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03/17/1998 - City Council Regular AGENDA " EAGAN CITY COUNCIL-REGULAR MEETING r EAGAN MUNICIPAL CENTER BUILDING f MARCH 17,1998 6:30 P.M. 1. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS(BLUE) A. UPDATE by Koch Refinery Pis B. APPROVE the bid award for the sale of$3,370,000 General Obligation Improvement Bonds, Series 1998A IP30 C. APPROVE the sale of approximately$1,565,000 Civic Arena Gross Revenue Bonds V. CONSENT AGENDA(PINK) 3� A. PERSONNEL ITEMS 3 B. RECEIVE petition/order public hearing-easement vacation,Pinetree Pass 36 C. FINAL SUBDIVISION&FINAL PLANNED DEVELOPMENT-Park Center Sixth Addition, pCentres Group Eagan,Ltd. 30 D. PROCLAMATION,Burnsville/Eagan Public Access Volunteer Appreciation Day, March 27,1998 y0 E. RECOMMENDATION,Airport Relations Commission,Northern Dakota County common airport policy issues n Y.3 F. RECOMMENDATION,Airport Relations Commission,Metropolitan Aircraft Sound Abatement /+ Council assessment comments /O V 6 G. AMENDMENT to the 1998 Fee Schedule for fire hydrant and construction meter use and damage deposits yH. APPROVE various fund closings and transfers T I. FINAL SUBDIVISION&FINAL PLANNED DEVELOPMENT-BCBSM East Addition �s J. APPROVE license agreement for WORLDCOM fiber optic cable installation,I ighline Trail at Thomas Lake Road (/ TY K. CONTRACT 98-07,approve plans/authorize ad for bids(Wilderness Run 5th&6th Additions- Street Improvements) �SS L. PROJECT 733,receive feasibility report/order public hearing(McKee Add.-Street Improvements) M. APPROVE ReLeaf Grant Application,Minnesota Department of Natural Resources N. AWARD contract,Rahn Park tennis court O. AWARD contract for bid package#12,flooring ? P. AWARD contract for ice refrigeration and dasher boards,second sheet of ice �WQ. RECEIVE bids,award contract for Fire Administration Building R. APPROVAL for the submission of a request for a Federal grant for the replacement of mobile Jopdata terminal equipment n P /.5' S. PROJECT 740,authorize feasibility report(Silver Bell Road-Street Improvements) VI. 7:00-PUBLIC HEARINGS(SALMON) A. PROPOSED AMENDMENTS to the financing of Thomas Lake Apartments project VII. OLD BUSINESS(ORCHID) a A. PRELIMINARY SUBDIVISION&FINAL PLANNED DEVELOPMENT,Prairie Oaks Partnership ry (Prairie Oaks Addition) B. CONSIDERATION of an ordinance amendment changing from even to odd year municipal elections //6 C. CONSIDER an ordinance regulating elections and setting terms D. ORDINANCE AMENDMENT-City of Eagan,to Chapter 11 entitled"Land Use Regulations (Zoning)"by amending Section 11.10,Subd.30 regarding regulations of Antennae,Towers, Satellite Dishes and Wind Energy Conversion Systems"and by adopting by reference Eagan City Code Chapter 1 and Section 11.99 E. ACCEPT report for the Eagan family aquatic facility,Water Technology,Inc. VIII. NEW BUSINESS(TAN) A. PRELIMINARY SUBDIVISION,Wispark Addition,of 31.5 acres consisting of two lots for office buildings and one outlot and a VARIANCE to the parking setback,legally described as Outlot A, Robins Addition,located south of Blue Gentian Road,west of Highway 149,and north of �, Highway 55 in the north 1/2 of Section 2 /,S 3 B. COMPREHENSIVE GUIDE PLAN AMENDMENT,Holiday Stationstores,Inc.,changing the land use of 17.94 acres from Neighborhood Business to Commercial Planned Development and a preliminary site plan review of eight lots for a Holiday Station store,retail,motel,Class II restaurant and a daycare,located in the southeast corner of Lone Oak Road and Highway 55 in the NW 1/4 of Section 12 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 3/13/98- 11:00 a.m. MINUTES:QF A:I'fR0:1 : ::AI TING OF THE Eagan,Minnesot#:: March 2,1995''" A regular meeting of the Eacil WP.6- eTd on Monday,March 2,1998 at 6:30 p.m.at the Eagan Municipal Center. Present were'3jtler : ga Councilmembers Wachter,Awada,Masin and Blomquist. Also present were City Admirustratbr Tom Hedges,Senior Planner Mike Ridley,Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. SNDA City Administrator Hedges saffl' 4f:l --:W-- lie*4 3:provide an update to the City Council on the proposed telephone area code change for them-# of Eag . He also said that the ratification of special City Council meetings to be scheduled foi'March 17'aiiil 24 should be added to the Consent Agenda. Councilmember Blomquist mare E•tiiincilsiper'Ivlasin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 [INUTES OPTAE FEBRUARY 17,1998"REGULAR MEETING Mayor Egan requested that on.�age 5,the second sentence in the sixth paragraph under public hearings,should be changed as folloti!5 " ?layor Egan said that approximately two-thirds of the project cost for assessment is being paid for out of di :giierl find." Councilmember Blomquist moved,C'ouncilmember.Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF MIARY 10.,19%SPECIAL MEETING Councilmember Blomquist moved,Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES DE mu.fEBR1vTARX�ie,m SPECIAL MEETING Councilmember Blomquist requested that)oii`page-I;the second sentence in the second paragraph " under North Park be changed as follows,"She fer revie�d the drawings and stated that she could tell what was approximately in the tests that were perfoed whejl: Borchert-Ingersoll was operating as a business at that location." Councilmember Wachter moved,Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 TTORS 7'L3BE �EARD Henry Jandewerth,1705 Walnut Lane,referenced'4' titter he wrote to City Administrator Hedges identifying his concerns with skateboa diR*$:j)#:&.bhC:6 r'eet*-:He said he spoke with the parent of a youth who is creating noise disturbances in 4liateboarding and the use of a ramp in the street. He further said he wants to avoid having to call the Police Department to resolve this matter. He requested that the City Council adopt an ordinance addret itig this situation or find a suitable location in the City for skateboarding. He added that skateboarding li i4he street creates safety issues. Mayor Egan stated that the issue has been well framed by Mr.Jandewerth and added that he believes dispute resolution should be tried first by the parties involved and,if the issue is not resolved, then more aggressive measures can be examined. He noted that the mayors of Rosemount,Eagan, EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 2 Burnsville,Apple Valley and Lakeville are ii: t ? ort9.fi:j t�leboazd park proposed to be located in Burnsville. He further noted that the Ea ga t ?:? it ri I:ii�s supported some limited financing of this park. He said that he would prefer to avoid creating an ordinance to address this issue. Councilmembers concurred. Police Chief Geagan stated that attempts were made last year to resolve this issue but were not real successful,but said they could make additional attempts again this year. Mr.Jandewerth said he would.pe; #itig.l cs�t r..disgttte resolution as a means of resolving the matter with his neighbor. City Adminisfi`iitor'�&�S&* &t he would contact Mr.Jandewerth. NS1-NT,AGEN�?A In regard to Item A 1 and 2,Hiz; ,,.�,peivisor and Hiring of Forestry/Parks Maintenance Worker,Councilmember$iaiitt'tiist aske ttie names of the individuals being recommended for hire were available. City Administrator Hedges said that interviews have been completed,but the reference checks are being conducted now and names will be provided at a later date. In regard to Item C,Contract 98-03,approve plans/authorize ad for bids(Oak Chase Add.- Street Improvements),Councilmember:Blomquist indicated she would be abstaining from voting on this item. In regard to Item D,Project 737 receive resbliaS �petition from Inver Grove Heights and order feasibility report(T bilation Add.-Utilitiesl ;�ouncilmembk:.Wachter asked if the County or State will allow a widened access to the liquor store o�:the r46t *M:-part of this property. Director of Public Works Colbert stated that the map of the JubilatWi-'At i it oii shows a second access. He further stated that the liquor store will be relocated to the sou' 41ii said that in discussions with the Inver Grove Heights'staff they believe that two accesses to this point will be allowed,however,he added that he has not seen MnDOT's response yet and would be surprised if they will allow the northerly access because it is located on a curve. In regard to Item F,Avvrove I sae,-eirments _U S West Wireless for antennae installations (Safari and Deerwood Reservoirs),CaiMW£ il�hi2z V1 acl to;::inquired about the site maps. Director of Public Works Colbert explained that this item was.being continued to the March 17,1998 City Council meeting because the appropriate documents we4� of prepped. In regard to Item G,Project 663 receive feasibilijy fiiaort/order public hearing(Valley Plateau-Street and Utility Improvements),Councilmember'Blomquist noted that the overall project cost was lower than the cost contained in the original feasibility report. Director of Public Works Colbert said this is the first time this feasibility report has been presented to the Council. Councilmember Blomquist asked how many appraisals were done. Director of Public Works Colbert stated that six appraisals were completed. Councilmember Blomquist said she would like-information on what properties were appraised. In regard to Item I,Premises f' , : ti ons,Knights of Columbus#7604 to conduct pull tab operations at Richard i:P6tsti•'6i1jgtiofs'toeifted at 4185 South Robert Trail and Starks Saloon located at 3125 Dodd Road,Councilmember Wachie:said he would like to see the Humane Society obtain a premise permit again to help with their fititing. In regard to Item L,Recommendation Airport Relations Commission,Metropolitan Aircraft Sound Abatement Council Alternate Representative,lane Vanderpoel,Councilmember Blomquist said that City Administrator Hedges had already answered her question about the recommended appointment. EAGAN CITY COUNCIL MEETING MINUTES;MARCH Z 1998 PAGE In regard to Item N,Award bid.vackazes 3 6&10 second sheet of ice Councilmember Wachter commented on the project savings of$8?k&O. In regard to Item P,Premises Per mitetiie ; 34jiYication.Eagan Lions Club to conduct a pull tab operation at Cedarvale Lanes located at 3883:&iffi d'Rue Drive Councilmember Masin indicated she would be abstaining from voting on this item. A. Personnel Items Item 1. It was recommended to approve**4 ••''''Tf:e:*rscj#:to be named as the Utilities Supervisoi. Item 2. It was recommended to approve the hiriv&of a persgp to be named as a Forestry/Parks Maintenance Worker. Item 3. It was recommended to approve t ie-coflective: rk6ning agreement for years 1998,1999 and 2000 between the City of Eagan and the maintenance bargaining unit. Item 4. It was recommended to approve the collective bargaining agreement for years 1998 and 1999 between the City of Eagan and the sergeants bargaining unit. Item 5. It was recommended to appro-'�- e;Constitution and By-laws of the Eagan Volunteer Fire Department as recently updated. B. Contract 96-TT,acknowledge coml2letion6&thorize CCityolri4intenance(Norwest 3rd Addition Extended Stay America Hotel-Watermam). It was r eom d.i 40licknowledge the completion of Contract 96-JJ (Norwest 3rd Addition/Extended Stay iC.1Qtei=Watermain)and authorize perpetual City maintenance subject to warranty provjaiis: C. Contract 98-03,approve plans/authorize ad forbids(Oak Chase Add -Street Improvements). It was recommended to approve the plans for Contract 98-03(Oak Chase Additions-Street Improvements)and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,April 2,1998. (Councilmember Blomquist D. Project 737,receive resolution/petition from Inver Grove Heights and order feasibility report (Jubilation Add. -Utilities). It was recommendeij;:;p receive-'Me petition/resolution from Inver Grove Heights and authorize the preparation of a feasity reposf fbr Project 737(jubilation Addition- Utilities). ... E. Hwy.13 Improvements(4-lane upgrade) approve resolution requesting State and Federal funds It was recommended to approve a resolution requesting State and Federal funding for the expansion and upgrade of Hwy.13 to a 4-lane divided highway and authorize the Mayor and City Clerk to execute all related documents. F. Approve lease agreements with U.S.West Wireless for afitennae installations(Safari and Deerwood rs Reservoirs). (Thus item was continueity Council meeting) G. Project 663,receive feasibility report/order public heaciMg(Valley View Plateau Street and Utility Improvements). It was recommended to receive the feasibi q report for Project 663(Valley View Plateau -Street and Utility Improvements)and schedule a public fiearing to be held on April 7,1998. H. Approve amendments to the Suburban Transit Authority Joint Powers Agreement It was recommended to approve the amendments to the Suburban Transit Authority(STA)Joint Powers Agreement. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 4 I. Premises Permit Renewal Applications,.Knights of Columbus#7604,to conduct pull tab operations at Richard's Food&Liquors located at 418§:!4buth Robert Tra4.-*kid Starks Saloon located at 3125 Dodd Road. It was recommended to approve ii$i4r iowrenew 'the charitable gambling premises permits for the Knights of Columbus#7604 for pull tart Spieris it Richard's Food&Liquors at 4185 South Robert Trail and Starks Saloon at 3125 Dodd Road' J. Correction to minutes for Linder's Greenhouses,Inc.Conditional Use Permit,approved February 3, 1998. It was recommended to approve the correction to the February 3,1998 City Council minutes for the Conditional Use Permit for Linder's Green srixse9;tae.. K. Final Plat RPMC Development Company-Ez k n Busirtki tKommons 2nd Addition. It was recommended to approve the final plat for Eagan.$usiness Commons 2nd Addition located north of Lone Oak Road and west of State Highway,55 at 2989;b'primers Efr oe. L. Recommendation,Airport Relations&ommjssion,*-_Lefropoh Aircraft Sound Abatement Council Alternate Representative,lane Vanderpoel. It was recommended to appoint Jane Vanderpoel to be the City's alternate representative to the Metropolitan Aircraft Sound Abatement Council. M. Resolution Metropolitan Council,Local Planning Assistance Grant Agreement. It was recommended to approve the local planning assistance;giant agreement resolution to receive$7,930.00 to offset expenses for the Comprehensive Guide Plan update N. Award bid packages 3,6&10,second sheet of.ice: fifvis recommended to award bid packages 3,6& 10 for Phase 11 of the Civic Arena. O. Contract 98-04,Rahn Park tennis court;:):—'.wAs-recommended to approve Plans and Specifications for Contract 98-04,Rahn tennis court repair i nstruction. P. Premises Permit Renewal Application,Eagan Lions Club,to conduct a pull tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive. It was recommended to approve a resolution renewing the charitable gambling premises permit for the Eagan Lions Club to conduct a pull tab operation at Cedarvale Lanes located at 3883 Beau Q. Schedule Special City Council meetings for March 17 and,kAarch 24 at 5:00 p.m. It was recommended to schedule Special City Council meetings for Match 17 and;March 24 at 5:00 p.m. Councilmember Wachter moved,Councih itember)y*-Oda seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 "" _.LIC I t"UNGS VARIANCE,HELEN AND DOUG-LAS BOLSTORFF LOT 3,BLOCK 1,PRETTYi4N HEIGHTS City Administrator Hedges prq.vk #; k":dzthis item. Senior Planner Ridley gave a staff report. Doug Bolstorff,applicant,`9fi*e* -#ftaf-1 e-piaii iig report accurately reflects the situation. Mayor Egan opened the public hearing to anyone;wishing to speak. There being no one,he turned the discussion back to the Council. Councilmember Wachter moved,Councilmember Awada seconded a motion to close the public hearing and approve a 10 foot variance to the required 30 foot front yard setback from a public right-of- • EAGAN CM COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE way for Lot 3,Block 1,Prettyman Heigts,located at 1553 3kne Court in the SE 1/a of Section 4 subject to the following condition: 1. The applicant shall ens ui!g{ iakthe bui1dy%igjs,Ians,materials and construction are such that they will provide an' 1ee1 of 45 dBA as compared with a noise level of 65 DNL. Aye: 5 Nay: 0 PROJECT 726,GREENSBOXQ:AiQ 1QI:ESI'1QRM SEWER IMPROVEMENTS) City Administrator Hedges provided ari EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE generated by the businesses that will b :i:finstructed on the SiWiwhere the Eagan Athletic Facility was located. Mayor Egan stated that if the pr"i ei~tost excevdi: :*estimate by 10% it will be necessary to schedule another public hearing. Director'u ; titiYlt$'Colbert said that it is anticipated that traffic from the senior care facility will take access direcily'tiiito Pilot Knob Road. There being no one else wishing to speak,Mayor Egan closed the public hearing and turned the discussion back to the Council. Councilmember Wachter stated:, 331i�:a legitimate concern,but noted that the' improvements completed in 1997 were part of a�1 ngtheni :program and will be beneficial in the completion of this project. He added that it may:be possible'to get better prices if this project is combined with Project 728. Councilmember Awada said l�t"e cost4-iresurfacing the streets will be much less than having to reconstruct the street m:tb a:fUf&:' ':) te.jMot vements are not done. Councilmember Wachter moved,Councilmember Awada seconded a motion to close the public hearing and approve Project 727(Donnywood Addition and High Site Drive-Street Improvements)and authorize the preparation of detailed plans and specification. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Blomquist in4cai :she was opposed because of her concerns with the appraisals and the assessment policy. 1vMayor'. i:std:that the City Council has already had two workshops to discuss the assessment policy that Ha :Jtsteil for several hours each over the past four months. PROJECT 728,EVERGREI~...... Y,AbbITION(STREET IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Design Engineer Gorder gave a staff report and provided details on the proposed project. Councilmember Masin said that she noticed that in the minutes of the informational meeting questions were asked about who doesffiework and;the.quality. She stated that the City has had excellent contractors who have done the work on; " Mayor Egan added that Ci tystaf supervises the work being done on these projects-..Mayor Elan opened the public hearing to anyone wishing to speak. Chris Neuer,4287 Lodgepole Drive,refefenced the*ql1are mileage included in Project 727 compared to Project 728 and asked why there is such a big Merence in the amount of the assessments. Director of Public Works Colbert explained that Donnywood Addition has more lots compared to Evergreen Addition and;therefore,there are less lots to divide the cost between in Evergreen Addition. Michelle Neuer,4287 Lodgepole Drive,asked about•the cost of the curb and gutter repair. Director of Public Works Colbert said that 100%of the cost::il be borne by the City. Councilmember Wachter stated that if the bids come in lower the savings�iil'be passed on to the residents. There being no one else wishitigiiYspea lWlayis n turned the discussion back to the Council. Councilmember Blomquist asked if appraisals we�e:completed on this project. Director of Public Works Colbert responded that no appraisals were perform& Councilmember Awada moved,Councilmember Wachter seconded a motion to close the public hearing and approve Project 728(Evergreen Park Addition and Carlson Acres-Street Improvements) EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 7 and authorize the preparation of deta"plans and specifieaf ons. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) "' BUS) s PRELIMINARY SUBDIVISION'S SINAL PLANNED DEVELOPMENT, PRAIRIE OAKS PARTNERSHIP(PRAIRIE OAKS ADDITION) City Administrator Hedges provided an overview on this item. He mentioned that 50 notices were sent to the residents,but noted receive their notice. Debby Budd,2151 Warrick Court,stated:diat only ii,&person she talked to had received the notice. She added that the date of the City Council meeting:was incorrect in the newspaper. City Administrator Hedges apologized for the mistW" istand49-*hd confusion. Mayor Egan said that this item would need to be continued to th�•i4ard : !:!` cl meeting. City Attorney Sheldon said it would be prudent to have Chris Moarn-agto-d10 an-exti ibn. Chris Moarn,applicant,said that he would like to find out if there is something the neighbors do not approve of in this plan. He indicated he would be willing to continue this two weeks. City Attorney Sheldon stated that the extension should be for 60 days. Senior Planner Ridley clarified that the extension would be for 60 days but the item will:be rescheduled for the March 17 City Council meeting. City Attorney Sheldon said he was oppo led.that if there are problems with the proposal the Council will need to order the preparation p#fiiictiitgs: Csr:rbnsideration at a subsequent City Council meeting and there should be sufficient i ee*.ty ffiprepare .f sings. Mr.Moarn agreed to a 30 day extension of the agency action deadline. Councilmember Awada movo ;:C-ouhcilmember Wachter seconded a motion to continue the consideration of a preliminary subdivision and final planned development for Prairie Oaks Partnership (Prairie Oaks Addition)to the March 17,1998 City Council meeting. Aye: 5 Nay: 0 Marcelle Reeder,2155 Warrick Court,said the residents want to work with developer and City staff. City Administrator Hedges stat*d.that_he.would.Contact Ms.Reeder to arrange for a meeting. CONFIRMATION OF FINDINGS OF FACS,•CONCLUSIONS&RESOLUTION OF DENIAL PRAIRIE OAKS PARTNEIt�4I1`(PR3tIE OAKS ADDITION) Councilmember Awada moved,CouncA&mber tk4hter seconded a motion to continue findings of fact,conclusions and resolution of denial of the-Naine Oaks Addition requested by Prairie Oaks Partnership located on Slater Road in the NW 1/a of Section 31 to the March 17,1998 City Council meeting. Aye: 5 Nay: 0 BUSINESS CONDITIONAL USE PERMIT-ATi$i'T WIRELESS SERVICES City Administrator Hedges piYiw3tle$-';"ii:ci:tiiv�Sueiv:i*this item. Senior Planner Ridley gave a staff report. Peter Beck,representing AT&T Wireless Services•,':discussed the limitations AT&T has been faced-with in trying to find a suitable location for the antenna in order to provide adequate coverage. He said they have not been able to identify any other site that will address this need. He identified the other sites they looked at and the problems associated with locating an antenna on these sites. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE Councilmember Wachter asked:;if'they had explored:lgcating the antenna on a power pole. Mr. Beck said the height would not be suitable to deliver the si&iial Councilmember Awada asked Mr.Beck to explain why this particular location oki:Ae golf course�%.e.-only location suitable for the antenna. Mr.Beck stated that to the east the tii 'about 100 feet and the location would start to be out of the search area. Councilmember Wadi r'ask d if they explored a site at the Dakota County park to the east. Mr.Beck said that this site would be 120 feet lower than the golf course site. He mentioned that changing the location to another area of the golf course would have an impact on how well the antenna would function and would also require an access road and buried utilities which would impact the golf course. Councilmember Wachter suggested the :be locaQ:farther south and west over by the 18t hole. Mr.Beck said they have considered that arp-A and there is some grade change that would make it more difficult but not impossible. He added that:&overwfieiming concern is that the 18th hole is a signature area of the golf course and ta; c}lipftient would be undesirable. Councilmember Awada said that the owner of the court-plaii's'1to biilki:�'Rew clubhouse next year. Mr.Beck stated that he has not had discussions with the owner about those plans. Further discussion occurred between the City Council and Mr.Beck regarding a number of alternate sites. Mr.Beck explained why the alternate sites were not suitable. Councilmembers felt that the appropriate signal could still be delivered if the antenna was moved a few feet to another location on the golf course. Mr.Beck presented pictures of antenna towels.:.C&imcilmember Awada stated that there is no vegetation on the site. She added that the Cti mcil is in,sug}xiit of technology,but AT&T needs to understand the concerns with the location otlbwers ifdt'::remdential homes. Mayor Egan said that there are prudent and feasible alternatives op:.th;6*V-:0af§e other than this site. He added that it seems as if AT&T has been inflexible in looking at titese'altemative sites. Councilmember Wachter asked if it is possible to design the tower to look like a tree. Mr.Beck said that it is not possible to make the tower look like a Minnesota tree. Councilmember Blomquist stated that she finds it hard to believe that technology has to be located in such a confined area. Mr.Beck said there is no existing water tower or indu al.land.nAke.a-exto locate the antenna on. He added that Eagan's ordinance leaves them with v0 i:fe ii..0.'0 ##t Stated that AT&T has been doing their best to make this antenna fit in. Councilmember Blomquist said that if this is such a'::*:'* .cult site the City Council should find a site that could be used by multiple users. Mr.Be;&-;agreed'kl at the site should accommodate multiple users. Mayor Egan noted that the ordinance requires co-location. Councilmember Blomquist said she would like to hear from the Parkview Golf Course owner on what he feels is reasonable for the golf course. Councilmember Wachter said that other acceptabl'e'ries might include the southeast corner of the golf course,Oman Park,south and west of the golf course trr fhe northwest corner by the golf course. City Attorney Sheldon stated that the Citytct�gT1AB a;ifeti�:aC ; 60 days on a zoning application or request for a conditional use permit or they csifEtid' tfibtl f 'idditiona160 days to get further information. Councilmember Awada said the City may need to hire an.expert to determine if what Mr.Beck has said about the site is correct. She mentioned that the City Couric supports the idea of a pole in this general area but they want to ensure the impact is minimal. Mr.Beck said that the site has to be acceptable for the gglf course owner and for AT&T. He further said they cannot move the site significantly further to the south because the tower will not provide adequate coverage. EAGAN CITY COUNCIL MEETING MINUTES;MARCH Z 1998 PAGE Mayor Egan stated that staff should work independent of the applicant to determine the most appropriate locations. Mr.Beck said it mT akes sense for the City to determine the most appropriate sites on publicly owned property,but adde(Fi at this is a land.iik" gulatory exercise and he said he did not know if the City has the authority to pick: 10 tions.;.dslA Or Egan commented that there is no scientific data that this is the best and only site. Councilmember Awada said she would like staff to be able to answer the question of whether there is a three block radius that the site needs to be located in to provide coverage the eastern portion of Eagan,Rosemount and Apple Valley. Mr.Beck said that AT&T has ed.t c : j p i84im t Scall of which comply with the ordinance, and he does not feel they will file a fourth applicg[ion. He s*it they would be happy to continue to work with staff to try and move the tower to a different location on fhe golf course. He further said that they have made every effort to work with the City comply:yvith all the regulations. Councilmember Masin asked if there*is a prod eni with the City's ordinance and questioned if the City should determine the sites where these towers should be located. Councilmember Awada moved Councilmember Wachter seconded a motion to continue the consideration of a Conditional Use Permit to allow a 100 foot tall communication monopole and equipment building on the northeast portion of Parkview Golf Course located at 1310 Cliff Road in the northwest quarter of Section 24 for up:i.." <Ay3 -to provide additional study on the application. Aye: 5 Nay: 0 City Administrator Hedges stated ftt the resideats::*vill be re-noticed. He asked the Council if they were granting the authority to hire anto:4.P#e6r- rihe if this is the most appropriate site for the tower. Mayor Egan said he would like..to;petCpsf e's$imates prior to spending any funds. COMPREHENSIVt GUIDE PLAN AMENDMENT,REZONING & WAIVER OF SUBDIVISION,CENTRES GROUP EAGAN,LTD. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter requested that.if they have,to remove the trees on the lot in the future the developer come before the City Council. Councilmember Blomquist moved,Coembet: achter seconded a motion to approve a Waiver of Subdivision for Lot 1,Block 1 Park Center Secon:. -Addition to create a.6 acre parcel to be combined with Park Center 6th Addition subject to the following conditions: 1. Prior to any grading to accommodate parking being constructed in this.6 acre area,the developer shall provide a Tree Preservationj•Mitigation plan for review and approval by City staff. 2. The.6 acre parcel shall; e Park Center Sixth Addition Final Subdivision and plattti�cl:::: = :: Aye: 5 Nay: 0 Councilmember Blomquist moved,Councilmember Awada seconded a motion to approve the Comprehensive Guide Plan Amendment of.6 acres from DIII to Commercial Planned Development. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEE1NG MINUTES,MARCH 2,1998 PAGE 10 Councilmember Blomquist move,Coiincilmember:Wichter seconded a motion to approve a Rezoning of.6 acres from R4 to Planned-bevelopment as pa1't'of the Regal Cinema Park Center 61h Addition Planned Development. Aye: $; Tay: 0 FINAL SUBDIVISIOV;&V1NAft---ANNED DEVELOPMENT PARK CENTER SIXTH ADDn-TJO T 'ENTRES GROUP EAGAN,LTD. Senior Planner Ridley stated that this item was being continued to the March 17 City Council meeting because the appropriate documents had not been executed at this time. Councilmember Blomquist mo'28- --6W iei Vii?*sin seconded a motion to continue consideration of the Final Subdivision and FinalL'laluieci Dei?ellnpment for Park Center Sixth Addition to the March 17,1998 City Council meeting. Aye: 5"4ay: 0 PRELIMINARY.&FIN— T--LANK..91P DEVELOPMENT COMMONW L:btVELQi*U*** i CORPORATION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter stated that the issuance of a liquor license is not guaranteed. Dan Mumpner,representing&h'Qnc n-W .Development,stated that they are requesting that Condition No.3 not be required if the restauraiiia o el will be operated under common ownership. Mayor Egan said he does not have any probke with th.af.request. Mr.Klumpner discussed the type of market Microtel serves. Councilmember Awada moved;C04h6ilinember Masin seconded a motion to approve a Planned Development Amendment to allow coiist uction of an 83-85 room hotel and a Class I restaurant on 3.79 acres at the southwest corner of Lexington Avenue and Lone Oak Road subject to the following conditions: 1. A Planned Development•Agreement shall be executed for this site. A separate Final Planned Development; iei t:w #:ne tb be completed for Phase IL The following exhibits are required for-tm%final7Plaiirieii'Development Agreements. Final Site Plan Final Phasing PIAN*'. Final Landscape Plan Final Signage Plan Final Lighting Plan Final Building Elevations Plan 2. The term of the Planned Development sha8j a five years. 3. The property should bp.* Vidgd:andgT. tted prior to construction of phase 2(the restaurant)of the devgpltipitfizesiiq ant is not under common ownership with the hotel. 4. All building,parking/drive aisles,and lar i#Caped areas shall be properly maintained. 5. This Planned Development approves a 35-foot setback of the hotel building from the Lexington Avenue road right-of-way easement for Lexington Avenue. EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 11 6. No more than 1/3 of t} iotel'extenor shall:�ie.*vix►yl siding. The remaining building architecture and materiafs of the hotel shall'l stucco,EIFS or masonry. 7. One ground sign and ofi rpnument sig*:Orits approved in the locations shown on the site plan. All signage shall cont itti# e:O t visions of the City Sign Code. 8. Runoff from the parcel shall be directed to Pond DP-3.3,which contains sufficient wet pond volume to meet water quality treatment requirements for this development. 9. The developer shall insure:ftt.th .b;uild3ngpjam,materials and construction of the building improvemenowk sin.It jr;1i £I#:provide an interior sound level of 50 dBA as compared with a noise level ig DNL. 10. The applicant shall submit a resQti landseagttg plan per the suggestions in the City's planning report and pra de:f t Iandscxti reen on the east side. Aye: 5 Nay: 0 ORDINANCE AMENDMENT-CHAPTER 11 ENTITLED"LAND USE REGULATIONS (ZONING)"BY AMENDING SECTION 11.10,SUBD.30 REGARDING REGULATIONS OF ATENNAE,TOWERS,SATELLITE DISHES AND WIND�NMY CONVERSION SYSTEMS City Administrator Hedges provided•aii-o,09 §0 :nn this item. Councilmember Awada moved,Cob icilmewbgT-Ijo*iquist seconded a motion to approve an amendment to Chapter 11,Land Use s an Regukito•'ii : y anteriding Section 11.10,Subdivision 30 regarding regulations of Antennae,Towers,Satei�it�[3islfed Energy Conversion Systems. Peter Beck,representing AT&T,asked the City Council to consider allowing companies to locate antennae on other existing structures besides public utility towers. He stated that allowing this will eliminate the need for freestanding poles and will lessen the impact. He added that it is not always possible to locate on a power company'$structurp because of the lack of strength and,in those cases,a monopole can be installed in the middy;O:tho; added that the Council may also want to consider allowing more heigHtlii•tlieanteiitiae' Ong-power line corridors. Councilmember Blomquist suggested thif the City:g0uncil wait to see what types of requests the City receives. City Administrator Hedges statecObit the C04cil could amend the ordinance to include other structures at the time an applicant requests to locate iij�tennae on another structure. Councilmember Wachter said that Mr.Beck has a valid point about requesting the change to the height allowed for an antennae which is located on a public utility tower. Councilmember Awada stated that the suggested changes regarding a structure placed through a structure and the height of an antennae mounted to a public utility tower be studied and this item be Continued to the March 17 City Council meeting. Councilmembers Awada and•$l� tivztltdraw their earlier motion. Councilmember Blomquist moved,Councilmember.Masin seconded a motion to continue consideration of an amendment to Chapter 11,Land Use dations,by amending Section 11.10, Subdivision 30 regarding regulations of Antennae,Towers;:�6tellite Dishes and Energy Conversion Systems to the March 17,1998 City Council meeting to allow for further study. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 12 APPROVAL,PEG ACCESS MAfifAGiVENT'113(� '#'AND DEFINITIVE AGREEMENT FOR THE TRANS R OF PEG ACCES RESPONSIBILITIES City Administrator Hedges proiiiii-.ed.an overview:46:fhis item. Cable Coordinator Reardon provided background information on the i3 Ye#q tVWn :#ie PEG Access Management Plan. He mentioned that he attended the Burnsville Yi ting earlier in the evening and the Council tabled this item because they had several questions and concerns. He identified the five sections of the management plan. He said that one of the concerns of the Burnsville City Council was the lack of definition of the Council's role. He explained that the Council will have the same role as they currently do: 3 : W: y pee is concern that the commission not become too autonomous. He further said he lias: ri tbhcgt'f W about the cable commission members taking various trips and attending seminars. Reardon also discussed the staff issues;:Ae:3ocatiori-iii�the studio,equipment needs and programming. He said that MayorKa>ip ' tisv :tivaSxOncerned with the appropriate balance of volunteer and community staffed programming. He'addressed the issues with the budget. He noted that the City of Burnsville would like to have a more defined revenue plan for the next few years. He further noted that the City of Burnsville had requested a mission statement,but he said this is difficult to create at this time. Councilmember Blomquist said: he•would like to see more definition added to the role of the Council. Councilmember Wachter meittiQi eci bo possibility of locating the cable studio at the new Fire Administration building. Councilmember Bloatqui"f:gi W:she had suggested this at one time. Councilmembers agreed that this possibilitytvould be'Worth.exploring. Councilmember Wachter moved, 4iirc£ eir Ivlasin seconded a motion to approve a recommendation by the Burnsville/Eaga t ie W"ohimunications Commission to approve the PEG Access Management Plan,subject to all parties•reaching a final accord on the definitive agreement resolution. Aye: 5 Nay: 0 CONSIDERATION OF CHANGING FROM EVEN YEAR TO ODD YEAR ELECTIONS City Administrator Hedges provittteit:an:pv :gM:this item. Councilmember Wachter said that he always favored an odd year eIectiori:''fTe'ftidici`siici that since the school districts will share in the election costs he would like to change the elet&n back to:the odd year. He added that he feels an election in the odd year results in a better informm0:public.:::::::: Councilmember Masin said the figures show that 5¢%:or more of the public votes in the even years and it is clear that this indicates the public wants to vote in the even years. She added that if the Council is going to change the election year she would like the City to hold a community meeting to get input from the public. Mayor Egan disagreed with Councilmember Masin. He explained the difference in the percentages of voter turnout figures in odd year versus even year elections. He added that the municipal elections become extremely obscure when they iiJe enveloped and flooded with political information on a number of other issues. He further added#:Aat in the odd year the candidates for local elections stand out independently. Councilmember Awada said that the League Iias indicated it is difficult to provide candidate forums in even year elections. Mayor Egan mentioned th#:€f�e cities of Minneapolis,.St.Paul and Bloomington all have odd year elections because they feel Mayor and City Council should stand alone from the Governor and President. Councilmember Masin suggested that the League should study the request to change election years. Councilmember Wachter said that the Council already has the League's opinion. + EAGAN CITY COUNCIL MEE`nNG MINUTES;MARCH 2,1998 PAGE 13 Councilmember Blomquist sta that she has talke.. lith several people and they feel it is quite presumptuous for the Council to make Yffis decision. She saitf'she would prefer that this item be placed on the ballot and provide the electorate.*4h an opportunity;td decide when they want to vote. She stated that only two school districts in Dakota CO.* .have opte#hDr even year elections and only one city in the County has opted for odd year elections. dic : ; tlke would like research on why most other cities in the County holds elections in the even year.'Slte asked how the Council expects to shorten or lengthen terms of councilmembers if the election is changed to the odd year. Councilmember Awada said that when the decision was made to change to even year elections the City Council cut terms by one year. She further said that the_gght thing would be to shorten terms. Councilmember Masin asked A&. bk...i..... voter turnout from past even year elections. Mayor Egan stated that the voter focu4i&at top of-.ffie ballot in even year elections. He reiterated that the City Council deserves some dignity that focal elections are not given when held in the even year. Councilmember Blomquist restatedAAi she is c6hEerned that the voters should have a say in changing the election year. Councilmember.-Awl% a:said•#Qthe public was not asked before when the election year was changed. She added'A'Af'sfre'did: i#f a referendum needed to be held on this issue. Councilmember Awada moved,Councilmember Wachter seconded a motion to direct staff to prepare an ordinance changing the City's election from even to odd years. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin.opposed) Mayor Egan said there are a myoi d: tlkittgs that are more deserving of a referendum. Councilmember Blomquist stated that this iss0'sliroukd:bi0ecided by the public instead of the Council. Councilmember Awada said that she has n*uer had any ute?tlier of the public comment on this matter. She added that the City Council makes deci.ii6.,s.afl:filki�:t>m*e�on matters and this is not a major City issue. She stated that the Council is not lengthen uii'k:f h :h2rins,but rather would be shortening them. Mayor Egan said that this is an attempt to enlii�fiCe'iiiid improve the democratic process. He said the League of Minnesota Cities,the League of Women Voters and the Office of the Secretary of State do not have positions on this matter. Councilmember Masin stated that going to the public for input on this issue is important because the Legislature is mandating the school districts to change their election to November because they obviously saw there were a limited number of people having a certain amount of power. Councilmember Awada explained the.diffgxence..in the•.perCgntage of voter turnout in even year versus odd year elections and added that thei ?ty: sle:iil die school districts by changing to an odd year election. Councilmember Blomquist asked to havi-*Wormatyp} on the cost of an odd year election. GISi.ATPVt M ERGO AFFAIRS City Administrator Hedges provided an update on the request by U.S.West and Frontier Communications to reopen the division of the 612 area code. He said they are asking that the area code boundaries be modified to correspond to exchange zones)Trsus municipal boundaries. He noted that the City of Eagan could end up with some division of 612 ancf:; area codes. He further noted that the Public Utilities Commission is asking that if cities are con&Yhed about this request they should submit comments to the PUC by March 18. Le: #ei# tjat; �ity:Council has already passed a resolution to the affect that they would prefer one :*Mire City. He suggested that the Council could re-enforce their position and the resolution will be re-submitted to the PUC. Councilmember Awada moved,Councilmember W&hter seconded a motion to adopt a resolution supporting the Public Utilities Commission's action that the entire corporate boundary of Eagan remain in one area code. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;MARCH Z,1998 ` PAGE 14 �tJND TABIC . Director of Public Works Colberi*-ikentioned that them:will be a Highway 13 special funding meeting Thursday at 4:00 p.m. City Administrator Hedges mentioned'ttit#'$'ie organ the City Council purchased is currently in the Community Room until a decision is made on where to place it in the Civic Arena. Councilmember Wachter asked how long the appraisers keep the appraisals. City Attorney Sheldon said that they are kept for two tQ:thF�?y?ars.�y.the;a}apraisers. Councilmember Wachter asked &ii!�:#tt�iWrp .1 }ple are actually using the bus. He said he how often the MVTA checks the routes:4 was concerned to see so many buses stopping at s withei riders. Councilmember Masin stated it is necessary to follow a schedule and show continuify to attract ffders. She added that the schedule is reviewed at regular intervals. Councilmember Awada menti*#lhi ffa tfth:e- er will be discussed at the March 24 worksession. Mayor Egan presented a letter to City Administrator Hedges that was delivered by the Baillifs who are opposed to the proposal by AT&T to locate a tower on the golf course. Mayor Egan said that he attended the Seize the Day event at the Rosemount Community Center. He further said the youth made it clear they want a focal point to go fojowg other events. He noted that a Town Meeting is scheduled for Thursday evening. Councilmember Wachter mentioned:.-'the possibility:#hdt funding for the Wescott Center facility could be utilized for a teen center. He expresaed:cari�em,:.Mf-fhe first two centers were not successful. City Administrator Hedges commented.thafiX :tea+:bii-possible to use CDBG funding for a teen center. Councilmember Masin stated that she and City Administrator Hedges attended a Chamber meeting last Thursday and they discussed education,jobs and getting people to work. Councilmember Blomquist said that there is one residential area along Pilot Knob Road that is becoming unkempt. She stated that the.C.%mcil Feeds tg review the ordinance and find out what can be done with regard to the items being sqJd:iaM ftt(�si�iiS ti4xating rooms for rent. City Administrator Hedges said that staff is in the process of interviewing Por the Code Enforcement Officer and they will plan to focus attention on the gateways to Eagan;::le addecFA t staff is receiving letters from residents on property maintenance issues and that it is ant .-*' ated that a draft ordinance will be prepared by April. Councilmember Blomquist stated that at the end of tach motion councilmembers need to be more clear in communicating their vote. Mayor Egan said he will try and make sure the vote is understood. cK IkEGIsTER Councilmember Wachter moved,Mayor Egan secgiWbd a motion to approve the check register dated February 26,1998 in the amount of$1,593,312.56. Ape ''S Nay: 0 ....:� :[7 tom'�►� �' The meeting adjourned at 10:45 p.m. MLK EAGAN CITY COUNCIL MEETING MINUTES;MARCH 2,1998 PAGE 15 Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(612)6814600,(TDD phone:(612)454-8535). The City of Eagan is committed to the policy.that.au.pgngps haye ect al access to its programs,services,activities, facilities and employment without regard tq: aee;Coot,.Cteeci tt .pn,national origin,sex,disability,age,sexual orientation,marital status or status with regard to pine assislangW::: MINUTE. .�'A &ECIAL:�1li'EETING OF THE EAGAN CITY COUNCIL ..Eagan, Minnesata i�6* ..'.4498 A special meeting of the Eagan City Council was held on Tuesday, February 24, 1998 at 5:00 p.m. in the Eagan Municipal Center Community Room. Present were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Dirg#tai•::Uf:P.wics:;8►;#.;�.-mation Vraa, Director of Public Works Colbert, Director of Finari66-tail'Q46fbW-d :i mmunications Coordinator Foote, Assistant to the City Administrator Hohe"in andty Administrator Hedges. EXECUTIVE SE$MN Mayor Egan converY6 f a Speeiai:Eicecutive Session for the purpose of discussing pending litigation in Conference Rooms A and B. Present were Mayor Egan and Councilmembers Awada, Blomquist, Masin and Wachter, City Administrator Tom Hedges, Assistant City Attorney Mike Dougherty and John Baker representing the Law Firm of Greene Espel. iirisl:3't R$::TO BE HEARD Mayor Egan reconveri.io.d the special:City Council Meeting at 5:45, following an Executive Session, and:�ckrt4that there were no visitors to be heard. FEASIBILITY REPORT PRI=SENTATION BY WATER FOR AQUATIC FACILITY City Administrator Hedges stated that representatives of Water Technology, Inc. met with City staff during the afternoon preceding the meeting to review their findings and recommendati.o..for.a:.pFop.ased.aquatic facility on the municipal center campus. He stated that Water'>'�tfinA#r�gjr;lt�c:: y(lf:#�resent the results of their feasibility study for Council review and input prior to..proceeding with the community informational meetings scheduled on Wednesday, Mai 4 and:'.'tlesday, March 10. Director of Parks and Recreation Vraa introduced Charles:Nk umanr:marl Fuerst and Claude Rogers, the City of Eagan's aquatic consultants frorrMater Tii ology, Inc. Chuck Neuman, Water Technology, Inc., provided an overview stating that the Municipal Center's site is excellent for an aquatic pool facility and has expansion capability, the master plan will provide a larger bather capacity than the facility the City Council reviewed at St. Louis Park and the feasib. ity study will address a strong sensitivity to the adjoining Windcrest neighborhoq Carl Fuerst, also rej>resei), itg iUr Technology, Inc., provided an overview of information that is feforred fOlt- epo41 that addresses trends and recreation participation, specifically relating to ouW0.0r swimming and aquatic facilities nationwide. He further built on Report 2, which is:t {e programming and need assessment that relates to the City of Eagan's community profile. Mr. Fuerst stated that a-bather load capacity of 2,000 is appropriate for the Eagan aquatic facility. He further 1 Page 2/Eagan Special City Couhirinlle'i3tiiig (illiriufi February 24, 1998 provided data as to how the bather catyii' 'calculated for an ultimate aquatic facility. Mr. Fuerst provided analysis and data to the City Council on what the entertainment values are at the site that will keep people using the aquatic pool facility. He presented slides that include a number of program components taken from aquatic pool facilities across the country stating that most:pf.fhe:.1aaili#jas:are located in the upper midwest. Mr. Claude Rogers, represisiriting W ti r Technology, Inc., reviewed two (2) drawings including a master plan and a Phase.(proposal. He stated that the elevations have been carefully studied at!##ing that: facility is approximately 10 feet lower in elevation than the library.:and:' i96.1p ..ler than the residential properties that are located to the east of the proposed*A*q'Wig facility. He further stated that the design plans include a berm which will act as a buffer to help screen the homes located in the Windcrest Addition. Following the presentation, Mayor Egan stated that the layout of the aquatic pool facility appears to be sensitive to the surrounding residents further stating that the pool zone located closest to the homes will be mainly occupied by adults which is generally a lower noise::t-hreshold. After further review 6ii :1 i 0-r:plan and what the consultants have identified as the Phase I proposal dra.wings,�*W*.% o9ers presented the estimate of probable project budget. He stated th.i3t the.enfjre.:farnily aquatic center master plan including a leisure pool, water play,.,lazy't r$r:�ititli.'adventure channel, adventure channel feature, two drop slides, two fluttii�:slKfes body and one flume slide tube with contingency fees and furniture,bX ures and equipment total $7,140,000. He stated that the estimate of probable project budget for Phase I which includes a leisure pool, water play and two flume slide bodies with tower facilities again with contingency fees, furniture, fixtures and equipment is $4,519,000. Mr. Rogers stated that the actual construction subtotals for the projects are $5,645,000 and $3,550,000 respectively. He stated that it is their policy to irti��ttie: 3lastS #sidtition to the actual proposed construction budget in addressirig'afi esiiiiiete 'bui!'get. Mr. Rogers went through the budget in detail describing the aquatic feiares, sita: ievelopment features, architectural features, support features and what is inded in fM furniture, fixtures and equipment. City Councilmember Awada stated hint the one program that appears essential to the aquatic facility is the lap section. She further asked if consultants could modify the drop slides from a 12 foot depth to a 6 to 8 foot depth. Director of Parks and Recreation Vraa stated that it was the recommendation of the City staff that these two (2) components addressed by City Councilmember..Awada be connected with the leisure pool and further that the depth of the pool area aiia the drop slides be reviewed further for change. Mr. Neuman stated that these changeg'are very feasible and should be made to the master plan. Mayor Egan questioned whether Rhase I, which is limited to three (3) components, will be adequate given a 1200 capai2y bather load. He further stated that Phase I raises a public policy question as to wheffi*er the City should construct more of the aquatic pool components with the initial construction and recognizes a proper bather load closer to the 2,000 number given the size and demographics of the community. Page 3/Eagan Special City CouAdl Meeting Minutei:* February 24, 1998 City Councilmember Masin asked if the City only constructs Phase I, does the footprint change if other components presented to the master plan are developed at a later date. Mr. Neuman agreed with comments presented by Mayor Egan and in a response to City Council member•:tl W'n::sW,40 that.{)e footprint does not change. City Councilmember Awadia':stated tt'tat it is essential to build the aquatic pool facility at the right capacity for the community in.order to generate an adequate revenue stream. She further stated that::4--tO% inCrjfise in the capital budget to add the additional components should pMvit'.A-: 0Q-%Ardr t se in operating revenue which strongly suggests that the City etirYsider addit: ore of the components which are identified in the ultimate master plan as a part of the initial construction. City Councilmember Awada asked staff if it would be possible to forecast the amount of revenue required to pay the additional bonds if the total master plan proposal for the aquatic facility were to be constructed. Director of Finance VanOverbeke stated that based on projections for the seMnd.sheet of ice in today's municipal bond interest climate, it would take an annuafi: iy .stream of$123,000 to pay the principal and interest debt on $1,500,000 of reventie-tiii#s:::::::;::.. •r City Councilmember 1ilkhteT-stat 46( at he is disappointed in the total cost stating that he was of the impre� idh..Ihof;t ie'total aquatic pool facility could be constructed for$4,000,000 to $5:6.00:b66 66 He further stated that he tends to agree with the majority of the City Council that it is more economically wise and efficient to build the piping and possibly additional components with the initial construction than to retrofit and reconstruct the pool facility in two to three years. Mr. Neuman stated.that the.Site is fabulous for an aquatic pool facility. He stated that questions address ee#: it e i j-CO.OilO�will be included with revisions to the plan and preparation for the cominuhity wide'irifofiiiotional meetings. He further stated that the next step is to take some soil bohh. ps on tI16visite to make certain there are no poor soil conditions. Mr. Neuman furtheKStated tli ithe City can design the entire facility and bid several of the aquatic poof:ttomporlts such as the lazy river as alternates and once the bids are reviewed a decision can be made as to which components will be included in the initial phase of the aquatic pool facility construction. Mr. Fuerst stated that the 4.5 million dollar component addressed as Phase I provides more facility than the City Council reviewed at the St. Louis Park facility. City Councilmember Masin asked iil#Mese design features provide flexibility for a year round facility prid f�lrther, howlNill the facility look during the nine (9) months it is not in operation as;at3 t iPWt-.I cihty. Mr. Neuman stated that the property elevation is depressed'rel-Nittb',t1te:ad!oitiing properties and will not be visual during the three (3) months of operation or the nis,e:J9) months of not being used. Page 4/Eagan Special City Co�sriii llJli2tliig'Miriuf ': February 24, 1998 City Councilmember Avred*:retdmmended that the entire project be bid with various components listed as alternates so the City Council can determine what portion of the project should proceed ahead. She further asked the City Administrator and staff to make the necessary revenue projections which will be evaluated prior to a bid award. Mayor Egan agreed:*ith•C ty:.GolJncilrr tuber Awada's recommendation. City Councilmember Wachter afagt:a` ia€iiia:#kilt it is important to find a contractor who will do an excellent job of preparinggi° site. iii'::Neuman stated that they would assist with the operations, revenues and Costs, arid'are prepared to provide different pricing structures and will review varioL :1dding einatives that are available to the City Council, if the total facility is.:bid.: Mayor Egan praised the consultants from Water Technology, Inc. and City staff for completing the drawings and coordinating the project for consideration by the City Council. He further stated that public informational meetings will be held on March 4 and 10 and the item will be scheduled as an action item on the regular City Council meeting for the March:1•.7meeting. OD­dILw N.-Y- :AR:.FLECTION City Administrator Heal jes stated:1114trat the February 10th Special City Council Meeting, City Councilmembec:Aw'*04:st9ted that she would like to schedule a discussion by the City Council re,gc#ing-0 change in scheduling municipal elections from even years to odd years. f 'stated that, historically, the City of Eagan held it's municipal elections in odd years, opposite state and national elections which are all even years. The City Administrator stated that during July, 1991, the City Council changed the term of office for Mayor from two to four years and the municipal elections from odd years to even years. City Councilmember Masin stated that it is her understanding that Independent School District 191di n€e t...hi-i611601:board elections changed from spring to fall. City Councilmember Wi3hlifr='r'tfa't6d'thtit'-hbiding municipal elections in the odd year allows people to know who they are:voting fa:::He further stated that the additional cost of holding elections in the odd year:wa s the rjjson the City consolidated all of their elections to be even year. City Councilrilesnber Ayii.A.da stated that the whole state is looking at odd year elections. Mayor Egan commuted that in his opinion the public would be better informed on local issues if municipal elections were held in the odd years, stating that it is difficult to compete with national and state elections. City Councilmember Masin asked how many people voted in odd years versus even years, suggesting that the number 44"eters is considerably higher in even years. Mayor Egan stated that he can support the'=odd year elections stating that it is a better representation to the vo( #sii st:�4 (.i*:W-Oi ktlions in the odd years and further that a portion of the cost will b6:dfiaied-Mask fo ss#tool districts. City Councilmember Blomquist stated that the switch from odd year tq:.eyen year is recent enough that possibly the City should continue the even year 61Wions and evaluate the effectiveness before switching back to the odd year. She further'stated that the additional costs of an odd year election should be a consideration and further asked that the City gather Page 5/Eagan Special Council I efiri4,UhU es' February 24, 1998 .• information from the Citizens League'!Md:16460e of Women Voters regarding this issue before a final vote is considered by the City Council. City Councilmember Awada stated that she would like this item placed on the March 2"d regular City Counoil:AQenda:...S%he..fudber stated that she supports the request for information and if thei v-6:6ffit l0 asst i �s hearing both pros and cons, they should be able to be provided to the sta*d City. ncil by the March 2nd meeting. LAYOUT/RQY�t OAKS*iRODITION Director of Publi&:ftiks Cot # iitiformed the Council of an application received by staff for a preliminary subdivision for a residential development called Royal Oaks Addition located along the east side of Wescott Hills Drive. He stated that there were several issues that the Council should be aware of. Mr. Colbert provided a brief summary of the proposed development's lack of conformance to the concept site plan that has been used to guide the;-Previous developments that have occurred in the area. He stated development's layou#.":�.#i 1l..0u1.-de-sacs did not provide for the planned internal local street connection between Treifs: i ::Road and Wescott Hills Drive. He also stated that this development would re uire IHe:%up%reding of Wescott Hills Drive that has been programmed for 1999 in the Cjty's 5..yea>~Qli?. Finally, the development did not provide for storm sewer outlets frorrxfhjip t#i'e'ponding areas which would impact the mature woodlands in the area City Councilmember Awada stated that she understands the desirability of the cul-de-sacs but would be willing to consider alternatives to either the concept site plan or the development layout. City Councilmember Wachter agreed with the Public Works Director and stated that the .City should hold the line and not allow the development to be processed: wi>h#st::r di nitzg a connection to the surrounding developments. Councilmemt e'r''Wecfi#et'' fso'' flared concerns regarding adverse impacts to the trees in the area. Several ouncihti;6mbers also concurred that Wescott Hills Road should be improved with this�kelopmftt After further discussion, City Cour#6lknembers agreed that the applicant should be directed to provide alternates to either the concept site plan or the development layout application in order to be processed for consideration. OTHER BUSINJE$S City Council member Wachter sta4e that the City has the opportunity to acquire Gulbransen organ for 513a;: #eai##iat the organ could be used at the Civic Arena for learn to skate, 'h'oeli 9:i"644ii6i5(her related ice facility uses. After further discussion, there was unanimous direction:$9 direct the City Administrator to proceed ahead with acquisition of the Gulbranseii:asgan in the amount of$2,500. Page 6/Ea an Special Council *' ` 9 9 P �e�tirig�itfiriiu�es''' February 24, 1998 City Councilmemt she would like to schedule the Country Home Heights street improvements on a future agenda for consideration. There was no official action taken; however, City Councilmembers did briefly discuss the difficulty in gaining consensus on how the County Home Heights project should be improved. ADJOURNMEUT.: There being no further b mess, the::ffieeting was adjourned at approximately 8:15 p.m. Date City Clerk TLH ff{fir:: i•.'•.::. :H�.{�!:'•:jai."'f:•.. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 13, 1998 SUBJECT: AGENDA INFORMATION FOR MARCH 17, 1998 CITY COUNCIL MEETING ................................................................................................................. ................................................................................................................. ��(3�T ................................................................................................................. After approval is given to the March 17, 1998 City Council agenda, the minutes of the March 2, 1998 regular City Council meeting, and the minutes of the February 24, 1998 special City Council meeting, the following items are in order for consideration. g ' ' ' t > ................................................................................................ ................................................................................................ A. UDATE BY KOCH REFINERY ACTION TO BE CONSIDERED: No action is necessary. This item is being provided for information purposes. FACTS: • Mike Hansel, of Koch Refining Company, will be present at Tuesday evening's meeting to review current developments involving the Koch Refining facility in Rosemount. The company is in the process of implementing additional improvements to prevent ground water contamination and improve air quality for the facility. In addition, Mr. Hansel can respond to any questions from the Council regarding the refinery's activities. BACKGROUND: • Company information on pages through 1 MAR-11-1998 17:39 KOCH REFINING CO. 612 437 0868 P.02 Minnesota Pollution Control = fiAzaedow Waete Svialon Tanks and Emw9eney Response Seebm 520 I.Maymmtln Road North 8t. Paul,Minneeoia 551554194 The proposed issuance of an aboveground storage tank major facility permit for; Koch Refining Company, L.P. Tia~Minnesota ftilution Control Agency(b+1P'C'.A)has &zfwd An Aboveground Storage Tardy(AST)permit ' �r fbr the Koch Refining Company in Rosemoun4 Minnok9a. The inteot ofthis permit Is to praveamt Pollution of surfacx MW ground water that could be cwAod by lits and spills of liguida firm ASTs and pipelines used at the ftility. This can be;achieved by / implementing It comprmpeusive:set of spill prevention, dmwtian,and c WUintWt m"MUMs. '* Facility description Koch's tv&wry--complax in Rosemount,Minn.,has ttte . Conduct detailed inspections of all tanks and capacity to proem more than 280,000 barrels of crude associated aboveground piping at planned intervals Oil every clay. In addition to the precening facilities, to look for evidence of corrosion and construction there aro crude oil ape product storage tanks, flaws. This includes daily visual inspection ofdw wssftwatur truant facilities,and facilities for outside of all tanks greater than 140,000 gallons,and mAnAging solid wastas and refinery by-produum It* comprehensive mkmW inspections for all tanks at refinery is self-corAined with its own internal services, schaduled intervals of 8 to 15 yam. Aboveground roach,industrial water production wells.storm and piping would receive an annual visual inspr.,ctinn. prod wUK sewers,Fina-fighting facilities and all . Install a second layer of leak utilities needed to oparaae the re&iery. Y protection and Koch produces time following at the:Rosemount corrosion pm ni=don for light oil,chemical and wastewater tank floors,specifically an inttr W floor maty: motor gasoline,aviation gasoline,jet fuels, corning. All tanks not already upgraded in this dteeel fuels,foal oils,eWMts,paroleum coke,sulfur. f al ion will receive a second layer of lack protection liquid petroletua gas,bun=and carbon dioxide. The when next taken out ofservice for internal crude oil needed to pmvd=these items is received via inslwtion. pipeline Aad ffitWied products am distributed by . Conduct an annual tank leak test on al I tanks that do pipeline,barge.tanluer truck and tail. not have an intemal hoar coating.ate not wAWuled Cade oil,inter, ediate and final petroleum products, for an internal inspection within one year afer the ehmkals,and wastewater are stored at the facility in permit is issuedand do not rest on a conc:reoe pod. AS7rs of up to 22 million gallons capacity. The leak testing and floor costing rerluirixnents do not apply to tanks used for storing aspbd4 roofing thms covered by the AST permit flux,or other heavy oils. The permit applies to all Ash`s at the,refinery with a For tanks with a capacity of I t)a,000 gallons or more cepoei;ty of mora than 1,100 gallons(other then indoor that rest directly on the around, install cathodic Oaks)and most above and underground piping. Some protection systems to control or prevent external of the more notable conditions of this pamit will floor c:omosion problems. Installation and activation require Koch to: of these cathodic protection systems will be completed within seven years of the date the permit is issued. Print�r vn rjrpi�0 f>APO►op es fee�st ZQ74 fIGOtO rtom t1ePe►nM c1►mtl�unlRi 612 437 0868 03-11-98 06:26PM P002 #38 MAR-11-1998 17:40 KOCH REFINING CO. 612 437 0868 P.03 Hassrdous YY� Dtvisiat Tauttcs and Er»�eir0esney l�suponso 8ratiae • install remote readout electronic gauging and Submitting comments overfill alarms on all larger tanks to prevent accidental overfilling of tanks. Most tanks at the The MPCA would bice to mire cammetits on the re:Fnery see;already equipped with raernoto ganging permit from citizens and other interested and overfill alums, The pecranit will c+equare all tanks parties. Persons wanting to submit writsett comments to 6e equipped as such. should submit thereto the MPCA u the address below by March 23. 1998. • Test the hydrostatic permeability of native soil tattle bins and dikes to determine if they cane�PfCCtsvtsly Afar the public cammesnt period,all comments wilt be permit evaluated and arras of concern will be d hold product that escapes front the tank,and ittcraase arraaed in the d the impermeability where warranted. All testing final ppermit, will be completed within 60 days of the date the For more information P=it is issued. • tmpkm t a leak testing and upgrading program for A copy of the draft permit is available to interested undergroumd piping associated with t u*L The Dies at the MPCA's St. Paul office located at rafincy has pmpased to meet this requirement by 520 Lafayette Road North. raising all piping above:ground. The ten highest The MPCA will also enroll a of the draft emit priority underground lines will be raised within two and/arr�Fact shat to oily itnet�eti person. ger years afpermit issuance,the remaining long-run line segments within four yeuam,and various short piping information.contact Chris Basher at(512)297-8618,or runs(e.g. road crossings)within sever years. write to: Underground lines will be leak tested by Chris Bashor Ceceaeber 3 1. Y 9913. Minnesota Pollution Control Agency Other uireina is in the it relate to Tanks and Emergency Rogxxm Section ro9 proposed P�� Aboveground e Storage Tank F aeceu�ity,lightning protection.personnel trainir►g, 520 i.afaye:�Road North m rwrn preta$tmaintenance,and tank fir. St. Paul,Minnesota 55 155-4194 MPCA permits Minnesota facilities whose activi iea have the potamial to ailed the environment must obtain MACA permits ford ee activities, Permit Conditions require:operation and maintenance of the facility in a manner that prowcts human bealth and the environment. Facilities must meet the terms and conditions of their permits. To ensure that they do so,ttu MPCA regularly inspects facilities and falces appropriate action,including monetary penalties, if it finds that a facility is violating permit terms. The MPCA has developed this permit through an innovative,collabovWve process with the patmittrc. No stater or faders! lave requhm an AST permit to be placed on public notice bcfbm being issued. tiowave:r, because of the site and comple)6ty of the refinery, Koch management asked that this permit be made av dlablc Cor public commcut prior to its issarancc, and the MPCA concurs with this spprnach. 612 437 0818 03-11-98 06:26PMr P003 1138 '3 mAR-11-1998 17:40 KOCH REFINING CO. 612 437 0868 P.04 sF-0o�oeasc.+ee� oEPMT>uEarr: POLLUTION CONTROL AGENCY STATE OF MINNESOTA Office Memorandum DATE: January 20, 1998 To. MPCA Air Quality Committee PF FRom: Michael J. Sandusky te' Acting Division Manager Air Quality Division PHONE: 296-7331 WWECT: Summary of Part 70 hermit for Koch Refining Coinp=-L.P. The Air Quality Division is preparing a draft Part 70 air quality operating permit for Koch Refuting Company that contains Plantwide Applicability Limits,or PALs. PALS are an alternate method of complying with the federal New Source Review regulation. As part of the review effort for this permit,the Environmental Planning and Review Office prepared an Environmental Assessment Worksheet, on which it recently received public comment. This document presents a short overview of Koch's Part 70 permit. The permit contains conditions relating to both operation and construction,two functions that are sometimes separated in the air quality regulations. The discussion about the operating conditions introduces the types of requirements with which Koch's existing equipment must comply. This document also provides some background on conditions placed in the permit to govern construction activities under the Part 70 permit. A clear understanding of the distinction between operating conditions and the construction conditions will facilitate the discussion of this permit at the upcoming Air Quality Committee meeting. QReadbg Perm The Clean Air Act Amendments of 1990 required Minnesota and other states to develop an operating permit program. Using this program,the state must issue operating permits to all major sources of air pollution in the state. These operating permits should contain all the "applicable requirements,"or all the air quality-related conditions by which the facility must operate. Permits of this type are called Title V permits(referring to the title of the Clean Air Act in which the requirement is located)or Part 70 permits(referring to the section of the Code of Federal Regulations that describes the permit program in detail). The refinery located in Rosemount, Minnesota, and operated by Koch Refining Company,L.P., is considered a"major source"and must receive an operating permit. Operational requirements that apply at Koch include federal New Source Performance Standards, federal National Emission Standards for Hazardous Air Pollutants,and state standards of performance. These regulations specify operational standards for pieces of equipment or processes. Any operating restrictions apply to similar equipment across the nation or across the state. TDD (for hewing and speech i n4mbrd only): (612)282.5332 prm dd ax reockd pqW cmiamiag at/seat 1076 ft en fivm pgwr recycled by camwwrs R=99% • 612 437 0868 03-11-98 06: 26PM P004 #38 MAR-11-1998 17:41 KOCH REFINING CO. 612 437 0868 P.05 Air Quality Committee Page Two The Part 70 permit also contains site-specific conditions. Minnesota's State Implementation Plan, or"SIP,"must contain a strategy to improve the air quality in areas where it is poor. In addition,the SIP spells out how to maintain good air quality in areas that once had poor air quality. At one time,the area surrounding Koch had poor air quality,so the MPCA developed specific conditions that limited Koch's emissions of sulfur dioxide. The air in the area now meets federal and state sulfur dioxide standards,but the MPCA continues to require Koch to limit its sulfur dioxide emissions to maintain this improved air quality. In addition,Koch must comply with site-specific conditions developed during the permitting of construction projects. 'Ile federal New Source Review program may place limits and conditions on major projects,while the state's minor New Source Review program may restrict smaller changes. Construction Permit In many states,the operating permit program and the construction permit program are separate. This means that a facility seeking to expand must first receive a construction permit and after construction, it must receive an operating permit. Minnesota, however,combines these programs. This means that a constriction permit(i.e.,a permit authorizing construction)must also contain all necessary operating conditions. (Ihese conditions primarily require continued demonstrations of compliance.) An operating permit may contain terms authorizing construction and Koch's part 70 permit does so. Frequently,a facility must apply for and receive an air quality permit or permit amendment before the facility can initiate work on a desired project. Minnesota's permitting rules and the federal New Source Review regulations describe the steps that the facility needs to take to receive the permit. Minnesota's permitting rules generally address projects with lower emissions,while the federal New Source Review program attempts to limit the environmental impacts of projects with higher emissions. In some cases, the facility must also undergo an environmental review process. The Air Quality Division reviews only the proposed project for its impact on the environment Because of this,the resulting permit usually establishes limits on individual pieces of equipment or on small groups of equipment. Since the review focuses on the proposed project,the permitting process generates little or no incentive for the facility to limit or reduce emissions from existing equipment. Koch's Part 70 permit is different. Plantwide Applicability Limits,or PALS,are an alternate method of complying with both the federal New Source Review program and Minnesota's permitting program. Koch's permit establishes PALs,or emission"caps"for several criteria pollutants. As long as Koch remains below its PAL numbers and meets all the conditions in the permit,Koch needs no additional permitting to make changes at the refinery. (Koch may also choose to build"outside the PAL." Prior to doing so,the company must receive a permit authorizing that construction.) 612 437 0868 03-11-98 06:26PM P005 #38 MAR-11-1998 17:41 KOCH REFINING CO. 612 437 0868 P.06 Air Quality Committee Page Three ' Under the PAL,Koch must notify the MPGA if the estimated emissions from a project exceed 100 tons per year. K after an initial review of such a project,the MPCA decides that the project merits environmenW review,the MPCA Board may require Koch to prepare a discretionary Environmental Assessment Worksheet. Prior to large projects, Koch will submit to the MPCA a description of the project and its expected emissions. The submittal will resemble a peanit application. Koch will now any>tew or modified piece of equipment that becomes subject to a regulation(such as a New Source Performance Standard or a National Emission Standard for Hazardous Air Pollutants),and will frequently include modeling to show the ambient impacts of the project with the emissions from the rest of the refinery. The MPCA will review the materials it receives and provide to Koch questions or comments on the project. In addition to these notifications,Koch must report its construction activities to the MPCA on a quarterly basis. This report will include not only the larger projects referred to above,but will descnbe smaller projects that Koch started during the preceding quarter. The quarterly report also contains compliance information and a summary of the quarter's emissions. Air Quaft Committee Meeting This document provided a general background on the types of requirements contained in Koch's Part 70 permit. The presentation at the Air Quality Committee will supply additional information, focusing on Koch's Plantwide Applicability Limits. The material presented will describe how the permit provides flexibility without ignoring any regulatory requirements. A key portion of the presentation will be a comparison of how changes are made under traditional New Source Review and how those same changes will be made under a PAL. 612 437 0868 03-11-98 06: 26PM P006 #38 MAR-11-1998 17:42 KOCH REFINING CO. 612 437 0868 P.07 TSP Tons/Year 3i a o o o 0 0 0 0 0 0 0 0 0 0 Jan-91 Apr-91 Jul-91 Oct-91 Jan-92 Apr-92 Jul-92 Oct-92 Jan-93 1 Apr 93 0 Jul-93 Od-93 N 40 Feb-94 'o C) ' O May-943 a � m Aug-94 r Nov-94 - ' I r Feb-95 3 May-95 Aug-95 Nov-95 Feb-96 May-96 Aug-96 0 Dec-96 Mar-97 g CL Jun-97 a Sep-97@ V G m Dec-97 0 612 437 0868 03-11-98 06:26PM P007 #38 MAR-11-1998 17 42 KOCH REFINING CO. 612 437 0868 P.08 PM-10 Yordyear J CD Jan-92 Apr-8z I Jut-92 Oct-92 Jan-93 Apr-93 Jul-93 Oct-9S A Jan-94 n Apr-94 .. 3 Jul-94 Oct-94 o Q Q0-0 Feb-95 a r .,o May-95 r Aug-95 Nov-95 Feb-96 May-96 Aug-9B Nov-96 o" m Feb-97 3 m al 3 May-97 is Aug-97 Deo-97 612 437 0868 03-11-98 06: 26PM P008 #38 MAR-11-1998 17;42 KOCH REFINING CO. 612 437 0868 P.09 SO2 Tons/Year N co co p a► CA cn 0) O► O Jan-91 Apr-91 Jul-91 Oct-91 Jan-92 Apr-92 Jul-92 Oct-92 Jan-93 Apr-93 Jul-93 W Oct-93 N � Feb-94 N u2 C) v May-9a O Aug-94 Nov-94 a r Feb-95 May-95 3 Aug-95 Nov-95 Feb-96 May-a6 Aug-96 o Dec-96 en m m � Mar-97 a Jun-97 n n a w p+ Sep-97 o Dec-97 0 $ y - 612 437 0868 03-11-98 06:26PM P009 #38 MAR-11-1998 17:43 KOCH REFINING CO. 612 437 0868 P.10 NOx Tons/Year Jan-91 Apr-91 Jul-91 Oct-91 Jan-92 Apr-92 T Juh92 Oct-92 - Jan-93 Apr-93 p A Ju{-93 • -w Oct-93 Z Feb-94 0 t9 May-94 C � Aug-94 0 ONV Nov-94Ma y. r Feb-95 m May-95 3 Aug-95 .Nov-95 Feb-96 May-96 -4 a Aug-96 0 Dec-96v o a � 3 Mar-97 Jun-97 M �� n A Sep-97 0 o N B $ Deo-97 - m /O L 612 43'7 0868 03-11-98 06: 26PM P010�3t38 MAR-11-1998 17:43 KOCH REFINING CO. 612 437 0868 F.11 a CO Tons/Year ,';S Jan-91 i Apr-91 Jural Oct-91 Jan-92 Apr-92 Jul-92 Oct-92 Jan-93 T Apr-98 O� Jul-93 Oct 93 C) Feb-94 O May-94 p,g Aug-94 r%c Nov-94 a r Feb-95 0 May-95 3 Aug-95 .Nov-95 Feb-96 May-96 -� a Aug-96 0 Dec-96 Mar-97 �c a F= _ Jun-97 t m „ u a � N Sep-97 N w Dec-97 • // 612 437 0868 03-11-98 06:26PM PO-=3x36 + MAR-11-1996 17:43 KOCH REFINING CO. 612 437 0868 P.12 VOC Tens/Year N A cm O N S o $ o g Jan-91 Apr-91 Jul-91 Oct-91 T Jan-92 J Apr-92 Jul-92 Oct-92 Jan-93 Apr-93 n Jul-93 Oct-93 3. Feb-94 010 � O v May-94 0-0 Ot Au04 r Nov-94 r Feb-95 ego 3 May-95 Aug-95 NOV-95 Feb-96 May-96 —i m a Aug-%. Des-96. CD3 Mar-97 0 Jury-97 n Seer-97 r m Dec-97 m 612 437 0868 03-11-98 06: 26PM P01 #3� MAR-11-1998 17 43 KOCH REFINING CO. 612 437 0868 P.13 TRS Tons/Year -.. .+ N N Grl co p � p O O O o O Dec-92 Feb-93 Apr-93 -- Jun-93 Aug-93 Oct-93 DW93 Feb-94 Apr-94 Jun-94 Aug-94 Oct-94 Dec-94 Feb-95 N m A Apr-95 4 � 3 wJun-95 A Aug-95 Oct-95 Z` r Deo-95 � Feb-96 Apr-96 Jun-96 Aug-96 4ot-96 Dec-96 Feb-97 N m 1 Apr-97 Jun-97 Aug-97 m txt 97 T V Dec-97 T 612 437 0868 03-11-98 06:26PM P01'3 "#38 MAR-11-1998 1?:44 KOCH REFINING CO. 612 437 0868 P.14 Lead Tons/Year a cy o a o a o 0 o 0 0 0 o ca c'12r Jan-9't ' Apr-91 Jud-91 Oct-91 Jan-92 Apr 92 Jul-92 Oct-92 - Jan-93 Apr-93 - 0 Jum I m OCI-23 Feb-94 I r.L C) May-94 y O a a � Aug-94 . a Nov-94 r' Feb-95 3 May-95 Aug-95 Nov-95 Feb-96 - May-96 Aug-96 Dec-96 cn $ a � Mar-97 �c $, o a Jun-97 r- co n 0 Sep-97 Dec-97 e° TOTAL P.14 / 612 437 0868 03-11-98 06:26PM P014 #38 Agenda Information Memo March 17, 1998 Eagan City Council Meeting B. APPROVE THE BID AWARD FOR THE SALE OF $3,370,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A ACTION TO BE CONSIDERED: To approve the resolution awarding sale of$3,370,000 General Obligation Improvement Bonds, Series 1998A, fixing the form and specifications thereof, providing for their execution and delivery, and providing for their payment. FACTS: • At the February 17, 1998 City Council meeting, a resolution was approved to issue and sell $3,370,000 general obligation improvement bonds. • There are thirteen(13) pubic improvement projects being financed by this bond sale. The projects have either been assessed in 1997 or will be assessed in 1998. • Bids will be opened at 12:00 noon on Tuesday, March 17, 1998, at the offices of Springsted and presented to the City Council at the meeting. ATTACHMENTS: • Enclosed on pages through is a copy of the resolution awarding sale of$3,370,000 General Obligation Improvement Bonds, Series 1998A, fixing the form and specifications thereof, providing for their execution and delivery, and providing for their payment. • Enclosed without page number is a copy of the Official Statement prepared for the bond sale. Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City, on Tuesday, March 17, 1998 at 6:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of considering proposals for the purchase of$3,370,000 General Obligation Improvement Bonds, Series 1998A. The City Clerk then presented the proposals received prior to 12:00 o'clock noon pursuant to the Terms of Proposal for the General Obligation Improvement Bonds, Series 1998A. These were examined and found to be as follows: Name of Bidder Interest Rates Purchase Price SEE ATTACHED Member introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF $3,370,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The proposal of (the "Purchaser") to purchase the $3,370,000 General Obligation Improvement Bonds, Series 1998A of the City at a price of$ plus accrued interest is hereby found and determined to be the best proposal received pursuant to the Terms of Proposal, and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity Interest Maturity Interest (February 1) Rate (February 1) 2000 % 2008 % 2001 2009 2002 2010 2003 2011 2004 2012 2005 2013 2006 2014 2007 2. To provide funds for Improvement Projects Nos. 703 96-13, 702 96-13, 714 97-06, 713 97-06, 615R 96-15, 700 96-16, 687R 96-16, 71197-06, 688 96-01, 692 97- 11, 720 97-07, 72197-15 and 722 97-15 (the "Improvements"), the City hereby determines that it is necessary and expedient to issue pursuant to Minnesota Statutes, Chapter 429, its negotiable General Obligation Improvement Bonds, Series 1998A (the "Bonds") in the aggregate principal amount of$3,370,000, dated April 1, 1998, which Bonds shall bear interest at the rates above set forth, computed on the basis of a 360-day year of twelve 30-day months, payable February 1, 1999 and semiannually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts as follows: 2 Year Amount Y-= Amount 2000 $375,000 2008 $200,000 2001 320,000 2009 170,000 2002 310,000 2010 165,000 2003 305,000 2011 160,000 2004 290,000 2012 155,000 2005 215,000 2013 150,000 2006 210,000 2014 120,000 2007 205,000 [The Bonds maturing on February 1, 2014 are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates and in the principal amounts as follows: Mandatory Redemption Date Principal Amount February 1, 2012 $155,000 February 1, 2013 150,000 February 1, 2014* 120,000 *Final Maturity The principal amount of the Bonds maturing on February 1, 2014 or required to be redeemed on each mandatory redemption date as set forth above, may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of Bonds of such maturities credited against future mandatory redemption requirements for such Bonds in such order as the City shall determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Registrar and Paying Agent may, and if directed by the City shall, purchase the Bonds maturing on February 1, 2014 in an amount not exceeding the amount of the Bonds of such maturity required to be redeemed on such date and at a price not exceeding the principal amount thereof plus accrued interest. Any Bonds so purchased shall be canceled and the redemption thereof shall be credited against the principal amount of Bonds of such maturity required to be redeemed on the next mandatory redemption date.] All Bonds maturing on or after February 1, 2004, being subject to redemption and prior payment in whole or in part in such order as the City may determine and by lot within a maturity at the option of the City on February 1, 2003, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like /9 3 maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of$5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: 4 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN No. $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1998A Interest Rate Maturity Date of Original Issue CUSIP April 1, 1998 Registered Owner: Principal Amount: The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from April 1, 1998, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing February 1, 1999, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of , in , as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. [The Bonds of this series having a stated redemption date of February 1, 2014 are subject to mandatory sinking fund redemption on February 1 in each of the years to as provided in the Resolution described below.] The Bonds of this series maturing on or after February 1, 2004, are subject to redemption at the option of the City, in whole or in part in such order as the City may determine and by lot within a maturity, on February 1, 2003 and any date thereafter at par and accrued interest. Thirty days' notice of prior redemption will be given by mail to the bank where the Bonds are payable and to the 0?D 5 registered owners in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the payment of which moneys are set aside by the City on the redemption date, shall not bear interest after the redemption date, regardless of any delay in its presentation. During such time as this Bond is registered in the name of Cede & Co., as nominee of Depository Trust Company New York,New York("DTC"),the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representation executed by the City and DTC as such Letter may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $3,370,000, all of like date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Chapter 429, Minnesota Statutes, for the purpose of providing funds for various street, sewer, water and storm sewer improvements identified in the Resolution described below; and this Bond is payable primarily from special assessments levied from its Improvement Bonds of 1998A Fund, but this Bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem taxes on all taxable property in the City, if required for such purpose, without limitation as to rate or amount. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted March 17, 1998 (the "Resolution") only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of$5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth,the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the Registered Owner or the owner's duly authorized attorney upon surrender thereof to the Bond Registrar. 6 0? IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Eagan, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. Dated: April 1, 1998 (Facsimile Signature) Mayor (Facsimile Signature) City Clerk Bond Registrar's Certificate of Authentication and Registration This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Eagan, Minnesota. Bond Registrar By Authorized Signature �� 7 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please insert Social Security Number Notice: The signature to this assignment or other identifying number of must correspond with the name as it appears Assignee on the face of this Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 4. The Bonds shall be payable upon presentation at the office of , in , as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Bonds shall be prepared in typewritten or printed form under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of April 1, 1998, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have a3 8 been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean Depository Trust Company New York,New York. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Blanket Letter of Representation from the City to DTC, substantially in the form presented to this meeting. (b) The Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and 9 �� discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph(f) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The execution and delivery of the Representation Letter to DTC by the Mayor or the City Clerk, in the form presented, with such changes, omissions, insertions and revisions as the officer executing the same shall deem advisable, is hereby authorized and execution of the Representation Letter by the Mayor or the Clerk shall be conclusive evidence of such approval. The Representation Letter incorporate by reference certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 7 hereof. 7. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any 10 Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. S. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither 11 �� the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. There is hereby created a special fund, to be known as the Improvement Bonds of 1998A Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said fund to pay such principal and interest, the City Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of special assessments for the Improvements. The proceeds of the Bonds herein authorized shall be deposited in a separate construction fund to be used solely for the payment of expenses of such Improvements. Any remaining proceeds may be used for any lawful purpose. All future collections of special assessments for the Improvements are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bonds herein authorized, and the moneys and investments in the Improvement Bonds of 1998A Fund shall be used for no other purpose than to pay principal and interest on the Bonds until such principal and interest shall have been paid in full; provided, however, that nothing herein contained shall prevent the issuance and sale of additional bonds payable from the proceeds of such assessments to provide additional funds to pay the balance of the cost of said Improvements. The City is hereby authorized to levy assessments for said Improvements for which special assessments have not heretofore been levied. The City Treasurer may create separate accounts within the Improvement Bonds of 1998A Fund for any capitalized interest and for assessment prepayments. 11. There is hereby found and determined that the pledged special assessments, will produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds, but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of the City have been and are hereby pledged; and the City Council shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 12. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Improvement Bonds, Series 1998A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 13. The Official Statement relating to the Bonds, on file with the Clerk and presented to this meeting, is hereby approved and its designation as a"near final' Official 12 Statement for purposes of Rule 15c2-12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered in connection with the delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 15. The City shall not take or permit any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereunder, including(if applicable)the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk of the City is hereby authorized to make on behalf of the City all elections that he may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be "arbitrage bonds"within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 15 shall have the meanings provided in the Code and regulations thereunder. 16. The Bonds are hereby designated "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986. 17. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Dakota County, and obtain the County Auditor's certificate as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 13 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held March 17, 1998 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of$3,370,000 General Obligation Improvement Bonds, Series 1998A of said City. WITNESS My hand officially and the seal of the City this_of March , 1998. City Clerk City of Eagan, Minnesota (Seal) M 1:0355762.01 14 Agenda Information Memo March 17, 1998 Eagan City Council Meeting C. APPROVE THE SALE OF APPROXIMATELY$1,565,000 CIVIC ARENA GROSS REVENUE BONDS ACTION TO BE CONSIDERED: To approve the resolution awarding the sale of$1,565,000 Civic Arena Gross Revenue Bonds. FACTS: • At the February 17, 1998 City Council meeting, a resolution was approved relating to the financing of a second sheet of ice. • The resolution authorized the use of a negotiated sale which is the best available option given the circumstances of this financing. • The negotiations have been proceeding and it is expected that a proposed agreement can be presented to the City Council at this meeting. In the event agreement has not been reached, the official action will be continued. • The City has been attempting to maximize the amount of bonds that can be supported by the estimated annual revenue stream of$123,000. • A gross revenue bond means that the City is pledging the first revenues from the expanded Civic Arena complex to payment of the debt service. This is essentially saying that the City will continue to operate the facility for the life of the bonds and will fund any deficits if they were to materialize. 30 Agenda Information Memo March 17, 1998 Eagan City Council Meeting 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. Street Maintenance Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Kurt Schlegel as Street Maintenance Supervisor. Item 2. GIS/Computer System Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Erik Slettedahl as GIS/Computer System Coordinator in the Community Development Department. Item 3. Code Enforcement Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Mary Granley as Code Enforcement Technician in the Community Development Department. Item 4. Planner-- ACTION TO BE CONSIDERED: To approve the hiring of Robert Kirmis as a Planner in the Community Development Department. Item 5. Building Maintenance Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Howard Favilla as Building Maintenance Supervisor. Agenda Information Memo March 17, 1998 Eagan City Council Meeting Item 6. Seasonal Park Laborer-- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Rausch as a seasonal park laborer. Item 7. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Hadden as a seasonal street maintenance worker. Item 8. Resignation/Clerical Tech IIUEngineering— ACTION TO BE CONSIDERED: To accept the letter of resignation from Camelia Balow as an Engineering Clerical Tech III. 3� Agenda Information Memo March 17, 1998 B. PINETREE PASS—EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate drainage and utility easements within Pinetree Pass and schedule a public hearing to be held on April 7, 1998. FACTS: • On March 5, 1998, City staff received a petition from David Hinners representing Lundgren Brothers Construction, Inc., the developer of the Pinetree Pass subdivision, requesting said vacations. • The easements were originally dedicated for the purposes of sanitary sewer, storm sewer, drainage, and access. • The utilities and access rights within the easements proposed to be vacated will be covered by easements dedicated on the final subdivision plat of Pinetree Pass at the time of recording. ATTACHMENTS: Legal description graphic, pages 3y—through . 3-3 azR-ar era a mft \ xCxA7f1 RIR011 �— T 7 Js)2i� IaK g1 I AN In A x vras+ wnoR it I k E I � A f AIR i�' � a� ( +'�i+ �\� LmC _ Y . E--a 41 W w� I 5,.sraatroR � yjF- ���� I ••••ini�'Lieb".7O"141 Viii�=..� v I I aV ONI \CL-,f alSNCO 'S08S N38OGNm c woo-uo!zw)•ism mm vYvuvrirromm eros osL V10S3NNIN •�V�dl � 9 � i - i OKI ,LSIf19HaE1-aZ1H.LVS 0 ?� 1*4 So NV'd ONIGVL10 27 AinLL 1 b WETLAND. Wd Vill 40 _ C; , 6-9 iNIZ ���� /f"^ } \ 11\� '"'`� 1�\ � t o• o=ff / 71 WI CL 1 ; l Y � �•\�\�l l,I 1 W 4 / \ Zi� - '_ � - 0 7 . l ••y �j i \\ T / V I / •�,��; ,� � `ii°- 888 � NIT I 11 1�1 I I IS:. 3 �. -,,ai? �' P•o�N�H[LL�\���` �`\`I..�{ �' Agenda Information Memo March 17, 1998 C. FINAL SUBDIVISION & FINAL PLANNED DEVELOPMENT (PARK CENTER SIXTH ADDN) ACTION TO BE CONSIDERED: • To approve the Final Subdivision for Park Center Sixth Addition consisting of one lot on approximately 10.5 acres located north of Cliff Road and west of Cliff Lake Drive in the southeast quarter of section 30. • To approve the Final Planned Development for Park Center Sixth Addition consisting of one 16 screen cinema and associated parking. FACTS: • All documents have been signed and are in order for execution at the regular City Council meeting on March 17, 1998. ATTACHMENTS: • Final Plat drawing, page�. _ �a � � ,! ' .ice�.._ • S q� ���j�i4��);! 1�i I� 2 i •� e i� is i d it K ! Fl�sg�f i !1�;g � 5 � lie!steel! l!i {i ? _�" I � 1` I �alSElt$S� t 5 ly- ---� - - - - - - - -mar q C dos CL t� `�` Zrl�C.�/ sem► / II.,^ ! `�I V co C1' X I ----a W 11 1 I L •, � . , (U iii I •�`,j� � I ' r -- ---------' �� � LF � -J/ ,I(1U /1 RR 3iRMAg V_J�/ c1 v ) :- YU } °■i Alt{ ;� ` lC�ee`d RE Agenda Information Memo March 17, 1998 Eagan City Council Meeting D. PROCLAMATION, BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY,MARCH 27, 1998 ACTION TO BE CONSIDERED: To adopt a proclamation recognizing March 27, 1998 as Burnsville/Eagan Public Access Volunteer Appreciation Day. FACTS: • The Burnsville/Eagan Telecommunications Commission and Meredith Cable have cooperated in recent years to hold a public access volunteer appreciation event to recognize those individuals involved in the production of community television. • This year,the event is scheduled for Friday evening, March 27th at Royal Cliff Banquet Center. Invitations have been forwarded to the City Council under separate cover. BACKGROUND: • Resolution enclosed on page . 3 � CITY OF EAGAN PROCLAMATION BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY MARCH 27, 1998 WHEREAS,from January 1, 1997 to December 31, 1997,337 citizens volunteered 2,497 times,which totaled over ten thousand hours of their time and energy to provide public access programming to the communities of Burnsville and Eagan,resulting in 408 hours of original public access programming and 43 8 new productions;and WHEREAS,these public access programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities,which otherwise would not be provided; and WHEREAS,the Burnsville/Eagan public access volunteer producers and their crews have established TV 15,Burnsville/Eagan Access Television,as a premier public access channel with having received over 20 state and national awards; and WHEREAS,these volunteers receive no compensation for their time, energy and production skills,other than the occasional thank you by appreciative viewers and citizens; and WHEREAS,the Burnsville/Eagan Telecommunications Commission, in cooperation with Meredith Cable and their Burnsville/Eagan local access staff,have decided to demonstrate their appreciation by honoring all the 1997 public access volunteers,with the Burnsville/Eagan Public Access Volunteer Appreciation Event on March 27, 1998. NOW,THEREFORE LET IT BE RESOLVED,that I, Tom Egan,Mayor of the City of Eagan,do hereby proclaim Friday,March 27, 1998 as BURNSVILLEXAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this 17`''day of March in the year of our Lord One thousand nine hundred and ninety-eight. CITY OF EAGAN Motion made by: Blomquist CITY COUNCIL Seconded by: Masin By: Its Mayor Those in Favor: All Attest: Those against: None Its Clerk CERTIFICATION I,E.J.VanOverbeke,Clerk of the City of Eagan,Dakota County,Minnesota do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan,Dakota County,Minnesota, in a regular meeting thereof assembled this 17`t'day of March, 1998. E.J.VanOverbeke,City Clerk City of Eagan 39 Agenda Information Memo March 17, 1998 Eagan City Council Meeting E. RECOMMENDATION,AIRPORT RELATIONS COMMISSION, NORTHERN DAKOTA COUNTY,AIRPORT POLICY ISSUES ACTION TO BE CONSIDERED: To approve the recommendation by the Airport Relations Commission concerning airport policy issues to be coordinated with other cities in the Northern Dakota County Airport Relations Coalition as presented. FACTS: • The City has participated in an informal cooperative effort with the cites of Mendota Heights, Inver Grove Heights, Sunfish Lake and Mendota to emphasize common policy positions regarding the operation of the Minneapolis-St. Paul International Airport. As part of that activity,the participating cities have identified series of issues from which a short list of common issues will be determined. This was done a number of years ago when the coalition first formed and as some of the initial issues have been resolved, it is appropriate to consider other priorities. • The Airport Relations Commission considered this item at its regular meetings of February I Oth and March 10''and its workshop meeting of February 19th. The Commission is recommending that four items be submitted to the Northern Dakota County group for future consideration. • Representatives of Northwest Airlines receive copies of Commission agendas. Jennifer Sayre of Northwest indicated that the company is not opposed to the general intent of the recommended items, but did make two comments. She acknowledged that there may be late night activities at the airport that could be addressed, but she indicated that the company is not in a position to further restrict its nighttime operations beyond the current 10:30 p.m. to 6:00 a.m. voluntary agreement. She also stated that the company respects the City's emphasis on aircraft corridor compliance as a means of noise abatement, but would not support the imposition of penalties for non-compliance. BACKGROUND: • Staff memorandum with recommendations on pages through _ . �0 YOlLY.::ifi.;H:.{i:�';.r`'J, 4> : :' MEMO city of eagan TO: Tom Hedges,City Administrator FROM: Jon Hohenstein,Assistant to the City Administrator DATE: March 11, 1998 SUBJECT: NORTHERN DAKOTA COUNTY AIRPORT RELATIONS COALITION POSSIBLE TOPICS FOR MULTI-CITY COLLABORATION At its meeting of March 10, the Airport Relations Commission unanimously supported a recommendation that the City of Eagan adopt four items as priorities for common issues of the Northern Dakota County Airport Relations Coalition. The list will be prioritized by the participating cities based on the potential for the Coalition to achieve a consensus and the ability of the Coalition to impact the issues. Any issues that would actually be opposed by a coalition city will be removed from the list. Those that receive endorsement from all of the cities will be given the most effort (Tier I). Those that receive endorsement from a majority of the cities will follow(Tier II). The remainder will be retained for future consideration. The Commission is recommending the following items: 1. Further Nighttime Restrictions on Aircraft Operations 2. Monitor and Study Compliance with Non-Simultaneous Departure Procedures 3. Review Effectiveness and Consider Expansion of MAC Aircraft Noise Operations Monitoring System (ANOMS) 4. Corridor Definition/Compliance Issues (Possibility of penalties) The following issues were also considered, but were not recommended by the Commission: 1. Monitor and Study the Consequences of the"Close-In" vs. "Distant"Departure Procedures over Minneapolis 2. Composition of MAC Body—Accountability Issues 3. Equitable Runway Use—Use of Runway 4/22 4. Noise Measurement Issues—Encourage Use of Countours and Measurements in Addition to 65 5. Runway Construction Issues 6. Encourage Conversion from Hushkit Stage III to New Stage III 7. Advocate for Environmental Assessments for Incremental Growth in Noise Impacts 8. MSP Long-Term Comprehensive Planning Issues—Expansion of Existing Airport 9. Metropolitan Council"Noise Zone Map" Update and Related Land Use Controls 10, Sound Insulation of Air Noise Impacted Homes—FAA Part 150 Program 11. Aircraft Ground Noise/Low Frequency Noise During Periods of Departure Over Minneapolis 12. Aircraft Engine Run-Up Noise 13. Encourage Modifications of Noise Abatement Departure Profiles The Northern Dakota County Coalition will meet to consider the various cities' priorities on March 19. If you have questions about this information or the Commission action, please contact me. Qir-, 'AWt�� Assi nt to the City Administrator Agenda Information Memo March 17, 1998 Eagan City Council Meeting F RECOMMENDATION AIRPORT RELATIONS COMMISSION METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL ASSESSMENT COMMENTS ACTION TO BE CONSIDERED: To approve recommendation by the Airport Relations Commission supporting modifications of the communications and background support for the Metropolitan Aircraft Sound Abatement Council as presented. BACKGROUND: • The Metropolitan Airports Commission contracted with the firm of Padilla Spear and Beardsley to perform an assessment of ineffectiveness of the Metropolitan Aircraft Sound Abatement Council. The firm presented a report regarding its findings which is available for Council review. The general findings were; 1.) There is not a common understanding of MASAC's purpose among its members. 2.) There is a lack of efficient communication within the organization and to the communities it represents. 3.) The motives of the industry representatives tend to be relatively consistent while the motives of the communities tend to conflict. 4.) There is a lack of trust among the parties,particularly by the community members as they pertain to MAC and the airlines. 5.) The consultants suggest that a series of task forces be formed to form a mission statement, identify organizational leadership issues, improve internal and external communication and address membership composition and terms. • Potential specific action steps were outlined in correspondence from MASAC Chair. The Commission is recommending City support for those recommendations outlined in the packet attachment. BACKGROUND: • MASAC correspondence/recommendations on pages 1111V through Z13 Com ) Metropolitan Aircraft Sound Abatement Council (MASAC) 6040 28th Avenue South • Minneapolis, Minnesota 55450 • (612) 726-9411 Chairman: Robert P. Johnson Past Chairs: Scott Bunin, 1990-1995 Walter Rockenstein, II, 1982-1990 Jan Del Calzo, 1979-1982 Stanley W. Olson, 1969-1979 March 9, 1998 Dear MASAC Representative: As a follow-up to last Monday's MASAC meeting, I'd like to offer some specific guidelines for developing ideas on how MASAC may want to address the Padilla, Speer and Beardsley (PSB) assessment and findings. First, focus your efforts on the MASAC organization and how the organization, as a whole, can operate more effectively. Suggestions or requests pertaining to specific aircraft operational or noise issues will not be entertained at the March 31, 1998 meeting. These types of operational requests should be put in writing and addressed to me for timely consideration by the MASAC Operations Committee. Secondly, consider PSB's suggestions, including: • Developing a member handbook that includes a statement of purpose or mission, documentation of MASAC's history, a member roster and an organizational chart • Developing common selection/appointment criteria and processes for use by community leaders; define specific expectations, qualifications, responsibilities, etc. • Developing a monthly communication package to MASAC members that includes the minutes of MASAC committees and MASAC meeting minutes. • Developing monthly report packages from members to constituents and their appointing authorities. • Holding annual meetings by executive committee members with community/industry constituents. • Developing a quarterly newsletter for community leaders that could also be shared with MAC, city representatives and citizens. • Maintaining a higher profile of MASAC among community residents - provide public education on noise abatement and related issues through newsletters, tours, information meetings and reports. • Developing a tracking log - maintain a document that tracks and reports progress of projects and initiatives as they move through the pipeline. • Holding New Member Orientation Workshops for new members. �y ® RECYCLED PAPER Also, keep in mind the four areas discussed at Monday's meeting, including: 1. What is the purpose of MASAC? 2. How can MASAC as an organization and as individual members better communicate both internally and externally? 3. How should MASAC members address the issue of conflicting motives? 4. How should MASAC members address the issue of trust between the public and user representatives? To help you in your efforts, enclosed are copies of PSB's overheads from Monday's meeting. Please use this resource, as well, as you consider the above and your own good ideas to improve the organization and operation of MASAC. Finally, coordinate your efforts with your appointing authority. Please remember, the main purpose for the next meeting is to develop a "plan of action" that members can agree upon to bring to the April 7, 1998 P&E Committee meeting. Thank you for your participation in this important process. I look forward to seeing you March 31". Sincerely, Bert P. Johnson MASAC Chair Enclosure �s Agenda Information Memo March 17, 1998 Eagan City Council Meeting G. AMENDMENT TO THE 1998 FEE SCHEDULE FOR FIRE HYDRANT AND CONSTRUCTION METER USE AND DAMAGE DEPOSITS ACTION TO BE CONSIDERED: To approve an amendment to the 1998 Fee Schedule for fire hydrant and construction meter use and damage deposits. FACTS: • The City's comprehensive 1998 Fee Schedule was presented to and approved by the City Council on December 3, 1997. • The fee schedule approved charges and damage deposits as follows: Temporary construction hydrant meters - (6 mo. max.) Permit Fee $ 25.00 Damage deposit - 3" meter 400.00 Damage deposit - all other meter sizes 200.00 • Based on how the usage works in actual practice, staff is recommending the following revised charges and damage deposits: Temporary construction hydrant meters Permit Fee $ 40.00 Hydrant damage deposit 200.00 Meter damage deposit 700.00 3" back flow preventor& cart damage deposit 1,800.00 Trip Fee (if required) 30.00 Agenda Information Memo March 17, 1998 Eagan City Council Meeting H. APPROVE VARIOUS FUND CLOSINGS AND TRANSFERS ACTION TO BE CONSIDERED: To approve the following fund closings and transfers: I. To be effective retroactively to 12-31-97 for financial reporting purposes: A. Fund #489, 1992 Equipment Certificates closed and all assets transferred to Fund #335, Equipment Revolving Fund. B. Fund #441, Municipal Expansion 1982 closed and all assets transferred to Fund #337, Community Investment Fund. II. To be effective upon completion of all 1998 financial transactions (debt service payment and tax levy collections): A. Fund #481, 1993A Equipment Certificates, closed and all assets transferred to Fund #335, Equipment Revolving Fund. III. To be effective at 12-31-98: A. Fund #451, 1990 Refunding Special Assessment Debt Service Fund and Fund #468, 1990 Special Assessment Debt Service/1993D Refunding Fund be combined. FACTS: • The City Council has the authority to designate the use of assets after the bond covenants have been satisfied. Past practice has been to transfer the remaining assets to specific funds having a similar purpose or to funds having community-wide benefit. I. Effective retroactively to 12-31-97: • Fund #489, 1992 Equipment Certificates, was created as the debt service fund to repay the bond holders. The last debt service payment was made during 1997,- consequently, 997;consequently, the fund is no longer required. It is the staff s recommendation that the balance of the assets, approximately $7,200, be transferred to the Equipment Revolving Fund. • Fund #441, Municipal Center Expansion 1982, was created as the debt service fund to repay the bond holders for bonds sold when the new City Hall was constructed in 1982/1983. The last debt service payment was made during 1997; consequently, the fund is no longer required. Staff is recommending that the remaining assets of approximately $79,000 be transferred to the Community Investment Fund. q Agenda Information Memo March 17, 1998 Eagan City Council Meeting II. Effective upon completion of 1998 financial transactions: • Fund#481, 1993A Equipment Certificates, was created as the debt service fund to repay the bond holders. The final debt service payment and tax collections will take place during 1998. Staff is recommending that the remaining assets then be transferred to the Equipment Revolving Fund. Approximately $2,000 of assets will be transferred at that time. III. Effective at 12-31-98 • Fund #451, 1990 Refunding Special Assessment Debt Service Fund, has a 12-31-97 fund balance of$1,415,929 with no bonds payable. Fund #468, 1990 Special Assessment Debt Service/1993D Refunding Fund, has a 12-31-97 fund balance of $1,669,455 and bonds payable of$3,450,000. It is staffs recommendation that the funds be combined effective 12-31-98. The City will reduce its arbitrage rebate requirement by combining the funds at that later date. 70 Agenda Information Memo March 17, 1998 I. FINAL SUBDIVISION & FINAL PLANNED DEVELOPMENT (BCBSM EAST ADDN) ACTION TO BE CONSIDERED: • To approve the Final Subdivision for BCBSM East Addition consisting of one lot and two outlots located north of Ashbury Road and east of Blue Cross Road in the northeast quarter of Section 17. • Approve the Final Planned Development for BCBSM East Addition consisting of a Phase I office development of approximately 66,000 sq. ft., a Phase Il office expansion of approximately 60,000 sq. ft., and associated parking. FACTS: • Staff anticipates all documents to be signed and in order for execution at the regular City Council meeting on March 17, 1998. ATTACHMENTS: 00 • Final plat drawing, pages �through�. • Sitelan� page .Z- p � 9 s O : / eat —awa— nslr .-~• H �� rte• �•�• -I' !.•• ' ; �/. � 1'�.l �� Q �'.'-1 � � •.Tw\ \ �S d8 ./f ��� gel � � �I�j'►�'`�� t� I ,/���+ AL1 W I � Jai if « ........ . �oosl .... r, .«.el.lo.os ....... .� W mar c' 246 \ ♦ ti� tl � z + \ \� i e� 4 • \ \\ �, 1'e �Y x= 5 a all Yee SOC /�`f I DI I 10 13 4-1 0 0 3 E-4 4WIN 'w'.w -rl c ) r \.. � co i,- c CD cf) 4 1. lr LLJ cf) S) all Io t t i !!a! � g8g !! I s Q : U '� � ill �� I � 1-� � -��� � 7 it fill ' I I � pia POW ? lilt I � �• t . 1 o � 1 • � I \ r e I I ;\ I I' Ik I: I � O t 6 Nh t J .• , r- P��0 �;' ttrJji�i��ltiitl�► i1iPt� eittPePr�u i � •• �v IJ��{{�dl13IIIZJI ;IIIJ il{f�,1►ili • t { � - ' �{{{{{{{11{{ill1{llll 1ll11 111111{1111 `� 1 Agenda Information Memo March 17, 1998 Eagan City Council Meeting J. WORLDCOM FIBER OPTIC LICENSE AGREEMENT ACTION TO BE CONSIDERED: Approve a License Agreement with Worldcom Fiber-optic Co. and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The staff has received a request from the Worldcom Fiber-optic Co. to access and cross City owned property to install a fiber optic cable within one of the Williams Pipeline Co. empty fuel pipelines. The point of access would be within the Highline Trail corridor just west of Thomas Lake Rd. • Upon review of the application by the City Attorney's office, it was recommended that this temporary access permit be handled by a more formal license agreement. This agreement has been reviewed by the Parks and Public Works Departments and found to be in order for favorable Council consideration subject to concurrence by Worldcom. Agenda Information Memo March 17, 1998 K. CONTRACT 98-07 WILDERNESS RUN 5T" & 6TH ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 98-07 (Wilderness Run 5`h and 6`h Additions - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 16, 1998. FACTS: • Contract 98-07 provides for the bituminous overlay of the streets within the Wilderness Run 5th and 6th Additions as outlined and discussed in the feasibility report for Project 729. • On February 17, 1998, the City Council held a Public Hearing for Project 729. After hearing presentations and comments from some of the affected property owners within the Wilderness Run Neighborhood, the council approved the project and authorized the preparation of detail plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Agenda Information Memo March 17, 1998 L PROJECT 733, MCKEE ADDITIONS STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the feasibility report for Project 733 (McKee Additions - Street and Utility Improvements) and schedule a public hearing to be held on April 21, 1998. FACTS: • On December 16, 1997, the City Council directed staff to prepare a feasibility report considering street improvements within the McKee neighborhood. • The neighborhood includes Kenneth Street, Beatrice Street, McKee Street, Keefe Street, and First Street, all east of Lexington Avenue, north of the intersection of Lone Oak Road. • The reconstructing of the streets within the McKee Additions is programmed for 1998 in the 1998-2002 5-Year CIP. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS • Feasibility Report, enclosed without page number. Agenda Information Memo March 17, 1998 Eagan City Council Meeting M. APPROVE Releaf Grant Applications,Minnesota Department of Natural Resources ACTION TO BE CONSIDERED: To approve the MnDNR 1997-99 Minnesota ReLeaf Community Tree Planting Grant agreement to receive $7,000 for the City's Tree and Landscape Package sale. and To approve the MnDRN 1997-99 Minnesota ReLeaf Community Forest Health Grant application to receive $10,000 for oak wilt supression. FACTS: • The City Forestry Division has sponsored a public Tree Sale since 1987. Each year approximately 800 bareroot trees were sold to Eagan residents. • This year the Forestry Division has improved and expanded the Tree Sale to include the selling of 200 "landscape packages". Each package includes one bareroot tree,three bareroot shrubs, and fifteen bareroot perennials. Additional improvements to this year's tree sale include the sale of"native" plant stock only and the inclusion of a 3-ounce packet of a naturally occurring beneficial tree fungal fertilizer. The installation of"landscape packages" versus individual trees will not only increase survival changes of planted trees, but also enhance the landscape aesthetics of residential yards. • The grant amount of$7,000 will be used to offset the difference in cost of additional plant material associated with the sale of landscape packages. • The City Forestry Division has assisted the public with oak wilt suppression costs through the implementation of a federally funded grant program since 1993. This program has now expired. • This year state assistance has been applied for through the Community Forest Health Program. • The grant amount of$10,000 will be used to reimburse oak wilt supression costs incurred by both the private and public sector in Eagan. ATTACHMENTS: • Grant application forms on pages through�. s6 S' 1997 - 99 MINNESOTA ReLEAF COMMUNITY TREE PLANTING PROGRAM APPLICATION FORM due November 20, 1997 Application is limited to this 4-page form - only support letters from cooperators may be attached. Please refer to the Application Guidelines&Community Tree Planting Program Project Selection Guidelines when completing this from This form is available via email and on disk in various IBM-compatible formats. 1. Project Name& Location Date: 11-18-97 Project Name: Tree and Landscape Package Sale City(or County): Eagan Legal Descript: Twsp: 27N Rage:23W Sect 1-36 Is this applicant applying for other Mn ReLeaf funding? no X yes -if so,please list other project names here: MN ReLeaf — Community Forest Health Program 2. Applicant Contact Information Applicant Organization Name: City of Eagan Contact Person: Gregg Hove Phone No: 1(6 2 ) 681-4300 Mailing Address: 3501 Coachman Pt. City,State,Zip code: Eagan, MN 55122 Project Technical Advisor: Gregg Hove Phone No: 1(6 2 ) 681-4300 3. Applicant Eligibility (check one) _LMunicipality_Township County_School District _Other local government specify: Non-profit Organization(with 501(c)(3)status) 4. Project Summary Statement For the past 11 years the City of Eagan has"greened up"the city through the implementation of a public tree sale. Over 8,800 individual bare root trees(800 per year)have been planted on private property through this popular program. Next year we would like to take this program to"the next level";that is to encourage the planting of native stock in a"natural setting". This will be accomplished by the selling of"landscape packages"versus individual trees. Beginning in 1998 we would like to offer for sale 200"landscape packages",as well as 400 individual trees,during our tree sale event. This will be the first step in a complete transformation of the tree sale from individual trees to"landscape packages". The packages will include 1 native tree(bare root),3 native shrubs(pot), 15 native perennials(potted), and a 3 ounce packet of MycorTree Tree Saver Transplant. Our goal with this revised program is to educate residents of Eagan on the benefits of"cluster planting"native trees in a more natural-like arrangement,as opposed to individual placement of trees in a"sea of green turf'. Written information on site preparation,planting methods,and follow-up maintenance will also be distributed. We are requesting Mn ReLEAF funding to assist in this transformation. We feel that a subtle change over a couple of years from the traditional selling individual trees to the selling of only landscape packages will be more readily accepted by residents. Additional funding is needed to cover the increased costs of selling both"products". 5. Project Schedule(approximate) Start up date: April 26, 1998 Planting date.: April 26, 1998 Completion date: An r i 1 26. 1998 6. Project Budget Summary a. Non-state cash contributions: S 12,078.75 Ig %of total b. Non-state in-kind contributions: S 2,048.00 9 %of total c. Mn ReLeaf Funding Requested: S 10,000-00 41 %of total TOTAL PROJECT COST(a+b+c): S 24, 126.75 MnRL Tree Planting Application I s � 7. Property Ownership a. Who is the property owner? 400 Private property owners/residents of Eagan b. Has property owner permission been obtained? —yes, written _yes, verbally and written permission will be obtained by (date) X no, explain: Plant material will be purchased by residents to be planted on their private property by themselves. 8. Local Community Forestry Program Information Greggove (612) 681-4300 City forester(or tree inspector)-name: gg phone no: address: 3501 Coachman Point, Eagan, MN 55122 9. Project Purpose and Public Benefits Activities Check off the activities the project will achieve and/or.comment below on how the project will meet the Community Tree Planting Program Project Selection Guidelines-Secondary Criteria# 2, 3&4. shades west or east windows X restores plant community/riparian corridor _creates community windbreak X reforests or helps mitigate after a natural disaster Xshades pavement or parking X has related educational programs Xincreases tree canopy cover X site is highly visible Xenhances wildlife habitat site has public access X involves volunteers or youth _other(list) . The"naturalizing"of our tree sale will provide both short-term benefits as trees will be planted into more biologically beneficial settings(shaded root zones,less chance of physical trunk damage,etc.),and long-term benefits as participants will receive modern landscape education as they install their landscape packages. Hopefully,the presence of 200 new landscape projects throughout the city will serve as living examples of superior landscape installation methods. 10. Project Personnel and Participants This project will involve the assistance of eight city staff members as listed below: 1. Gregg Hove- Supervisor of Forestry(4 years)- Project Coordinator 2. Paul Olson- Superintendent of Parks(2 years)- Financial Operations 3.Diana Bolander– Hort. Specialist(3 years)- Technical Assistance 4.Assistant Forester(to be hired 1998)- Plant Handling 5-8 Seasonal Staff- Plant Distribution This project will also involve a variety of local volunteers. Typically volunteer help is provided by church groups,youth organizations,Boy or Girl Scout packs,or Garden Club members. This event has always proved to be an excellent vehicle to provide volunteers with plant education as well as a fulfilling work experience. 11. Project Location Briefly describe or diagram here where the project trees will be planted&the characteristics of the planting site. Please note: either during development or review of your application, DNR will need to meet with you to check your proposed plans and site and do a Needs Determination. For site specific projects you are strongly encouraged to have a site plan (planting plan) that can be reviewed during the Needs Determination field check Through the implementation of this Tree Sale, 400 planting sites will be created.. 400 individual trees will be sold to 200 individuals; and 200 landscape packages will be sold to 200 additional individuals. Written information will be provided to reside indicating plant characteristics and recommended plant locations. 2 MnRL Tree Planting Application vx 12. Tree Planting List List the quantity, species, and.size/type of each tree be planted through this project. Use the enclosed "MnReLeaf Trees and Windbreak Shrubs: Species Native to Minnesota"to determine which species are native to your Tree Rating Zone and mark those species below. Your Tree Rating Zone-nwnber: 1 name: Southeast QTY SPECIES NATIVE SIZE COMMENTS Botanical&Common Names to your Tree (&B&B, (optional: particular characteristics Rating Zone? bareroot, needed in the tree e.g. multi-stem,or (Yes or No) or potted) any unusual planting conditions) 145 Quercus bicolor, Swamp White Oak Y — R 150 Betula platyphylla, Whitespire Birch Y 6-81BR 3—stem clump 100 Fraxinus pennsylvanica, Fall Gold Psh Y 6-81BR 75 Quercus rubra, Red Oak Y 6-81BR 50 Tilia americana, American Linden Y 6-81BR 80 Prunus pennsylvanica, Pin Cherry Y 6-81BR 600 TOTAL#OF TREES TO BE PLANTED 13. Budget Breakdown Please itemize the project budget specifying material and labor costs and the sources and amount of in-kind contributions. In- kind contributions may include in-house or donated labor,goods,services,etc. (see MnReLeaf In-kind Contribution Rate Sheet). QTY ITEM UNIT NON-STATE NON-STATE MNRL - TOTAL COST IN-KIND MATCH CASH FUNDING (S) (S) (S&source) (S&source) (S) PROJECT PREPARATION(planning,workshops,school programs,publicity,etc) (Sale Preparation) 40 staff(hours) 23.00 920.00 920.00 — expenses — TREE STOCK (Trees, shrubs, perennials) 600 Trees 16.47 avg. ) 9 856.25 9,856.25 600 Shrubs 9.05 avg. ) 5,'430.00 5,430.00 3,0001 Perennials 1 2.15 avg.) b,442.50 1 6,442.50 SITE PREPARATION,PLANTING&CARE (Plant Sale) 24/40 staff(hours)fulltiseasona 23.0?6,p 552.00/400.00 52.00 00.0 32 volunteers(hours) 5.50 176.00 176.00 200 Tree Saver Transplant 1 .75 206.25 143.75 350-00 TOTAL 29-048.00 12,078.75 10,000.00 24,126.75 MnRL Tree Planting Application Cg 3 14. Pt`oject Implementation Site Preparation a. Written information will be provided to residents, in the winter issue of the City of Eagan newsletter. Details of plant material characteristics and site requirements will be provided to aid in participants plant selection and needed site preparation. b. Written information will also be distributed to participants at the time of plant material distribution. Strong emphasis will be placed on site preparation,plant installation,and maintenance. Plant Materials Handling, Inspection and Storage All plant material will be purchased by city staff from a local nursery(Cross Nursery of Lakeville). Inspection will take place at the time of pick up. Plant storage will occur at the City of Eagan Maintenance Facility. All plants will be stored in appropriate conditions(cool,shady and moist conditions). City staff has at least 11 years of experience and a very good survival rate with this type of plant storage system. b. Planting Stock and Guarantee • How will plant stock be obtained and their quality assured? (All plant materials must be certified stock obtained from a nursery stock dealer or grower certified by the Minnesota Department of Agriculture and should meet ANS1standardsfornursery stock.) Plant material will be selected by city staff and purchased from Cross Nurseries, Inc. , Lakevill, MN. • Will you tag stock in nursery and be able to reject unsuitable stock? NA • Are project trees guaranteed, andfor how long? Not guaranteed, however, city staff is available, as always, to provide any needed technical assistance. 15. Maintenance Schedule Please list in the following table when and by whom primary maintenance activities will be performed for the first three years as well as over the life time of the trees. You may use the WhIDOT Community Roadside Landscaping Partnership Program: 1996 Training School"manual(pages 7-1 through 8-4) as a checklist. ACTIVITY WHEN IN 1998-2000? HOW OFTEN.OVER WHO'S RESPONSIBLE? TREE'S LIFETIME? monitoring watering PLANT MATERIAL WILI BE INSTALLED AND MkINTAINED BY THE weed control 400 PRIVATE RESIDE TIAL PARTICIPANTS. winter protection health problem treatment Ping I certify this information is valid and factual as described in this application and that all costs are eligible and the M NESOTA ReLEAF Community Tree Planting Program. Supervisor of Forestry 11-18-97 CA signature of auth fz community/organization official title date MnRL Tree Planting Application ej 0 4 f 1997-99 MINNESOTA ReLEAF , COMMUNITY FOREST HEALTH PROGRAM IBES APPLICATION FORM Application is limited to this 4-page form -only support letters from cooperators may be attached. Please refer to the Application Guidelines&Community Forest Health Program Project Selection Guidelines when completing this form.. This form is available via email and on disk in various IBM-compatible formats. 1. Project Name& Location Date: 1/15/W Project Name: Oak Wilt Suppression Program City (or County): Eag,n Legal Descript:Twsp: Range: Sect:_ Is this applicant applying for other Mn ReLeaf funding? no X yes-if so, please list other project names here: Community Tree Planting Program "Tree and Landscape Package Sale" 2. Applicant Contact Information Applicant Organization Name: City of Eagan Contact Person: Gregg Hove Phone N0: (612 681-4300 dy. 3501 Coachman Point C' State Mailing Address: - .Zip Code: Eagan, MN 55122 Project Technical Advisor. Gregg Hove Phone No: Advisor Mailing Address: 3501.'Caachman Paint 3. Applicant Eligibility (check one) x Municipality_TownsMp_County_Sctbol:Dishict Other local govemment specify: _Non-profit Organization (with 501(c)(3)status) 4. Projed Summary Statement Brieliv describe the project 1n the spacePrvvlded hens. This statement*771 be used in program pubikly and legislative. reports. ••' - . The City of Eagan is requesting matching 1;trsids for the implementation and _continuation.of. a Oak Wilt Suppression Program.. The City is-se-eking $1.0,.000 .in oak wilt suppression funds to matched by $22,300 in local in-kind- and cash contributions. With this funding assistance. t City will be able to significantly extend its 1998 operating budget to address needed oak w control efforts on public property, and to more importantly continue to implement reimburse ment funding to private property owners within the city who perform oak wilt control activi We believe that a cooperative oak wilt suppression program is a very positive step in the fight against oak wilt, and that only through an efficient partnership between private and 5. Project Schedule (appro)imate) public entities can this significant environmental program be Staftupdate: Upon receipt of g r a n t Completion date: June 10, 1999 6. Project Budget Summary a. Non-state cash contributions: $ 19,000 59 % of total b. Non-state in-kind contributions: $ 3,300 10 % of total c. Mn*ReLeaf Funding Requested: $ 10'000 31 % of total TOTAL PROJECT COST(a+b+c): $ 32.300 *Figures based on fi-incial records, 1993-1997 MnRL Forest Health Application 6/ T. Local Community Forestry Program Information City forester(or tree inspector) -name: Gregg Hove phone no: 681-4300 address: 3501 Coachman Point, Eagan, MN a. Project Purpose and Public Benefits Activities State how the project w771 meet the MnRL Communty forest Health Program's Secondary Criteria This disease control project will directly and immediately affect tree health as diseased oa' trees will be effectively managed and isolated from healthy tree populations. With timely isoloation of oak wilt infection centers the entire forest community will benefit. A long term benefit of this project will be preservation of mature oak forests, which make up the majority of Eagan's forest system. Public education will also be a by-product of this project as landowners receiveinformation and experiences on proper methods of disease control. Finally, this project will serve as -a catalyst to create and implement a- local community cash fund to carryon an oak wilt reimbursement program into -the future. Eagan is, and always has been, committed to protecting our natural resources. 9. Project Personnel and PaitIdpants Specify the personnel(staff, consuRants, or.experknced vro eels),mvoNed,thea qualifrcatans and experience(hcludhi accomplishments wth sknoar projects),Ed their resDonsrTJM for t is Dmiect. State whether vohrnteers a. oryd. wi be kwoked intheproject acid how they will he supervised Mote:any pest/ride applicator must haveappropriate Mir Dept Agrkuture lkense. Gregg Hove, Supervisor of Forestry, Eagan:- Manage and" oversee the'Se`'Tr�elzaa9� P�csgr.F provide communication:;With .Ad'4sory. Park.Commi§s ion and Gity _Council Greg as Served as. Supervisor of Eagan's Forestry Division since 1 `43; `before that he has experience i'n both private and public forestry. Seasonal Tree Inspector, Eagan - A tree inspector is hired in April .to carryout Eagan's Sha( Tree Disease Program. This individual addresses an average of 500 customer requests each y( associated with tree disease. He will be responsible for most aspects=cif. th.e oak.,wilt .prog detection, notification., con.ero1 efforCs, .and follow up reporting. Eagan landowners - For the past f LJe years' Eagan has averaged ' 81 oalc wilt infection centers (each center represents* an individual landowner) needing management, Activities. We have :ha a very good participation rate with prevous :oak wfht suppression cost .share :programs. Forestry Consultants = Private contractors will be. utilized at times to perform oak wilt control activities. 10. Project Location 8dely describe where the pmject will take place. This project will take place over the entirety of the City of Eagan. Historically, oak wil disease has been concentrated to the southern one-third of Eagan, but recent disease moveme has occurred to more northern parts of the. city. MnRL Forest Health Application /� a 1. Budget Breakdown Please lemize the pmiect budget specifying material and labor costs and the sources and amount of in-Idnd contributions. ' In-kdnd contributions may include in-house or donated labor, goods, services, etc. (see MnReLeaf la-kind Contribution Rate Sheet). OTY ITEM UNIT COST NON-STATE NON-STATE MNRL TOTAL IN-KIND MATCH CASH MATCH FUNDING ($) ($&source) ($&source) ($) PROJECT PREPARATION (planning,workshops, publicity, etc) staff(hours) expenses T_ CONTRACT COSTS — OAK WILT CONTROL ACTIVITIES Esti ate for 1998-99 Program 3,300 19,000 10,000 32,300 MATERIALS TOTAL 3,300 19,000 10,000 32,300 MnRL Forest Health Applicadon 3 12. Project Implementation Describe briefly, but technically, what methods will be used in achieving the projects intent Physical Disease Control Active oak wilt trees/infection centers will be controlled as diseased trees are identified, isolated' via root disruption with vibratory plows, and removed as prescribed. This control work will be performed by current landowners, whether private or public. Financial Reimbursement Financial reimbursement for eligible oak wilt control efforts will be distributed to landowners in amounts at least covering 50% of incurred expenses. These monies will be managed by the City of Eagan Forestry Forestry Division and Finance Department. 13. Monitoring Schedule Please list in the following table when and by whom primary post4featment monloring and inspection activIies rn7l be. performed for the first three years. ACTIVITY WHEN IN 1998-2000? WHO'S RESPONSIBLE? Oak Wilt Control folio Fahl 1998 Ea kn Tree Ins ector/Gre ! Hove I certify this information is valid and factual as described in this application and that all costs are eligible under the MINNESOTA ReLEAF Community Forest Health Program. Supervisor of Forestry t/15/98 signature of authorized community/organization official He date a MnRL Forest Health Application Agenda Information Memo March 17, 1998 Eagan City Council Meeting N. AWARD Contract 98-04 Rahn Park tennis courts ACTION TO BE CONSIDERED: To award Contract 98-04 for the repair of Rahn tennis courts. FACTS: • Repairs to the Rahn tennis courts is necessitated because of structural defects. • Bids were solicited and will be received March 16, 1998. • Eight companies have received plans and specifications to date. • With the bid opening the day before the City Council meeting, a recommendation will be made to the Council on Tuesday, March 17 regarding the successful bidder. • Funding for the repair has been budgeted from the Park Site Fund and was part of the 1998 CIP for parks previously approved by the City Council. • Construction start would not occur until after June 1, 1998 to avoid conflict with school use of the courts. CONCERNS: None ATTACHMENTS: None Agenda Information Memo March 17, 1998 Eagan City Council Meeting O. AWARD Contract for bid package#12,flooring -Eagan Civic Arena, Phase II ACTION TO BE CONSIDERED: To award bid package#12, flooring for Phase II of the Eagan Civic Arena to St. Paul Linoleum the amount of$27,344.00. FACTS: • The balance of bid packages#3-14 were previously awarded by the City Council. • Bid package#12 was held for further review and clarification. • After review of all bids, St. Paul Linoleum was the lowest bidder in the amount of $27,344. • Staff is currently processing a request for information regarding a labor deduct for installation by volunteers. CONCERNS: None ATTACHMENTS: None Agenda Information Memo March 17, 1998 Eagan City Council Meeting P. AWARD Contract for ice refrigeration and dasher boards-Eagan Civic Arena, Phase II ACTION TO BE CONSIDERED: To award the contract for ice refrigeration equipment to Rink Tec in the amount of $320,775.00 and award the contract for dasher boards to Becker Arena Products in the amount of$94,183.00. FACTS: • Bids were solicited and opened on March 3, 1993 for the ice refrigeration equipment and dasher boards for Phase II of the Eagan Civic Arena. • Four bids were received for the refrigerated ice floor system and six bids were received for the dasher boards. • The refrigeration package was estimated at $334,000 and the dasher boards at $102,000. • Staff is currently reviewing a deduction for labor for installation of the dasher boards by volunteers. • Various alternates were also bid to evaluate possible cost savings. None are recommended. CONCERNS: None ATTACHMENTS: , Bid tabulation on pages through�Q,4 The two packages represent a difference of$21,000 less than budgeted. V (D (D -,I CD 'fl (DD CD N O O C X nrn o �, :3 p v !O ' �, % Z 0 :e m cn " m _ 0 .� rn ' m � v ca 1 � I rn - 0. O = j Iii �!I vI �Ilil 7 ;D N Oi i(o 1v (O1 1 O fN Oi O 1d O Oi O, O', O O O! O' O' N Z X, x! X X ! o "�' ; � m LD GD') ---- - - -- --- - - ---- T — �- O a m D Z 'r1 2 00 CA N n X s m < d 3 n iv > `° 00 o m m c i v' rn of eco �! M 2 - 3 r D ! O101 K N O Q 1o! C'' O' C' z m o' O', O oI CD W fu CAw w w c : w -n ' c m O V �, 0 N N O O 3 O, Ot O O W c ! m a 1 U w rn ^ 3 CD v 0 A O cn O O G1f W O 3 r0► O' O W O .. i ! i � O O' !C O; O O 10 ,O' O tV ! j W C 1 w cc i co jN ' v 1 OJ' O CD N p .�. N O 0 O O O O 7 O O O 1 0 6� j In �CD � n 0 'O C CnCU, Z ICD to CA 'c' ;l, d cD N O D �' v v Z p', N _ � I Imo; a c' ! m m 0 ICD 0 W r- D cc O to m D yCD co � O o' o! o; co w'' C O �'I 0� �N `OI •O► p O 0�1 OI �O� �O� P: 1p� fA n cc::,, 0' o o; c' o, °1 m 0 --T OOI 101 O! IOcn O' W Q y X X X' X x X 70 m CL Co m -n D y W CD '0 aD O w — c - Z z :9h.: AD w INI � v v iv io cn m W n�i n cn' °° o o'I v m 0 N _- C) > v - - -- A o o D w o n O O N O O O cn - ' 3 N CD a� N ;uO ? N W �i v Z S m OD, '-rpv' A CD oD r11 Z cn cn o o o .a "' d; D CD C) o o c p O O — - - — 0 0; o' 10 p — N y vm 0 ;w o cnOD: IVI OD „ :a C i 00 Oi N� 1-4 IWC I01 �p! CD pl D O O, AI, 0' O, O' :. I i I I I I II iI I I j I ' j I W W C d a � I cD D �I v CT cc Ja V Iv' O O O' p pfu cc p 3 1' O •► O O O IO O O O CL CL I I j FA CD C) A I A -4 (D V 00 1v j p W CT CTI OD' O V p ► O �pIO CAI �C) p p 6 Agenda Information Memo March 17, 1998 Eagan City Council Meeting O. RECEIVED BIDS,AWARD CONTRACT FOR FIRE ADMINISTRATION BUILDING ACTION TO BE CONSIDERED: To receive bids and award the contract for the Fire Administration Building construction project to Parkos Construction Company of $1,499,060 for the project base bid and alternates one and three. FACTS: • Seventeen firms submitted bids for construction of the Fire Administration Building. The apparent low bidder is Parkos Construction at a base bid of$1,494,000. Bid documents also included eight alternates as alternatives to control cost. Staff is recommending the acceptance of alternate one to salvage the laminated structural beams for a future parks building in the amount of$4,500 and the installation of vinyl wall covering at a cost of$560 for the total noted in the action item above. • The construction estimate for this project was $1,540,000. The base bid and alternates would be $41,000 under the estimate. The bid documents also included deduct alternates in the event that bids exceeded expectations. These alternates would affect the quality of construction or the extent of landscaping for the site. Given the favorable relationship between the bids and the architect's estimate, none of the deduct alternates are being recommended at this time. • If the Council directs the salvage of the laminated beams,the $4,500 cost would be allocated from Parks Site Fund. The Advisory Parks Commission will consider a recommendation regarding the salvaging of the beams at its meeting of March 16. • The architect has completed reference checks on Parkos Construction and has received very favorable references. BACKGROUND: • Bid tabulation on page _. D 6123396212 BKPV & ASSOCIATES 702 P02 MPR 13 198 08:42 TABULATION A,TION BOARMA-N KROOS PFISFER VOCE!4 ASSOCIATES EAGAN ME ADMMSTRATION BUMDING =Norah Second street Bid slate: Mamb 10,1998 2:10 P,M, Minneapols,MN 55401 L:\pML\sMb\bidtab "'''''. ' . v. 4. , 1 7�°h f 5 3 [9:r FULCO CONSTRUCTION YES YES $1,503,600 :>3,300 $615 JORGENSON CONSTRUCTION YES YES $1,519,500 4',3,200 $600 SB COMMERCIAL YES YES $1,528,000 Z;4,500 $720 MEISENGrER CONSTRUCTION CO. YES YES $1,535,600 5,3,300 $600 FREICHS CONSTRUCTION CO. YES 'YES $1,540,000 13,000 $500 MAERTENS BRENNY YES YES $1,547,966 1,3,500 $650 MMULSON WULFF CONST. YES YES $1,549,000 1;5,000 $600 CONSTRUCTION 070,INC. YES YES $1,550,000 ti;3,000 $600 SHAW LP4DQUIST YES YES $1,551,430 ',3,500 $1750 ROCHON CORPORATION YES YES $1,556,000 4.31000 $600 RJMCONSTRUCTION YES YES $1,564,000 ; !7,500 $585 MERRIMAC CONSTRUCTION YES YES $1,566,799 :!6,117 $595 FAULKNIER CONSTRUCTION YES YES $1,576,900 1:2,562 $667 GRAUS CONTRACTING YES YES $1,590,000 1 $6,400 $2,100 TCM CONSTRUCTION YES YES $1,599,000 $6,059 $596 METCON YES YES $1,647,500 $9,000 $1,800 RECOMMENDATION: A. Award project to PARKOS Construction Company $1,494,000 B. Accept alternate to salvage wood beams $4,500 C. Accept alternate to add vinyl wall covering $560 Total Contract Amount: $1,499,060 Note: with the acceptance of dw low bid and the two alternates as indicated,the project has a remaining contingency of approximately 9096. • j i =95% 6123396212 03-13-98 09:46AM P002 #30 Agenda Information Memo March 17, 1998 Eagan City Council Meeting R. APPROVAL FOR THE SUBMISSION OF A REQUEST FOR FEDERAL GRANT FOR THE REPLACEMENT OF MOBILE DATA TERMINAL EQUIPMENT ACTION TO BE CONSIDERED: To authorize submission of a federal grant application in the amount of$92,784 to assist with the replacement of police department mobile data terminal equipment. FACTS: • The police department in cooperation with the cities of Rosemount, Apple Valley, West St. Paul and Mendota Heights has an opportunity to apply for a federal grant to assist in the replacement of the mobile data terminal equipment utilized by officers in squad cars on patrol. • Currently budgeted funds in the amount of$83,972 will make up the local match for the program. • Because of time frame within which the application needed to be submitted, it has been forwarded to the appropriate agencies. The effect of the Councils action will be to ratify submission of the application. BACKGROUND: • Executive summaryand application cover on pages.� through �v EXECUTIVE SUMMARY This is a project intended for the Public Safety primary application area. The goal of this project is to place a laptop computer in each patrol car, which will provide access to local, state and national criminal databases as well as provide interoperability between all participating police agencies and their cars. Implementation of this system will greatly improve the efficiency and safety of the officer and provide essential information directly to the patrol car. Many reports may be completed with the laptop computer thus reducing the need to return to the station and allowing the officer more time within the community. Additional information and capabilities such as transmission of pictures and fingerprints are part of this system. In the initial project Eagan and Apple Valley will share the development and implementation of this Cellular Digital Packet Data system. Additional communities, such as Rosemount, West St. Paul, Mendota Heights, Burnsville and others are likely candidates for inclusion on the system. The Cellular Digital Packet Data (CDPD) system utilizes existing AT&T cellular infrastructure to transmit and receive secure data at a faster rate than traditional radio frequency systems. This technology is also transportable to any location where AT&T or a cooperating wireless service is available. The CDPD technology, incorporated with the laptop computers will provide the officer in the car with the most complete, up to date information available. This advance knowledge of the suspect will provide a significant margin of safety to the officer prior to contact with the individual. �Z3 as+�- OMB Approval No.0348.0043 Application for 2.DATE SUBMITTED Application Identifier Federal Assistance March 9, 1998 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier Application ;Preapplication 1 {{ 0 Construction 0 Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ®Non-Construction 0 Non{Onstructlon ) s,APPLICANT INFORMATION LeOal Name Organizational Unit City of Eagan Police Department Address(give city,county,state,and zip code) Name and telephone number of the person to be contacted on matters involving this application(give area code) 3830 Pilot Knob Road Ren Southorn (612) 681-4709 Fax (612)681-473 Eagan, MN 55122 9.EMPLOYER IDENTIFICATION NUMBER IEINI: SO =®©❑M O© 7.TYPE OF APPLICANT:(Enter appropriate letter in box) 19 A. State H. Independent School District S. County I. State Controlled institution of Higher Education B.TYPE OF APPLICATION: C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual 13 New ❑ Continuation ❑Revision F. Intermunicipal M.Profit Organization G. Special District N. Other(specify) If revision,enter appropriate ietter(s)in box(es): ❑ ❑ 9.NAME OF FEDERAL AGENCY: A.increase award B.Decrease award C.increase Duration National Telecommunications and Information Administration 0.Decrease Duration E.Other(specify): 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:11.552 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: TITLE: Telecommunications and information infrastructure Assistance Program PUBLIC SAFETY 12.AREAS AFFECTED BY PROJECT(cities,counties,states,etc. Eagan, Rosemount, Apple Valley, W. St. Paul "The Mobile Data Computer Project" Mendota Heights, MN 13.PROPOSED PROJECT: 14.CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a.Applicant Eb.Project July, 1998 December, 199E Minnesota - 6 : Minnesota - 6 1s.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal S 92,784 .00 a.YES THIS APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER Applicant 5 83,972 00 12372 PROCESS FOR REVIEW ON: b. . DATE C. state S .00 b.NO ❑ PROGRAM IS NOT COVERED BY E.O.12372 d. Local S ,00 e. Other 5 DO ® OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income S .00 17,a THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL S 176,756 J.0o ❑ Yes if-Yes,-attach an explanation No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE N AWARDED. a.Typed Name of Authorized Representative 7bTitle c.Telephone Number Patrick J. Geagan olice Chief (612) 681-4700 d of Aut d R presentative e. Date Signed 3 IV q� Previous Edition Usable Stan and Form 424(REV.4.92) Prescribed by OMB Circular A-102 Authorized for Local Reproduction bbft �R Agenda Information Memo March 17, 1998 S. PROJECT 740, SILVER BELL ROAD STREET IMPROVEMENT ACTION TO BE CONSIDERED: To authorize the preparation of a Feasibility Report for Project 740 (Silver Bell Road, TH 13 to Kennebec Drive - Street Improvements). FACTS: • The reconstructing of Silver Bell Road from Trunk Highway 13 to Kennebec Drive is programmed for 1998 in the 1998-2002 5-Year CIP. • The street provides access to commercial properties northeast of the interchange of T.H. 77 and T.H. 13. • Based on this CIP schedule, it would be appropriate for the City Council to authorize a preparation of a Feasibility Report to further refine the scope, cost, schedule and method of financing the reconstructing of this section of street. Agenda Information Memo March 17, 1998 Eagan City Council Meeting A. PROPOSED AMENDMENTS TO THE FINANCING OF THOMAS LAKE APARTMENTS PROJECT ACTION TO BE CONSIDERED: To open the public hearing for the Thomas Lake Apartments Project and continue it to April 7, 1998. FACTS: • At the February 17, 1998 City Council meeting, a resolution was approved setting this public hearing for March 17,1998. • In August of 1986, the City authorized the issuance of $12,975,000 of multi-family housing revenue bonds for the construction of the Thomas Lake Apartments. • The applicants are proposing to reduce the base interest rate on the bonds, to eliminate the contingent interest rate on the bonds and to extend the maturity on the bonds to 2028. • The City's bond counsel, Steve Rosholt of Faegre & Benson, will continue to review the documents and the transaction on behalf of the City. • The City has been notified that the documents have not all been drafted and will not be available for the meeting on March 17, 1998. Consequently, the applicant is asking that the public hearing be opened and continued to April 7, 1998, at which time formal action would be taken. They do not want the hearing closed in advance of the documents being available. ATTACHMENTS: • Letter of explanation from Daniel Nelson of Best&Flanagan,LLP is enclosed on page �v BEST & FLANAGAIV LLP ROBERT L. CROSBY GREGORY D. SOULE 11EVIN J. DUNLE VY OF COUNSEL LEONARD M.ADDINGTON CATHY E. GORLIN JILL B.LAORR WARD B. LEWIS ROBERT R. BARTH PATRICK B. HENNESSY 4O00 U.S. $ANI; PLACE ANN E.�1ALTHER ARCHIBALD SPENCER N. WALTER GRAFF TIMOTHY A SULLIVAN WILLI.AM J. MORRIS ROBERT M. SK.ARF. ALLEN D. BARNARD BRLtiN F. RICE 601 SECOND AvENL'E SOUTH MICHAEL H. PINK JOHN R. CARROLL RICHARD A. PETERSON DANIEL R.W.NELSON ANN E. BHOSE JAMES D. OLSON ROBERT J.CHRISTIANSON,JR. TRACY J.VAN STEENBURGH MINNEAPOLIS, MINNESOTA DANIEL A. KAPLAN FRANK J.NVALZ DAVID J. ZUBKE M 55902-4331 AY J. SM"EDBERG FRANK VOGL STEVEN R. KRUGER 1JARH1" 11E NNE DY MARINUs W.NA-, PUTTEN,JR. JAMES P.MICHELS JAMFS 1. BEST JOHN A. BURTON,JR. PAUL E. KAMINSK7HTTP:// 1�.BESTLA�1'.CO Di 0 JAMES C. DIR.ACLF.S ROSS C. FORMELL ROBERT J.FLA.NAGAN ROBERT L. MFLLER,JR. CARYN S. GLOVER (612) 339-7121 "'98- 171 MORRIS E. KNOPF :MARY E. SHEAREN JUDITH A. RoGoSHESKE BARBARA M. ROSS FAx (612) 339-5897 SCOTT D. ELLER CATHERINE J. COURTNEY CHARLES C.BERQUIST SARAH CRIPPEN MADISON E.JOSEPH LAFA`E ROBERT D.MAHER DAVID H.JoHNsoN Direct Dial: 349-5649 E-Mail: dnelsonLbest law.com March 10, 1998 Mr. Gene VanOverbeke BY FACSIMILE TO 681-4612 AND Clerk-Treasurer FIRST CLASS MAIL City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Thomas Lake Place Apartments Project Dear Mr. VanOverbeke: Thank you for your call earlier today regarding the status of this project. I have been in contact with representatives of the bondholder who are preparing the amendments to the bond documents for this.project, and they have advised me that the bondholder and the limited partnership which owns the project are still negotiating the final business terms of these amendments, and that they cannot assure me that drafts of documents will be available in time for the Eagan City Council meeting on Tuesday, March 17. Because they are unable to provide these documents, they have requested that the public hearing on these bond amendments be opened at your meeting on Tuesday, March 17 and continued until the next City Council meeting on Tuesday, April 7. This would give the parties enough time to finish the business terms of the proposed amendments and provide the City of Eagan with final documents prior to the April 7 City Council meeting. I apologize for any inconvenience this delay may have caused you. If you have any questions regarding this revised schedule, please feel free to call me at your earliest convenience. ru y Daniel Nelson DRN:mkp/1 1466/vanoverbeke cc: Steve Rosholt Max Schlopy, The Related Companies Vanessa Lowry Mark Moorehouse Paul Ravich Agenda Information Memo March 17, 1998 OLD BUSINESS A PRELIMINARY SUBDIVI ON & FINAL PLAT DEVELOPMENT PRAIRIE OAKS PARTNERSHIP (PRAIRIE OAKS ADDN� ACTION TO BE CONSIDERED: • To approve or deny a Preliminary Subdivision consisting of two lots and one outlot. • To approve or deny a Final Planned Development for the Prairie Oaks Partnership located south of Cliff Road east of Slater Road and west of State Highway 77 (Cedar Avenue). FACTS: • At their regular meeting of February 3, 1998 the City Council denied both applications based primarily on the density of the proposed development and that impact on existing natural resources. • At their regular meeting of February 17, 1998, the City Council approved a request for reconsideration of these two applications. • The developer has prepared revised site and subdivision drawings that result in two lots and one outlot. The planned development provides for an office building on Lot 1 and Lot 2 while the former Lot 3 will be platted as an outlot which require any future development of that site to come back through the public hearing process at some future date. • Due to confusion regarding notices and the March 2 meeting date, the City Council continued this item to the regular meeting of March 17, 1998. ISSUES: • Issues of concern with tree loss, noise attenuation and visibility were primarily tied to the southerly lot. The developer has stated that more detailed work needs to be accomplished before he would be prepared to submit development plans for the 3`d parcel (outlot A). He is seeking approval to get started with the development which is proposed to begin on the northerly lot first as phase I and phase II would be the middle lot or Lot 2. • If approved, the City Council should attach conditions of approval as spelled out in the original staff report. ATTACHMENTS: • Revised site and subdivision drawings, pages through. • Planning staff report, pages _through p �F 1 s W � � � ¢In I a r. ^� j € .# o g W Q `Q a 01 "!}4 i I � 'I a 7� �; Y0W r$� LZY g+ ` �! E3 S ►� Ye � I(, 2-�a i CS ii,] lix , SOP �' oil \\ f XC M `� YFYF i I , w IL 21 25 mo f lit A =4i yl e' m` Ulf , F • l 4�i `�\�Ci LSF ` �• 0 ` G� LL �� m r �� P� fit i• t Ri 111\..TTT\\\enYYY...`f8/-/ yy \� ♦ � 4} 6 R J •i', / III j[Y ti � o❑ PIi? e — o �D PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 1998 CASE: 31-PP-29-11-97 APPLICANT: Chris Moam,Parks Realty HEARING DATE: January 27, 1997 PROPERTY OWNER: Chris Moam, Parks Realty PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision&Final Planned Development LOCATION: Outlot A, Oak Cliff Yd Addition COMPREHENSIVE PLAN: Limited Business ZONING: PD-Planned Development SUMMARY OF REQUEST Chris Moam, Parks Real Estate, is requesting approval of a Preliminary Subdivision (Prairie Oaks Addition) consisting of three lots on approximately 6 acres and a Final Planned Development for an office building located on property currently platted as Outlot A, Oak Cliff P Addition, south of Cliff Road, east of Slater Road,west of State Highway 77 in the NW 1/4 of Section 33. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. Planning Report - Prairie Oaks Addition January 27, 1998 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUNDIHISTORY The six-acre site has been a part of the Winkler-Jackson Planned Development since July 1982. Since the planned Development was created, the residential component of the PD has been completed. In addition to the proposed development only two commercial lots remain vacant in the Oak Cliff Pond Additions west of Slater Road. This item was originally heard at the Advisory Parks,Recreation and natural Resources Commission meeting held on December 15, 1998 where the commission recommended denial of the plan due to the large quantity of tree loss. At the Advisory Planning Commission meeting December 18, 1997 the applicant continued the project due to concerns about tree loss and its affect on the overall development of the site. EXISTING CONDITIONS The site is vacant, and is wooded in the southern portion of the site closest to the residential development, St. Charles Woods. The north portion of the site is void of any significant trees and t�� Planning Report - Prairie Oaks Addition January 27, 1998 Page 3 contains an existing pond. The southern portion of the outlot contains the majority of the trees, a wetland and a moderately steep slopes. There is an existing 30'drainage and utility easement along Slater Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide pian designations surround the subject property: North- Amoco Gas Station; zoned PD; guided NB,Neighborhood Business South- St. Charles Wood single family residential; zoned PD; guided D-I. East - Trunk Highway 77(Cedar Avenue) West- Oak Cliff Pond, single family residential; zoned PD; guided D-II. EVALUATION OF REQUEST Preliminary Subdivision Lots -The proposed subdivision consists of three lots. Lot 1 abuts the Amoco site to the north, and is 1.7 acres (73,962 s.f.). Lot 2 is 1.5 acres (67,719 s.f.) in area. Lot 3 is 2.8 acres (122,623 s.f.). Landscaping-The landscape plan is unacceptable. The revised plan should be submitted on a grading plan. Due to a 30'wide drainage and utility easement over an existing sanitary sewer line plant material in this easement may only be shallow rooted shrub material. The plan should also be revised to show allowable plant material in this 30'wide area along Slater Road for Lot 2. Grading - The northern one-half of the site is open and has been previously graded while the southern one-half of the site is lightly to heavily wooded. Most of the site slopes to the north with the exception of the existing wetland in the southwest corner. The preliminary grading plan is acceptable. A majority of the site will be graded in preparation of parking lot and building construction. Storm Drainage - The preliminary storm drainage plan is not acceptable. This site's runoff is proposed to drain along the north edge of the property to the existing storm water basin, Pond AP-IOB which was not constructed to accommodate runoff from this development. This basin was constructed as part of the Oak Cliff 6t°Addition to the northwest, and was designed to handle runoff from that development only. The developer should control runoff from the development so as not to raise the 100-year high water level of Pond AP-1 OB above its current elevation. Possible options to accomplish this are as follows: 1) expanding Pond AP-10B on this development site, 2) expanding it to the north onto Parcel 011-01, or 3) utilizing the existing wetland on the site for storm water management. Expansion of the pond to the north onto Parcel 0 11-0 1 will require the developer to acquire pond easement from that property owner. F3 Planning Report - Prairie Oaks Addition January 27, 1998 Page 4 Water Quality: This development is located in Drainage Basin A in far southwest Eagan. There is already a detention basin in the northern portion of the site (Pond AP-10a) which was constructed only to meet water quality and flood control requirements for the Oak Cliff 6`h Addition west of Slaters Road. The pond is not large enough to fully satisfy the water quality treatment requirements of the Prairie Oaks subdivision. After reaching Pond AP-1 Ob, the runoff from this site flows through three more designated treatment basins before reaching a small wetland in Slaters Acres Park, the nearest downstream recreational water body. Development of the Prairie Oaks site will have only a very minor impact on the quality of this water body because of the relatively small size of the development relative to the size of the watershed of the pond, the number of intervening ponds between the development and Slaters Acres Park, and the naturally high ambient phosphorus concentrations in shallow wetlands of this type. Staff recommends that the developer use on-site ponding as the primary measure to meet water quality treatment requirements for the site. Options available for ponding on the site include the excavation and use of a natural wetland to treat runoff from the southern third of the site and routing stormwater from all or a portion of the site to existing Pond AP-1Oa (whether the pond is expanded or not) for at least partial treatment. To the extent that on-site ponding is still inadequate to fully meet water quality mitigation requirements, a supplemental cash dedication should be required. Wetlands -A wetland survey of the site has been completed. The survey shows that an inland fresh meadow (Type II wetland) of approximately .4 acres is located along the southwest border of the site. State law allows up to 2,000 square feet of Type 1, 2 and 6 wetlands to be filled without having to mitigate the loss. The site plan proposes a fill of about 1,700 square feet, which is under the threshold, so no mitigation will be required. Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available along the west edge of the site for connection. Water main is available to the west and south of this site for connection by this development. Streets/Access/Circulation- Public street access is proposed from two locations onto Slater Road, one driveway serving Lot 3 and another combined entrance serving Lots 1 and 2. Internal circulation is provided through the connection of the parking areas of each lot. Slater Road is a neighborhood collector street designed to accommodate approximately 5,000 vehicle trips per day and will be able to handle traffic from the proposed development. 1997 traffic counts for Slater Road in the area showed daily(24-hr) counts of 2,000 to 3,000 vehicles. . The average single-family home generates approximately ten vehicle trips per day. This development is estimated to generate approximately 1,050 daily vehicle trips At the December 15, 1997 APC meeting a number of questions were raised regarding traffic. The following information has been provided. YY Planning Report - Prairie Oaks Addition January 27, 1998 Page 5 • Estimated Traffic: The Prairie Oaks development will generate an estimated 1,050 average daily vehicles at time of full development. It is estimated that approximately 75% of the Prairie Oaks traffic, or 785 vehicle trips, will travel to and from the north toward Cliff Road and Cedar Avenue. The remaining 25%, or 265 daily trips, are anticipated to travel to and from the south, thereby increasing the traffic counts on Slater Road to approximately 2,300 to 3,300 daily vehicle trips. These estimates are below the amount of traffic designated for Slater Road, as mentioned above. • Traffic Speed: A resident also raised the issue of the speed of traffic on Slater Road. Speed control is generally a law enforcement issue. The City Police Department has conducted a number of speed surveys on Slater Road recently. The surveys indicate that there is not a regular problem with speeders on the road. The average speed of vehicles monitored was at or below the posted limit. The current speed limit for Slater Road is 35 MPH, which is consistent with a road of this classification. The MN Department of Transportation sets speed limits on all the streets within the City. • Cliff& Slater Intersection—Amoco Entrance: Another issue raised at the Planning Commission meeting was that of traffic congestion on Slater Road at the Amoco station driveway entrance near Cliff Road. Residents stated that a southbound vehicle waiting to make a left turn into the Amoco station store sometimes backs up southbound traffic coming off Cliff Road. The southbound lane of Slater Road adjacent to the Amoco station has a width of 22 feet, which allows bypass of traffic around a vehicle making a left turn. Easements/Permits/Right-of-Way -A 30-foot wide drainage and utility easement over the existing sanitary sewer runs along the entire west edge of the development. The developer should not plant large-growth landscaping within the area of the drainage and utility easements. Tree Preservation - The tree preservation plan is acceptable. The inventory indicates that current significant vegetation consists of 83 significant trees. Most of these trees are located on the southern half of this property (lots 2 and 3, specifically lot 3). Tree species includes bur oak, red oak, white oak, blackcherry, and boxelder. Tree diameters range from 6"to 32". Fifty-one significant trees (61% of the total) are bur oak trees. The average diameter of these bur oak trees is 15 inches; there are 23 oak trees measuring greater than 20 inches in diameter. Tree preservation issues for this development will be reviewed in its entirety even though construction, according to the applicant, will be phased in over time, (the proposal contains three lots, versus one lot and two outlots). r�� Planning Report -Prairie Oaks Addition January 27, 1998 Page 6 Site preparation for this development will result in the overall removal of 40 significant trees (48.2%of the total). Individual-lot tree removal summaries are as follows: Lot 1 —No significant trees Lot 2—22 significant trees, 5 to be removed (23% removal) Lot 3 —61 significant trees, 35 to be removed (57%removal) According to the City of Eagan Tree Preservation Ordinance, allowable removal for this type of development (multiple-lot, multiple-phase, commercial) is 47.5% of the existing significant vegetation. With a significant tree removal percentage (48.2%) more than allowable limit (47.5%) there will be tree preservation mitigation required for this development, if the plan is approved as proposed. According to the City of Eagan Tree Replacement Schedule, mitigation for this development calculates to four Category B trees. Tree Preservation mitigation is to occur in addition to any City of Eagan landscape requirements. Per the Tree Preservation Ordinance, tree mitigation is to occur either: "on-site"(in addition to any landscape requirements and if sufficient room is available); or on other property within the city of Eagan owned by the applicant (if sufficient room is available); or on public/city/park property; or as cash mitigation. Parks and Recreation- The Advisory Park,Recreation and Natural Resources Commission is recommending a cash park and trail dedication. The Winkler Jackson Planned Development indicated that a trail would be located along the east side of Slater Road. Instead the trail has been developed along the west side of Slater from Cliff Road to Burnsville Parkway. Planned Development The Planned Development designated this area as LB -Limited Business. For purposes of reviewing this request, staff will review the proposal against LB requirements. The developer is proposing to develop a three building office complex on the 6.07 acres. The buildings would be built in phases beginning with Lot 1 then Lot 2, and finally Lot 3. The applicant has not specified exact timelines for the second and third buildings to be constructed. According to the applicant, the first building would begin construction in the spring of 1998. Setbacks -Required building setbacks from the State Highway 77 are 50'. In this case the applicant is proposing a 10' setback for Lot 1, a 62' setback for Lot 2,and a 20' setback from Lot 3. The applicant has stated that the long and slender shape of the parcel, 178' at the narrowest point(Lot 2), inhibits flexibility in placing the buildings. All other building setbacks have been met. Parking setbacks (20')along Slater Road have been maintained, however, the minimum 20'parking setback along Highway 77 was reduced to 10' for the majority of the entire site. Planning Report - Prairie Oaks Addition January 27, 1998 Page 7 Generally, the areas where the developer has asked for deviations from the strict code requirements are from Highway 77. The proposed setbacks create a minimal impact by reducing the parking landscaping along the freeway corridor. Parking-All parking spaces shown are 9'wide, and the applicant is using cross parking easements throughout the three lots. The developer has suggested using a parking ratio of 1 space per 250 s.f. of gross floor area. City Code requires 1 space per 150 s.f of net leaseable area, or 80%of the gross floor area. In this case, for Lot 1 Code would require 44 spaces. The proposed plans show 35. The developer is proposing development on Lot 1 initially. Because the overall site is rather small and oddly shaped, it poses some site planning challenges; it is necessary to review how the entire site could function especially since access and parking are to be shared. Therefore, the developer has also indicated the proposed building and parking lot sizes for Lots 2 and 3. According to City Code, Lot 2 would require 118 spaces based on the proposed building of 8,400 s.f. The applicant is proposing 77 spaces. Also identified on the plan are 29 proof of parking spaces. Four of these spaces are not desirable due to their location near the entry to the site. The remaining 25 spaces are located on the south side of the building. If the proof were added, four spaces would have to be removed in order to construct the opening for the added parking area. The total number of spaces for Lot 2 is 98 spaces. Lot 3 has a 30,000 s.f building, requiring 160 spaces by Code. The applicant is proposing 115 spaces. There are also 35 proof of parking spaces identified. However, approximately eight spaces would be removed to accommodate the southern most spaces shown. Additionally 4 spaces shown as proof of parking on the northeast side of the building near the entrance to the underground parking are questionable due to the potential grade at which they would be located. The total spaces including the proof of parking spaces is 138. The applicant is proposing a deviation from the standard code requirements for the entire site of 95 stalls. The developer has shown a parking ratio of one space for each 250 s.f. of gross floor area. The latest plan indicates a shortfall from that ratio of 22 stalls. Building Design -The building was designed to incorporate the Prairie style architecture. This style of architecture is complementary to residential areas. The proposed single story building footprint is 8,400 s.f. and 28' in height. Mr. Moarn is proposing a stucco building,with large approximately 6' tall windows. The developer has suggested two different materials for the roof. The first choice is a composite slate-like shingle and the second choice is for asphalt shingles (see exhibit). Planning Report - Prairie Oaks Addition January 27, 1998 Page 8 Signage-The developer has not proposed any building signage at this time. Any future building signage would be subject to the City's Sign Regulations. The applicant is proposing two monument signs and decorative planters at both ingress/egress locations on Slater Road. The monuments are designed to be 4'in height with 2'6" square area for copy. Lighting Plan -A lighting plan was submitted with the application and is acceptable. The amount of light shown at the property boundary appears to be negligible. SUMMARY/CONCLUSION The Winkler Jackson Planned Development has depicted this site for Limited Business use since 1982. Offices of a general nature and professional offices are permitted uses within this zoning category. At this time, the developer is requesting a Final Planned Development for Lot 1. The proposed office use is consistent with the zoning and City's Guide Plan, however the parking associated with the office does not meet the required number of spaces by Code. This is true for all of the proposed lots. The site as proposed is 95 parking spaces below the required amount. The applicant proposed parking at a 1:250 of gross floor-area ratio. City Code requires 1:150 of net leasable floor area. Even using the developer's proposed ratio the plan is 22 spaces deficient. According to the revised plan, tree removal has been reduced through the implementation of retaining walls,parking lot islands and road realignment. The trees to be preserved now are oaks in small parking lot islands or smaller diameter boxelder trees. These may or may not take the stress of development. The larger diameter bur and red oaks, which make up the character of Lot 3 will still be removed. If it is necessary to utilize the proof of parking the removal percentage for the significant trees increases for Lots 2 and 3. The proposed landscape plan should be revised to enhance screening of the parking areas. The proposed plan will achieve Final Planned Development status when a Final Planned Development Agreement has been executed. The applicant will be required to submit the following plans, including any modifications resulting from the Advisory Planning Commission and City Council review of the proposed Final Planned Development to be used as exhibits in the Final Planned Development Agreement. • Final Landscape Plan • Final Signage Plan Final Lighting Plan Final Building Elevation Plans Final Phasing Plan • Final Site Plan U � Planning Report - Prairie Oaks Addition January 27, 1998 Page 9 ACTION TO BE CONSIDERED Final Planned Development: • To recommend approval or denial of the proposed Final Planned Development permitting a 8,600 s.f., single story, office building located on Lot 1,Block 1,Prairie Oaks Addition subject to the following conditions. 1. The following plans are required at the time of final planned development: • Final Site Plan • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Building Elevation Plans Final Phasing Plan Subdivision: • To recommend approval or denial of the proposed Preliminary Subdivision (Prairie Oaks) consisting of three lots located east of Slater Road,west of Trunk Highway 77 (Cedar Avenue) and south of Cliff Road, in the NW 1/4 of Section 31 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B4, Cl, C2, C4, D1, El, Fl, Gl, and H1 Storm Drainage 2. The developer shall control runoff from the development so as not to raise the 100-year high water level of Pond AP-IOB above its current elevation. Easements 3. The developer shall not plant large-growth landscaping within the area of the drainage and utility easements. 4. The developer shall submit cross parking and cross ingress/egress easements prior to the final subdivision approval by City Council. Tree Preservation 3. The applicant shall fulfill tree preservation by providing contractual installation of 2 Category A trees, or 4 Category B trees or 8 Category C trees. 4. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved during initial si' grading. Planning Report - Prairie Oaks Addition January 27, 1998 Page 10 5. The developer shall be responsible for contacting the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 6. The applicant/owner or representative review with City Forestry Staff, development plans (including but not limited to Site Plan and Tree Preservation Plan) for proposed Lots 2 and 3 to ensure optimal tree preservation efforts when locating buildings, drive aisles, and parking lots to ensure optimal tree preservation efforts. Wetland 8. As per the requirements of the Wetland Conservation Act, an exemption from mitigation be granted for up to 2,000 square feet of wetland fill for the project Water Quality 9. On-site ponding be the primary means of meeting water quality treatment requirements. To the extent that on-site ponding is inadequate to fully meet water quality mitigation requirements, a supplemental cash dedication will be required. Platting 10. The property should be platted. Landscaping 11. A revised landscape plan should be submitted on the approved grading a plan. 12. All parking areas shall be screened in accordance with the City's Landscape Ordinance. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 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. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON FINANCIAL OBLIGATION—Prairie Oaks There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. 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 connections proposed to be made to the City's utility system based on the submitted plans. 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F J _ - jL My tiff�ti� �.`'1�, ��•� l� ; I , I o V� i L-� 41 op i ' I I • I ' 1 \ • z ' i /602,� '1� a W CL W uj s fig a W Lj JO�O - PL A �• .•.J J. •'•• .}•: •:�:•;:;::::::.':.•./.!:�.�JAS ST � � e .IS j,, .• III i �' /� Agenda Information Memo March 17, 1998 Eagan City Council Meeting B. CONSIDERATION OF AN ORDINANCE AMENDMENT CHANGING FROM EVEN TO ODD YEAR MUNICIPAL ELECTIONS ACTION TO BE CONSIDERED: To approve or deny an ordinance amendment changing from even to odd year municipal elections. FACTS: • At the special City Council meeting on February 24, 1998, and at the regular meeting on March 2, 1998,the City Council discussed the merits of changing the City's elections from even years to odd years. • At the March 2,1998 regular meeting, staff and the City Attorney's office were directed to prepare an ordinance which would switch the election year. • Staff was also directed to review the financial implications of odd year municipal elections. When the decision was made in 1997 to switch to even year elections, a figure of$35,500 was used as the cost of an odd year election. That figure was broken down as follows: Election Judges Supplies Equipment Maintenance Sub-Total $15,500 City Personnel 20.000 Total $35,500 The out-of-pocket cost was, therefore, approximately $15,500. Staff expects that the out-of-pocket costs will now be in the range of$15,000420,000 given the number of precincts and election judges and sophisticated election equipment. We believe the City could expect to bill the school districts approximately$5,000 to recover some of the out-of-pocket estimated costs. ATTACHIIIENTS: • The material provided for the March 2, 1998 meeting is enclosed on pages!-__L_through . • The proposed ordinance amendment is enclosed on pages 14S - city of eagan MEMO TO: City Administrator Hedges FROM: Finance Director/City Clerk VanOverbeke DATE: February 27, 1998 SUBJECT: Odd/Even Year Elections Policy/Research Various Organizations Based on the direction of the City Council at the special meeting of February 25, 1998, I have contacted a number of outside organizations to ascertain whether or not they have positions and/or research on the effectiveness of odd or even year municipal elections. In some cases I actually had a conversation with the individual and in other cases we exchanged voice mail messages, although I believe the information is complete in each case. The League of Minnesota Cities has no position on whether elections should be in the odd or even year although they do have a position that cities should have the right to decide. In the past they have worked against a requirement for the municipal elections to be in the odd year based on low voter turnout. Ann Higgins on the LMC staff feels there are less than 100 cities currently holding odd year elections. They have no definitive research on the issue of which schedule is best. At the Citizens Lem& I talked to the receptionist who then communicated with a staff person and was told that they have no position and no statistics on the issue. I talked to the League of Women Voters of Minnesota who had no information on a position or any research and suggested I call the Northern Dakota League. I eventually exchanged voice mails with Karen Flood who said they have no position on the issue. As the Voter Service Chair, she expressed a concern about the difficulty they will have in providing candidate forums with all even year elections. I talked to Joe Mansky at the Secretary of State's Office who said they have no position and no research about the effectiveness of either time. He feels that the overwhelming majority of cities are even year primarily because of the cost and voter turnout issues. With Minneapolis, St. Paul, Duluth and Bloomington among larger cities with odd year elections, a substantial portion of the State's population is voting in municipal elections in the odd year. I talked to Roger Peterson at the Association of Metropolitan Municipalities who said they have no position although would probably be with the LMC on the issue. /Q / Finally, I talked to Roseanna Byers, Election Supervisor at Dakota County. The County has not taken a position on whether cities should have odd or even year elections and it really makes them no difference. An individual city assumes administrative responsibilities for odd year elections. The county for even year elections handles these administrative issues. This is one of the cost issues that are not a part of my research for this memo. If you or the City Council have other ideas about how additional, perhaps more specific research statistics or information could be gathered, I would be happy to pursue them. For example, one could easily gather additional voter turnout statistics from various entities, however, I believe Eagan's results are fairly representative. In my conversations with the individuals that I talked to it was apparent that there are a lot of opinions, philosophical arguments and ideas of that nature but little by way of concrete facts that could be used in the decision making process. Eaean Voter Experience I have attached a table showing the results of Eagan's municipal elections for 1987, 1989, 1991, 1992, 1994, and 1996. We have attempted to provide the information in such a manner that one can readily determine the impact on voter turnout and participation when comparing an odd year election to an even year election. The seats were all contested so at least that piece is consistent. There are certainly other factors that could have affected these results in addition to the year of the election. We have made no effort to go beyond providing the numbers, however. Process to Implement a Chane In response to the question you forwarded from Councilmember Blomquist about whether terms could be lengthened or shortened to effect the change, I have reviewed the options with the City Attorney's Office. In general, terms can be either lengthened or shortened and all action is controlled by City Council resolution within the parameters of the state law. There is a 240-day waiting period before implementation and a provision for a petition-initiated referendum. I have attached a copy of the attorney's advisory opinion for a more detailed reference, if that is desired. School District Elections In response to the question you forwarded from Councilmember Masin, I have gathered information covering elections for district school boards. In the 1994 Legislative Session, as part of the revised uniform election law, the present school district election dates were mandated. The law now states that"the general election in each school district must be held on the first Tuesday after the first Monday in November of either the odd-numbered or the even-numbered year." This law was effective January 1, 1998, and school districts have used various transition plans to implement the change. Prior to this legislation school districts could hold their elections in either May or November and they were held every year. k ® q IT S 2 0 OD B $ o > % > G � CV) WI) W 7 m � ® >1 K R � � p k g E © / J » G 2E o n � IT § w I G T- E 2 ( L 6 2 J O o 0 / \ � > OD N R � >, �k �k k kk k ■ e e ■ e 2 U C) / L 3 v � C4 ~ W) a - ( e - � / / / / / t J _ $ UJ ��� I believe I have covered all areas of interest expressed at the workshop as well as in ` supplemental telephone calls. In the event you or the City Council would like anything else, please advise and I will continue to research the issue. VFce Director/City Clerk SEW BY: 2-27-98 ; 11:98 SEVERSON Si�-+ 612 681 46124 2/ 5 MEMORANDUM TO: Gene VanOverbeke, City Cleric FROM: Sharon K. Hills, Assistant City Attorney DATE: February 27, 1998 RE: Election Year Modification From Even Year to Odd Year Our File No. 206-9475 This Memorandum is submitted in response to your request fur an advisory opinion as to the proper procedure for providing an orderly transition in CounL it seat tc= aflxcted by changing the municipal general election from even to an odd-numbered year. Minn. Stat, §205.07 governs the procedure for modifying a municipal general election year. The following synopsis of the mandates of Minn. Stat. §205.07 should address your inquiry: • A city may hold its municipal general elections in either even or odd numbered years, but not both. • A city that elects to modify its municipal general election from an even to an odd numbered year must pass an ordinance providing for the modification. • The ordinance providing for the modification must be passed at a regular meeting held before June 1 of any year. The modification of the election year, which must be pursuant to an ordinancc, is effective 240 days after passage and publication, unless a later date is fixed by the ordinance. For example, if the City Council passes the election year modification ordinance on April 7, 1998 and the ordinance is published on April 16, 1998, the effective date of the ordinance is 240 days (8 months) from April 16, 1998, which is December 16, 1998. • To provide an orderly transition to the odd year election plan,the City may adopt supplementary ordinances regulating the initial elections, as weU as shortening or lengthening the terms of incumbents and those elected at the initial election in the odd numbered year. 113 00�� �r R-93% 612 432 3780 02-27-96 12:52PM P002 S$39 SENT BY: 2-27-98 ; 11:38 : SEVERSON %ELDON-+ 612 661 4612;# 3` 5 • if the City does not adopt an ordinance containing a provision for the expiration of terms of incumbents, the term of an incumbent expiring at a time when no municipal general election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal general election. For example, if an incumbcnt's term expires in the year 2000 and the next election is in the year 2001,the incumbcnfs term is automatically lengthened to the year 2001. • Upon the passage of the election year modification ordinance,the City Clerk is rcguired to provide written notice to the County Auditor and Secretary of State. • Eligible voters equal to 10%of the total number of votes in the last election may file a petition requesting a referendum on the election year modification ordinance. if a petition is filed within 180 days after passage and publication of the ordinance, the ordinance is not effective until it is proved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. The foregoing should provide you the assistance you requested in working through ti'anSitioa issues. If you have any questions,please do not hesitate to contact me. SKIVwkt R-93% 612 432 3780 02-27-98 12:52PM P003 #39 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.15 REGARDING ODD-YEAR ELECTIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by amending Section 2.15, to read as follows: Sec. 2.15. Odd-Year Election. Election Year. The municipal general election in the City of Eagan shall be held on the first Tuesday after the first Monday in November of every odd numbered year, commencing with the odd year elections immediately after the effective date of the ordinance. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect 240 days after its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 11500 Agenda Information Memo March 17, 1998 Eagan City Council Meeting C. CONSIDER AN ORDINANCE REGULATING ELECTIONS AND SETTING TERMS ACTION TO BE CONSIDERED: To approve or deny an ordinance amendment regulating elections and setting terms. FACTS: • State law provides that to provide an orderly transition to odd year elections, the City may adopt supplementary ordinances regulating the initial elections, as well as shortening or lengthening the terms of incumbents and those elected at the initial election in the odd numbered year. • The staff and City Attorney's office were directed to provide for the shortening of terms as a transition plan. ATTACHMENTS: • The proposed ordinance amendment is enclosed on pages G-/2-- iw�- ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY ADDING SECTION 2.16 REGARDING TERMS OF OFFICE FOR MAYOR AND COUNCILMEMBERS FOR TRANSITION TO ODD-YEAR ELECTION PLAN; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by adding Section 2.16, to read as follows: Sec. 2.16. Terms of Office for Transition to Odd Year Elections. Subdivision 1. Terms of Office. To provide an orderly transition to the odd year election plan, the four-year term of office of the Mayor and City Councilmembers are hereby amended as follows: The terms of the two Councilmembers whose current terms are scheduled to expire on the day before the first City Council meeting in January 2001, are hereby shortened whereby the term shall expire on the day before the first City Council meeting in January 2000. The terms of the Mayor and the two Councilmembers whose terms will commence in January 1999 and are scheduled to expire on the day before the first City Council meeting in January 2003, are hereby shortened whereby the terms shall expire on the day before the first City Council meeting in January 2002. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect 240 days after its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: j/ Agenda Information Memo March 17, 1998 Eagan City Council Meeting D. ORDINANCE AMENDMENT-CITY OF EAGAN ACTION TO BE CONSIDERED: To approve or deny an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 30 regarding regulations of Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems. FACTS: • At their regular meeting of February 3, 1998, the City Council directed staff to prepare an amendment to the communication tower ordinance for the purpose of allowing the location of cellular antenna on existing utility structures regardless of the zoning district. • The draft ordinance allows commercial antennas to be located on public utility towers. • The Advisory Planning Commission held a public hearing on February 24, 1998 and recommended approval. • At their regular meeting of March 2, 1998, the City Council continued action on this item to the March 17th meeting to allow staff time to review additional antenna height, the potential for a monopole located within the utility structure, and revise the ordinance amendment. BACKGROUND/ATTACHMENTS: Minutes,page 119 Cover memo and revised ordinance, pages 00 through,/,.2,5' Page 18 February 24, 1998 ADVISORY PLANNING CONIIvIISSION CITY OF EAGAN ORDINANCE AMENDMENT Commission Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.10, Subd. 30 regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems" and by adopting by reference Eagan City Code Chapter rl and Section 11.99. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information present in his February 18, 1998 memorandum to the Advisory Planning Commission. Mr. Ridley reported that the proposed amendment which provides for antennas to be located upon public utility towers in all zoning districts with in the City. No one from the public appeared. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.10, Subd. 30 regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems" and by adopting by reference Eagan City Code Chapter rl and Section 11.99. All approved in favor. MEMO city of eagan TO: CHAIRPERSON HEYL ADVISORY PLANNING COMMISSION MEMBERS FROM: MIKE RIDLEY, SENIOR PLANNER DATE: FEBRUARY 18, 1998 SUBJECT: COMMUNICATION TOWER ORDINANCE At their regular meeting of February 3, 1998, the City Council directed staff to prepare an amendment to the communication tower ordinance for the purpose of allowing the location of cellular antenna on existing utility structures regardless of the zoning district. The existing communication tower ordinance does not allow commercial antennas in residential zoning districts. With the anticipated need for more and more coverage, permitting antenna to locate on existing utility structures, regardless of zoning district, would allow the communication industry to achieve their needs while still limiting the amount of additional freestanding monopoles within the city. Attached for your review is a copy of the draft ordinance amendment, prepared by the city attorney's office, that provides for antennas located upon public utility towers as a permitted use in all zoning districts subject to height requirements and performance standards for design of equipment buildings. If you have any questions, please do not hesitate to contact me at 681-4689. Senior Planner Attachment �'aa 612 432 3780 SENT BY: 3-13-98 : 9=04 SEVERSON SHELDON- 681 4694:# 2/ 6 DRAFT L)RAFT ORDINANCE NO.�2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONIN(j)" BY AMENDING SECTION 11.03, 11.10, SUBD. 31 AND 11.20 REGARDING PUBLIC UTILITY TOWER MOUNTED ANTENNAE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter I 1 is hereby amended by adding the following definition to Section 11.03 to read as follows: Sec. 11.03. Definitions. "Public Utility Tower" - A permanent steel tower structure which is owned by the City or a public utility corporation or cooperative and is designed and constructed to carry high voltage transmission lines and will bear the additional weight of an antenna as defined herein. Section 2. Eagan City Code Chapter I I is hereby amended by adding Section 11.10, Subd. 31, B.1. to read as follows: Subd. 31. Antennae, Satellite Dishes, Wind Energy Conversion Systems and Towers. B.1. Public Utility Tower Mounted Antennae. Public utility tower mounted antennae shall be a permitted use in all zoning districts of the City in which the public utility tower is located, subject to the following requirements: (1) The height of any antennae mounted to a public utility tower shall not exceed twenty (20)feet above the highest point of the public utility tower. (2) Accessory equipment associated with the antennae shall be located within an enclosure which shall not be greater in area than 400 square feet and /W 612 432 3780 SENT BY: 3-13-98 : 9:04 : SEVERSON SHELDON- 681 4694:# 3/ 6 shall be designed and constructed of material and color scheme compatible with accessory structures on the surrounding properties. Notwithstanding any provision to the contrary in this Subdivision, a freestanding tower for the purpose of elevating an antennae shall be a permitted use in all zoning districts of the City in which a public utility tower is located, as defined in this Chapter, provided that it is located within the base area of the public utility tower and directly surrounding by the support structure of the public utility tower and meets all of the requirements in this subparagraph. Section 3. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 3(A)(6), to read as follows: 6. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 4. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 4(A)(2)to read as follows: 2. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 5. Eagan City Code Chaptcr 11 is hereby amended by adding Section 11.20, Subd. 5(A)(9) to read as follows: 9. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 6. Eagan City Code Chapter 11 is hereby amended by changing gSection 110 Subd. 7(A)to read as follows: A. Permitted Uses. Within any Public Facilities District, no structures or land shall be used except for one or more of the following uses or uses deemed similar 612 432 3780 SENT BY: 3-13-98 : 9:04 : SEVERSON SHELDON-i 681 4694:# 4; 6 by the Council: Public structures, parks, playgrounds, camp grounds, swimming pools, tennis courts, golf courses, churcbes, schools, hospitals, and building mounted antennae and satellite dish and an antennae on a City water reservoir tank or tower and public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 7. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 9(B)(8)to read as follows: * * s 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 8. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 10(B)(8) to read as follows: 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 9. Eagan City Code Chapter 1 I is hereby amended by adding Section 11.20, Subd. 1 1(13)(2 1)to read as follows: 21. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 10. Eagan City Code Chapter I 1 is hereby amended by adding Section 1 1.20, Subd. 12(B)(9)to read as follows: 9. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 11. Eagan City Code Chapter l l is hereby amended by adding Section l 1.20, Subd. 13(13)(7) to read as follows: 612 432 3780 SENT BY: 3-13-98 ; 9:05 SEVERSON SHELDON 681 4694:# 51 6 7. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 12. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 14(B)(8)to read as follows: 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 13. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 16(B)(18)to read as follows: 18. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 14. Pagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 17(13)(5)to read as follows: * 5. Public utility tower mounted antennae, subject to the regulations thereof in this Code. Section 15. Eagan City Code Chaptcr 11 is hereby amended by adding Section 11.20, Subd. 18(B)(6) to read as follows: 6. Public Utility Tower Mounted Antennae, subject to the regulations thereof in this Code. Section 16. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 19(B)(8)to read as follows: 8. Public utility tower mounted antennae, subject to the regulations thereof in this Code. 612 432 3780 SENT BY: 3-13-98 9=03 SEVERSON SHELDON 681 4694:# 6/ 6 Section 17. Eagan City Code Chapter 1 entitled "General Provisions and Defuzitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 18. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanQverbeke By: Thomas A. Egan .Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: _ Date of Advisory Plannxog Commission Hearing: ins Agenda Information Memo March 17, 1998 City Council Meeting E. ACCEPT reyort for the Eagan family aquatic facility Water Technolob, ,Inc FOR COUNCIL ACTION: To accept the report from Water Technology,Inc for the Eagan Family Aquatic Facility and authorize/deny preparation of plans and specifications for municipal center parking and authorize/deny Phase II contract for design development of the Eagan Aquatic Facility. FACTS: • Water Technology,Inc has prepared a preliminary master plan for a family aquatic facility. • Phase I of the project would cost a projected$4.5 million which would provide for a bather load of 1,200 people. • Phase II of the master plan would add another 800 people to the facility capacity with a total project cost of$7.1 million. • The consultants project that a single facility will need to have a bather load of 2,000 to meet today's population. • Until a decision about size of facility,organizational structure,and fees and charges for resident/non-resident are determined,an operational income and expense summary can only be extracted from other facilities. • Staff conducted two informational meetings. Those opposed to the facility cited some of the following reasons: • Noise impact to residents. • Proximity to neighborhood to east. • Taxes-loss of property value. • Traffic to neighborhood. • No need for facility. • Those in favor cited some of the following reasons to proceed: • Need for the youth and community. • Benefit and desire to see both parts of the plan constructed at one time. • Need for older youth as well as preschoolers. • Centrally located in community. • Close to bike trails and transportation. • Value to homes in community. CONCERNS: • Costs for construction are still projections. Soil borings and continued review will be required to determine better cost estimates at completion of design/development stage. • If the project is to proceed,direction to begin the site work for the park should be provided. Agenda Information Memo March 17, 1998 Eagan City Council Meeting NEW BUSINESS A. PRELIMINARY SUBDIVISION AND VARIANCES—WISPARK CORPORATION ACTION TO BE CONSIDERED: > To approve or deny a Preliminary Subdivision (Wispark Addition) consisting of two lots and one outlot on 31.5 acres currently platted as Outlot A of Robins Addition in the NE '/a of Section 2. > To approve or deny a Variance to the parking lot setback requirements to allow the northeast corner of the parking lot on Lot 1 to be setback 4 feet,rather than 20 feet from the lot line. > To approve or deny a Variance to the parking lot setback requirements to allow no setback(0 feet), rather than 5 feet, along the lot line between Lots 1 and 2 to accommodate a shared parking lot. FACTS: > The proposed subdivision will consist of two lots and one outlot. Lot 1 is proposed to be 10.2 acres, Lot 2 is 12.4 acres, and the outlot is 8.9 acres. These areas exceed the minimum lot size requirements of the Zoning Code. > Development on the two lots will consist of offices. The building on Lot 1 is proposed to be 3-stories (42 feet) and the building on Lot 2 is proposed to be one story (22 ft.). The building design will need to comply with the standards for exterior building treatment outlined in the Zoning Code. > The developer has done an excellent job of designing the site to preserve as many of the significant trees as possible. In fact, one of the trees being preserved, a 51" burr oak, is the largest oak tree the City Forester has seen in the City. ISSUES: > The developer is requesting two parking lot setback variances. The first would allow the northeast corner of the parking lot on Lot 1 to extend to within 4-feet from the property line, rather than 20-feet as required by code. Moving the parking lot as far to the northeast as possible allows two large areas containing significant oak trees to remain undisturbed. The other variance would allow a shared parking lot between the buildings on Lots 1 and 2. The parking lot will be paved over the lot line, as such, a variance is requested to waive the 5-foot setback requirement. > At their regular meeting on February 24, 1998, the APC recommended approval of the Preliminary Subdivision(Wispark Addition) and the two Variances subject to the conditions in the minutes. BACKGROUND/ATTACHMENTS: > Staff report,pages �a through > Minutes of Feb. 24, 1998 APC meeting,pages AZhrough ,,,? PLANNING REPORT CITY OF EAGAN REPORT DATE: Feb. 18, 1998 CASE: 02-PS-01-01-98; 02-VA-02-02- 98 APPLICANT: Wispark Corporation HEARING DATE: Feb. 24, 1998 PROPERTY OWNER: Wispark Corporation PREPARED BY: Julie Farnham REQUEST: Preliminary Subdivision and Variances LOCATION: South side of Blue Gentian Road,west side of TH 149 COMPREHENSIVE PLAN: BP—Business Park ZONING: BP- Business Park SUMMARY OF REQUEST Wispark Corporation is requesting approval of a Preliminary Subdivision (Wispark Addition) consisting of two lots and one outlot on 31.5 acres and Variances to the required parking lot setbacks, on property currently platted as Outlot A, Robins Addition, in the NE quadrant of Section 2. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report—Wispark Addition February 24, 1998 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 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, and that the granting of the application is necessary for the applicant. 130 Planning Report—Wispark Addition February 24, 1998 Page 3 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY This property was reguided and rezoned to BP (Business Park) in conjunction with John Allen's development proposal in 1996. Prior to that the property was guided for Commercial Planned Development. EXISTING CONDITIONS The property is currently undeveloped. It is mostly covered with low grasses with some clumps of significant trees. In fact, the largest oak tree known in the City is located near the southern property line of Lot 1. Most of the site is gently sloping to the south and west, with steep slopes around the detention pond and along the south property line. A 75-foot NSP powerline and 30- foot NSP gas line easement run north/south through the property between the proposed buildings on Lots 1 and 2. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Flagship Business Park (John Allen); zoned BP; guided BP South - TMI Coatings; zoned 1-1; guided BP East - The Waters; zoned PD; guided CPD West - Detention pond, vacant; zoned BP; guided BP EVALUATION OF REQUEST Proposed Use - The applicant is proposing to construct office buildings on each of the two lots in the proposed subdivision. The building on Lot 1 is proposed to be three stories in height and will include some underground parking. The building on Lot 2 is-proposed to be one story in height. Both will consist of 100%office space. Compatibility with Surrounding Area- The proposed office uses are consistent with the intent of Business Park zoning to provide for a mix of office, office/warehouse, and office/showroom. The development in the Flagship Business Park(John Allen) across Blue Gentian Road, would be considered office/warehouse and The Waters consists of a mix of office, office/warehouse, and office showroom. As such, the proposed office buildings will complement the surrounding developments. 131 Planning Report—Wispark Addition February 24, 1998 Page 4 Due to its location at the intersection of TH 149 and Blue Gentian, it will also be quite removed from the existing residential development at the west end of Blue Gentian. It is likely that most of the traffic generated by the offices will access the site from the east (TH 149) and should not create additional traffic on the residential portion of Blue Gentian. Due to the various development interests for this area that have surfaced recently, the City is undertaking a traffic study to evaluate future traffic generation and potential access and internal circulation needs of the"triangle" area. More specifically,the study will analyze the best location for a new full access intersection on TH 55 between Blue Gentian/Lexington Ave. and TH 149. It will also evaluate alternative internal circulation routes that will provide direct access to the properties on the west side of the detention pond (Pond FP-1). Internal access is necessary to accommodate development of these properties (Airliner, Kollofski Addition, etc.) since the State will not allow direct access onto TH 55. It will also provide an alternative outlet to TH 55 for the Flagship (John Allen) and Wispark developments to use until the western, unimproved portion of Blue Gentian (with residences) is upgraded to accommodate commercial traffic. Lots—The proposed subdivision consists of two lots and one outlot. Lot 1 is proposed to be 10.2 acres, Lot 2 is 12.4 acres, and the outlot is 8.9 acres. These exceed the minimum lot size requirements of the zoning code. Setbacks - All the proposed lots are large enough to be developed without setback variances. The proposed building setbacks exceed code requirements. However, due to significant woodlands on site which the developer(and the City) would like to preserve, a variance is requested to allow the parking lot to be constructed nearly to the lot line in the northeast corner of the site. In addition, the proposed site plan indicates that a parking lot will be built between the two office buildings for shared use. This parking lot pavement covers the lot line between the two buildings and therefore, no setbacks are proposed resulting in the need for another variance to the parking setback requirements. These requested variances are discussed in greater detail under the "Variance" section of this report. All other setbacks meet or exceed code requirements. Buildings - The proposed development on the two lots will consist of office buildings. The building proposed on Lot 1 will be three stories (42 ft.) in height with some underground parking. The building proposed on Lot 2 will be one story (22 ft.) in height. Details of the architectural design have not been submitted at this time. The building design will need to comply with the standards for building exterior treatment outlined in the Zoning Code which states that 85% of the building exterior must consist of brick, stone, glass, stucco, synthetic stucco, or decorative block/concrete. Signage—No signage is proposed at this time. The Sign Code permits one monument sign per lot and building signage on facades facing public streets. Any signage proposed will require a sign permit and should comply with the provisions of the Sign Code. Parkin —The proposed site plan is designed to use shared parking, with the largest parking area located between the two proposed office buildings. A cross-access easement will be required Planning Report—Wispark Addition February 24, 1998 Page 5 with the final subdivision to accommodate the proposed shared parking. Based on the required parking rate of 1 space per 150 s.f. of net leasable office space, the total required parking for the two office buildings is 778 spaces. The proposed site plan indicates a total of 790 spaces will be provided. Forty(40) spaces will be provided in an underground parking garage beneath the office building on Lot 1. The parking spaces are proposed to be 9' wide, which the City has found to be acceptable in office or non-retail situations where turnover is not expected to be high. The stalls will be 20 feet deep and the drive aisles are proposed to be 24 feet wide. Landscaping/Tree Preservation- The landscape plan proposed is acceptable. A substantial effort has been made to preserve most of the significant trees on site by creating large "islands"that will be left in a mostly undisturbed state. An outdoor sitting/patio area for employees is proposed on the east side of Building#1 adjacent to the undisturbed oak woodland. The site contains primarily open grassland with most of the significant vegetation located near the south property boundary. The tree preservation plan submitted indicates that there are 77 significant trees on site. Forty-two are oak species (bur and red oaks)with diameters ranging from 9"to 51". Only one oak tree with a diameter larger than 20"will be removed. The largest oak tree on site is actually one tree with a main trunk that forms into two stems at about five feet above ground. The main trunk measures 51"in diameter and is the largest bur oak tree the City Forester has seen in the City. This tree will be preserved within an area of about 18,000 s.f abutting the south property line of Lot 1. Several other oaks will be preserved in an area about 17,000 s.f. abutting the east side of building#1. The balance of the significant vegetation on the site is comprised of cottonwoods, boxelder, elm, and cedar. The proposed development will result in removal of 21 significant trees (27.3% of the total), of which only 3 are oak trees. Allowable removal for this type of development is 47.5%. Therefore, no tree mitigation is required. Grading - The preliminary grading plan is acceptable. The site generally slopes from northeast to southwest. Building#1 is proposed to be approximately 5 to 15 feet below the elevation of Blue Gentian Road and 0 to 12 feet below TH 149. Retaining walls are proposed along the south and north edges of Lot 1 to accommodate the elevation changes. Building#2 is proposed to be approximately 8-18 feet below the elevation of Blue Gentian Road. No retaining walls are needed there because of the large building setback from the road. Storm Drainage—The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via an internal storm sewer system to a water quality detention pond proposed in the southwest corner of the site. This pond will drain to pond FP-1, an existing pond along the west edge of this site. The proposed grading plan for this development creates low areas which may pond water along the south edge of the site. Storm sewer should be provided to drain these areas at the time of final subdivision. 133 Planning Report—Wispark Addition February 24, 1998 Page 6 Wetlands/Water Ouality- This development is located along the eastern shoreline of Pond FP-1, a 20-acre state-protected water classified as a Class V nutrient trap in the City's Water Quality Management Plan. There is no public access to the pond existing or proposed. There are no recreation-classified water bodies downstream from this pond. The proposed development incorporates a wet detention pond that will catch and treat runoff from virtually all impervious areas within the development prior to discharge to Pond FP-l. In order to avoid impacts to several mature oak trees in the vicinity of the pond, the pond size is smaller than required to satisfy full treatment requirements. As such, staff recommends that a supplemental cash dedication be required to make up for the shortfall in meeting the full treatment requirements. The only wetland within the site is associated with Pond FP-l. Previous grading of the site created a flat bench approximately 30 feet above the wetland with 5:1 slopes extending from the edge of the bench to the edge of the pond. Virtually all grading for the development will take place on the bench above the wetland with the exception of the grading for the detention pond in the southwest corner of the site. Other than the detention pond area, the grading limit is at least 50 feet back from the edge of the Pond FP-1. Staff recommends that, at a minimum, all disturbed areas within 50 feet of the edge of the Pond FP-1 be re-vegetated with native perennial grasses and forbs after grading. Utilities - The preliminary utility plan is acceptable. Sanitary sewer runs through the center of the site and is readily available for connection by this development. Water main is readily available along the north and east edges of the site. Streets/Access/Circulation- The main public street access to this property will be from Blue Gentian Road. Blue Gentian Road is a 44-foot wide, 4-lane roadway which connects to TH 149 at a signalized intersection. A secondary access will be created by providing a driveway connection to the existing frontage road located on the property directly to the south (TMI Coating). That frontage road connects to TH 149 at Lone Oak Parkway which is a scheduled to be signalized this summer. Staff notes that the development plans have been submitted to MnDOT for review but we have not heard back from them yet. As previously noted, the City Council recently authorized the preparation of a feasibility report for a traffic study for the area bound by 1-494, TH 149, and TH 55. This study will forecast the traffic impacts of full development of this area and outline what transportation improvements, if any, may be necessary. This development proposal is included in the traffic study area, however, it is not necessary that the study be complete prior to construction of this development. Easements/Rights of Way/Permits - A 75-foot NSP powerline easement and a 30-foot NSP pipeline easement run north-south through this property. The easements are located between the proposed office buildings and run in parallel with the lot line separating Lots 1 and 2. No buildings are proposed within the easements. The developer will be required to obtain a permit from MnDOT to connect the secondary access driveway to the TH 149 frontage road in the southeast corner of Lot 1. )3X Planning Report—Wispark Addition February 24, 1998 Page 7 Parks and Recreation - The APrC is recommending a cash dedication for parks and trails. Airport Noise Considerations - The City considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In this zone, an industrial use would be consistent and an office us would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 50 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 70 DNL. Variance Two variances are requested to allow the parking lot configuration proposed on the plans submitted by the developer. First, a variance from the required 20-foot parking setback is requested in the northeast corner of Lot 1 to allow the parking lot to extend to within 4-feet from the property line. According to the developer,pushing the parking lot as far to the northeast as possible allows them to leave large areas containing significant oak trees undisturbed along the south property line and in the center of Lot 1 just east of the proposed building. A retaining wall is proposed along the north edge of the parking lot that will wrap around the northeast corner of the lot. The parking setbacks in the northeast corner range from 4 to 10 feet. Some landscaping is proposed to provide screening in addition to the retaining wall. The second variance would allow the parking lot pavement to extend over the lot line separating Lots 1 and 2, resulting in no setback rather than the 5-foot setback required by code. The parking lot is designed to create one large shared lot between the buildings on Lot 1 and 2. It is proposed to be one continuous parking lot without separations to demark the lot line. A shared parking lot provides some economies of scale and also helps retain the large undisturbed areas on the east side of building #1 while providing adequate parking to serve the two buildings. SUMMARY/CONCLUSION Wispark Corporation is requesting a Preliminary Subdivision to create two lots and one outlot on 31.5 acres located on the south side of Blue Gentian Road,west of TH 149. While the proposed lots are large enough to be developed without variances, the developer is requesting two parking lot setback variances to allow the site to be designed to leave two fairly large areas containing significant oak woodlands undisturbed. One of the variances would allow the parking lot to extend as close as 4 feet to the property line in the northeast corner of Lot 1 rather than the required 20-foot setback. The other variance would allow a shared parking lot between the buildings on Lots 1 and 2. The parking lot extends over the lot line resulting in no setback rather than the 5-foot setback required. A cross-access agreement will be required to allow the shared parking lot. 13.5- Planning Report—Wispark Addition February 24, 1998 Page 8 The proposed site plan was designed to preserve as much of the significant vegetation as possible. The developer has done an excellent job in designing a site plan that preserves all but 3 of the significant oak trees, including the largest oak tree in Eagan. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Preliminary Subdivision (Wispark Addition) to create two lots and one outlot on 31.5 acres currently platted as Outlot A of Robins Addition subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B3, B4, Cl, C2, C4, D1, El, F1, G1 General Conditions 2. The property shall be platted. 3. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 70 DNL. 4. The building design shall comply with the standards for building exterior treatment outlined in the Zoning Code. 5. Any signage will require a permit and shall conform to the provisions of the Sign Code. 6. Detailed plans and specifications for the retaining walls shall be submitted at time of final subdivision application. 7. Storm sewer shall be included in this development to drain the low areas along the south edge of the site at time of final subdivision application. 8. The developer shall obtain a permit from MnDOT to work within the TH 149 right- of-way for the connection to the frontage road in the southeast corner of Lot 1. 9. A cross-access agreement will be required at time of final subdivision approval to allow a shared parking lot between Lots 1 and 2. 139 Planning Report—Wispark Addition February 24, 1998 Page 9 10. On-site ponding shall be the primary means of meeting water quality treatment requirements and a supplemental cash dedication shall be required to make up for any shortfalls in meeting the full treatment requirements through ponding. 11. Filling of the wetland associated with Pond FP-1 is prohibited. 12. Any graded areas within 50 feet of the edge of Pond FP-1 shall be planted with native perennial grasses and forbs to act as a wetland buffer. 13. Tree protective measures (i.e. 4-foot polyethylene safety netting) shall be installed at the Drip Line or at the Critical Root Zone, whichever is greater, of the significant trees and/or woodlands to be preserved. 14. The developer shall contact the City Forestry Division at least five working days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 15. The developer shall be responsible for a cash parks dedication and a cash trails dedication. B. To recommend approval or denial of Variance to the parking lot setback requirements to allow the northeast corner of the parking lot on Lot 1 to be 4 feet, rather than 20 feet, from the lot line. C. To recommend approval or denial of a Variance to the parking lot setback requirements to allow no setback, rather than 5 feet, along the lot line between Lots 1 and 2. 13� STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /?U 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: _August 25, 1987 September 15, 1987 Revised:_ July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARDLON 13/ FINANCIAL OBLIGATION—Wispark Addition There are pay-off balances of special assessments totaling $1,876 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None1 +City of Eagan Location � 1 Us 555! ��• . Cm HIM�5MOMRAPROURRU 2 , 5 555555559 ' a555SS55r s� i .��ze�zzzz�za r■2Z3zzzzz��_ ��ic=�ii�aa Ems` ._ ■ii z�►\I���ro Flo City of Eagan Comprehensive Pian Map BP B BP W C BP B C D Q IND BP CPD P IND PF Guide Plan Designation BP Business Park Wispark Addition Case No. 02-PS-01-01-98 10DO 0 1000 Feet City of Eagan Community Development Department --- City of Eagan ZoningMap 0� eee.... A BP R-� D 6 SP D R-, Q 1-1 171 1 1 1 4 I-1 PK 1771 i-1 1 Current Zoning BP Business Park Wispark Addition Case No. 02-PS-01-01-98 11,12 10 o ,000 Fed City of Eagan Community Development Department {�2• tilll 1 ! 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HENT) Page 6 February 24, 1998 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION WISPARK CORPORATION WISPARK ADDITION Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Wispark Addition) consisting of two lots and one outlot on 31.5 acres and Variances to the required parking lot setbacks, on property currently platted as Outlot A, Robins Addition, in the NE quadrant of Section 2. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staff s planning report dated February 18, 1998. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. A representative on behalf of the applicant noted his appearance and informed the Commission that he would be available to answer questions. No members from the public spoke. Member Carlson expressed that she was in favor of saving the trees and thought the variance requests were reasonable to accomplish that goal. The other Commission Members agreed and commended the applicant for its landscaping plan. Member Frank moved, Member Carlson seconded, a motion to recommend approval of a Preliminary Subdivision (Wispark Addition) consisting of two lots and one outlot on 31.5 acres on property currently platted as Outlot A, Robins Addition, in the NE quadrant of Section 2, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B3, B4, Cl, C2, C4, D1, El, Fl, G1 General Conditions 2. The property shall be platted. /�D Page 7 February 24, 1998 ADVISORY PLANNING COMMISSION 3. The developer shall insure that the building plans, materials and construction of the office portion of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 70 DNL. 4. The building design shall comply with the standards for building exterior treatment outlined in the Zoning Code. 5. Any signage will require a permit and shall conform to the provisions of the Sign Code. 6. Detailed plans and specifications for the retaining walls shall be submitted at time of final subdivision application. 7. Storm sewer shall be included in this development to drain the low areas along the south edge of the site at time of final subdivision application. 8. The developer shall obtain a permit from MnDOT to work within the TH 149 right-of-way for the connection to the frontage road in the southeast corner of Lot 1. 9. A cross-access agreement will be required at time of final subdivision approval to allow a shared parking lot between Lots 1 and 2. 10. On-site ponding shall be the primary means of meeting water quality treatment requirements and a supplemental cash dedication shall be required to make up for any shortfalls in meeting the full treatment requirements through ponding. 11. Filling of the wetland associated with Pond FP-1 is prohibited. 12. Any graded areas within 50 feet of the edge of Pond FP-1 shall be planted with native perennial grasses and forbs to act as a wetland buffer. 13. Tree protective measures (i.e. 4-foot polyethylene safety netting) shall be installed at the Drip Line or at the Critical Root Zone, whichever is greater, of the significant trees and/or woodlands to be preserved. 14. The developer shall contact the City Forestry Division at least five working days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 15. The developer shall be responsible for a cash parks dedication and a cash trails dedication. 1-5/ Page 8 February 24. 1998 ADVISORY PLANNING COMMISSION All voted in favor. Member Frank moved, Member Carlson seconded, a motion to recommend approval of a Variance to the parking lot setback requirements to allow the northeast corner of the parking lot on Lot 1 to be 4 feet, rather than 20 feet, from the lot line. All voted in favor. Member Frank moved, Member Carlson seconded, a motion to recommend approval of a Variance to the parking lot setback requirements to allow no setback, rather than 5 feet, along the lot line between Lots 1 and 2. All voted in favor. /S� Agenda Information Memo March 17, 1998, Eagan City Council B. COMPREHENSIVE GUIDE PLAN AMENDMENT—(OAKVIEW CENTERI ACTION TO BE CONSIDERED: > To approve or deny a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to CPD (Commercial Planned Development) for approximately 19 acres at the southeast corner of Lone Oak Road and State Hwy. 55. > Council action on the Guide Plan Amendment should be based on the relationship with the two pending applications for a Preliminary Subdivision and Preliminary Planned Development. Formal action on these two items will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. FACTS: > The current NB land use designation for this site was adopted in 1994 as a result of the Lone Oak Area Study. The CPD land use designation was created in 1988 to provide flexibility in commercial development and the area north of this site is also designated CPD. With the CPD designation, specific uses and intensities for each property are determined by a planned development agreement. > In conjunction with the proposed Comprehensive Guide Plan Amendment,Holiday Stationstores, Inc. is proposing a Preliminary Subdivision and a Preliminary Planned Development for this site. The proposed subdivision consists of eight lots. In addition to a Holiday convenience/gas with a car wash, the proposed Preliminary PD includes two Class I restaurants,one Class II restaurant with drive-through service,a hotel, a retail center, an office building,and a daycare. > The Advisory Planning Commission held a public hearing on February 24, 1998. The APC recommended approval of the Comprehensive Guide Plan Amendment,the Preliminary Subdivision and the Preliminary Planned Development Amendment, subject to the conditions in the minutes. ISSUES: > MnDOT has asked for traffic generation and movement analysis to be done before making a final determination on the acceptability of the proposed access to Hwy. 55 opposite Hwy. 149. > Because most of the specific users for this proposed development remain unknown, and to ensure orderly development that incorporates common design themes and elements throughout, one of the conditions calls for more detailed master plans to be submitted prior to final subdivision or final planned development approval. ATTACHMENTS: March 24, 1998 APC Minutes,pa e through Staff Report,pages/�through 153 Page 11 February 24, 1998 ADVISORY PLANNING COMMISSION COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION HOLIDAY STATIONSTORES, INC. Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision consisting of 19 acres and 8 lots at the southeast corner of Lone Oak Road and Highway 55 in the NW'/4 of Section 12. In addition to the Holiday convenience/gas store with car wash, the proposed Preliminary Planned Development also includes a hotel, two sit-down restaurants, a fast food restaurant with drive-through service, a retail center, an office/clinic and daycare. A Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to CPD (Commercial Planned Development) is needed to accommodate the hotel use, which would not be consistent with the current NB land use designation. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated February 20, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak also highlighted the concerns expressed by the Minnesota Department of Transportation and Dakota County with respect to the street alignments and accesses. Ms. Dudziak indicated that MnDOT had required the developer to submit a traffic study which is just being ordered. Additionally, Ms. Dudziak noted the history of the area surrounding the proposed development and the amendment to the City's Comprehensive Guide Plan for the area between Lone Oak Road and Highway 55. The applicant, Mark Nelson of Holiday Companies, expressed his desire to initiate the process with the Commission at this time. Mr. Nelson indicated the developer was expecting feed-back with respect to the overall makeup of the proposed development and would answer any questions from the Commission. Joe Steininger from Walnut Grove expressed concerns with the proposed City street through the project and its lack of providing direct access to property on the north. The resident also addressed concerns with the height and extent of retaining walls, the height of the signage and the ponding. In response to a question from Chair Heyl, Assistant Engineer John Gorder explained the need for the retaining walls and the limited ability to access the property to the north due to significant grade changes and site constraints on the property. Mr. Gorder further explained the design of the ponds and its safety features. With respect to the concerns over access, Mr. Gorder indicated that Lone Oak Road was a County Road and access to it would be controlled by Dakota County. /5-1/ Page 12 February 24, 1999 '? ADVISORY PLANNING COMMISSION In response to a resident inquiry, Mr. Gorder stated that the internal public street was to be built by the developer without assessments to the neighboring properties. Walter Moliter of 715 Lone Oak Road questioned the ability to provide fire protection to the development and asked if the City had reviewed the proposal in light of Lone Oak Road being under construction. Brian Haynes of 785 Lone Oak Road questioned the need to amend the Comprehensive Guide Plan from Neighborhood Business. He referenced the 1994 Commercial Land Use Study which was conducted by the City and questioned how hotels fit on the property. He additionally expressed concerns with the traffic flow through the property and the compatibility of the uses due to the grade change and that the pylon signs would be visible from their living units. Assistant Engineer Gorder in response to questions from the Commission indicated that there were no additional improvements anticipated for Lone Oak Road beyond what the County was expected to undertake this year. Member Carlson expressed a concern whether a median should be requested to be installed in Lone Oak Road beyond the proposed access. Chair Heyl summarized the residents concerns as dealing with ponds, access, signage, guard rails, elevation changes, lack of a traffic plan, compatibility and whether commercial planned development is better than neighborhood business. Member Carlson expressed her concern over amending the Comprehensive Guide Plan and end up with a use not anticipated. Member Steininger expressed his concern over the feasibility of developing the property to the north without an access to the proposed City street. Member Frank expressed his additional concern. The Commission Members discussed the issue of signage and noted that due to the grade changes the commercial signage should be limited in height. In response to an inquiry by City Attorney Dougherty, several Members stated that the proposed uses should share monument signs and eliminate any pylon sign other than for center identification. Chair Heyl expressed her concern with safety and questioned the action by the Commission without information from Dakota County and MnDOT. Chair Heyl suggested that left-turn movements onto Lone Oak Road from the proposed street appeared to be dangerous and believed that the Lone Oak Road upgrade by the County should extend beyond the proposed access. /S-5" Page 13 February 24, 1998 ADVISORY PLANNING COMMISSION Member Frank moved, Member Steininger seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment from Neighborhood Business to Commercial Planned Development for approximately 19 acres at the southeast corner of Lone Oak Road and Highway 55 in the NW'/4 of Section 12. All voted in favor. After further discussion, Member Frank moved, Member Steininger seconded, a motion to recommend approval of a Preliminary Subdivision (Oakview Center) consisting of eight lots on approximately 19 acres at the southeast corner of Lone Oak Road and Highway 55 in the NW%4 of Section 12, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A 1, B 1, B2, B3, B4, C 1, C2, C3, C4, D 1 and E 1 2. The property shall be platted. 3. Thero osed subdivision shall be revised p p sed to eliminate the four outlots and combine them with adjoining parcels or in the case of Outlot B, incorporated with adjoining public right-of-way. LandscgPM' 4. Landscaping on the north sides of Lots 2 and 3, Block 2, shall be revised to include shrubs and evergreen materials to provide better screening. All landscaped areas should have automatic irrigation. 5. The developer is responsible for obtaining any permits from MnDOT to plant within the Highway 55 right-of-way. Grading 6.A. The retaining walls along public streets shall be located at the edge of the public right-of-way a minimum of 10 feet behind the proposed back of curbs. Detailed plans and specifications for the retaining walls shall be provided at the time of final subdivision. The developer shall also obtain all necessary construction easements from adjacent properties to construct the retaining walls at the time of final subdivision. 151�5 Page 14 February 24, 1998 ADVISORY PLANNING COMMISSION —` 6.B. Protective decorative fencing shall be installed on any retaining wall which is five feet or higher in height. 7. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City Erosion Control Standards. 8. Where possible, two to three-foot high landscape berms shall be provided to screen parking areas along public right-of-way. These berms shall be located outside the public right-of-way. Drainage 9. Pond GP-11 and its pipe outlet to Pond GP-3 shall be constructed with the first phase of this development. Water Quality 10. Water quality mitigation requirements shall be met through on-site ponding. The detention ponds shall meet City standards for detention basin design. Wetlands 11. Wetland mitigation shall be in conformance with the revised wetland mitigation plan received December 31, 1997. Utilities 12. The developer shall extend 16-inch water main to the east edge of the development along Lone Oak Road, in accordance with the City Water Supply and Distribution Plan (1996). Streets/Access/Circulation B.A. Revisions required by MnDOT to the signal or roadway systems at the Highway 55/149 intersection to accommodate this development shall be the responsibility of the developer at their expense. 13.B. City staff shall review the proposed City street to determine if a stub to provide access to the properties to the north can be accommodated. Page 15 Febr uary 24, 1998 ADVISORY PLANNING COIvIIvIISSION Pedestrian Circulation 14. A sidewalk should be provided along the north side of the proposed public street from Lot 1, Block 2, eastward to the edge of the development to allow pedestrian circulation throughout the entire development, and to provide for a connection with potential future developments to the east and north. Easements/Permits 15. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Tree Preservation 16. The Tree Preservation Plan shall be revised to show how the tree preservation mitigation will be provided. Tree preservation mitigation, if in the form of . reforestation, shall be provided in addition to landscape requirements. 17. Tree Protective measures (i.e. 4-foot polyethylene safety netting) shall be installed at the Drip Line or at the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 18. The applicant shall contact the City Forestry Division at least five working days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 19. This development shall be subject to a cash parks dedication and a cash trails dedication. All voted in favor. Member Frank moved, Member Steininger seconded, a motion to recommend approval of a Preliminary Planned Development consisting of a gas station/convenience store with a car wash, two Class I restaurant, one Class II restaurant, a hotel, a retail center, and office/clinic and a daycare center on approximately 19 acres located at the southeast corner of Lone Oak Road and Highway 55 in the NW'/4 of Section 12, subject to the following conditions: /�U Page 16 February 24, 1999 ADVISORY PLANNING COMMISSION 1. A Preliminary Planned Development Agreement shall be executed and shall contain the following plans. The following plans shall be revised and submitted as master development plans prior to final subdivision and final development plan approval. * Preliminary Site Plan * Preliminary Building Elevation Plans * Preliminary Landscape Plan * Preliminary Signage Plan * Preliminary Site Lighting Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final planned Development Agreement and shall be consistent with the approved master plans of the Preliminary Planned Development. * Final Site Plan * Final Building Elevations * Final Landscape Plans * Final Signage Plan * Final Lighting Plan Building Elevations 3. Building design, architecture and materials shall be consistent and compatible throughout the development. The developer should modify the design of Holiday to be more consistent with the other buildings presented. Brick should be the primary material, and common colors and architectural features should be used throughout the development. Master building elevation plans shall show all building elevations and identify what color materials will be used, and specify guidelines for consistency in the style of awnings to be used. Trash Enclosures 4. All trash and recyclable storage areas shall be contained within the principal building or within an enclosure attached to the principal building. Enclosures for the outdoor trash and recyclable storage must meet the designing standards set forth in the Zoning Code and shall be shown on the master site plan. Page 17 February 24, 1998 ADVISORY PLANNING COMMISSION Rooftop Mechanical 5. Any rooftop mechanical equipment shall be screened from view from the public right-of-way and adjacent properties. Signage 6. Shared monument signs shall be used wherever possible. No sign shall exceed ten feet in height except for the center identification sign. The revised master signage plan shall incorporate creative and innovative design elements and uniformity among the signs that define this development as a gateway project and an integrated whole. 7. All signs shall comply with City Sign Code requirements and all freestanding signs shall be set back a minimum of ten feet from all property lines. 8. Cross easement for joint signs shall be provided. 9. Directional signs shall not exceed six square feet in area. Lighting 10. All site lighting should be shielded, directed and diffused so as to prevent the source of light from being directly visible from public rights-of-way and adjacent parcels. Particular attention should be paid to shielding the light from residential properties to the north and east of the site. 11. Canopy lighting should be recessed so that the light source is not directly visible from the public right-of-way or adjacent properties. 12. Street lighing should incorporate decorative light fixtures and standards throughout the development. Airport Noise Considerations 13. The developer shall insure that the building plans, materials and construction of the day care facility building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 14. The term of the Preliminary Planned Development shall be ten years. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 20, 1998 CASE: 12-PP-30-12-97 12-CG-08-12-97 APPLICANT: Holiday Stationstores, Inc. HEARING DATE: February 24, 1998 PROPERTY OWNER: Douglas DeCoster PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision (Oakview Center) Preliminary Planned Development Comprehensive Guide Plan Amendment from NB to CPD LOCATION: Southeast corner of Lone Oak Rd. and Hwy. 55 COMPREHENSIVE PLAN: NB —Neighborhood Business ZONING: NB —Neighborhood Business SUMMARY OF REQUEST Holiday Stationstores, Inc.is requesting approval of Preliminary Subdivision consisting of 19 acres and 8 lots at the southeast corner of Lone Oak Road and Highway 55 in the NW '/4 of Section 12. In addition to the Holiday convenience/gas store with car wash, the proposed Preliminary Planned Development also includes a hotel, two sit-down restaurants, a fast food restaurant with drive-through service, a retail center, an office/clinic, and a daycare. A Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to CPD (Commercial Planned Development) is needed to accommodate the hotel use, which would not be consistent with the current NB land use designation. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. 1461 Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 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: /V/ - Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 3 (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUNDIHISTORY In 1994, the City conducted a comprehensive study of the area between Lone Oak Road, Hwy. 55 and the Eagan/Inver Grove Heights corporate border. As a result of the study, a small area plan was developed as an amendment to the City's Comprehensive Guide Plan. The proposed development site received a land use designation of Neighborhood Business (NB), while the remaining land within the study area received a designation of Rural Residential (RR). The Lone Oak Small Area Plan states that zoning classifications compatible with the NB land use designation could include Limited Business,Neighborhood Business, or Planned Development. EXISTING CONDITIONS The site is approximately 90% open grassland. The significant vegetation on this site is limited to the area of the proposed north entrance road and along the east portion of the north property line. There are also two small wetland areas on this site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single-family residences and Trinity Lone Oak Church; zoned A(Agricultural) and P (Public); and guided CPD (Commercial Planned Development) South - Fina and single-family residential; zoned GB (General Business) and R-1 (Single- Family Residential); guided GB (General Business), D-H (Residential 0-6 units per acre) and D-I (Residential 0-3 units per acre) East- Single-family residences; zoned A (Agricultural); guided RR(Rural Residential) West- Dart Transit; zoned I-1 (Limited Industrial); guided IND (Limited Industrial) EVALUATION OF REQUEST Description of Proposal - The development is proposed in three phases proceeding from west to east. .Initial construction in phase 1 would include the Holiday Station convenience/gas store on Lot 1, Block 2, followed by the restaurants or retail and motel on Lots 1-4, Block 1. Phase 2 16" 3 Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 4 includes a restaurant or retail building on Lot 2, Block 2, and an office/clinic on Lot 3, Block 2. Phase 3 would be the daycare center on Lot 1,Block 3 at the east end of the site. This phasing is conceptual and may change with market demand. Compatibility with Surrounding Area—Except for the residential uses south of Hwy. 55, this site is surrounded primarily by industrial and office uses. The residential development north and east of this site is designated Rural Residential, and in the long-term is not expected to remain in a single-family large lot residential uses,but instead is expected to transition to some non- residential urban use. This type of commercial development appears compatible with nearby industrial and office development, and with its location on major roadways. The site layout places the more intensive uses (drive-through restaurant, hotel and convenience/gas store) to the south and west portions of the site, away from the adjacent residential lots to the north and east. This site is a highly visible and highly traveled location, at the intersection of two state highways (Hwys. 55 and 149) and a county road (Lone Oak Rd.). Comprehensive Plan Amendment: The request includes a Comprehensive Plan Amendment from NB (Neighborhood Business) to CPD (Commercial Planned Development). The Commercial Planned Development land use designation was established in 1988 to provide flexibility in commercial development. The CPD designation allows for a diversity of commercial uses and intensities, with the specific use and intensity for each property determined by a planned development agreement. The area north of this site is designated CPD. Most of the uses proposed in this site are consistent with the existing NB designation, with the exception of the hotel proposed for Lot 3, Block 1 at the west end of the development. The Lone Oak Area Study pointed out that the site is an area where major roadways converge and is relatively flat without significant vegetation. The Study concluded that as a result, this site could be developed commercially without significantly impacting the RR portion of the study area. The RR designation was intended to be a long-term interim policy to guide the transition of that area to some non-residential urban use over the very long-term. The Study concluded that the timing of the transition to commercial or industrial development would be the result of private market forces. It also concluded such development should occur in an orderly manner, beginning with the westerly portion of the study area and proceeding eastward, and should not be undertaken on an individual parcel or piecemeal basis. The Lone Oak Area Study referenced the Commercial Land Use Study,which was adopted by the City Council in May of 1994. The Commercial Land Use Study identified the lack of a neighborhood commercial node in the northeast portion of Eagan. In addition, hotels and motels were identified as an emerging industry at that time. The Commercial Land Use Study concluded that hotels and motels should be accommodated based on location and scale as opposed to specific land use categories, and that hotels and motels would be appropriate in a neighborhood commercial node, provided the parcel is adjacent to a principal arterial or interstate freeway and the project is of a compatible scale to the adjacent land uses. A� y Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 5 State highway 55 is a principal arterial. Based on the information submitted, the hotel would contain about 90 rooms, located on a 1.89-acre lot at the west end of the development, with 102 parking stalls on the site. The three nearby lots are proposed to be developed with a Class I (sit- down)restaurant just to the east on Lone Oak Rd., a Class II (fast food)restaurant adjacent to Hwy. 55, and either a Class I restaurant or a retail building on the third lot. The siting of the hotel at the west end of the property, and the fast food restaurant and convenience/gas opposite the Hwy. 149 intersection with Hwy. 55,puts the more intensive uses closest to the roadways, and furthest from the residences to the east. Airport Noise Considerations—The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In this noise zone, office, commercial and retail uses would be consistent while day care facilities, being comparable to educational and care facility uses, would be provisional, meaning that they must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction of the day care facility building should be such that they will insure an interior sound level of 45 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. Preliminary Subdivision: Density—The proposed subdivision consists of eight lots and four outlots on approximately 19 acres. Approximately one acre of the site is devoted to right of way, leaving eight development sites on 18 acres. Lots—The proposed subdivision consists of eight lots and four outlots on approximately 19 acres. Lot sizes are listed below: Lot 1, Block 1 1.62 acres Lot 1, Block 2 1.94 acres Lot 2, Block 1 1.26 acres Lot 2, Block 2 1.67 acres Lot 3, Block 1 1.89 acres Lot 3, Block 2 1.50 acres Lot 4, Block 1 1.37 acres Lot 1, Block 3 1.83 acres Outlot A is a private access road within the development. To ensure maintenance and prevent tax forfeiture, Outlot A should be eliminated and the property combined with the adjacent parcels, or ownership of the outlot should be deeded to the adjacent lots. Outlot B is remnant triangle of land separated from the development by the newly platted street. Outlot B should be incorporated as part of the public right-of-way. Outlot C contains the storm water ponding and should be combined with the adjacent Lot 3, Block 2, to prevent tax forfeiture. Outlot D is a 10.4-foot wide strip of land extending south from Lone Oak Road 891 feet along the extreme east end of the plat. Outlot D should be combined with the adjacent Lot 1, Block 3 also to prevent tax forfeiture. Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 6 Setbacks—Standard minimum required building setbacks in a commercial zoning district are 30 feet from a public street, 50 feet from a major thoroughfare (Hwy. 55 and Lone Oak Road). Typical parking setbacks are 20 feet from a public right-of-way and 5 feet from side and rear common lot lines. Canopy structures must meet the same setbacks as the principal building, 30 feet from the public right-of-way. The proposed diesel canopy for the Holiday station is less than 30 feet from the north lot line, which deviates from this standard. Other building and parking setbacks appear to be met, except where joint access drives eliminate side yard setbacks for paved areas. Landscaping—The landscape plan shows a variety of deciduous overstory and ornamental trees, coniferous trees and shrubs. The landscape plan does not show a level of detail to include foundation plantings around the buildings, but encompasses landscaping at the perimeter of the proposed lots and within parking lot islands. With a few exceptions, the screening required by City Code appears to be satisfied. As discussed in the review of the grading plan,two to three foot high berms should be used wherever possible, in conjunction with landscape plantings, to screen between parking areas and public rights-of-way and the landscape plan should be revised to show the underlying grading contours. Landscaping on the north sides of Lots 2 and 3, Block 2, consists of deciduous overstory trees, but should be revised to include shrubs and evergreen materials to provide better screening. As noted on the plan, all landscaped areas should have automatic irrigation. Native grasses and dogwood shrubs are shown around the ponding area, although some of the dogwoods on the south side of the pond are within MnDOT right-of-way. The developer is responsible for obtaining any required permits from MnDOT to plant within the Hwy. 55 right- of-way. Grading—The preliminary grading plan is acceptable with modifications. The site has gently rolling topography and is generally open with the exception of the northeast corner, which contains some significant woodlands. The site is approximately 10 to 20 feet in elevation below the grade of Moss Addition to the north and approximately 10 to 50 feet below the grade of Parcel 030-25, also to the north. The preliminary grading plan shows retaining walls within the proposed public right-of-way of the streets within the development. The retaining walls should be located at the edge of the public right-of-way a minimum of 10 feet behind the proposed back of curbs. Detailed plans and specifications for the retaining walls should be provided at the time of final subdivision. The developer should also obtain all necessary construction easements from adjacent properties to construct the retaining walls at time of final subdivision. The preliminary grading plan does not show erosion control measures necessary with grading of the site. The developer should be responsible for installing and maintaining erosion control measures in accordance with the City Erosion Control Standards. /4� 6 Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 7 The preliminary grading plan shows grading within Dakota County and MnDOT rights-of way. Permits from those respective agencies should be obtained by the developer for this grading. Grading for the development should conform to the grades for Lone Oak Road as proposed by Dakota County as part of the Lone Oak Road reconstruction project this coming summer. Where possible, two to three foot high landscape berms should be constructed to screen parking areas along public right-of-way. These berths should be located outside the public right-of-way. Storm Drainage—The preliminary storm drainage plan is acceptable with modifications. The storm drainage plan shows the storm sewer within the site will drain to a storm water pond (Pond GP-11) in the south central portion of the development. The plan also shows a pipe outlet for Pond GP-11 1600 feet east to Pond GP-3, constructed mainly within MnDOT right-of-way. A portion of Pond GP-I l is shown on MnDOT right-of-way of Hwy. 55. MnDOT has indicated in preliminary comments that ponding will not be allowed in Hwy. 55 right-of-way. Also, a storm water permit from MnDOT will be required for the proposed ponding and pipe outlet within their right-of-way. Pond GP-11 and its pipe outlet to Pond GP-3 should be constructed with the first phase of this development. Water Quality—This development is located in Drainage Basin G. The site contains a low area along Highway 55 that has been designated for use as a stormwater management basin (Pond GP-11) when the land develops. After routing to this basin, stormwater from the site will travel through two other designated treatment basins downstream before reaching Bur Oak Pond in Bur Oak Park. Bur Oak Pond is designated as a Class II water body and is the nearest downstream recreational water body to the development site. Water quality modeling shows that, because of the size of the development and the intensity of the land use proposed, on-site ponding will be necessary to prevent significant degradation to water quality in Bur Oak Pond. The two-cell pond proposed in the grading plan will provide adequate wet pond volume (3.1 acre-feet)to meet non-degradation standards. The pond should meet the City's standards for detention basin design. Wetlands - A wetland survey has been conducted for the site and two wetlands have been identified. Wetland 1 is a Type 2 wetland near the Highway 55 right-of-way and is approximately .37 acres in area. This area has been identified for use as a stormwater pond by the City as well as the developer. The developer proposes to fill about 700 square feet of this wetland to accommodate parking for Lot 3, then excavate the remaining wetland for use as the second cell of the detention basin. The second wetland is a small (less than 1/10' acre) Type 6 wetland near the center of the site. The developer proposes to fill all of this wetland. Both wetlands are very degraded. The proposed wetland fill totals approximately 5,000 square feet or about 25% of the total area of jurisdictional wetlands on the site. The proposed replacement plan shows construction of a small replacement wetland adjacent to the stormwater ponding features in the southeastern portion of the site. The remainder of the mitigation requirement would be met through construction of the first cell of the stormwater treatment basin in an upland area, as allowed under the Wetlands Conservation Act. /V/ Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 8 Because of the low quality of the jurisdictional wetlands, the intensive nature of development proposed for the site, and the fact that the replacement plan meets state standards, staff finds the the replacement plan acceptable. Water quality mitigation requirements should be met through on-site ponding and the detention ponds should meet the City standards for detention basin design. Wetland mitigation should occur in conformance with the revised wetland mitigation plan received December 31, 1997. Utilities—The preliminary utility plan is acceptable. Sanitary sewer is available for connection on the south side of Hwy. 55. Water main is available for connection to the north at Lone Oak Road and to the south across Hwy. 55. The water main will be looped through the site. The developer should extend 16-inch water main to the east edge of the development along Lone Oak Road, in accordance with the City Water Supply and Distribution Plan, which was adopted in 1996. Streets/Access/Circulation—Access to the development is proposed from two locations; one street onto Lone Oak Road (Dakota County Road 26) at the northeast corner of the site, and one street connection to Hwy. 55 at its intersection with Hwy. 149 to the southwest. A public street is proposed to loop through the site from Hwy. 55 to Lone Oak Road. A public street is also proposed to extend to the southeast corner of the site that will be extended along the north side of Hwy. 55 to serve as a future frontage road. MnDOT has reviewed this development proposal and has submitted formal comments denying any access to Hwy. 55. A public street access may be acceptable to MnDOT as a fourth leg of the Hwy. 55/Hwy. 149 intersection after their review of the development's projected traffic information. MnDOT is requiring the developer to submit traffic generation and movement forecasts from the development for their review and will base their final decision on access to Hwy. 55 on that information. The results of this traffic study and MnDOT's review are critical in determining whether this development proposal is feasible as presented. Any revisions required by MnDOT to the signal or roadway systems at the TH-55/149 intersection to accommodate this development should be the responsibility of the developer at their expense. These revisions will likely include the construction of additional traffic lanes on Hwy. 55 and Hwy. 149, the relocation and modification of existing signal mast arms, and the construction of new signal mast arms. The Dakota County Plat Commission has also reviewed the preliminary plat and concept plan for the development and has indicated that, although it does not fully meet their access spacing guidelines, access onto Lone Oak Road (Dakota County Road 26) is acceptable only at the east edge of the development. Pedestrian Circulation—The phase 1 development shows internal sidewalks. Sidewalks are also shown on the south side of the proposed public street adjacent to Lots 1 and 2, Block 2, however, the sidewalk ends at the east edge of Lot 2 and does not continue to the east. This sidewalk should instead be provided along the north side of the proposed public street from Lot 1, Block 2, /t/7 � Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 9 eastward to the edge of the development to allow pedestrian circulation throughout the entire development, and to provide for a connection with potential future developments to the east and north. Easements/Riahts of Way/Permits—This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Dakota County will require that restricted access be dedicated on the final plat along Lone Oak Road, except in the area of the proposed access at the east end of the development. MnDOT has previously acquired restricted access rights along the entire site's frontage along Hwy. 55 except for a 60-foot wide area opposite the Hwy. 55/149 signalized intersection and a 60-foot wide opening opposite the existing median opening on Hwy. 55 near the southeast corner of the development. Tree Preservation—The site is approximately 90%open grassland. The significant vegetation on this site is limited to the area of the proposed north entrance road and along the east portion of the north property line. There are also two small wetland areas on this site. The submitted tree inventory indicates that there are sixty-six (66) significant trees and 15,610 square feet of significant woodlands on the site. There are four specimen bur oak trees (30", 33", 36" and 36" diameters). All of the significant oak trees are located on steep hillsides in the two areas mentioned in the previous paragraph. The significant woodlands are comprised of mostly smaller diameter cottonwood and boxelder. Development as proposed will result in the removal 57.6% of significant trees and 100% of the significant woodlands. One of the four specimen trees (33"oak) would be removed. Required mitigation for the removal of trees and woodlands in excess of allowable limits calculates to 28 Category A trees or 56 Category B trees or 112 Category C trees (or some combination of the three) or a cash mitigation of$16,800.00. Tree mitigation reforestation is in addition to landscape requirements. The Tree Preservation Plan should be revised to show mitigation in the form of either the installation of 56 Category B trees (or some equivalent of Category A or Category C trees) or cash mitigation. Additionally, Tree Protective measures (i.e. 4 foot polyethylene safety netting) should be installed at the Drip Line or at the Critical Root Zone,whichever is greater, of significant trees/woodlands to be preserved. The applicant should also contact the City Forestry Division at least five working days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation - This development shall be subject to a cash parks dedication and a cash trails dedication. Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 10 Planned Development: Process and Evaluation—The purpose of a Planned Development is to encourage a more creative, varied and efficient use of the land. Therefore, flexibility from typical zoning standards is acceptable, provided it allows the development to better adapt itself to the area and provides a greater benefit to the community than would development of the site with strict application of zoning standards. A Preliminary Development Plan establishes the uses and performance standards for the development. The building sizes and locations, exterior building finishes,parking, landscaping, roads, trails/sidewalks, signage, lighting, architectural features, etc.,must be developed in accordance with the approved overall plan. The preliminary plans for these elements are reviewed in other parts of this report. What must also be reviewed is the combination and use of these elements to create a unified appearance, or theme, that is consistent with the overall plan and surrounding area. These details must be reviewed and refined as the project progresses to the Final Development Plan stage. Approval of a Final Planned Development will be necessary for each of the lots as they develop. Under NB zoning, the hotel would not typically be allowed, and at least three of the proposed uses (Holiday station, drive-through Class II restaurant, and daycare center)would require a conditional use permit. It is staff's understanding that at this time the Holiday Station is the only definite user for this site. The plan submitted by the developer identifies potential uses for the remaining seven lots. Since the other users remain unknown, the developer has presented a plan that would retain their flexibility, but does not include all the details that ensure benefits to the city in return. Approval of a Preliminary Planned Development would allow the developer to pursue other buyers and tenants for the other lots in this development with some assurance that the development can proceed. However, this site is a highly visible gateway location and as such, the City should ensure that it benefits from this planned development as well. Consequently, more detailed master plans for the entire development site should be submitted prior to final subdivision or any final development plan approval. Phasing and Term —The developer has indicated that this development is expected to begin with the westerly lots and those at the Hwy. 55/149 intersection and proceed to the east. The Holiday Station on Lot 1, Block 2 is expected to be the first building constructed. The phasing shown on the preliminary site plan is conceptual and may change with market demands. Staff suggests a ten-year term for the Preliminary Planned Development. Building Materials/Architectural Design—Building elevations have been submitted for the proposed Holiday Station and conceptual building elevations have been submitted for the front facades of the other buildings in this development. The Holiday is proposed to have face brick with rockface block accents, both in earth tone colors, and a hipped roof with asphalt shingles. The other buildings are also proposed to be face brick in two earthtone colors, but have standing seam metal roofs. The proposed hotel shows a brick exterior on the first floor, with EIFS for the 2"and 3`d stories and a standing seam metal roof. /�0 Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 11 The elevation plans submitted are consistent with the design and materials of other commercial development in Eagan. Because this is a Planned Development, building design, architecture and materials should be consistent and compatible throughout the development. The primary exterior building material should be brick, as shown in the plans submitted by the developer. Consistent roof design (e.g. standing seam metal) and other unifying architectural elements also should be employed throughout the development. The conceptual building elevations do show a consistent architectural style, with peaked parapets above building entrances, accents in contrasting rockface block and EIFS, and decorative awnings. The developer should modify the design of the Holiday to be more consistent with the other buildings presented. Master building elevation plans should also be submitted that show all building elevations, identify what color materials will be used, and specify guidelines for consistency in the style of awnings to be used. Additionally, signage should not be allowed on the awnings. Trash Enclosures—It appears that outside trash storage is being proposed only for the Class II restaurant on Lot 4, Block 1. All trash and recyclable storage areas must be contained within the principal building or within an enclosure attached to the principal building. Enclosures for the outdoor trash and recyclable storage must meet the design standards set forth in the Zoning Code and should be shown on the master site plan. Rooftop Mechanical—The building elevations do not show rooftop mechanical equipment. Any rooftop mechanical equipment should be screened from view from the public right-of-way and adjacent properties. Parkin —Parking for the proposed Holiday station meets typical code requirements for this type of use. The proposed hotel site with 102 parking stalls could support up to 89 rooms. The adequacy of parking on the other lots is difficult to evaluate because the uses and their intensity remains somewhat flexible as presented. For example, two of the lots are identified for restaurant or retail development, which have different parking requirements. Consequently, the intensity of the uses in the final development will be determined by the amount of parking provided. Si a e—The developer is proposing one pylon sign for each lot,plus one area identification pylon at the center of the site. The sign locations have been identified on the site signage plan. All of the pylon signs are 27 feet in height. At 216 square feet, the area identification sign exceeds standard area requirements, 125 square feet. The other pylon signs meet the maximum size allowed by the Sign Code. The proposed hotel site (Lot 3, Block 1) shows a slightly smaller pylon sign (116 square feet). Staff has some concerns about sign "clutter"with this proposal. Greater consideration should be given to shared pylon signs wherever possible. The signage plan should incorporate creative and innovative design elements and uniformity among the signs that define this development as a gateway project and an integrated whole and all signs should comply with City Sign Code �1/ Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 12 requirements. Staff suggests a move away from the typical pylon sign design, perhaps using larger monument type signs similar to those at the Promenade. All freestanding signs must be set back a minimum of 10 feet from all property lines and cross easements for joint signs will be required. Building signage is proposed for the Holiday Station on the north,west and south elevations of the gas canopy, on two sides of the diesel canopy, and on all four sides of the building. The Sign Code allows signage only on the side of a building facing a public street, and the east building signage on the Holiday deviates from this standard. As is the standard Holiday building design, the fascia of the building is a backlit illuminated panel with the Holiday red and blue stripes. The backlit fascia panel and sign is not consistent with the other building elevations shown and consequently, may be inappropriate within this PD. Building signage on the other buildings is shown on a designated sign band area over a brick or EIFS background . Proposed building signage should be shown on the master building elevation plans. Directional signs are proposed at driveway entrances throughout the site. Directional signs should not exceed six square feet in size. Li htin —The Site Lighting Plan shows light level contours within parking lots and circulation areas, and along the proposed public right-of-way within the development. Lighting should be consistent throughout the development. All site lighting should be shielded, directed and diffused so as to prevent the source of light from being directly visible from public rights-of-way and adjacent parcels and so as not to cause glare, particularly to the residential properties to the north and east of the site. Canopy lighting should be recessed so that the light source is not directly visible from the public right-of-way or adjacent properties. Street lighting should be a separate plan from the site lighting and should incorporate decorative light fixtures and standards. The lighting along public rights-of-way will be part of the Final Subdivision, installed by the appropriate electric company at the time of final subdivision. Airport Noise Considerations—The noise policy contours in northern Eagan place the subject property within Noise Zone III. In this noise zone, office, commercial and retail uses would be consistent while day care facilities,being comparable to educational and care facility uses, would be provisional,meaning that they must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular,the building plans,materials and construction of the day care facility building should be such that they will insure an interior sound level of 45 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. SUMMARY/CONCLUSION The developer is proposing a Preliminary Subdivision and Preliminary Planned Development at the southeast corner of Hwy. 55 and Lone Oak Road. To accommodate the full range of uses proposed, a Comprehensive Guide Plan Amendment from NB to CPD is also proposed. Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 13 The eight-lot subdivision should be revised to eliminate the four proposed outlots. Final access design for the development remains unresolved, pending MnDOT's evaluation of traffic generation and movement analysis. The proposed uses include a convenience store/gas station with a car wash, two Class I restaurants, one Class II restaurant, a hotel, a retail center, an office/clinic, and a daycare. Except for the hotel, these uses would be allowed in the NB zoning district as either permitted or conditional uses. The preliminary plans submitted appear consistent with the city's Comprehensive Guide Plan and the findings of the Lone Oak Area Study and Commercial Land Use Study which were both completed a few years ago. The development plans also appear to be consistent with typical zoning code performance standards,with a few deviations. As a Planned Development, unifying elements should be incorporated throughout the development in building design, architecture and materials, landscaping, signage, lighting and other features. To ensure a unified overall development, more detailed master plans should be submitted prior to Final Subdivision or Final Planned Development approvals, which identify specific elements of the development. These master plans should include the following: • Master Site Plan • Master Building Elevation Plans • Master Site Signage Plan • Master Site Landscape Plan • Master Lighting Plan ACTION TO BE CONSIDERED A. To recommend approval or denial of a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to CPD (Commercial Planned Development) for approximately 19 acres at the southeast corner of Lone Oak Road and Hwy. 55 in the NW '/o of Section 12. B. To recommend approval or denial of a Preliminary Subdivision consisting of eight lots and four outlots on approximately 19 acres at the southeast corner of Lone Oak Road and Hwy. 55 in the NW 1/4 of Section 12. 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: A1, B1, B2, B3, B4, Cl, C2, C3, C4, Dl, and El. 2. The property shall be platted. 3. The proposed subdivision shall be revised to eliminate the four outlots and combine them with adjoining parcels or in the case of Outlot B, incorporated with adjoining public right-of-way. Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 14 Landscaping 4. Landscaping on the north sides of Lots 2 and 3, Block 2, shall be revised to include shrubs and evergreen materials to provide better screening. All landscaped areas should have automatic irrigation. 5. The developer is responsible for obtaining any permits from MnDOT to plant within the Hwy. 55 right-of-way. Grading 6. The retaining walls along public streets shall be located at the edge of the public right-of-way a minimum of 10 feet behind the proposed back of curbs. Detailed plans and specifications for the retaining walls shall be provided at time of final subdivision. The developer shall also obtain all necessary construction easements from adjacent properties to construct the retaining walls at time of final subdivision. 7. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City Erosion Control Standards. 8. Where possible, two- to three-foot high landscape berms shall be provided to screen parking areas along public right-of-way. These berms shall be located outside the public right-of-way. Drainaee 9. Pond GP-11 and its pipe outlet to Pond GP-3 shall be constructed with the first phase of this development. Water Quality 10. Water quality mitigation requirements shall be met through on-site ponding. The detention ponds shall meet City standards for detention basin design. Wetlands 11. Wetland mitigation shall be in conformance with the revised wetland mitigation plan received December 31, 1997. Utilities 12. The developer shall extend 16-inch water main to the east edge of the development along Lone Oak Road, in accordance with the City Water Supply and Distribution Plan (1996). Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 15 Streets/Access/Circulation 13. Revisions required by MnDOT to the signal or roadway systems at the Hwy. 55/149 intersection to accommodate this development shall be the responsibility of the developer at their expense. Pedestrian Circulation 14. A sidewalk should be provided along the north side of the proposed public street from Lot 1, Block 2, eastward to the edge of the development to allow pedestrian circulation throughout the entire development, and to provide for a connection with potential future developments to the east and north. Easements/Permits 15. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Tree Preservation 16. The Tree Preservation Plan shall be revised to show how the tree preservation mitigation will be provided. Tree preservation mitigation, if in the form of reforestation, shall be provided in addition to landscape requirements. 17. Tree Protective measures (i.e. 4 foot polyethylene safety netting) shall be installed at the Drip Line or at the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 18. The applicant shall contact the City Forestry Division at least five working days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation 19. This development shall be subject to a cash parks dedication and a cash trails dedication. C. To recommend approval or denial of a Preliminary Planned Development consisting of a gas station/convenience store with a car wash, two Class I restaurants, one Class II restaurant, a hotel, a retail center, an office/clinic, and a daycare center on approximately 19 acres located at the southeast corner of Lone Oak Road and Hwy. 55 in the NW '/4 of Section 12. If approved the following conditions should apply: Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 16 1. A Preliminary Planned Development Agreement shall be executed and shall contain the following plans. The following plans shall be revised and submitted as master development plans prior to final subdivision and final development plan approval. • Preliminary Site Plan • Preliminary Building Elevation Plans • Preliminary Landscape Plan • Preliminary Signage Plan • Preliminary Site Lighting Plan 2. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan Building Elevations 3. Building design, architecture and materials shall be consistent and compatible throughout the development. The developer should modify the design of the Holiday to be more consistent with the other buildings presented. Brick should be the primary material, and common colors and architectural features should be used throughout the development. Master building elevations plans shall show all building elevations and identify what color materials will be used, and specify guidelines for consistency in the style of awnings to be used. Trash Enclosures 4. All trash and recyclable storage areas shall be contained within the principal building or within an enclosures attached to the principal building. Enclosures for the outdoor trash and recyclable storage must meet the design standards set forth in the Zoning Code and shall be shown on the master site plan. Rooftop Mechanical 5. Any rooftop mechanical equipment shall be screened from view from the publi right-of- way and adjacent properties. /�6 Planning Report—Holiday Station Stores, Inc. February 24, 1998 Page 17 Sianaiz 6. Shared pylon signs shall be used wherever possible. The revised master signage plan shall incorporate creative and innovative design elements and uniformity among the signs that define this development as a gateway project and an integrated whole. 7. All signs shall comply with City Sign Code requirements and all freestanding signs shall be set back a minimum of ten feet from all property lines. 8. Cross easement for joint signs shall be provided. 9. Directional signs shall not exceed six square feet in area. Lighting 10. All site lighting should be shielded, directed and diffused so as to prevent the source of light from being directly visible from public rights-of-way and adjacent parcels. Particular attention should be paid to shielding the light from residential properties to the north and east of the site. 11. Canopy lighting should be recessed so that the light source is not directly visible from the public right-of-way or adjacent properties. 12. Street lighting should incorporate decorative light fixtures and standards throughout the development. Airport Noise Considerations 13. The developer shall insure that the building plans,materials and construction of the day care facility building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /;W 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON FINANCIAL OBLIGATION—Oakview Center There are pay-off balances of special assessments totaling $706 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments in the amount of$4,968 on the parcel proposed for platting. This pending assessment is for the upgrade of Lone Oak Road. 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water C/I $5.65/ff 100 ff $ 565 Water Trunk C/I $1,875/Ac 4.53 A 8,494 Water Availability Charge C/I $2,955/Ac 13.33 Ac 39,390 Storm Sewer Trunk C/I .041/sq ft 580,483 sq ft 23.800 Total 7 249 /8O tQ ®� ®'lowA OF SNE III�O Ell ICS oil Zk19 IN Flo oe�o �' •N mmm ■■co �� e1�: :. � raj �� �♦ 1�//�0 ■. ..a � oil b* MP v� RM 0 ��♦♦� ���� :t. . :.. Feet . 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