storefronts and regular turnover. There are retail stores and a gas station at Pilot Knob and Diffley and major shopping centers with fast food, grocery stores, retail stores, gas stations and restaurants one exit to the north and one exit to the south on 1-35E_ We can see no reason to turn another corner of Eagan into a strip mail. The proposed Diffley Plaza offers nothing that doesn't already exist in close proximity to our neighborhood. We believe that the most appropriate use of the land at Diffley and Johnny Cake Ridge Road is single family residential. We ask that you rezone this property to reflect that use and reject the Diffley Plaza proposal. Thank you. Name Q�g 6k,4?m Address i 2 110 C0 q rs L.,f & A P c,' Vfta-I ht J r.lczv2�c�� J� 'y S yb CLQ' /(Iti 57 InIv Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 November 3, 1999 Dear Honorable Mayor Awada, City Council Members, and Members of the Advisory Planning Commission: We are homeowners in the Mallard Ponds, Woodgate and Wexford neighborhoods and other concerned Eagan citizens. We respectfully request that the land located at the southwest corner of Diffley and Johnny Cake Ridge Road be rezoned residential single family (R-1), and we strongly oppose the proposed Diff ley Plaza development. The land to the north} south, and east of this property is all zoned residential single family. All the adjacent developments are residential. Oak Ridge Elementary School lies a block away. We believe commercial development will bring congestion, greatly increased traffic and undesirable noise and light, adversely affecting the safety of our children and the character of our neighborhood. Commercial use of this land is also unnecessary. Diff ley Square stands right across the freeway and Thomas Lake is only a mile away. Both of these developments have gas stations and neighborhood stores as well as empty storefronts and regular turnover. There are retail stores and a gas station at Pilot Knob and Diff ley and major shopping centers with fast food, grocery stores, retail stores, gas stations and restaurants one exit-to the north and one exit to the south on 1-35E_ We can see no reason to turn another corner of Eagan into a strip mail. The proposed Diff ley Plaza offers nothing that doesn't already exist in close proximity to our neighborhood. We believe that the most appropriate use of the land at Diff ley and Johnny Cake Ridge Road is single family residential. We ask that you rezone this property to reflect that use and reject the Diff ley Plaza proposal. Thank you. Name Pa Address lI ell �1 21 Y Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 November 3, 1999 Dear Honorable Mayor Awada, City Council Members, and Members of the Advisory Planning Commission: We are homeowners in the Mallard Ponds, Woodgate and Wexford neighborhoods and other concerned Eagan citizens. We respectfully request that the land located at the southwest corner of Diffley and Johnny Cake Ridge Road be rezoned residential single family (R-1), and we strongly oppose the proposed Diffley Plaza development. The land to the north, south, and east of this property is all zoned residential single family. All the adjacent developments are residential. Oak Ridge Elementary School lies a block away. We believe commercial development will bring congestion, greatly increased traffic and undesirable noise and light, adversely affecting the safety of our children and the character of our neighborhood. Commercial use of this land is also unnecessary. Diffley Square stands right across the freeway and Thomas Lake is only a mile away. Both of these developments have gas stations and neighborhood stores as well as empty storefronts and regular turnover. There are retail stores and a gas station at Pilot Knob and Diffley and major shopping centers with fast food, grocery stores, retail stores, gas stations and restaurants one exit to the north and one exit to the south on 1-35E_ We can see no reason to turn another corner of Eagan into a strip mall. The proposed Diffley Plaza offers nothing that doesn't already exist in close proximity to our neighborhood. We believe that the most appropriate use of the land at Diffley and Johnny Cake Ridge Road is single family residential. We ask that you rezone this property to reflect that use and reject the Diffley Plaza proposal. Thank you. Name Address iii/�E- �F L�ff�/�_ �(�fiL�DnG✓,e�- � yZGr /hOM�.f �K �d' l4�4� /1'1/I/ SS��� �vr.,ns L QiC-c iZ� ., c am. Ss Z Z CO �cYs:�(cvJ. e Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 November 3, 1999 Dear Honorable Mayor Awada, City Council Members, and Members of the Advisory Planning Commission: We are homeowners in the Mallard Ponds, Woodgate and Wexford neighborhoods and other concerned Eagan citizens. We respectfully request that the land located at the southwest corner of Diff ley and Johnny Cake Ridge Road be rezoned residential single family (R-1), and we strongly oppose the proposed Diffley Plaza development. The land to the north, south, and east of this property is all zoned residential single family. All the adjacent developments are residential. Oak Ridge Elementary School lies a block away. We believe commercial development will bring congestion, greatly increased traffic and undesirable noise and light, adversely affecting the safety of our children and the character of our neighborhood. Commercial use of this land is also unnecessary. Diff ley Square stands right across the freeway and Thomas Lake is only a mile away. Both of these developments have gas stations and neighborhood stores as well as empty storefronts and regular turnover. There are retail stores and a gas station at Pilot Knob and Diff ley and major shopping centers with fast food, grocery stores, retail stores, gas stations and restaurants one exit to the north and one exit to the south on 1-35E. We can see no reason to turn another corner of Eagan into a strip mall. The proposed Diff ley Plaza offers nothing that doesn't already exist in close proximity to our neighborhood. We believe that the most appropriate use of the land at Diff ley and Johnny Cake Ridge Road is single family residential. We ask that you rezone this property to reflect that use and reject the Diff ley Plaza proposal. Thank you. Name Address 3g3 Y1. wccAaA C7 0 i