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09/01/1998 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 1,1998 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) pa A. TREE Planting Program pS B. AQUATIC pool financing V. CONSENT AGENDA (PINK) PI A. PERSONNEL ITEMS B. APPROVE classification of tax forfeited property FeS/C. EXEMPT PERMIT, Osman Shrine Temple to conduct raffles on March 15, June 15, September 15 and December 15, 1999 at 2750 Sibley Memorial Highway P as -D. EXEMPT PERMIT, Duck's Unlimited to conduct a raffle at the Royal Cliff Banquet Facility on September 15, 1998 PiFINAL SUBDIVISION, Royal Oaks Realty, for Royal Oaks F. PROJECT 725, receive final assessment roll/order public hearing (Oak Chase Add. - Street Imp.) pPROJECT 727, receive fal assessment roll/order public hearing (Donnywood Add. Street 3 OH. Imp.) PROJECT 728, receive final assessment roll/order Public Hearing (Evergreen Park Add.- Street Imp.) p30'. PROJECT 729, receive final assessment roll/order public hearing (Wilderness Run 5th & 6th Add. - Street Imp.) p31 J. PROJECT 745 & 746, authorize easement aquisition (Blue Gentian & Blue Water Rd. - Streets and Utilities) p3y1K.,. PROJECT 668, convey easements to Dakota County (Lone Oak Rd. - Co. Road Upgrade) , s. CONTRACT 98-09, approve Change Order #2, Valley View Plateau (Street & Utility Improvements) 3 8 M. PROJECT 96 -CC, amend Development Agreement (Majestic Oaks - Completion Dates) 4,' N. BID PACKAGES 3, 4, and 5, Aquatic Facility 7 O. RECEIVE BIDS and award contract Lawrence/Linde home demolition �ys' P. RECEIVE BIDS and award contract Airliner and Spruce Motels demolition /Q. APPROVE No -Parking Resolution - Lone Oak Road (Neil Armstrong Blvd. to Lone Oak Drive) '/ R. VACATE easements, receive petition/schedule public hearing - Lexington Addition S.1. PROJECT 748, receive petition/authorize feasibility report - Johnny Cake Ridge Road (Streets and Utilities) VI.tt 7:00 - PUBLIC HEARINGS (SALMON) p gv A. PROJECT 692, final assessment hearing (Old Sibley Highway - Street & Sanitary Sewer) / ippB. PROJECT 743, (Towerview Road/Lemay Lake - Utilities) VII. OLD BUSINESS (ORCHID) ?SA. PLANNED DEVELOPMENT AMENDMENT, Duke Realty Investments, to allow a 234,900 square foot office/showroom/warehouse building and VACATE drainage and utility easements on Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition, located on the corner of Silver Bell Road and Kennebec Drive in the SE 1/4 of Section 18 VIII. NEW BUSINESS (TAN) P/o3pliyB.A CONDITIONAL USE PERMIT - JEH/Eagle Supply, Inc., to allow outdoor storage on Lot 15, Block 5, Eagandale Center Industrial Park, located at 1170 Eagan Industrial Road in the SE 1/4 of Section 3 FINAL PLANNED DEVELOPMENT - CSM Properties, of Lot 1, Block 1, Blue Ridge Second Addition for two office showrooms and/or high tech office buildings, located in the southwest corner of Lone Oak Parkway and Lone Oak Drive on the north side of Lone Oak Road in the SW 1/4 of Section 1 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 8/27/98 - 2:45 p.m. Minutes of the Regular City Council Meeting August 18, 1998 page 1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 18, 1998 .•:.:•:•: A regular meeting of the Eagan 00 Council was held on Tuesday, August 18, 1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present wer0 Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, Erstlik Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 044ww.g.lprmigml...V43994..eggpvtAg..:mwmp Councilinember Awada movediOtmoiln*jiliber Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES Of & 5BCIAL MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 migsgwAppwcwwNmpN , ••..::::: PRESENTATION OF POLICE DEPARTMENT 0 • ..:ST:iDING CITIZEN'S COMMENDATION City Administrator Hedges prain overvie: on this item. Police Chief Geagan provided additional information on the Police Depa0-m:ent.94staiiaing Citizen's Commendation and commended Stephanie Smith for her heroic etiiiii-4*:ayinga boy from drowning. Mayor Egan presented Ms. Smith with a plague in i.e.C:eignition of lifesaving efforts. DEPARTMENT READ BUSINESS CLARIFICATION OF ELECTION SIGN POLICY City Administrator Hedges pro4...aniiiiver.*i:this item. He stated that the policy had been inconsistent with the County's mciii:*Siringei;i4$iii loosely enforced policy. •:•:•:•:. Councilmember Awada statedffit the Part and Recreation Department should be aware that the maintenance workers have historicWyr494:4*..cAtm.1190 signs into the weeds if they interfered With mowing; she asked that the depaiiiiiikofliiii.".±:.more reasonably. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a revised City election sign policy. Aye: 5 Nay: 0 GRAND OPENING OF cyjcimplA (SECOND SHEET OF ICE) AND GROUNDOEXIdNd.:014QUATIC FACILITY City Administrator Hedges proViaed an overview this item. He gave a history of past groundbreakings and grand openings t4y.4 stated that the stIff.intended to produce a festive eventwith activities to draw community particip*iirI. He stated .0).*.flia staff kept the costs on this event reasonable and then distributed a drafci0i.****Wi:kili:.:Oent to various members of the Minutes of the Regular City Council Meeting August 18, 1998 page 2 community. He further commented that the Council should consider naming the facility and directed their attention to the suggested names made by the Advisory Parks Commission. Councilmember Masin suggested that the name not include the word "family" because that limits the other demographics to which this;facility may appeal. She further stated that the Parks Commission should deride the name anc}:*dike a recommendation to the Council for approval. Mayor Egan stated that there were two more opportunities before the groundbreaking for Council action to decide on a name. Councilmember WachXer:':0*.k. d;tha te:tktought everyone interested in the public, the commission and on the Council should s�i$siiit iti mEs i t i0i# the Council should consider them and approve one. Councilmember Wachter moved'Councilmember Awada seconded a motion to collect input on names and make a decision at the meeting on August 25, 1998. Mr. Floyd Hiar was present and addressed the Council. He stated that it is inappropriate to hold a joint grand opening/groundbreaking ceremony because the second sheet of ice deserves its own ceremony. He further stated that the cosnLversy surrounding the Aquatic Facility makes a celebration of the groundbreaking inappropriate. He: eminded i0 Council that he had asked for information on what it would cost to bring his family to:tiie facilityid stated that he still did not have an answer. He stated that the community should name the facility:and suggested holding a contest to select the name. Mr. Jeff Gregory of 1322 Deerclif tiaitieWa's' periKatitl addressed the Council. He stated that the second sheet of ice at the Civic Arena should have a grand opening celebration, but that the Aquatic Facility should not have a groundbreaking ceremony at this time. He stated that this event was a city - financed campaign event for Councilmember Awada's campaign for Mayor. Councilmember Awada responded that the City has held groundbreaking campaigns for every new public facility and that she thought the community should be proud of the new facility and;have the opportunity to be part of the celebration. She stated that the combined event saves.on:co ts:and saves staff planning time. She commented that both projects have been support r y t.l ;:community and that the community should be able to be involved in their celebration hte:ezt�tided. izlvitations to Mr. Hiar and Mr. Gregory to attend the event in spite of their opposition'to, the Aquatic:Facility project. •• Mayor Egan stated that he supported Couiiri1n tber,:Awada's comments and added he was disappointed that the two individuals were still so insisteiii:t it:the "so-called" controversy of the Aquatic Facility project. He stated that he has been inundated with calls from supporters of the project and reaffirmed the widespread public support garnered by this project. Councilmember Masin stated that it takes courage for residents to approach the Council and commented that they should not feel chastised for expressing their opinions. Mayor Egan responded that all persons present at a public meeting must be responsible for their comments, including the audience, staff and Counciimembers. Councilmember Blomquist stated:tbafthemost: portant event of the celebration was the grand opening of the second sheet of ice and stated tLiat it should receive top billing on the invitations and in the planning. She further stated that all the groups who were responsible for the installation of the second sheet of ice should be invitee :td involv4 in the grand opening. She stated that the Council should proceed more slowly with choosm .a: %e.artd:h>�ye•f ?n with the process. Mayor Egan stated that the Council could defer the decisioi}: •Dire:dfsit:eit saik*?aiild Recreation Vraa commented that staff and the Parks Commission had considered the groundbreaking an opportune time to unveil a new name. City Administrator Hedges added that the promotional materials could be formulated only after a name decision had been made. Councilmember Blomquist stated that they should work to involve the youth more and restated that the important issue is the opening of the second sheet of ice. Mayor Egan stated that staff should contact the school disti` **1.:. .y:o1ve students of all ages in the process to determine the name for the Aquatic Facilitjy;. PireCtorvof P;t'.k and Recreation Vraa suggested that the Council reveal the name at a future community event. MaWf gan clarified the motion as made by Councilmember Wachter and seconded fty'Councilmember iA.wada to read: to open a public opportunity process to determine a name for the Aquatic Facility to be retti.zied to the Council for consideration at the October 20,1998 Regular Council MO.O.q......c.c•RIM:410 Wachter stated that this process had been intended in his original motion. Minutes of the Regular City Council Meeting August 18, 1998 page 3 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the Grand Opening/Groundbreaking ceremony with the change to include the Grand Opening of the second sheet of ice at the top of the invitations and advertisements. Aye: 5 Nay: 0 In regard to Item C, moved, Councilmember Awada seconded:aoil:toe ......................................... ......................................... 'SENTAGEND ......................................... ......................................... Resignation,:Spud>Y1;� te:l4}seteregpt Commission, Councilmember Masin I�vatteharles Thorkildson to full member of the Solid Waste Abatement Commission. Aye: 5 Nay: 0 In regard to Item G, Reaffirmation of RiverPark Office Center Preliminary Subdivision, Mayor Egan stated that the Council had not seen the terminology "reaffirmation" in any previous actions and asked for assurance that the Council is following all necessary policies with regard to this item. City Attorney Sheldon responded that the tezour ology would essentially re -approve the preliminary subdivision that went through the publi;e:tiiput procgss three years ago. He stated that nothing had changed about preliminary subdivision;soithe teri}iiology allows for re -approval without the extensive public process that has already been coMbleted. Mayor Egan stated that he did not have a problem with the terminology, given the conditions stated by thelCity Attorney and commented that he is interested in seeing this project move forward. In regard to Item J, Contract 98-06, receive Bids/award.contract, Town Centre 100 (Sidewalk), Councilmember Blomquist inquired about which side of the road would have sidewalks installed. Director of Public Works Colbert responded that it would be constructed on both sides of Town Centre Drive except for the portion of sidewalk in front of the Waterford Apartments at which it will be constructed only on the north side of Town Centre Drive. Mayor Egan commented that the bids were, again, considerably higher than the feasibility report and,asle-:for an explanation. Director of Public Works Colbert stated that the cost for the concrete':Btdewa]k was less than anticipated, but the cost to subcut and divide the sand base increased;;as:+ll;asth:;sod restoration unit prices significant increase. He stated that careful contract manager Brit' could reduce the costs of the project. In regard from Item R, Recommendation;:'} i dpi43 elation Commission, comments to congressional delegation, North-South Runway funding;:: tjt:dministrator Hedges stated that the City had received many calls about the noise from the airport's use:of the North-South runway. He said that residents had asked if the City Council was aware of these issues and that he would like to assure the public that the City Council and the staff have been working on these issues for several years, instituting the Airport Relations Commission to work with the airport and other impacted communities. He further stated that a fact sheet detailing the efforts of the City with regard to the airport is available at City Hall and can be obtained by calling and:regaestin�:the.rmation or by coming directly to City Hall and making an inquiry. Mayor Egan; stated:�l}at:t : City: -,if Eagan has been progressive in their efforts to deal with the airport and thatahy were action to prevent the construction of a third parallel runway through a contract witfi'a'term encliiig in the year 2050. A. Personnel Items • Item 1. It was recommended to accept the resignation of joe' Voels, Construction Analyst. Item 2. It was recommended to accept the resignation of Mary Knutson, Clerical Tech III in the Police Department. Minutes of the Regular City Council Meeting August 18, 1998 page 4 Item 5. It was recommended to approve the hiring of Joe Pontrelli as a seasonal part-time skate guard at the Civic Arena. Item 6. It was recommended to approve the hiring of Chelsea Crouch as a seasonal part-time concession stand worker at the Civic Arena. B. Tobacco & Service Station licenses, Oasis Market -1425 Yankee Doodle Road. It was recommended to approve tobacco and service station license$ r:.ths':Oa$, ar'ket located at 1425 Yankee Doodle Road.......••••••••• C. Resignation, Solid Waste Abatement Cofnmission. It was recommended to accept the resignation of James Orcutt from the Solid Waste Abatiiimient Commission and appoint Chuck Thorkildson, the current alternate, as a full member and contact the remaining pool of candidates regarding the alternate position. D. Final Subdivision, Wispark CorporatioQ, for Grand Oak One. It was recommended to approve a Final Subdivision (Grand Oak One) consOng of 2:1,4s and 2 outlots on approximately 31.5 acres located west of TH 149, on the south side of Blus (entian goad in the NE 1/4 of Section 2. E. Approve Ioint Powers Agreement wisii•:MnDOT;'(Hwy. 55 Corridor and Access Management Study). It was recommended to approve a Joint Pow % A$ eertent;w,it 1 MnDOT (Hwy. 55 Access Management Study) and pass a resolution authorizing: tl a lvfa.*:ar d:# tyi irk to execute all related documents. F. Final Subdivision, Mendota Homes, Inc. for Blackhawk Acres 5th Addition. It was recommended to approve a Final Subdivision, Blackhawk Acres 5th Addition, consisting of four lots on .91 acres located east of Robin Lane in the SE 1/4 of Section 17. G. Reaffirmation of RiverPark Office Center Prelimina .:$ttlidivision. It was recommended to reaffirm until June 30, 1999, the September 5, 1995 Preliminary $tib<hvision known as RiverPark Office Center located west of Highway 13 and south of:`1'ay kee:Dood1e::Road. H. Change Order No. 1, Fire Administratiof )Kii:101g. It was recommended to approve Change Order No. 1 for the Fire Administration Building Project•'an .:airtJi ri e the Mayor and City Clerk to execute all related documents. I. Rate Schedule, Civic Arena 1998/99 season. It was recommended to approve the rate schedule for the Civic Arena for the 1998-1999 skating season as follows: $135.00/Hour Prime time 2:00 p.m. - 10:00 p.m. weekdays $105.00/Hour Manager is allowed some flexibat !:iii•p iOng:for.01teiided contracts in off-season J. Contract 98-06, receive bids/award contract Tosii.Centre 100 (Sidewalk). It was recommended to receive bids for Contract 98-06 (Town Centre 100 Ad.aition - Sidewalk Improvements), award the contract to Ron Kassa Construction, for:t'}te.$ase: ..::i :tl!te. t .9unt of $91,632.75, and authorize the Mayor and City Clerk to execute all rela2eif:eii:::: K. Project 747, receive feasibility report/order public hearing (TH 149 & TH 55/Oakview Center - Street/Signalization Improvements). It was recommended to receive the feasibility report for Project 747 (TH 149 and TH 55/Oakview Center - Street/Signalization Improvements) and schedule a public hearing to be held on September 14, 1998. • L. Vacation of drainage and utility ease>i*?ts, receive peEiti j/schedule public hearing (Eagandale Corporate Center 1st Add.). It was recoiiiMended to receive:tiie petition to vacate drainage and utility easements, and schedule a public hearitwo be held on Septetber 14, 1998. M. Contract 95-07, approve final paymeii aii##i i i 'iiia itenance (Nicols Rd. - Street Improvement). It was recommended td'appr8ve•tiie'4h. id•:fiiial payment for Contract 95-07 (Nicols Minutes of the Regular City Council Meeting August 18, 1998 page 5 Road - Street Improvements) in the amount of $14,100 to Valley Paving, Inc., and authorize perpetual City maintenance subject to execution of the Release of Claim Form. N. Project 720, receive final assessment roll/order public hearing (Eagan Business Commons - Streets and Utilities). It was recommended to reei;ve the Final Assessment Roll for Project 720 (Eagan Business Commons - Stret and Utilities) and schedule. a public hearing to be held on September 14, 1998. O. Approve a resolution delegating autligkity:t¢ pay V•�n administrative official and approve related internal accounting and administtiaiiveiitso:}teeifises related to claims and payments. It was recommended to approve a resolutiondelegating authority to pay claims to an administrative official and approve related internal accing and administrative control procedures related to claims payments. P. Approve list of additional election judges for the Primary Election on September 15, 1998. It was recommended to approve the list of additional election judges for the Primary Election on September 15, 1998 as attached in Exhibit A. Q. Recommendation, Airport Relations.C+timmissi Third Parallel Runway contract position. It was recommended to approve a recommendption by tle::Airport Relations Commission concerning the City's position with respect to a Third Parallel Runway contract. ei R. Recommendation, Airport Relations toii inissioii;;et�ia miJ to congressional delegation, North- South Runway funding. It was recommended to approve a recommendation by the Airport Relations Commission to submit comments to the state's Congressional Delegation concerning federal funding for the North-South Runway as presented. S. Vacation of drainage and utility easements, receive petition/'schedule public hearing (Wescott Gardens). It was recommended to receive the petitiQz:to;?aafie a drainage and utility easement for Lot 3, Block 3 Wescott Gardens, and schedule a.public l 4riilg.to be held on September 14, 1998. T. Vacation of drainage and utility easeiiientsf receive petition/schedule public hearing (Hilltop Estates). It was recommended to receive t1e:ptjbOn..to vacate drainage and utility easements, and schedule a public hearing to be held on Septembi.:1:4 :1 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS ....................:.............................. ................................................... ISSUANCE OF REVENUE BOs) y. THS:_CTT:OF MINNEAPOLIS AND THE HOUSING AND REDEVELOPS?t;N'I`'.A1THORI'tY'OF THE CITY OF ST. PAUL FOR AZ;liNA HEVAH SYSTEM City Administrator Hedges pn4ifiaed an ciii*view on this item. He stated that Allina Health System is requesting that the bonds be ie :0; ii'af:i5:t O:ilth new debt issued through the City of Minneapolis and the Housing and Redd$lfipiiierit'Iiiiosltj*'of the City of St. Paul. He clarified for the audience and the public that the decision to be made by the Council does not affect property taxes and has no impact on any individual residents. Minutes of the Regular City Council Meeting August 18, 1998 page 6 PROJECT 745, BLUE GENTIAN RD. - STREETS AND UTILITIES AND PROJECT 746, BLUE WATER ROAD - STREETS AND UTILITIES City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He stated thAt:#hese are two separate projects that are closely related and could be discussed jointly. He introduced:Mr. Jim Dvorak of SRF Consulting Group, Inc. Mr. Dvorak stated that Blue Gentli?I iad vil#. a'ii 3ghborhood collector street, integral to the City's transportation plan. He reviewed die icijii i eiiietiks fi43ie constructed, the related costs, the distribution of the assessments and the tiwceline for completion of the project. Mayor Egan asked if any residenits'would be assessed for these improvements. Director of Public Works Colbert informed the Council and the audience that the residents' properties would be appraised to determine if there had been any benefit and assessed accordingly. He opened the public hearing to anyone wishing to speak. Ms. Marilyn Sanford of 1020 Blue :Gentian nad was present -and addressed the Council. She presented the homeowner's petition ands. ted that he had been working with the Department of Natural Resources to discuss the ecologic1 effects af;the potential buildings in the area. She encouraged the Councilmembers to drive down the e' fisting B1tie:Gentian Road to completely understand the issues and concerns of the residents. Mrs. Julie Chapple of 988 Blue Gentian Road was present and addressed the Council. She stated that the proposed realignment of Blue Gentian Road would go•directly through her backyard, significantly bisecting the property. She expressed concern that no one from the City had formally approached her about this potential disruption to her property and that this was the first map she'd seen with the road going through her property. Director of Public.Works Colbert pointed out the Chapple's property and stated that the engineers had been directd:toi:ci:tinect Blue Gentian to Bluewater in the best possible way. He stated that the meetiugs:f0:01t e: Qads and their construction/realignment began very early in the process; he furtherst4td'that theCity had inquired if the three impacted property -owners would be interested iri''selling:the property. He reported that two of the three property owners had expressed an interest in retaining:t 3ii':pretperty, thereby causing staff to consider realigning Blue Gentian Road to the south of the impacted.piop *rbE8. He stated that the proposed alignment is not final at this point and that it can be modified as the process:coiitinues. Mrs. Chapple stated that the design changes should be done prior to approval by the Council and inquired about the expected levels of truck traffic on the new Blue Gentian Road. Director of Public Works Colbert stated that there would be increased truck traffic. Mrs. Chapple lamented the lack of public information on this project to this point. Director of Public Works Colbert stated that staff held at least four meetings with residents and stated that any discussion of detailed plans would have been premature due to uncertainty about whether or not the project would proceed.:::Pvk: Egan:aSktii:xf the project was on a fast-track to be completed this season and how that timthaimie'•co4$d:1 e::i ii }hied to allow for modifications. Director of Public Works Colbert stated that the sect is riQt:oii a fast track and that staff is looking for direction from the Council on how to proceed. l- a identified •thee challenging task of balancing the needs of residents with the needs of economic dei islopment *:.He reaffirmed that the proposed alignment was the best solution from the staff's perspective;:.:.:;:: :::.:::.:.::::::: ::::::::::•:::::;:;:::::. Councilmember Blomquist expressed concern about the potential assessments to the residents because she thought there would be no beneficial impact to their properties. She stated that she is bothered by the pending action of the Council and considered the proposal rude to the current residents on Blue Gentian Road. Director of Public Works Colbert stated that the current Blue Gentian Road could have been upgraded, but it would have;1 *:ii: •i siderable challenge and have extensive negative impacts on the Blue Gentian properties. tff:*tafedfitat:thy had approached this project with the intent to minimize the impact to the residents..;Ciuncilmember'Blifpquist stated that the minimal impact - would be to keep the new road off their'1aid. Mr. Greg Miller of the WisparkC,rp9ration,.was.pr sent and addressed the Council. He stated that he had been in meetings about this gii i s3 .4i.t; i tt as met with MnDOT and SRF Consulting to study intensely and prudently the chaiigk.iii.be'ii4ae'td'ilie business park area. He stated that the Minutes of the Regular City Council Meeting August 18, 1998 page 7 proposal is consistent with the land use designation made by the city over ten years ago. He strongly urged approval of the project by the City Council. Mayor Egan stated that he understood the position of Mr. Miller, but reaffirmed the importance of hearing the public's concerns at the only public meeting to be held for this purpose. Mr. Mary Eggum of 15708 Judicial::oad in Burnsville was present and addressed the Council. He stated that he had purchased land in the future business park back in 1982. He stated that his 2 -acre parcel had been taxed for 16 years and tate:fi* l4f4:.;asse$*tents on the property as well. He stated that the costs of owning this land over the ears'':stderagedaiiiiiiiid $7,400 to $8,600 per year with no structure on the property. He stated that* was prepared to obtain legal counsel when the City Council takes away his frontage on the current HfioGentian Road through the proposed realignment. He stated that the proposal landlocks his property:'•fle further stated that the assessments didn't make sense. Councilmember Blomquist asked if he would benefit. Mr. Eggum said he would not benefit from paying assessments. Mr. Eggum stated that it was time to develop the entire area as a TIF district. He also stated that he did not understand the agricultural zoning in the area. He commented that recently airplanes had been dumping fuel on the:properties. Mayor Egan stated that his comments were straying •from the focus of the public hearing. hit.i ggum concluded his comments by stating that the assessments were unjust. Councilmembei':Wacht(t*sponded to Mr. Eggum's question about the agricultural zoning by stating that it ha4:been used:fbr traditional agricultural purposes at one time, but that the Council had hoped the residents'would be'willing to sell so the entire area could be zoned for a business park. Mayor Egan reminded the:a%i h c :. t:ly,*:Marilyn Sanford had asked the Council to be responsible in 'whatever choices :::::::::::::: Mr. Steve Chapple of 988 Blue Gentian Road was present and addressed the Council. He stated that he had been to all the neighborhood and/or public meetings, but that this map was the first he'd seen that went through his property. He stated that he would have appreciated direct contact from the City. Mayor Egan stated that this had been discussed in concept at several meetings. Mr. Chapple stated that he would be willing to sell at the right price. but::th the process seems backwards because the modifications to the project come after �jt.is:*ppr0.iO4 :'Councilmember Awada stated that the decision whether or not to proceed witlgli.ti:pri ject cou :not be decided based on how much he would like to receive for his impacted land, but that, the' whole:toad, the entire area and the greater City of Eagan must be considered as well. Mrs. Barb Nord of Blue Gentian Road was preseiit: id:addressed the Council. She discussed numerous concerns with the feasibility report for the project due to the lack of attention to the residents in the area, pointing out instances in which they were excluded from the report because it was assumed that they would no longer be present by 2003. She opposed the assessments, the project, the realignment, and the general development policies of the City. Ms. Kim Imre of Imre Developmez+l;: :1..MI c9a... was present and addressed the Council. She stated that she is in favor of the devvi&pn ent, p fk r:ui# the roads and expressed empathy for the impacted residents. She further stated* she loiyks:r'orward to being part of a great business park. Mr. Don Bussing, owner of pai'2117, was:sent and addressed the Council. He stated that he supports the comments made by Mr. E Dian:;..l'je:¢taLe4 tb$.after the corner of his property is removed, his assessment equates to over $2 per sttuaYe:ftiie't::i ii2ttyj Mr. Ray Nutzmann of 1027 Blue Gentian Road was present and addressed the Council. He stated that nothing had ever been done by the City for the Blue Gentian neighborhood. He further stated that developers get whatever they request from the City. He commented that the neighborhood would not benefit at all from this project arjd:?u#ditj he assessed. Ms. Patricia Pavlik of 990 Blue Gentian Road was'present and addressed the Council. She stated that the proposed alignment would go over a small corner of:her property and asked the Council to request that as little impact as possible: e:rnade to her propeftty. Ms. Kay Hanson of 1000 Blue and addressed the Council. She stated that she thought the staff did a good joli'liaiidfiiig'tltis'p'r'djett:''She asked if it would be possible to defer Minutes of the Regular City Council Meeting August 18, 1998 page 8 the assessments until the properties are sold. Mayor Egan stated that it was still possible to negotiate an agreement about the assessments in the future when the.assessment hearing is held. Mr. Greg Herrmann of 1011 Blue Gentian Road was present and addressed the Council. He stated that he had approached City Planmt.g when he was considering purchasing his property and was informed that the development was pencliiig while the City observed the success of the business park down the hill. He inquired why he wouldhave received that information if the area had been intended for development since 1984. He further 03,9irec wh.y:: e: a.would continue to be sold as residential property given the intended development:::;Moy i• g8xistat that the decision would not be made based on any report that states the residents will be gone.by 2003 and that it was not the intent of the City Council to remove the residents fr Jii eir property. Mr. Herrmann stated that the residents were entirely exduded from the feasibility repot€, assuming they would not be in the area. Councilmember Awada stated that no one had thought the area would develop as quickly as it did and that those properties would become very valuable in the future. Mr. Herrmann restated that the neighbors were not included in the report. Councilmember Awada stated that the decision about whether or not they would still reside on Blue Gentian could only be made by the residents. There being no one else wishing4'speak, Meyor Egan turned the discussion back to the Council. Councilmember Masin stated th4.thus:•i ue.regmured.more discussion. She commented that she thought the process had been better and:that;€hei•B:was mtii :4eement. Councilmember Awada stated that there would never be full agreement and that tiie issue to Concentrate on is the proposed road alignment. She stated that she is in favor of the project, but curious about the assessments. Mayor Egan stated that the City expects this area to be a high quality, high profile business park. He stated that the City is in a particular situation with the residents, but believes their properties will benefit from the business park, making their property values significantly higher in the future. He stated that the neighborhood and the business park could be compatible:.w th. ome effort by all affected parties. He recommended a deferral of the assessments on •those: pr pinrties until the land classification changes and the land becomes part of the business park:::: au cilmmie> ber Wachter stated that the residents would make the decision about whether or no(4o'1e11 their home's, not the City Council. He further stated that the residents should expect a zoning chang :He:alsp stated that the neighbors would benefit from having the roadway behind them and down the': hili:b*attse.it will suppress the noise. Councilmember Blomquist stated that she was glad the Council was disci s itig; deferral as an option for the residents' assessments. She stated that the deferral discussion would•be•iaised again at the time of the final assessment hearing. She expressed concern for the Chapples and their property and stated that their issues must be worked out satisfactorily. She inquired about what the new name of the road wov:d be. Director of Public Works Colbert stated that it would be similar to the name change for the new Wescott Woodlands, wherein the neighbors would decide on a name and it would be transitioned for two years. Councilmember Awada moved,:ci •k:$loiimquist seconded a motion to close the public hearing and approve Project 745•Mie Gentkkii Road - Streets & Utilities) and authorize the preparation of detailed plans and specifications, pi'oViding for an assessment deferral until land classification change and redevelopmer►f:occur. Ayg:: 5 Nay: 0 Councilmember Awada moved iyo2; *1 aii:e*§c, ded a motion to close the public hearing and approve Project 746 (Blue Water Road -.Streets & Utilities)'•aiid authorize the preparation of detailed plans and specifications, providing for an assessment deferral until land classification change and redevelopment occur. Aye: 5 Nay: 0 • PROJECT 688,:f 041;:•0at$ MENT HEARING (EAGANDALE COPROR4T'E CENTER'= TREE I S AND UTILITIES) City Administrator Hedges pr©*ded an overview cp.:this item. He stated that this item would be continued until the September 14 Re il'ar City Councij •eating. He reminded the Council and the Public that the second September mee • •1} •#d: rc s?londay, September 14, 1998 due to the primary election on September 15. Minutes of the Regular City Council Meeting August 18, 1998 page 9 Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the public hearing to September 14,1998 for Project 688 (Eagandale Corporate Center - Streets and Utilities). Aye: 5 Nay: 0 Councilmember Blomquist alert:the Council that they should at least hold the public hearing for this project since it had been scheduled and published. There was no one present to speak. PROJECT 673R, FINAL Aii$; ¢:04E* TG, TH 3/RED PINE LANE STREETS AND UTILTTTES City Administrator Hedges provided an overview on this item. Mr. John Bannigan of Bannigan and Kelly, PA, served formal objections on behalf of the Jim Oberg and the Finch family. He stated that the Finches had lost 2.03 acres of land in the course of the project and that a jury had awarded $72}!000 in damages. He suggested the Council request counsel from the City Attorney. He stated that tbe:road component of the proposed assessment did not benefit the Finch property and asked that those :urges b:'s'iiruck from the Finch's assessment. He stated that the Finches could not afford the additioiiia#:$25,004iaddition to their taxes and stated that they may have to forfeit their mortgage or risk foiedosure, coiisequently losing their home and Mr. Finch's place of business. He began his comments about..kti Q erg;} pt.erty.by stating that an interested purchaser of a 1 -acre parcel of the Oberg property wii :ik sitg::t4.tsay'.:a0p mately $1 per square foot. He stated that the purchaser lost interest due to indecision by the City regarding the area. He stated that at the time of the interested purchaser, Mr. Oberg could have added sewer, water and storm sewer for about $.38 per square foot, raising the value of his property to approximately $1.42 per square foot. Mr. Bannigan stated that since the assessments, the assessments bring the cost of the property up to $1.77 per square foot, but that the property could not be sold at sucha high price compared to the $1.55 valuation of the neighboring business park propertydevel0p*nt in Rosemount. He advised the Council to reconsider this special assessment in:40.4 of facing the legal fees associated with an assessment appeal. Mayor Egan commented that he didfi''t receU an assessment in excess of $165,000 against a husband and wife. He asked for comment from' City.At orney. Sheldon. City Attorney Sheldon stated that Mr. Bannigan was referring to the first action takenl>yA ie; City Council by acquiring the Finch property for the necessary easements and right-of-ways and stated that the jury found that their remaining land suffered severance damage. He further stated that such devaluation is common with public projects. He addressed the 444 connection fees and stated that their use is available, but rarely used. He stated that the decision to use or not use that provision in the City Code was at the discretion of the Council. Mayor Egan asked if it was likely the City could collect the $165,000 from this assessment. City Attorney Sheldon respgniiec th t the.Gou ii could determine that the value of the property, had increased by $165,000 by r**Fiii4+:1i.if.:0‘iiii6V:6iiients or that the potential exists that a developer may come in and wish to deve3 rp the pt:ti, ierty and could pay a portion of the assessments as part of the development agreement. He reminded the Coundl•that 444 applies only to water, storm and sanitary sewer charges and that the strassessat tt's must be paid now. Mr. Mike Frattalone of 4784 Soiiifi:Rols rt:'f`ia;T 4 : sent and addressed the Council. He served them with his formal, written objection and then stated that his private water and septic systems were suitable to his needs and that he did not consider himself a beneficiary of the project. He further stated that the City's runoff had been draining into his pond since 1%9 and couldn't understand the assessment for the addition of water and sewer system. Mr. Mike McCann of 4450 South lit'TYaif Ys resent and addressed the Council. He stated that he represented the Morotzkes who :oti iWthe parcel sou h of the Gun Club Road. He stated that the property owners do not benefit to the degree of the assessre4iit. There being no one else to spea#E :Mayor Egan.zeturr 0:4 the discussion to the Council. Councilmember Awada asked how the;C te:;w» u13i riiige;ta:have the assessments paid at the time of development. City Attorney Sheldon r25isofuleii•'t. iattli.'Cif 'would arrange an agreement with the Minutes of the Regular City Council Meeting August 18, 1998 page 10 property owners to memorialize the assessments. Councilmember Blomquist stated that memorializing the assessment values does not address whether or not the properties benefit from the improvements. Mayor Egan stated that he was not confident that the City would be able to prove benefit to all the properties and was skeptical of an assessment appeal in the City's favor. He inquired if the City had to determine how to handle the assessments::*: this meeting. City Attorney Sheldon stated that they could act on any part of. the assessments at any:ttne. Councilmember Masin said that it has been painful to watch these residents deal with enormous'asessments and changes in lifestyle because of the project and stated that the City should accommo04e:t1 m in;a .y way.. ible. Councilmember Awada stated that the Council should approve all the as:SBssine kts:e 0*:4•0:..: a controversial ones and research additional information to make a future decision. She further stated that she was interested in arrangements to defer assessments until*; time of development and also that she was interested in staying out of court. Mayor Egan suggest%d approving the assessments for all properties other than the ones on which the City has received written objections and continue the decision on those assessments for 30 days. Councilmember Blomquist reiterated that the assessments were a tremendous amount to some and not inexpensive to others. She stated that they all deserved to know that the Council considers the assessments to the property, owners unreasonable. Councilmember Awada stated that she would not support such a statement. ShB:Ijirther stated that the projects do benefit both developers and residents and that the burden of these projects coul4:not be borne by the taxpayers of Eagan, but should be paid by those who benefit. She statectiliat the ai55Qssment amounts would be recovered at the time of development. Councilmember Blomquist:stated tliiat::the residents were forced to allow their property to be developed because the assessments::are:mat::gfordable,:..Mayor Egan stated that all development comes from economic pressures and suggested; conn nation fo :60 days on the properties expressing written objections. Mayor Egan moved, Councilmember Awada seconded a motion to approve the final assessment roll for submission and certification to the County, continuing approval of the final assessment for the properties with expressed written objection until the Regular Council Meeting on October 20, 1998. Aye:4 Nay: 1 (Blomquist opposes) J aLD BUSIN1 SS CONTRACT 98-22, RECEIVE BIDS/AiiiARDt.OppliTRACT, JUBILATION ADDITION (TRUNK UTILi 'I : City Administrator Hedges provided an overview on this item. Director of Public Works Colbert stated that the developer has requested the City to reject the bids and look at other design options to reduce the cost. Councilmember Awada moved, p i ics Member..Meksiii seconded a motion to reject the bids for Contract 98-22 Uubilation Addition -Trunk tilit7es):ai d:i sie t staff to revise the plans for rebidding at a future date. Aye: 5 Nay: 0 .... .................................... ::..::::... PRELIMINARY SUED :iiib'T: :{S ERMEVELOPMENT LTD. (LEXINGTON POINTE THIRTEENTH ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mr. Don Johnson of 1025 Diffley lRo d wasaddressed the Council. He stated that he objects to the proposed development i,eGiuse it is incompatible with the adjacent uses, including the church to the north. He stated concern that there had been i fftirts to accommodate the neighbors to the south of the development, but that his giro'perry to the north KO not been considered. He suggested relocating the signage to the west to incru;:as.little.i p Gt:as.possible to the northern and southern neighbors. Minutes of the Regular City Council Meeting August 18, 1998 page 11 Ms. Karyn Entzin of 977 Trillium Court was present and addressed the Council. She stated that she was present as a representative of the signatures on the submitted petition. Mayor Egan commented that the suggested uses for Outlot A seemed reasonable.' He stated that the consideration of the land uses of Outlot A is not specifically up for consideration at this time and asked Senior Planner Ridley for clarification. Senior Ridley stated that the.Council had the authority to address all components of the subdivision up for consideration and coii1cl::certainly address any safety issues or landscaping issues pertaining to the future development of i iii t A.. Mayor Egan stated that the Council should impose reasonable regulations at this time on the., pxpperty...gstablish, the standard for developing the area in the future. He further stated that the Citys` ititil4:provie14:the neighbors with a reasonable expectation about the future of Outlot A. Ms. Entzon stated'tiiaf tfire'i eigli1 rs have been very pleased with how the Semper Development has progressed aria #at the neighbors recommend that the amendments recommended by the Advisory Planningommission be approved, particularly with regards to safety issues. She requested that the vacated area of Outlot A remain as it is and keep a strong separation from R -I residential and Commercial properties. Councilmember Blomquist inquired about the plans for Outlot A and asked if there would be any trucks coming through that area. Senior Planner Ridley responded that the intention is that the service delivery road would be removed entirely, but that there may be service delivery through the bacic'if futuredevelopments, but the traffic will not be directed there exclusively as had previously been tanned. §uncilmember Blomquist stated the safety issues pertaining to truck delivery through the ghborluogi l and commented on the headlights shining in resident's homes late at night. She furtlie stated tit this would be included in the Comprehensive Guide Plan. Senior Planner Ridley stated tat.the..subcommittee reaffirmed their previous decision to change the land use from commercial plied:'devetoptxi'e ii *:i!etail commercial. He stated that the zoning would remain PD and the existing p#ant ed•develcipirieiit would stay in effect. Councilmember Awada complimented Senior Planner Ridley on a job well done. Councilmember Masin stated that she was glad staff and the neighbors had been working together. She further stated that the Walgreen's didn't seem like much of an improvement after the continual problems the City has had with this location. Councilmember Blomquist stated that she would like.to see staff work on the entire area around Lexington-Diffley with safety and separation of land::tises in mind. Mr. John Kohler, the architect whp:)Fl .. Iii:ttie:Walgreen's, was present and addressed the Council. He stated that they would like::tt set'the standard for future landscaping in the area and make the City's job a bit easier when the next development arises. Mr. Chris Daniels of 4225 Daniel Drive was pre ent i'id addressed the Council. He stated that he has requested the land be designated for Light Business'aiiid::asked how they could move forward with that request. City Administrator Hedges commented that this area would be targeted in the Comprehensive Guide Plan Update process. Senior Planner Ridley stated that the current land designation is planned development and that the subcommittee recommended that the land use change to Retail/Commercial, which is riot a significant change. Mayor Egan asked how the change would affect the density of future planned developrerfts. Councilmember Blomquist stated that maybe they should consider blending lower -density us to:the `t� :;:;She further stated that the Walgreen's facility would be a heavy use and adjacent iglit-u 6.:faniiities.would complement the neighborhood. Senior Planner Ridley commented that general offfp::tise is permitted according to the current zoning. City Administrator Hedges suggested that; staff prnaare a memo stating when the PD was originally agreed upon, when it expires and the po€ential re1Medies to the neighbors' concerns. Councilmember Awada moved; Coin aliiie'iiibe'i.:Warhter seconded a motion to contact the developer about the Planned Development to discuss a renegotiated Planned Development for the entire area. Aye: 5 Nay: 0 Councilmember Wachter moved, CounCber Awada seconded a motion to approve the applicant's request for a Preliminary Subdi.Y3S0:0n Pointe 13th Addition) consisting of one 2.5 acre lot and a 10.8 acre outlot currently ptatted'as Outloi:A::j:,exington Pointe 8th Addition located in the northwest 1/4 of Section 26, subject to thf:41.lowing condition$;: Minutes of the Regular City Council Meeting August 18, 1998 page 12 Bl, B3, B4, Cl, C2, C4, D1, and El 2. The property shall be platted. 3. The development meet water quality mitigation requirements through payment of a .•.•..•. cash dedication. 4. The easement along the 5*.1:44* 0:0f:c*tk::.;:??1.::shall be vacated at the time of Council action on the Final 5. Existing drainage and u!i4y easements on the site over public utilities shall be maintained by this development. 6. The Developer shall obtain all necessary Dakota County permits for the proposed access and utility work within Diffley Road and Lexington Avenue rights-of-way prior to final subdivision approval. 7. A private access easemii.it:.shall be::.sjtablished over the "frontage road r to be constructed withirrOua*A. The i0Oment document shall be submitted for review and approval by the Citk:Attorney:::::: 8. This proposal shall be siitikti:Wii:e' '.:iiiiiii4dedication and a cash trails dedication. 9. A barricade shall be placed at the southern edge of the easterly access to Outlot A from Diffley Road. Aye: 5 Nay: 0 Councilmember Wachter moved, C9343.10,Mit0.0.:AWadas seconded a motion to approve a Final Planned Development to allow the:e0.0iiia'iiiii.Of:4:...13,905 square foot Walgreens Drug Store (with drive -up window) upon proposed1dC1, Block 1 Lexington Pointe 13th Addition subject to the following conditions: • 1. The City shall approve the Lexington Piiiiiii§i:Pcirteenth Addition Final Subdivision. 2. Pavement directional signage shall be provided to delineate the drive-through lanes and intended traffic routes. 3. The curb barrier proximate to the southeast corner of the drug store shall be extended approximately 20 feet to tiv...4.4:ttp impr!,?..Ke.:•yisibility for exiting drive-through patrons. 4. Off-street parking stallsWall be iiiixeased from nine to ten feet in width. 5. The site plan shall be ni4fied to t.l.ti0trate proposed light standard locations. 6. The submitted building:0;e*atiEiiiii:'40111ised to accurately specify a building height of 29 feet. 7. The berm to be installed along the Walgreen's site shall be planted with wildflowers. 8. Building signs shall be limi!ef314.+W.4i:L. and west sides of the building. 9. The pylon sign for the pOtirty shall be at elevation lower than the building. 10. The lighting shall be restricted to .5 CF along:03e edge of the Walgreen's site. .... 11. Planting shall be placed the ''''.:414.4......located on the Walgreen's site. Minutes of the Regular City Council Meeting August 18, 1998 page 13 Aye: 5 Nay: 0 REZONING - JAMES S. NOREEN PRELIMINARY SUBDIVISION& VARIANCE (NOREEN ADDITION) • • ::::•:•:. City Administrator Hedges pro*111 an overview on this item. He stated that the Advisory Planning Commission recommended approval of the project. Senior Planner Ridley gave a staff report. He noted that the applicant was oppOseell#,*0#0044019!kpinst his property. Mr. James Noreen was present a4 addressed the Council. He stated that the staff did a great job with his request and he has enjoyed*frking with them. He expressed concern about the financial obligations incurred by this subdivisiod':fie stated that when they purchased the property they were told there were no pending or outstanding assessments. He stated that there should be no charge to his Lot #2 because that contains his current home and there would be no increased usage for which to be assessed. He further stated that there should be no road assessments to his Lot #3 because it does not benefit from the improvements. He contested the $16,000 connection charge for the storm sewer. .Mayor Egan stated that the City has no cili•lgationy.i.:prove benefit with the connection charges because those charges are within its jurisdiction Mr Norei*directed the Council's attention to his claim that there would be no increased use. Direct:of PubrOVorks Colbert stated that undue emphasis was being placed on the word "increased." t -k furthert:tited that the assessment could be deferred until the time that the land is developed to a higr.-41"Oq`.7i:iglcember Awada stated that everyone pays the charges to be connected to the twOzii*.tiii:1:0*.!Pf.ti*ection charge is a consequence of choosing to become part of the developed portion of Eagan. Mr. Noreen accused the Council of trying to collect from him what they were unable to collect from the previous owner. Councilmember Awada stated that everyone pays for their improvement projects and for the benefits to their properties and this subdivision would benefit Mr. Noreen with two additional lots. Councilmember Wachter stated that everyone has costs, including developers and cities both, and.that developers are typically able to redaim the amount of the assessment at the time of sale:.::4ayi5r Egan stated that he saw no reason in this case to deviate from the policy because thp:000.040fii.tO.Mr. Noreen's property is reasonable. Councilmember Masin asked if the City':0:f0:4.4emtended as revenue sources. Councilmember Awada responded that the fees pay for;tlin.st,all ationii:i.t:the systems and are not revenue sources. Mr. Noreen questioned whether the Council ha:4:.104:1 area change in similar situations. The Council was unaware of such a situation. Councilmember Wachter moved, Councilmember Ada seconded a motion to approve a Rezoning of approximately 6.4 acres from A (Agricultural) to R-1 (Single Family) located north of Cliff Road and east of Lexington Avenue, in the SW 1/4 of Section 26. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision entitled the "Norp.Pn:.:Addition'.'...1c..c.a.ted north of Cliff Road and east of ............ ..... Lexington Avenue, in the SW 1/4 of Secti.046:ki140:*.itie:Nfowing conditions: •...•...•.• 1. The Developer shall coiiy with 1ee standard conditions of plat approval as adopted by Council on Februark:::3:;:1993: Bl, B2, ff4, C1 aM . . 2. The property shall be platted. 3. The proposed private driveway easement shall be expanded to include a 100 foot wide turnaround at its northern tg.p.!***:::•:•... 4. A minimum building setf.4.4' of 55 feet.ii*:be maintained from the shared lot line of ......... .....:....: Lots 1 and 3. *-:•:•:•: ::::::•:. ..... 5. The applicant shall cofi0:4er the placeme.r4.60.)omes in locations that are conducive to future resubdivision oiVijitifti*Ojr.:;:..:::::::.::.::::.*::::: *::::*::::::::•:•:•:•:•:•:•:::::•:::::::::::::::.::::*i:'::i Minutes of the Regular City Council Meeting August 18, 1998 page 14 6. The applicant shall demonstrate to the satisfaction of the City that the property" existing sewage treatment system complies with the applicable standards of Chapter 7080. 7. A "dear zone" of not less than 20 feet in width and thirteen feet and six inches in height shall be provided upon tsubdivision's private driveway for emergency vehicle access. Conformance w0:this requirement and notification to future property owners shall be assured through the exe ttipn.of a document which shall be recorded against the property. • 8. The development meet its:;eater quality requirements through payment of a cash dedication in lieu of on-S00iTonding. The amount of the cash dedication shall be based on the area and development intensity of the two new lots that will be created. 9. Filling or draining of wetlands on the site shall be prohibited. 10. A variance to the minimusp lot requirements within the shoreland overlay district of Holland Lake be granted:ft r Lot 11. Private ingress/egress easement documents for the shared driveway access to Lots 1, 2 and 3 shall be submitted for review'aind approval by the City Attorney's office prior to Council action on the Filial::Sii kiwi ioit :Tli :Developer shall record the private ingress/egress easementith•tl'ie:plat: }:.:::::::-::::>:::: 12. This proposal shall be subject to a cash parks dedication and cash trails dedication. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, CHAPTp.:S c.+:PAWNBROKER REGULATIONS City Administrator Hedges proOdaiin'overvie.i . on this item. He stated that this ordinance would require the use of an Automated'Paw.n:SSystem that would increase the Police department's ability to track for stolen goods. Councilmember Blomquist moved, Councilmember W.achter seconded a motion to approve an ordinance amendment to Chapter Six of the City Code regarding pawnbroker licensing. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA PROPERTY ACQUISITION PROPOSAL REQUEST City Administrator Hedges gave.:a i'overvie ;+:on t ie item. He informed the Council that Mr. Grant's request had gone before the APit: the previoc s evening and that both Mr. Don Grant and Mr. Lee Markell of the Parks Commission were present.;, ' Mr. Don Grant of 1275 Towerview:l"1,o4d'as:• esiit: d addressed the Council. He presented pictures of his property to the Council and.detailed ilie'k y'components of his property. He stated that the City's acquisition of his property would give the City an easement to the lake. Mr. Lee Markell of the Advisory Parks Commission was present and addressed the Council. He stated that the opportunity to acquire lakefroi :pppm. y;is rare and that the acquisition of this property would nearly triple the amount of lakeshos:0A4-34ayA4e in Moonshine Park. He further stated that the fishing station was expected to do wer.i :.Y e• outlined weral options for increased uses of the park if the City close- to acquire Mr. Grant's profierty. He stated if** has been a continued goal of the Parks Commission to acquire additional lakefroz►t property and that the transaction could be comfortably made within their available funds. Minutes of the Regular City Council Meeting August 18, 1998 page 15 Councilmember Masin moved, Councilmember Awada seconded a motion to authorize City Attorney Sheldon to proceed with the acquisition of Mr. Don Grant's property at 1275 Towerview Road. Aye:5 Nay:0 Mr. Roger Smith approached theCouncil to express support for their efforts in the storm clean- up. He thanked the Police Department for .ti+eic;preser e:in ;the neighborhoods and for their prompt response in a recent family emergency. Hie: at.i.4 1;the eiiiacil for their actions regarding street repairs, service delivery and the upcoming, contest naming the Aquatic Facility. Ms. Sue Hegarty was recognizea:•y the Council for her service as a local journalist in Eagan. She addressed the Council and informed them of her new role with the Eagan Convention and Visitors Bureau. ....................................... ....................................... ROUND TABLE Senior Planner Ridley informecd the Council. n the status of the service station signage issues. City Administrator Hedges staffed:that th4tity is taking applications for the Assistant City Administrator position until Friday, Augi st.2:}998, .He.;stated that the process of hiring for this position takes time because it is being aks,:g. 'tise4::§ n:the;i.i4.0 1 level and some publications only come out on a monthly basis. He informed the Council of the Comprehensive Work Program that they will receive with the next packet and explained the need for a tracking system to stay abreast of the numerous developing City projects. He asked the Council for direction about his own performance review and if it should go to the personnel committee; the Council responded that the personnel committee would be appropriate. He informed the Council of the conclusion of Intern to the City Administrator Hertel's position at Eagan on August 28,49.98::.fie asked the Council to decide if they wished to hold a Special Council Meeting on Septentber':1:1998. Councilmember Awada moved;ii✓oiiiicilmember:Masin seconded a motion to schedule a Special Council meeting for 5:00 p.m. on Septembe T;:.:.1998,.. Aye: 5 Nay: 0 Councilmember Wachter stated that Highway'3Sg:: : th has a new logo sign from the Highway Department and that it looks great. He stated that the Historical Society is interested in installing a new sign at the Old Town Hall that will be visible from both the north and south. He stated that the Ice Arena is proceeding very quickly, still ahead of schedule. He stated that Eagan's 25th birthday celebration would begin on January 1, 1999. Councilmember Awada stated that•she:would not.be.present during the week of Labor Day. Councilmember Masin inquired a1 out thtiess for reviewing the performance of the City Administrator. City Administrator Hedges respoiit#ed that the reviews by the Council go to the personnel committee and then to the fukl#icoundl.. ;Eouncilmember Masin stated that a more appropriate process would be to have the reviews gv: i. the ;Cch al as a whole before the personnel committee. ialE&ittiatsitit Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated August 13, 1998 in the amount of $3,876,353.06 Aye: 5 Nay: 0 The meeting adjourned at 11:3:i. AH Minutes of the Regular City Council Meeting August 18, 1998 page 16 Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). • The City of Eagan i§ committed to the policy '..4!$.4.all persons have equal access to its programs, services, activities, facilities and employment without regard to iii&; color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regar4.tp..041214c.Assi0411ce.... .•••• • Democrat LIST OF ELECTION JUDGES FOR PRIMARY For City Council approval August 18, 1998 RepObi.iCan Annlkiiich Darl.WOA4s:•:•:•••••• • • • • • ••• •:%-• ...•.•....•.•.• • ... • .. • • • • • • • •••••• • .•• • • . • ••:•:•::::•:•• Independent Larane Molitor Andrew Sirotiak Kelly Glover Bonnie Engen Don Leean Patti Good Barbara & Wm Hodapp Pauline Novack Mona Jadoonath Roger & Ellen Fredlund Ruth Munson EXHIBIT A Minutes of the Special City Council Meeting, August 4, 1998 page 1 MINUTES OF THE SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA is::iR+cUGUST 4, 1998 Present: Mayor Tom Egan, Councilmember. Pat Awada, Councilmember Bea Blomquist, Councilmember Sandy Masin, Coi�ittq(i�c�iie i#3ier Ted .0chter, City Administrator Hedges, Director of Parks and Recreation Vr2a::•Re• ='` `eKtutierintendent Peterson, Intern to the City Administrator Hertel. • Mayor Egan called the meeting to order at 5:03. REVIEW PROPOSAL FOR USE OF CIVIC ARENA MEZZANINE FOR TEEN ROOM • City Administrator Hedges prOt.1.51ed an•mverview on the item. He stated that the Council had been considering twp;Gocations:for a potential teen center, including the YMCA and the mezzanine area ire CiviOrena. He reminded the assembled group that the City Council had approprfeted $75;£300 to the YMCA to create a teen center. He ese introduced Karen Lucia as a reprr.'itatrvet t:#:)010es s, who stated that she was available to answer questions. Councilmember Awada arrived at 5:11. Councilmember Masin asked if the purpose of the meeting was to obtain feedback from the members of the audience. Ms. Lucia statei#:float the teens were present to seek approval from the Council and to inquir.e.about:possible funding options. She stated that they had been talking to member of tbe::community and area businesses, but that those entities were hesitant to donate fi3rids to the project without knowing that the City is supporting the teen's proposal. Superintendent of Recreation Peterson stated: tl the teen center, as proposed by Ms. Lucia and others had not been budgeted as part of the General Fund Budget for 1999. She further stated that the City has not applied for any grants for the start-up costs or the operational costs. She stated that she expected a project of this magnitude wouldn't be up and running until Fall or Winter 1999. Councilmember Wachter inquired about compliance of the proposed facili#y.with the City's fire codes. Superintendent of Recreation Peterson stated that thy were.awai*i0• l e issue and ensuring compliance would constitute a considerable pion ofthe:Start-up costs. Councilmember Wachter inquired about scheduling confliccs'with ho614y events. Superintendent of Recreation Peterson responded that the areg:sould be;•blocked out for events at the Civic Arena, including hockey games, and alst +rp ai t•i •i that some people are used to watching the games from the mezzanine Councilmember Masin stated that the City of Bumsville has been very active on the teen center issue. She stated that Eagan should leam from the experiences of communities that have been unsuccessfu! iri, their teen center ventures, emphasizing the importance of having the backing of..ttt. teeitii*tjie location and format of the teen center. She commented that the apotopriatiori tp #tide YMCA would attract only teens who would have gone there regal Oi s and that tO,On has enough teens to warrant multiple teen center locations. S.h also stated that tftie opportunities for grant monies should be pursued and commerjt r. further that the:04c Arena needs more rooms. Minutes of the Special City Council Meeting, August 4, 1998 page 2 Mayor Egan inquired about the capital costs and staffing needs for the teen center. City Administrator Hedges stated that he could prepare that information for another work session, but stated that they woulnipt have significantly more information at that time. He also clarified that the functions:b tween the YMCA site and the mezzanine site would be different; the YMCA would have•:ttae.apaoitYr.toi'.ftnctions like programs and lock -ins, whereas the mezzanine area would **:,i t a d in center. Ms. Lucia stated that the mezzanine area would be more:.relaxed and may be a place to coordinate trips or post job opportunities. Councilmefiber Wachter asked if there would be supervision and if it would consist of staff or volunteers. Superintendent of Recreation Peterson stated that because the Civic Arena is a City facility, it would be appropriate for the City to staff the teen center with several seasonal temporary employees and one staff person to oversee those employees. Councilmember Masin sugge;rted the Cid} partner with Community Education. Councilmember Blomquist expressed concern about potential for public misconception that the teen room would be only.l`i t teens:* volved with the hockey program. Ms. Lucia responded that the answer to that.concem:would.:corne, through advertising to teens other than the ones who would already :..i'te:to ;Civic Arena. Mayor Egan questioned how the block-outs would work. Superintendent of Recreation Peterson said that staff would coordinate those times with Civic Arena Manager Mark Vaughn. Councilmember Blomquist stated that nearly the entire months of December through February would have to be blocked out. Superintendent of Recreation Peterson explained that reference. m: apart shelter was a staff scenario of using a Park Shelter rather than the.mezZar ine fOr a teen center; she further stated that the black -outs refer to the outdooriskaatif4'seasof. Councilmember Awada asked what would be done with the TVs and Turniture. during black -outs. Mayor Egan commented that this seemed like a manageable .but::$ gnifi ant.cost as we enter the budget season. Councilmember Masin asked that the park'shetter:,idea: be pursued further; she asked that several locations across the City be included 'iii City Administrator Hedges' proposal. City Administrator Hedges summarized the Council's request, stating he would prepare 2-3 scenarios with estimated costs and varying locations to be considered before the General Fund Budget is approved. Councilmember Masin suggestediegain that..tkte:city consider partnering with Community Education. CouncilrrieOtieit::ik*a0iiigested contacting the school districts. Mayor Egan commentid #fiat the _)W3ty Council should be consistent in their policy toward the teen centers, reminding the: Council that they had committed only a one-time cost with the YMCA prgpsal and; stated that they should do the same for subsequent proposals. CouncilmelOeii ter.: ressed concern about jeopardizing the YMCA's program by creating'ar1' demi ii at tee:tenter. Mayor Egan said it would be hard to know if the two would be complementary or competitive. Councilmember Wachter asked how many teens they expected to use this facility at any given time. Ms. Lucia stated that she expected between 100-150. Superintendent of Recreation Peterson stated the teen center that existed:when the population was around 20,000 was supported by about 30-40 teertsi : Tt a COi*Iliidirected staff to prepare the scenarios for potential sites, costs staffing rieedsbefore the approval of the General Fund Budget. Councilmember Wg iter expressed: neem about stretching staff resources. • Minutes of the Special City Council Meeting, August 4, 1998 page 3 REQUEST TO COMPLETE CIVIC ARENA TEAM ROOM City Administrator Hedges gave an overview and brief history on this item. He introduced Mr. Wally Larson frorrs:.Eagan High School and asked Director of Parks and Recreation Vraa to review the propval with the Council. Director of Parks and Recrea # n : i a4: ted interest in completing the team room had been generated by the'.hfgh' Cfioof lid the.Boys' and Girls' Hockey Booster. He informed the Council that there: was no room for financing this project within the current budget The booster groups:suggested partnering with the school and the City to complete the project. He stated that the Boosters were willing to fund the project over the course of several years and that they also wanted to use their own labor resources as sweat equity to keep the costs down. Mr. Larson stated that the supizart for aampleting this project will be constant and will not waver in the coming years. fik comrriditited that the Eagan Hockey Boosters are a group that gets things accomplis#ed. In ragards to the sweat equity component of the project, he stated that the infrastructure ce completed with only their resources, but offered laborers to complete any Mask$ l ary: (t'bcOu d:r.0 :age. He asked that the payment for the estimated cost of $34,20015i6Sti uteedi -:the next 7 years. Councilmember Masin asked if the sweat equity arrangement would cause labor relations problems with unions. Director of Parks and Recreation Vraa stated that the City employs both union and non-union contractors on the current project. Councilmember Blomquist stated that she wowid:Iike to see this extend beyond the • hockey boosters to the community at,largeg:unCilmember Masin asked if the City invested in this room, could it be rentei<#:as a' revenue producer. Director of Parks and Recreation Vraa said that it would.. not be a:iroom appropriate for raising revenue. Councilmember Wachter asked the:.auda',ert .how badly this room was needed. Mr. Brian Johnson from the high school respoiiid:ttiat;:this would be a big step-up for the Eagan Hockey program. He commented that riiosi::arenas in the conference have team rooms and what an asset those.are for teams to prepare for games. He also stated that the facility would be an area that the players could keep their equipment. Mayor Egan stated that he remembered settling the dispute with the former Minnesota Moose and inquired as to.whete those.settlement funds had been allocated. City Administrator Hedges stated th t thONngW::0.een directed to compensate for the construction on the team room tFiat.had already begun. Mr. Larson asked if they could be assured they would have access to the Team room after investing their resources in the construction, expressing coni fi that ar!"0.ther hockey team may wish to make use of the Civic Arena and then the root i yotsld be una?�ailable to the Eagan Hockey program. He further commented that the rri4Ziahirteltaipitiii0ifilled during hockey games. Councilmembers Wachter and Blomquist stated their desire to see that area still be available to hockey fans. Mayor Egan thanked the hockey organizations' representatives for coming to the meeting. • CONSIDER APPOINTMENT PROcg. . . .VISORY COMMITTEE TO REVIEW A CITY CQDE OF Efit#I.CS:.POLICY Minutes of the Special City Council Meeting, August 4, 1998 page 4 City Administrator Hedges provided an overview of the item. He encouraged the Council to consider determining an appointment process and then allow the task force to review the policies and make their recommendation sometime this fall. Councilmember Masin stated: Matt she had asked for this many times, but that there had never been support for using :a.pglicy..other.tt r ;the one outlined by the League of Minnesota Cities. Mayor Egan asickecl::whatwi uld be reasonable expectation for an ethics policy. City Administrator Hedges statei tliat the City has copies of several policies from other Minnesota citi. ::from a month ago when Councilmember Awada requested those policies. He corxtiiented that the policies follow closely to the State law, but that there is benefit to adopting in ordinance format the policy of the State or adopting a modified version of our own. Mayor Egan commented that he would like to see this become part of the City Code. Councilmember Blomquist stated that this would make the meetings run better; she:elso stated that she has wanted to institute an ethics policy for a long time. Mayor Egari::commerlfed on the importance of delegating this task to a neutral committee, in spite of:the challenge to find neutrality amongst the long- standing relationships between tkteCouncik:and the community. Councilmember Masin suggested bringing in outside pers.4ris,frorn:the Citizens' League, the League of Women Voters, consultants, etc. Council. ierribe : 3ltir iquisi:skated that she had read the policies from the League of Minnesota Cities' aiid'thbidit'Surrisville's policy would be a good policy for the committee to model. Councilmember Masin expressed concern at the lack of process about this policy, stating that through her work with the MVTA, they took two and a half years to complete their ethics policy. Councilmember Awada statedffiOthere should be enforcement provisions in the policy and that it shoutd O ttine:appropriate behaviors and what can and should be done by public offitaals<::lietayor Egan concurred that an effective ethics policy must be enforceable, but Cautioned against infringing on first amendment rights. Councilmember Blomquist suggested the:entire..Council read the policies from the LMC. Councilmember Wachter concurred and requeated Chet copies be provided to the Council. He further stated that an ethics policy is'a gijldeline, but is difficult to enforce. Councilmember Awada suggested that each of the advisory commissions to the City Council appoint a member to serve on the Ethics Policy Task Force. City Administrator Hedges stated that it would take approximately 30 days for the commissions to appoint these members. Councilmember Aweda:stated,.that:.they should meet only to make a recommendation on a policy and.fl en:,aii#y':.on:an::as ieeded basis. City Administrator Hedges confirmed that the EthicS:Policy T 1.:rorce would consist of one appointed member from each of the Councils six advry commissions plus one person from either the Citizens' League or thekeague iaf?Nomen Voters to ensure an odd number of task force members. ADJOURNMENT The Special City Council Meeting adjourned at 6:15 p.m. • • city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 28, 1998 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 1, 1998 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the September 1, 1998 City Council agenda, the minutes of the August 18, 1998 regular City Council meeting and the minutes of the August 4, 1998 special City Council meeting, the following items are in order for consideration. Agenda Information Memo September 1, 1998 Eagan City Council Meeting DEPARTMENT. HEAD BUSINESS A. Tree Planting Program ACTION TO BE CONSIDERED: 1. To approve or deny Eagan's Forever Green Program as stated for implementation by the City -Wide Tree Planting Program Advisory Committee. 2. To appropriate $17,013.00 from the 1998 Contingency to implement the Fall 1998 portion of the Eagan's Forever Green Program. 3. To direct staff to reduce the Contingency amount in the 1999 General Fund Operating Budget by $68,052.00 to be appropriated to the Eagan's Forever Green Program. FACTS: • Due to the devastating storms in 1996 and 1998, the City of Eagan and its residents suffered extensive tree damage and loss, totaling over 4,000 trees. • The Eagan City Council directed staff to coordinate an advisory committee to recommend a plan to ameliorate the tree damages. • The City -Wide Tree Planting Program Advisory Committee consisted of the following members: Inez Bergquist and Mike Ferber of the Eagan Foundation, Katie Tilley of Eagan Healthy Communities Initiative, Kate Munson (winner of Eagan Foundation Essay Contest) Lee Markel] and Daryle Peterson of the Advisory Parks Commission, Sherie Wallace of the Chamber of Commerce, Yvette Beaulieu of Skyline Displays, Doreen Ulrich of Community Action Council, Councilmembers Pat Awada and Bea Blomquist, and City staff members Ken Vraa, Gregg Hove, Joanna Foote, and Amy Hertel. • The committee met twice in entirety and the subcommittees met intermittently to discuss the details of implementing Eagan's Forever Green Program. • Eagan's Forever Green Program will cost $270,130.00. The costs will be divided between the participating residents, the Eagan City.Council and the fundraising efforts of the Finance Subcommittee from businesses and community organizations. ATTACHMENTS: • Background memo including budget on page 9 . MEMO city of eagan TO: City Administrator Hedges FROM: Intern to the City Administrator Hertel DATE: August 27,1998 SUBJECT: Eagan's Forever Green Program Update The City -Wide Tree Planting Program Advisory Committee met on July 27, 1998 and on August 13, 1998. The meetings were highly productive and enabled us to solidify the most important components of the Forever Green Program and refer the rest of the work to subcommittees. Representatives from the four subcommittees (Volunteer Coordination, Implementation, Finance, and Marketing) met at 1:00 p.m. on Thursday, August 27, 1998 to prepare the final proposal. Name The name of the program shall be "Eagan's Forever Green Program." This name will be used with a tagline to be developed by the Marketing Subcommittee on all correspondence, advertisements, fundraising efforts, etc. to promote cohesion and program recognition. Goals/Objectives • To ameliorate the damage done by the devastating storms of 1997 and 1998. • To beautify the City of Eagan by planting 5,000 trees before the year 2000. • To coordinate a community -wide effort, including the City, area businesses and residents. • To finance the program through a combination of charitable donations, through personal investment by residents and appropriations by the City. • To create environmentally and aesthetically diverse green spaces in the City of Eagan. Scope • Plant 5,000 trees over 3 planting seasons (Fall 1998, Spring 1999, Fall 1999) • $43.35 per tree in 1998, expected 8% increase in cost for 1999 • 1,000 trees planted in Fall 1998; 3,000 trees planted in Spring 1999; 1,000 trees planted in Fall 1999 • 5,000 total seedlings distributed; 1,000 in Fall 1998; 3,000 in Spring 1999; 1,000 in Fall 1999 • Oak, Maple, Ash, and Linden species will be available in Fall 1998 • 7 to 10 -gallon potted trees • Educational video on-site and on cable access to ensure proper planting 3 • Cost to participate in Fall 1998; $20 per tree, limit 2 per residence/apartment unit Fall 1998 Timeline August 27 August 28 September 1 September 11-13 September 25 September 26 -October 2 October 6 October 9 October 15-17 Budget Finance Subcommittee meets to prepare approximate budget for submission with proposal to the Council, representatives from subcommittees meet to outline presentation for Council Final proposal completed to be included in packet for September 1 agenda Council consideration of program proposal Volunteers distribute order forms in highly impacted areas (Forms also available at City Hall) Deadline for returning order forms at City Hall Processing of Order Forms Deadline for volunteers/staff to mail confirmation to program participants Confirmation received by program participants Distribution at Rahn Park and Trapp Farm Park; small ceremonial distribution at Pilot Knob Park The total budget amount for Eagan's Forever Green Program, as recommended by the City-wide Tree Planting Program Advisory Committee, is $270,130. That cost includes $230,630 for purchase of trees, plus $4,500 for seedlings, $7,000 for donor recognition and $28,000 for a marketing campaign designed and coordinated by The Wallace Group Public Relations firm. The City -Wide Tree Planting Program Advisory Committee also recommends a financial contribution of $85,065 by the City Council, half of the remaining budget after tree sales as agreed upon in the full committee. A copy of the budget is attached for your perusal. The breakdown of demographic financial contribution is as follows: 37% contribution from participating residents, 31.5% contribution from the City of Eagan and 31.5% contribution from community organizations and area businesses. The approval to use the non-profit and tax- exempt status of the Eagan Foundation for the program is pending final approval; however, Ms. Inez Bergquist of the Eagan Foundation anticipates no problems with the approval process. Respectfully submitted, Intern tp Ehe City Administrator 'Outstanding Balance o Fundraising in Eagan Community City of Eagan Contribution REMAINING BUDGET 0 5,000 trees sold [REVENUES Total Marketing, Volunteers, Misc. Donor Recognition 15,000 seedlings 14,000 trees (Spring and Fall 1999) 11,000 trees (Fall 1998) EXPENSES r. CD 3 1/2 of Remaining Budget 1/2 of Remaining Budget 20.00/tree - -- 0.90 43.35 + 8% increase= 46.82 43.35 0' cD 170,130.00 03 al cn cn 03 cn rn cn 0 0 o o 0 0 100,000.00 270,130.00 28,000.00 0 0 0 In O 0 187,280.00 41, CO c(n O 0 -I 0 vr. 0. O4N. k.0 1 _„ O O O O O O r,..\) ....4O O --& co O O O m v (n v -n co 0, c� CCD 0 71 m CD 0 CD n "Eagan...Forever Green!" 19$8-1999 Budget Perspective Identity Name selection, logo and design elements $400 $400 Media and Marketing Materials News Releases Fall 1988 3-4 $750-$1,000 Spring 1999 2 $500 Fall 1999 2-3 $750-$1,000 Feature Stories 4 (renewal, fundraising, longrange context, Eagan Foundation) $2,400 Media Placement Brochure Fact Sheets through 1999 1-trifold, concept, copy, design, production 3 Speech For info and funding, with overheads, graphics $1,800 $1,800 $300 2,500-3,000 2,400 1,800 1,800 300 $1,400 1,400 Advertising/Signage Weekly newspapers Design/production 3 $1,200 Space, Fall 1998 $2,010 CisnnoC'ririncr 1000 $2,010 Space,Fall 1999 $2,010 Signage Large & small banners $2,000 7,230 2,000 Tree Budget/page two Promotional Materials T -Shirts (1000) $5000 5,000 Buttons (3000) $1000 1,000 Tree Streamers (5000) $ 500 500 Costumes (5) $ 500 500 Prizes (50) $ 300 300 Refreshments (donations from business) $1000 1000 Hot Air Balloon $2000 2000 Total 27,880- 28,880 7 Agenda Information Memo September 1, 1998 Eagan City Council Meeting B. AQUATIC POOL FINANCING ACTION TO BE CONSIDERED: To consider a financing plan for the Aquatic facility. FACTS: • As construction continues on the aquatic facility and the bidding process nears completion it is timely to solidify the final funding package. • The final funding package is proposed to include revenue bond financing, internal borrowing from the Community Investment Fund and cash from the Community Investment Fund. • The recommendation of Finance Director VanOverbeke and concurred with by the City Administrator and Director of Parks and Recreation Vraa is included as an attachment and is put together in such a way to allow incorporation of a range of potential rates charged for use of the facility. • The actual user rates will be considered with the operational budget for the facility. ATTACHMENTS: • Enclosed on pages through � is a copy of the memo incorporating the background, issues and recommendation. MEMO city of eagan TO: City Administrator Hedges FROM: Finance Director/City Clerk VanOverbeke DATE: August 26, 1998 SUBJECT: Aquatic Facility Financing At your request, I am drafting this memo to provide information to you and the City Council so that the discussion about the final funding package for the new Aquatic Facility can be undertaken. As construction continues and the bidding process nears completion, I believe it is timely to solidify this piece of the development. Background From the very early discussion concerning the possible construction of an aquatic facility the Community Investment Fund has been considered as the most likely funding source. The Capital Improvement Program for the years 1998 through 2002 formally shows the project being funded from the Community Investment Fund. Because the scope of the potential project had not been determined, no cost estimate was included in the CIP. As the scope of the project was considered and eventually settled upon, definitive cost estimates were completed and have been used in subsequent discussions and decisions. Through that process the City Council determined that a final funding package would probably include more than the Community Investment Fund but that that decision should be made later in the process after construction contracts were awarded. This approach has maintained maximum flexibility for the Council in making the final decision. As discussions about the facility continued, a philosophy started to develop that with the correct scope, good construction good management, and an appropriately priced product a sufficient revenue stream could be generated to cover the operating costs and a capital reserve. The revenue stream would also provide additional dollars for debt service allowing a portion of the project cost to be financed through borrowing. It was also determined that the method of funding was not a build or not build decision and that it should continue to be deferred to later in the process when more and better information became available. It has been felt that some combination of the Community Investment Fund and borrowing was in the best Tong -term interest of the Community. That 9 combination allows the Community Investment Fund to finance additional projects of Community wide benefit, if not immediately at least in the long-term. It also prevents the facility from being overburdened with debt service payments that could not reasonably be expected to be met without unreasonable user rates and/or utilization of the facility. Funding Options The funding options still include the Community Investment Fund, bonding or borrowing of some sort and/or a combination of those two sources. The bonding option includes revenue bonds supported by operations from the use of the facility. To provide maximum flexibility, internal borrowing could be added to formal external bonding. When one starts to add dollar amounts and various types of repayment possibilities to these choices, an infinite number of options can be generated. Discussion/Issues If one uses the economic projections generated by Water Technology, Inc., the high-end projection shows $262,500 as net income after operating expenses have been met. Based on the rates for the gross revenue bonds sold as a part of the funding for the second sheet of ice this high-end projection, if used only for debt service, would support about $3,195,000 of external bonding. Given the method used to arrive at this projection which is based on facilities that are well established and on various rate models, this much debt seems to be too aggressive, at least until more operating experience can be gained with the Eagan facility. The City has an offer from a group on behalf of the Cinnamon Ridge developers to purchase the outstanding note of $1,964,326 for a present value of $1,150,000. One condition of that purchase requires the City to make it a tax- exempt note. That requires the City to spend the proceeds on a project that qualifies as tax-exempt with the aquatic facility being the only option at this point. Given the history of the Cinnamon Ridge development and the 15 -year term of the note there is good reason to seriously consider this offer. It is possible to separate the Community Investment Fund's participation into a number of components including what could be considered a grant (no repayment contemplated), a structured loan with a structured repayment schedule and perhaps a loan with a possible balloon payment at a date in the future. A structured loan to the Community Investment Fund combined with the internal financing from the sale of the Cinnamon Ridge note could be the bonding/borrowing component. The grant piece would be the Community Investment Fund's financing contribution and the borrowing with a potential balloon payment would provide flexibility in terms of future cash flows. /o Depending on cash flows and other circumstances an escrow account for payment of the balloon could be set up, the balloon payment could be turned into a structured loan at anytime or could be turned into a grant depending on future events. Recommendations These recommendations are based on the premise that the most important component of the final financing plan is to make sure that the facility has a fair chance to be successful from a financial standpoint. The recommendations are not designed for any particular rate structure however; they will allow flexibility to respond to the rate structure as well as to other external circumstances such as a potentially rainy or cold season. They are also based on the premise that government facilities and services are not necessarily about only a return on investment. Government facilities and services are primarily about enhancing the quality of life in the community to the levels desired by the citizens coupled with their willingness to pay for them. Finally, there is an acknowledgement within the recommendations that this is a unique facility that could need more infrastructure enhancements to stay current and competitive over its life than other government facilities and that operations should provide money to make most necessary changes in the future. The following table illustrates one possible funding scenario: Total estimated cost Recommended Financing: Structured Payment Component: Sale of Cinnamon Ridge Note Loan From Community Investment Fund Sub -total Potential Balloon Payment: Advance From Community Investment Fund Cash Payment From Community Investment Fund Total $7,140,000 $1,150,000(1) 850,000(2) $2,000,000 $1,000,000(3) $4,140,000 $7,140,000 (1) 20 year -term with estimated annual debt service of $95,000. (2) 20 year -term with estimated annual debt service of $70,000. (3) With a 20 year -term, actual payment would require estimated annual debt service of $83,000. The fixed portion of the loan would require annual cash flows of $165,000 for debt service. Adding the funding for the balloon payment would bring the total to $248,000 annually with these interest rates and a 20 year -term. If the high-end estimate of annual income of $262,500 from Water Technology, Inc. is correct, this is probably too much debt service, hence the need for flexibility on funding and/or repaying the balloon portion of the loan. I have tried to capture what I think are the important issues to consider in putting this financing package together. It is certainly possible to modify the recommendations although I believe the basic options will remain the same. am not sure that I have been able to provide adequate explanation in the memo, so it might be appropriate to discuss these ideas and make changes as desired or appropriate. Please let me know what your pleasure is regarding the issue. ance Director/City Clerk cc: Director of Parks and Recreation Vraa Agenda Information Memo September 1, 1998 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Civic Arena/Aquatic Facility Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the Civic Arena/Aquatic Facility Maintenance Worker. FACTS: • Interviews for the above position were held on Thursday, August 27, 1998. • References are currently being checked. • It is anticipated that the name of the person to be recommended for hire will be available with the Administrative Agenda packet on Monday. Item 2. Seasonal Part-time Basketball Scorekeepers -- ACTION TO BE CONSIDERED: To approve the hiring of Bruce Barry and David Schomburg as part-time seasonal basketball scorekeepers. Item 3. Part-time Seasonal Football Officials -- ACTION TO BE CONSIDERED: To approve the hiring of Jeff Freeman, Guy Dawson and Mark Samstad as part-time seasonal football officials. Item 4. Part-time Seasonal Arena Supervisor -- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Fitzloff as a part-time seasonal arena supervisor. Agenda Information Memo September 1, 1998 Eagan City Council Meeting Item 5. Seasonal Park Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Alexis Drews as a seasonal park maintenance worker. Item 6. Undergraduate Intern/Parks & Recreation— ACTION TO BE CONSIDERED: To acknowledge the undergraduate internship of Adam Kent with the Parks & Recreation Department. FACTS: • The Department of Parks & Recreation will host Adam Kent for his undergraduate internship this fall. • Mr. Kent is a student with the University of Minnesota, Duluth campus. • Mr. Kent will not be an employee of the City of Eagan. Item 7. Resignation/Water Resources Coordinator -- ACTION TO BE CONSIDERED: To accept the resignation of Rich Brasch, Water Resources Coordinator. ATTACHMENTS: Attached on page/$ is a copy of Mr. Brasch's resignation letter. TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: RESIGNATION LETTER DATE: AUGUST 17, 1998 Ken, it is with considerable sadness that I submit this letter of resignation from my position as water resources coordinator for the City of Eagan. After much soul searching and discussions with my family, I have elected to take a position with the consulting firm of Bonestroo, Rosene, and Anderlik and Associates in Roseville. Having never worked for the private sector before, this change represents a new challenge for me which I view with excitement as well as some trepidation. However, I feel the time is ripe for a change and am confident that the water quality management program you and I have worked to get off the ground in Eagan will be left in good hands. Having said this, I also want to tell you that the past eight years of employment with the City of Eagan have been the best and most rewarding of my life. I have been constantly amazed at the high level of commitment, integrity, competence, and orientation to producing results shown by staff from one end of this organization to the other. It is truly a model of how government can and should function and has affected very deeply my perception of what it means to be a quality organization. I am particularly appreciative of the way in which you, as my direct supervisor, have managed me. You have given me the latitude I needed to direct the program where I thought it needed to go and shared with me your considerable experience in helping me deal with situations in which I had little or no experience. I deeply appreciate your confidence in me and your willingness to guide rather than dictate, as well as your support for my professional development. As a result, I think Eagan has a water quality management program of which it can be proud. At this point, I anticipate that my last active work day for the City would be Friday September 11. I expect that we will need to meet a time or two to discuss transition arrangements. Perhaps we can meet next week after you return from vacation to discuss these issues in more detail. Thanks, Ken. Rich Brasch Water Resources Coordinator Agenda Information Memo September 1, 1998 Eagan City Council Meeting Item 8. Resignation/Pre-School Instructor/Recreation Program Assistant -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Benita Soller from her positions as part-time pre-school instructor and part-time recreation program assistant. ATTACHEMENTS: Attached on page / is a copy of Ms. Soller's letter of resignation. August 25, 1998 Holly Duffy Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Holly, Please accept my letter of resignation from the City of Eagan Parks and Recreation Department. I have accepted a full time position as the Recreation Coordinator with the Waconia School District beginning August 31, 1998. My time with the City of Eagan has provided me with many new and exciting opportunities and I thank you for letting me be a part of them. Since I will continue to have very strong ties to the City of Eagan through family and friends, I would also like to offer my time to the Parks and Recreation Department on a seasonal basis as my schedule allows. Thank you again for the positive experience. Sincerely, r Benita Solier cc Paula Nowariak, Recreation Supervisor Dorothy Peterson, Superintendent of Recreation Ken Vraa, Director of Parks and Recreation / 9 Agenda Information Memo September 1, 1998 Eagan City Council Meeting B. APPROVE CLASSIFICATION OF TAX FORFEITED PROPERTY ACTION TO BE CONSIDERED: 1. To declare the following parcel as having public purpose and to request acquisition of the parcel: #1 10-32990-020-00 2. To declare the following parcels as non -conservation land: #2 10-55300-160-05 #3 10-83730-020-00 #4 10-83730-030-00 #5 10-83730-040-00 FACTS: • The City has been notified by Dakota County of five parcels noticed as tax forfeited for non-payment of taxes. • Dakota County has requested that the City approve the classification of the property as non -conservation land in preparation for sale or, if desired, process the necessary forms to acquire any of the parcels. • This information has been circulated to all City departments and the following recommendations have been made for each parcel: Recommend Parcel To Be Acquired Department Purpose 1. 10-32990-020-00 Yes Public Works Right -of -Way 2. 10-55300-160-05 No N/A N/A 3. 10-83730-020-00 No N/A N/A 4. 10-83730-030-00 No N/A N/A 5. 10-83730-040-00 No N/A N/A • Parcel sizes are noted on the page with the legal descriptions. ATTACHMENTS: • Parcel listing on page /9 . • Parcel maps on pages p? Q through . IS • CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the CITY COUNCIL of the CITY of EAGAN We, the members of the County Board of the County of Dakota, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the, lands which have been classified by us as non conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 1991 & 1993 as provided by Minnesota Statutes 1945, sectior. 282.01 as amended. SUBDIVISION 10-32990-020-00 HILLS OF STONEBRIDGE OUTLOT B 10-55300-160-05 OSLUND TIMBERLINE ADDITION • OUTLOT A 310-83730-020-00 . WESCOTT SQUARE u 10-83730-030-00 7. WESCOTT SQUARE 10-83730-040-00 5. WESCOTT SQUARE OUTLOT B OUTLOT C OUTLOT D tv iwile ptifeac.Aell i(e,000 IC M • • s 0 11 1 a 0 • 0 .1 ,. • • • • J .4, 15 • ■ f 4 n ...r1>''E e i +. 114 s 1644 -41 SP • .4.# Si _ , l• � • fj 4 4 r.• W i-'-\, It i� • t • s.,, S4•.• Il 4,4 ' •• r. &W. ii T27 R23 1, K) 0 •• / O e, Af 411 C424t4, 44;40-4,11.4:.�.� •!I 09 / 4084 / 0t0-00 g. Ip_S5 '� 30p_ 1(�p - p5 4- Q%, 'We tog !9.2 A(ovo,1W.v,•/tfA. G.hrt. ?A• 0,0-3^ foo�JK L 2 IT o esoo es 00 i • • A s 072-00 ? Ser C C gRTyr 0, i tx.e. 4:• % .4L !+a el t • rlc. 33 051-00 vI Thr- -5141't FOUR K OAKS i 8 1 1 t i J ij • .N°I °j• . � ✓ ill 11 •4 0 : t t s I t 4. , Q \ N.• bki o*off t <1g n •. f. 0 era !� IV 3 iS S t f 6 ACH 3R 1 4 S ,0622 oft Da DTADD. LACKI f 011* • • • I • tt T�i_ 5y-o� - y� f • ti 404 3 I -Se9•57 a N°0 gin pRN? • f • -701 -45e 67 t t.. t • !Nr 'f/ 1. tC ,COACHMAN LAN • • R7'*5 I.. 3 t •rse•fh SEC. T. R.23 S E li4 SEL. 11, T 27, FZ 23 L; 4/ N0. .1'1• e c•t 11f/.fl by 14 « 1 • 2 c , L) • 1 YANKEE 0000LE RE COut Da KC favc ROAD 1 •. as — r. on 1 1 t SOL 3. Ib -83930- bio-oo' y. to -8393o -030 - DO "c" a 49 sot e 'y1; ROAD 'ILS END WO©pL AND m A SPI7)OC• lifekkgv 1. f 1111, 000 • ��. ; NT A 454'."....„4.t. • 1 �, 4 ,...4--7777." . •=� _ :• / /..:r . ..4 : � "••. L. • . t•. : J - a4 •• .:y� . 16 • 4 1 So. • • • ., : %. Y • •.• r •.• c. 4 • •.••.1.:1 • , / Agenda Information Memo September 1, 1998 Eagan City Council Meeting C. EXEMPT PERMIT. OSMAN SHRINE TEMPLE TO CONDUCT RAFFLES ON MARCH 15. JUNE 15. SEPTEMBER 15 AND DECEMBER 15.1999 AT 2750 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve an exemption from the lawful gambling requirement for Osman Shrine Temple for raffles to be held on March 15, June 15, September 15 and December 15, 1999 at 2750 Sibley Memorial Highway. FACTS: • Staff is in receipt of an application from the Osman Shrine Temple for this exemption due to the group's nonprofit status. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Resolution attached on pages pi 7 • Application enclosed without page number. a3 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, the Osman Shrine Temple has applied for an exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Osman Shrine Temple will conduct a raffle at 2750 Sibley Memorial Highway on March 15, June 15, September 15 and December 15, 1999. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for the Osman Shrine Temple. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1 s` day of September, 1998. E. J. VanOverbeke, City Clerk Agenda Information Memo September 1, 1998 Eagan City Council Meeting D. EXEMPT PERMIT. DUCK'S UNLIMITED TO CONDUCT A RAFFLE ON SEPTEMBER 15.1998 AT THE ROYAL CLIFF BANQUET FACILITY ACTION TO BE CONSIDERED: To approve an exemption from the lawful gambling requirement for Duck's Unlimited for a raffle to be held on September 15, 1998 at the Royal Cliff Banquet Facility. FACTS: • Staff is in receipt of an application from Duck's Unlimited for this exemption due to the group's nonprofit status. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Resolution attached on pages-kreegh- • Application enclosed without page number. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, Ducks Unlimited has applied for an exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, Ducks Unlimited will conduct a raffle at the Royal Cliff Banquet Facility on September 15, 1998. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Ducks Unlimited. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1st day of September, 1998. E. J. VanOverbeke, City Clerk .26 Agenda Information Memo September 1, 1998 Eagan City Council Meeting E. FINAL SUBDIVISION — ROYAL OAKS ACTION TO BE CONSIDERED: To approve or deny a Final Subdivision (Royal Oaks) consisting of 34 lots and 4 outlots on approximately 21.4 acres located south of Yankee Doodle Road on the east side of Wescott Woodlands Drive in the NE 1/4 of Section 14. FACTS: The City Council reviewed and approved the preliminary subdivision for Royal Oaks at their regular meeting on April 21, 1998. Final plans, development contracts, and financial guarantees are expected to be in order for execution at the regular meeting on September 1, 1998. BACKGROUND/ATTACHMENTS: > Final plat drawing, page p ^11vn v%1 Y V ROYAL OAKS i 7. , -1 ti 67-... 's;� 1-1 so csi 1litt \♦Jb • I I I L—bds.M-- J J W3 :J 7ArI (;) I 1:10 e te b:s gwR i • 0 1 C 1 I . JJcw+ i+ J 0.046•111.r i1 A p w t§§1 F �Y • go pyY 04.06 MOPE ♦ iCLT a /A, 3,1 1 - SA 1; li Ci 3.•.y.^ �' ';il .. X53•.. i L slap s+,®• mew t anew v son la - MAIO WTBH 11D7S� 1000o .tn•IP W O..' LP O!• LOO► t OO• t .P O 1/' lei - ,AF Agenda Information Memo September 1, 1998 F. PROJECT 725, OAK CHASE ADDITION - FINAL ASSESSMENT ROLL ACTION FOR COUNCIL CONSIDERATION: To receive the Final Assessment Roll for Project 725 (Oak Chase Addition — Street Improvements) and schedule a public hearing to be held on October 6, 1998. FACTS: • Project 725 provided for the reconstruction of Oak Chase Road, Oak Chase Lane, and Oak Chase Way, all within the Oak Chase 1st, 2nd, 3`d, and 5th Additions. • This project, constructed under Contract 98-03, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to discuss any concerns. G. PROJECT 727. DONNYWOOD ADDITION - FINAL ASSESSMENT ROLL ACTION FOR COUNCIL CONSIDERATION: To receive the Final Assessment Roll for Project 727 (Donnywood Addition — Street Improvements) and schedule a public hearing to be held on October 20, 1998. FACTS: • Project 727 provided for the bituminous overlay of High Site Drive, Jurdy Road, Jurdy Court South, Jurdy Court North, Marice Court, and Quarry Court, all within the Donnywood and Effress Additions. • This project, constructed under Contract 98-08, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to discuss any concerns. 029 Agenda Information Memo September 1, 1998 JL PROJECT 728. EVERGREEN PARK ADDITION - FINAL ASSESSMENT ROLL ACTION FOR COUNCIL CONSIDERATION: To receive the Final Assessment Roll for Project 728 (Evergreen Park Addition — Street Improvements) and schedule a public hearing to be held on October 20, 1998. FACTS: • Project 728 provided for the bituminous overlay of Sigfrid Street, Balsam Street, Walfrid Street, Lodgepole Drive, Sequoia Drive, Hemlock Circle, and Ponderosa Circle, all within the Evergreen Park Addition. • This project, constructed under Contract 98-08, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to discuss any concerns. I. PROJECT 729. WILDERNESS RUN 5TH & 6TH ADDITIONS FINAL ASSESSMENT ROLL ACTION FOR COUNCIL CONSIDERATION: To receive the Final Assessment Roll for Project 729 (Wilderness Run 5th and 6th Additions — Street Improvements) and schedule a public hearing to be held on October 6, 1998. FACTS: • Project 729 provided for the bituminous overlay of Sigfrid Street, East Sigfrid Street, East Balsam Street, Easter Lane, Malmo Place, North Svensk Lane, Carlson Lake Lane, North Nybro Lane, North Malmo Lane, East Balsam Trail, and Dunrovin Lane, all within the Wilderness Run 4`h, 5`h, and 6th Additions. • This project, constructed under Contract 98-07, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to discuss any concerns. Agenda Information Memo September 1, 1998 Eagan City Council Meeting J. PROJECTS 745 & 746. BLUE GENTIAN & BLUE WATER RDS, ACTION TO BE CONSIDERED: Authorize the acquisition of easements and rights- of-way, through condemnation if necessary, for Projects 745 & 746 (Blue Gentian & Blue Water Road — Streets and Utilities). FACTS: • Projects 745 & 746 provide for the installation of streets and utilities for the realignment of Blue Gentian Road and the new alignment of Blue Water Road. These Public Improvements were approved by Council action after the closure of the required public hearings on August 18, 1998. • These projects will require the acquisition of public easements and rights-of-way from several different property owners, some of whom are not in support of these projects. In order to meet the required schedule presented at the public hearings, it may be necessary to acquire some easements through the Eminent Domain process commonly referred to as condemnation. This provides for the Courts to establish the fair value of the land being acquired without delaying the public improvement process. • The City staff always tries to negotiate a mutually acceptable agreement with each property owner. However, it is prudent to initiate the appropriate acquisition processes in a timely manner to avoid contractual claims regarding lack of legal access. • This routine authorization is typically included as part of the formal Council action approving the project, but was inadvertently omitted from the Aug. 18 agenda item. ATTACHMENTS: • Resolution, pages 3.) and 33 . 612 432 3780 SENT BY: 8-27-98: 13:58 : SEVERSON SHELDON- 681 4694:" 3/ 4 CITY OF EAGAN RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH PROJECT NO. 745 WHEREAS, it is necessary to acquire land, including permanent right-of-way, drainage and utility easements as well as temporary construction easements for the purpose of installing and constructing utility improvements as well as the construction of Blue Gentian Road; and WHEREAS, the acquisition of the property and easements as above described is for a public purpose and it is in the best interest of the City of Eagan and the residents thereof. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan that the City Attorney is authorized to initiate eminent domain proceedings, including quick -take proceedings, in accordance with Minnesota Statutes Chapter 117 to acquire the lands necessary therefore. ADOPTED this day of . 1998. Thomas A. Egan, Mayor ATTEST: Eugene J. VanOverbeke, City Clerk SENT BY: 612 432 3780 8-27-98 : 13:59 SEVERSON SHELDON- 681 46944 4/ 4 CITY OF EAGAN RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH EAGAN CITY PROJECT NO. 746 WHEREAS, it is necessary to acquire land, including permanent right-of-way, drainage and utility easements as well as temporary construction easements for the purpose of installing and constructing utility improvements as well as the construction of Blue Water Road; and WHEREAS, the acquisition of the property and easements as above described is for a public purpose and it is in the best interest of the City of Eagan and the residents thereof. NOW, THEREFORE, BE 11' RESOLVED, by the City Council of the City of Eagan that the City Attorney is authorized to initiate eminent domain proceedings, including quick -take proceedings, in accordance with Minnesota Statutes Chapter 117 to acquire the lands necessary therefore. ADOPTED this day of , 1998. ATTEST: Thomas A. Egan, Mayor Eugene J. VanOverbeke, City Clerk 33 Agenda Information Memo September 1, 1998 Eagan City Council Meeting K. PROJECT 668, LONE OAK RD. EASEMENT CONVEYANCE ACTION TO BE CONSIDERED: Authorize the transfer and conveyance of Permanent and Temporary Easements as described to Dakota County for City Project 668 (Lone Oak Rd. — Upgrade) in the amount of $26,000 and authorize the Mayor and City Clerk to sign all related documents. FACTS: • Project 668 provides for the reconstruction and upgrade of County Rd. 26 (Lone Oak Rd.) from a rural 2 -lane road to a divided 4 -lane highway. This project is a cooperative effort between the City of Eagan and Dakota County. The project was approved as a result of a Public Hearing held on Oct. 21, 1997. • The City of Eagan currently owns two (2) parcels of property where temporary and permanent easements need to be acquired to complete the improvement to the required design standards: 1) A temporary easement approximately 20 feet wide across the frontage of Fire Station #1 on Lone Oak Circle (2953 Sq. Ft.), and; 2) total acquisition of Outlot B of Eagandale Center Industrial Park #3 (1.14 Ac.) located on the north side of the intersection of Lone Oak Rd. and Lunar Lane. • The County will pay the City of Eagan $26,000 for acquisition of both parcels based on $2.00/sf for the temporary and $ 0.50/sf for the permanent easement. The price differential is due to Outlot B having a ponding easement dedicated over the entire parcel. • The County expects to award a contract on Oct. 20, 1998 with the major construction activity occurring in 1999. Agenda Information Memo September 1, 1998 L. CONTRACT 98-09, VALLEY VIEW PLATEAU STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 98-09 (Valley View Plateau — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-09 provided for the reconstruction of the existing streets within the Valley View Plateau neighborhood as well as the replacement of some of the existing water main and the addition of new storm sewer. • The improvements detailed in the change order address the removal and disposal of 30 to 40 trees that were blown down in the May 15 and June 27 storms within the Hayes/DeLosh Ravine. • Storm sewer improvements are being constructed adjacent to the ravine as part of Contract 98-09. The Public Works Department does not have the proper equipment to remove the trees from within the ravine. The contractor can use equipment on site to remove the trees. • This change order has been reviewed by the Public Works Dept. and found to be in order for favorable Council action. • The change order provides for an additional cost of $7,000.00 (1.1% of original contract). The associated cost will be the responsibility of the Emergency Clean-up Fund. ATTACHMENTS: Change Order No. 2, pages 3h through 3, . Contract No. 98-09 Project No. 663 Change Order No. 2 Date: August 24, 1998 PROJECT NAME: Valley View Plateau Addition Street & Utility Reconstruction - Project 663 PROJECT DESCRIPTION: Street & utility reconstruction improvements within the Valley View Plateau Addition CONTRACTOR: McNamara, Inc. 5001 160th Street W Rosemount, MN 55068 ENGINEER: Bonestroo, Rosene, Anderlik & Ass. DESCRIPTION OF CHANGE ORDER WORK: To remove trees that had fallen in the Hayes/Delosh Ravine as the result of the June 15th and June 30th storms. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: During the June storms, many trees were damaged and blown over in the ravine. Since the City currently has a contractor working adjacent to the ravine as part of the Valley View Reconstruction project, it is beneficial and timely to have this work completed at this time. The City has received a reasonable cost from the contractor, since the contrator is already on site and agreeable to complete the work. The work will consist of removing 30 to 40 trees from the ravine and disposing of them off site. DESCRIPTION OF WORK No. 1 Contract Unit Total Item Unit Quantity Price Amount Clear trees from ravine. LS 1 7,000.00 7,000.00 Total 7,000.00 I:\49449581 \EAGANCO. WB2 36 CONTRACT STATUS Original Contract: Change Order: TIME/COMPLETION DATE June 15, 1998 AMOUNT 617,061.15 June 15, 1998 $25,150.00 Subtotal of Previous Change Orders: $25,150.00 This Change Order: New subtotal of all Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for total of All Change orders to Original Contract Amount: RECOMMENDED FOR APPROVAL: By: Project Manager Date: r By: /17 1,4Date: City Department Manager' City of Eagan Council Action: Mayor: Clerk: Approval Date: Distribution 1 - City 2 - Contractor 1 Engineer 1 - Bonding Company I: 49\49581 \EAGANCO. W82 Yr $7,000.00 $32,150.00 $652,046.15 4-i-- 41% S. 2 %a By: 9ett 12t,{ & 4E -25--°\1/r Contractor Agenda Information Memo September 1, 1998 M. PROJECT 96 -CC, MAJESTIC OAKS, PHASE ONE AMEND DEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To amend the completion date for Project 96 -CC (Majestic Oaks, Phase One — street construction) as stated in the development agreement from June 30, 1998 to October 31, 1998. FACTS: • Project 96 -CC provided for the development of Majestic Oaks, Phase One, including Majestic Oaks Court, northwest of the intersection of Cliff Road and Trunk Highway 3. The plat includes single-family lots. The construction of the street on Majestic Oaks Court has not been completed by the developer in accordance with the completion dates stated in the Development Agreement. • Majestic Oaks Court is a public street. The delay of the completion of the street will allow more time for the developer and builders to complete the construction of the single-family houses and the resolution of some punch list items that need to be addressed before the placement of the wear course of bituminous. ATTACHMENTS: • Letter from Developer, page 3? and YO . TriLand Companies P.O. Box 22039 • Eagan, MN • 55122-0039 • (612)452-7850 August 10, 1998 Mr. Stan Lexvold Construction Supervisor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Private Project No. 96 -CC (Majestic Oaks) Dear Stan: On June 30, 1998, I sent a letter to the city's Engineering Department requesting an extension of deadline for completing the wear -course in Phase I of Majestic Oaks. However, I was recently notified that I need to address this request to you and to include an explanation for the request. The current deadline for the wear -course was June 30, 1998. I am requesting an extension of this deadline to October 31, 1998. There are a couple of reasons for requesting an extension. First, there is corrective work that needs to be made to one of the man -hole covers. Because it is a comparatively small job, I have had difficulty finding a reputable contractor willing to do the work. Secondly and perhaps most importantly, there are currently three houses still under construction with two more ready to start any day. This means numerous construction vehicles coming and going which could potentially tear up the wear -course. My hope is that by October 31', the man -hole issue will be resolved and the bulk of the construction traffic will have considerably diminished thereby saving the wear -course from destruction. Please do not hesitate to call should you have questions concerning the above information. I look forward to your response. Sincerely, 9 Bradley J. Swenson eet surfacing; street identification and traffic control signs; erosion and restoration; streetlighting; mailbox support structures; control 11tions; all lot comers; pond easement boundary signs; pond cleaning and related .tenances; sanitary sewer lift station (with development of Outlot A) and other improvements described in this paragraph and subparagraphs. Seven (7) complete sets of all required detailed plans and specifications as required, shall be prepared by a registered professional engineer and shall be submitted and approved by the Public Works Department prior to final plat approval. Brad Swenson (452-7850) is hereby determined to be the Project Engineer or Manager of the improvements necessary for this development and is authorized by the Developer to address any and all concerns of the City in regard to the improvements necessary for this development. These improvements shall be completed in accordance with approved plans and specifications on file in the office of the Public Works Department, which are hereby made a part of this Contract, as follows: ITEM COMPLETION DATE Erosion & Sediment Control Measures Site Grading Subdivision Monuments All Lot Corners Utilities (sanitary, water, storm sewer) Pond Boundary Signs Mailbox Supports Streets (Concrete curb & gutter, gravel base, and the first lift of blacktop) Boulevard Restoration Street Lights Street (MnDOT 2341 Modified Wearing Course) 4 July 1, 1997 September 1, 1997 September 15, 1997 July 1, 1998 September 30, 1997 October 30,1 997 October 1, 1997 October 30, 1997 October 30, 1997 December 1, 1997 June 30, 1998 Agenda Information Memo September 1, 1998 City Council Meeting N. BID PACKAGES 3, 4, 5, and 6, Aquatic Facility FOR COUNCIL ACTION: To award bid packages to 3,4,5, and 6 for the Eagan Aquatic facility to the lowest responsible bidder. FACTS: • Bids were received on August 18th for bid packages 3 thru 6. • #3 Bathhouse, Admissions/concessions & mechanical building. • #4 Concrete Deck, deck drains and related work. • #5 Mechanical -plumbing, HVAC, controls and drainage • #6 Electrical, deck lighting sound and security systems • No bids were received for bid packages numbers 7 and 8; Fencing and Landscaping, Irrigation, Turf and related work. • The Construction Manager has been in contact with the bidders to review their bid numbers and insure that there have been no errors made. • Because bid packages 3, 4 and 6 were over the budget projections, they are being reviewed for modifications to lower the contract amount. That work continues at this time. • At the Council workshop, the consultant and staff will present an updated budget and recommendations for award of the bid packages. • A local fencing contractor, who had obtained the bid plans, did not bid because he was not familiar with the ornamental fence shown at the entrance. • Two landscape firms also had worked on bids for the landscape work, but failed to meet the time line for bid submissions. • Both firms indicated a willingness to bid the project. Neither bid package is critical for award at this time, as the work would be done in the spring of next year. ATTACHMENTS: Bid Tab - J0ac; a '1l To: Cherryl Mesko City of Eagan From: Mike Parsons 612 445-4191 8/28/98 9:49:16 Page 1 of 1 TABULATION SHEET, Family Aquatic Center, Eagan, MN, Bids Received, August 18, 1998, 2:00 PM w� Bidder ------- - -- Base Bid $ Bid Security Enclosed Receipt of Adm 1 & 2 Alternate 3.1 Add in -floor heat Base Bid and Alternate 5.1 Kelllington Construction 923,800 Yes Yes No Bid 348,400 Meisinger Construction 995,600 Yes Yes No Bid 335,636 The Builders, Inc. 996,000 Yes Yes 800 350,760 RJM Construction 1,187,000 Yes Yes 28,000 362,000 - 4 Concrete decks, deck drainsee &related work Bidder Base Bid $ Bid Security Enclosed Receipt of Adm 1 & 2 Alternate 5.1 Add in -floor heat Base Bid and Alternate 5.1 Kelbngton Construction 445,800 Yes Yes 59,400 348,400 Global Specialty 496,600 Yes Yes 36,800 335,636 RJM Construction 615,000 Yes Yes 44,400 350,760 Northland Concrete 663,000 Yes Yes 48,000 362,000 - S Mechanical —plumbing, hvac, controls & dralnage work Bidder Base Bid $ Bid Security Enclosed Receipt of Adm 1 & 2 Alternate 5.1 Add in -floor heat Base Bid and Alternate 5.1 Swanson Plumbing & Heating 289,000 Yes Yes 59,400 348,400 Anderson Mechanical, Inc 298,836 Yes Yes 36,800 335,636 Northland Mechanical 306,360 Yes Yes 44,400 350,760 Klamm Mechanical 314,000 Yes Yes 48,000 362,000 State Mechanical 317,640 Yes _ Yes 27,170 344,810 - 6 Electrical, deck lighting, sound system 8c related work Bidder v Base Bid $ Bid Security Enclosed Receipt of Adm 1 & 2 Alternate 7.1 Add,concrete base at perimeter fence Burnsville Electric 359,800 Yes Yes EtM 369,550 Yes Yes J.W. Koehler Electric 387,000 Yes Yes Kehne Electric 424,700 Yes _ Yes Bidder Base Bid $ Bid Security Enclosed Receipt of Adm 1 & 2 Alternate 7.1 Add,concrete base at perimeter fence No bids , Bidder Base Bid $ Bid Security Enclosed Receipt of Adm 1 & 2 No bids , R..94% Construction Manager — Greystone Construction Architect — Water Technology, Inc Owner — City of Eagan 612-445-4191 08-28-98 09:59AM P001 #43 Agenda Information Memo September 1, 1998 Eagan City Council Meeting O. CONTRACT — LAWRENCE/LINDE HOME DEMOLITION ACTION TO BE CONSIDERED: To receive the bids for demolition of buildings on the property at 908, 912, and 916 Lawrence and 2795 and 2799 Linde Lane, award the contract to Hoffbeck Trucking, Inc. for the Base Bid in the amount of $ 31,040.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: On October 7, 1997 the City Council authorized the acquisition of five residential properties in the vicinity of the Airliner and Spruce motels to foster redevelopment with the Highway 55 Tax Increment Financing Redevelopment District. At 4:00 p.m. on August 12, 1998, formal bids were received for this project. At 9:00 a.m. on August 13, 1998 the formal bids were opened. A copy of the bid tabulation is enclosed. All bids have been reviewed for compliance with the bid specifications and references checked. The low bid from Hoffbeck Trucking, Inc. has been reviewed by the Planning and Protective Inspections Divisions and found to be in order for favorable Council action. ATTACHMENTS: Bid tabulation, page 941. 612.32:8151 P. C2 .-13-32 THU 02 01 PM DAKOTA COUNTY HRR FAX NO. 6124238180 BID RESULTS -DEMOLITION OF HOUSES ON LAWRENCE AVE.!LINDE LANE -CITY OF EAGAN Lu c m 2 c 1- C. c 4y Agenda Information Memo September 1, 1998 Eagan City Council Meeting P. CONTRACT — AIRLINER AND SPRUCE MOTELS DEMOLITION ACTION TO BE CONSIDERED: To receive the bids for demolition of the Airliner and Spruce motels (2788 and 2794 Highway 55), award the contract to Hoffbeck Trucking, Inc. for the Base Bid in the amount of $32,850.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: On June 16, 1998, the City Council formally approved a request by Wispark Corp. to incorporate the demolitions costs associated with the Airliner and Spruce motels as project costs for the Highway 55 Redevelopment Tax Increment District. At 4:00 p.m. on August 12, 1998, formal bids were received for this project. At 9:30 a.m. on August 13, 1998 the formal bids were opened. A copy of the bid tabulation is enclosed. All bids have been reviewed for compliance with the bid specifications and references checked. The low bid from Hoffbeck Trucking, Inc. has been reviewed by the Planning and Protective Inspections Divisions and found to be in order for favorable Council action. ATTACHMENTS: > Bid tabulation, page n. AIRLINER AND SPRUCE MOTEL DEMOLITION BID RESULTS (8-13-98) CONTRACTOR NAME BID AMOUNT Hoffbeck Trucking, Inc. $ 32,850 King Construction $ 48,000 Zappa and Sons Excavating $ 54,171 FW Gartner and Company $ 55,000 Frattalone Excavating and Grading $ 58,780 Veit and Company, Inc. $ 59,631 Bolander and Sons, Company $ 66,500 Kevitt Excavating, Inc. $ 68,254 Holst Excavating, Inc. $ 76,840 Kamish and Sons, Inc. $ 88,350 y6 Agenda Information Memo September 1, 1998 Q. NO -PARKING RESOLUTION LONE OAK ROAD ACTION TO BE CONSIDERED: To approve the resolution establishing No -Parking on Lone Oak Road (County Road 26), from Neil Armstrong Boulevard to Lone Oak Drive and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Lone Oak Road, from Neil Armstrong Boulevard to '/< mile east of Trunk Highway 55, is scheduled for reconstruction in 1999. The County has tentatively scheduled the contract award for October 19, 1998. • Lone Oak Road is a County State Aid Highway and is accordingly eligible for reimbursement of construction costs through the Minnesota Department of Transportation (Mn/DOT), State Aid. • Dakota County has submitted plans to Mn/DOT for approval of the upgrade to the four -lane divided urban street section. The proposed street section does not allow on -street parking. • Mn/DOT will not approve the street design and the reimbursement of State Aid funds without the assurance that parking will not be allowed on the improved section of road. ATTACHMENTS: Letter from Dakota County, page / a . No -Parking Resolution, page . 1/7 DAKOTA COUNTY TA co HIGHWAY DEPARTMENT 14955 GALAXIE AVENUE 3RD FLOOR tljNNES° P August 25,1998 Mr. Russ Matthys, P.E. City Of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 Re: Project 26-28 (SAP 19 626-12) No Parking Resolution Dear Mr. Matthys: DONALD J. THEISEN, P.E. COUNTY ENGINEER Telephone (612) 891-7100 Fax (612) 891-7127 APPLE VALLEY, MINNESOTA 55124-8579 I am requesting that Eagan pass the attached No -Parking resolution for County State Aid Highway 26 between Neil Armstrong Blvd. and Lone Oak Drive. State Aid Plan approval is contingent upon receipt of a resolution prohibiting parking on this section of CSAH 26. Dakota County policy authorizes the County Engineer to place "No Parking" signs on County Roads in cooperation with City resolutions restricting parking. This Process promotes agreement between the City and County when restricting parking on County Roads and meets State Aid Requirements. Please present this resolution to the City Council for consideration at the earliest possible meeting and send me a copy of the completed resolution. This is part of our submittal package to State Aid so time is of the essence. Thank you. Sincerely, Robert A. Clark Design Supervisor Encl. No-pk.26-28 e..............e..,,�ie� manor Mom Bost -consumer AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION RELATING TO PARKING RESTRICTIONS ON SAP 19-626-12 (CP 26-28), C.S.A.H. 26 from Neil Armstrong Boulevard To Lone Oak Drive in the City of Eagan, Minnesota THIS RESOLUTION, passed this 1St day of September, 1998, by the City of Eagan, in Dakota County, Minnesota. The Municipal Corporation shall hereinafter be called the City, WITNESSETH: WHEREAS, the City and Dakota County have planned the improvement of CSAH 26 from Neil Armstrong Boulevard to Lone Oak Drive; and, WHEREAS, the County and City will be expending State Aid Funds on the improvement of this highway; and, WHEREAS, this improvement does not provide adequate width for parking on both sides of the road; and approval of the proposed construction as a State Aid Highway project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS THEREBY RESOLVED: That the City shall ban the parking of motor vehicles on both sides of CSAH 26 between Neil Armstrong Boulevard and Lone Oak Drive at all times. DATED this 151 day of September, 1998. ATTEST: E.J. VanOverbeke, City Clerk State of Minnesota County of Dakota City of Eagan Thomas A. Egan, Mayor CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 1st day of September, 1998, as disclosed by the records of said City in my possession. G RESOLUT]ONS.TIo Parking — Neil Armstrong Blvd w9 E.J. VanOverbeke, City Clerk Agenda Information Memo September 1, 1998 R. LEXINGTON ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public right-of-way and drainage and utility easements within the Lexington Addition, and schedule a public hearing to be held on October 6, 1998. FACTS: • City staff has received a request from Jim Ostensen of James Development Company to vacate all public right-of-way and drainage and utility easements recorded as part of the plat of the Lexington Addition. Mr. Ostensen is redeveloping a portion of the plat for a Home Depot Store. • Lexington Addition was platted before the design and construction of the Eagan Promenade, and consequently, Northwood Parkway and Promenade Avenue. The public right-of-way dedicated as part of the original plat is no longer appropriate or desired by the City. • City engineering staff will review the site plan for the replatting of the property to evaluate the site for drainage and utility easements consistent with current requirements. • The purpose for the request to vacate the easements is to enable the redevelopment of the property. ATTACHMENTS: • Location map, page 5/ . • Legal description graphic, page So PROPOSD VACATION city of eagan PUBLIC WORKS DEPARTMENT s/ LOCATION MAP .Y M.% 0 YM AIN ro wog— a nl —10=76/117- now 9t0 --WTD l YIW Ale .001 —R7R.a 300 044 MWf / ..f •N .. W r+•.�.M r ...r.. N. w .M. r .M...+ 4444.1 MM-..wna w t-mti.tl lyoftorny Mf _WY lofty MwMemY • N MM -.M /TV tiM-urlbu Mt_ —'MMY u .MY WI +ter * I IOO •r r .+Aro W Or 10d30 3WOH 3H1 •ONI 3aninLIN3d VMOsavi 9213SN3360 N11 'NVOV3 NOI1vOYA M03 HO13HS NOIidI80530 1— 111161411 NOLSI 31 4 .pr . RR�a S,CS64m1,"1,016 04`197 141161144 iaVwNOw e ti \ skart�cncw...i,...Nrntmmfmnr..saetsn.sanoa \-- - 1 a i '1 s Agenda Information Memo September 1, 1998 S. PROJECT 748, JOHNNY CAKE RIDGE ROAD ACTION TO BE CONSIDERED: Receive the petition from the developer, Pulte Homes, and authorize the preparation of a feasibility report for Project 748 (Johnny Cake Ridge Road — Street and Utility Improvements). FACTS • City Council has approved a preliminary subdivision for a residential development (proposed Oakbrooke subdivision) located along the east side of Interstate 35-E between Diffley Road and Deerwood Drive. • The petition is requesting that the City authorize a public improvement for the street, sanitary sewer, water, storm sewer, and streetlights for Johnny Cake Ridge Road within the proposed development. • The construction of this portion of Johnny Cake Ridge Road was programmed for 1998 in the 1998-2002 5 -Year CIP, dependent upon the development status. • Based on the CIP schedule and the approval of the preliminary subdivision, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to further refine the scope, cost, schedule and method of financing the construction of the street and utilities for this segment of Johnny Cake Ridge Road. ATTACHMENTS • Developer's letter/petition, pages Suril and Ss . Pulte Homes of Minnesota August 26, 1998 Mr. Michael J. Ridley, Senior Planner CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Oakbrooke Dear Mr. Ridley: AUG 2 r 1y`+ Please find attached the original Petition for public improvements for Johnny Cake Ridge Road within the Oakbrooke subdivision. The original is signed by Mr. Ronald Cornwell and myself. Mr. Hugh Thorson executed the Petition via facsimile from California. 1 understand that this Petition will be presented to the Eagan City Council on September 1, 1998, to order the feasibility report for the public improvement. Please do not hesitate to call me if you have any questions or comments on this matter. Sincerely, PULT HOMES OF MINNESOTA CORPORATION Den is R. Griswold, R.L.A. Director of Land Encl. sy 1355 NIENDOTA HEIGHTS ROAD • SUITE 300 • MENDOTA HEIGHTS • MINNESOTA 55120-1112 PHONE: 1(,I21452-5200 • FAX: (612) 452-5727 • LICENSE#: 0001371 AUG -24-1998 09:55 LOCATION/SUBDIYISION FORTE RANCH HOMES PETITION OAKBROOKE F.01 POR CITY USE ONLY Petidoe No. Date Received Pretreated to Come I We, the undersigned, owners of the reel property adjacent to DIFFLEY ROAD & 35 E (Street) or within QAKBROOKE Subdivision, hereby petition for Street Improvements Sanitary Sewer Water Supply Stora Sewer Street tights Other (Exp) X x emmolLalb IIWe understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of tbaese improvements will be tabulated. IIWe understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public haring, LiWe hereby ; guarantee payment for all costs incurred in the preparation of this feasibility report 3. L7� �j / pJl Z7LR- or 1 - RATE H e3 a bv....)007,1 Ave ilWe �. y ur is to the public herring and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded (Signature) (Signature) 0: FasosdtL sis/FeasdevFm.dx • S197 TOTAL P.03 TOTAL P.01 Agenda Information Memo September 1, 1998 FUBLIC HEARINGS A. PROJECT 692, OLD SIBLEY HIGHWAY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 692 (Old Sibley Highway — Street and Utilities) and authorize its certification to Dakota County for collection. FACTS: • Project 692 provided for the reconstruction of Old Sibley Highway and the extension of sanitary sewer and water main to service the Eagan Heights Townhome development located north of Diffley Road and west of Cedar Freeway. • The final assessment roll was presented to the City Council on August 4, 1998. A public hearing was scheduled for September 1 to formally present the final assessment costs associated with this public improvement to the owners of the affected benefiting properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held on August 20 at 4:30 p.m. to present the final costs to the property owners and provide any additional information of interest to the property owners. Of the parcels being assessed, the owner of one property attended the informational meeting. ISSUES: • Greg Preusse, Wenzel Heating and Air Conditioning, attended the informational meeting. He recently purchased two parcels from Ferrel Gas that are included on the assessment roll. He has assumed all the pending assessments as part of the purchase agreement. He does not agree that his property is benefiting from the improvements and has some issues with the contractor and the acquisition of the easement across his property. Staff was unaware of some of his issues until the informational meeting. Staff will have information available at the public hearing to respond to his concerns. ATTACHMENTS: • Final Assessment Summary sheet, page S . Final assessment report included without page number. • Minutes From Informational Neighborhood Meeting, pages Sp through 51 . FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 692 ASSESSMENT - September 1 1998 NAME - Old Sibley Highway [MPROVEMIENT - April 1. 1997. October 2. 1995 IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R RATE RATE UNITS SANITARY SEWER ❑ Trunk • Lateral ❑ Service ❑ Lat. Benefit/trunk $3.379.19 34.540.00 /ACRE STORM SEWER ❑ Trunk ❑ Lateral ❑ Lat. Benefit/trunk FINAL F.R RATE RATE UNITS WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base • Surfacing ❑ Res. Equiv. ❑ Multi. Equiv. ❑ C/I Equiv. ❑ Trail/Sidewalk 591.70 S100.64 -F_F. SERVICES ❑ Water & San Sewer DEVELOPER REQUESTS • Easement Costs 2 Storm Sewer 3229.39 394.32 /Unit /Unit CONTRACT NO. OF INTEREST AMOUNT CITY Q PARCELS TERMS RATE ASSESSED FINANCED (1)S427.000 F.R. (1) 327 780 F.R. 97-1 1 154 5 YRS 6.5°/2 5377.301.49 (2) $163 968.13 COMMENTS: (1) From hearing on April 1, 1997 amending the pending amounts. (2) Included in the construction of this contract was the installation of 3 pressure reducing stations and construction of a new outlet to Pond AP -21. The water trunk improvement in this project cost is S29,370. PROJECT 692 OLD SIBLEY HIGHWAY ASSESSMENT INFORMATIONAL MEETING THURSDAY, AUGUST 20, 1998 4:30 P.M. CONFERENCE ROOM 1A & 1B MINUTES Attendance: Russ Matthys, City Engineer; Greg Preusse, Wenzel Heating & Air Conditioning I. QUESTIONS/CONCERNS/DISCUSSION: 1. Street name — sign says Old Hwy. 13 vs. Old Sibley Memorial Hwy. Staff will review. 2. Sharpness of curve, prior to stop sign on Old Sibley Memorial Highway is too much for trucks. Intersection was designed to allow truck turning movements. Staff will double check to ensure that design is accurate. 3. Limited visibility — growth (trees/shrubs) in boulevard. Staff will review to ensure compliance. 4. Improper compaction over sanitary sewer trench across Ferrell gas/Wenzel property. Should be compensated for easement. Density tests were taken during construction to ensure proper compaction. Test results indicated adequate compaction. Staff was not aware of present concern. Easement was acquired legally by City from former property owner. 5. Placement of fill on Ferrell/Wenzel property — Ryan Contracting has not resolved anything with Ferrel. This is a private issue between the contractor and the property owner. Staff can contact contractor to encourage resolution, but it is private matter. 6. Why wasn't Group W Addition assessed? Improvements were not constructed adjacent to their property and accordingly no benefit was provided. Group W was required to improve road adjacent to their frontage at time of plat, within past 10 years. 7. Not benefited by sanitary sewer installation. Already had access to sanitary sewer on Old Sibley Memorial Hwy. Should not have to pay sanitary sewer assess. New sanitary sewer provides opportunity to subdivide property. 8. Road was in 'adequate condition before project. Street improvements were only done for townhouse development. Should not be assessed for street improvements. Property receives benefit from new concrete curb and gutter as well as new bituminous street surface. 51? INFORMATIONAL MEETING OLD SIBLEY HIGHWAY THURSDAY, AUGUST 20, 1998, 4:30 P.M. NAME 1. Gto 6b-toy,46essz 2.Z 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. H:FORMS/Sign-In ADDRESS rys-C)444s;764JGE - 41/ genda Information Memo September 1, 1998 B. PROJECT 743. TOWERVIEW ROAD/LEMAY LAKE UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 743 (Towerview Road/LeMay Lake - Utility Improvements) and, if approved, authorize the preparation of detailed plans and specifications. FACTS • The proposed project area is east of Pilot Knob Road on the south side of LeMay Lake. • The proposed improvements include public sanitary sewer and water to serve 3 residential properties. The properties are currently served by private wells and septic systems. • On April 22, 1998, City staff received a petition requesting the construction of public sanitary sewer and water main to serve the 3 properties. Two of the three affected property owners signed the petition. • On May 5, the City Council authorized staff to prepare a feasibility report considering the utility improvements at the east end of Towerview Road. • On August 4, the feasibility report for Project 743 was presented to the City Council and a public hearing was scheduled for September 1. • Staff has held numerous informal meetings with all three of the property owners. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • The proposed improvements would provide benefit solely to the three property owners. The estimated cost of the improvements is very expensive. Staff believes the property owners could construct private improvements at a significant cost reduction. • The City is currently in the process of considering acquisition of the most southerly of the three properties as part of Moonshine Park. ATTACHMENTS: • Feasibility Report, pages12/__through 1Y . City of eagan Report for Towerview Road/LeMay Lake Sanitary Sewer and Water Main Extension City Project No. 743 Eagan, Minnesota July 1998 File No. 4998803 ■ Bonestroo Rosene inAnderlik & Associates Engineers d Architects St. Paul, Minnesota i Bonestroo Rosene Anderlik & Associates Engineers & Architects July 27, 1998 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Bonrstron. Iioscoe.Anderhk 30(.1 Assncr. rtes nu IS .+n Alrirm,rnsr' Action EquOd Opportunity Employer Prrn<ip its Otto G. Bonestroo. PE • Joscon C AnJNIik PE • Marvin L. SorvaLI PE • Rich.irJ L. Rimer. PE • Glenn R. Cook, PE. • Robert G Schuric ht. PE • Jerry A. Bourdon. PE • Robert VI,'. Rosene. PE. and Susan M. Ebert n C PA Senior ConsulL.mis ASSOU.rte Principals: Howard A SdnfurJ. PE • Keith A. Gordon, PE. • Robert R Pfefferle. PF. • Ricn ire 'JV Fosttir. PE • David O. Loskot d PE. • Rohr' C Russek AJ. A. • Mark A. H,rmon. PE. • Michael T. R.rutrminn PE • Ted K Field. PE • Kerne!, P Anderson. PE. • Mdrk R. Rolf,. PE. • Sidney P Williamson. PE.. L.S. • Robert F. KotsieRE • Agnes M. Ring • Michael P Rau. PE. • Allan Rick Schmidt. PE. Of `ices. St P.tul. Rochester. Willmar and St Cloud. MN • Milwaukee. WI Website www bonestroo.com Re: Towerview Road/Lemay Lake Sanitary Sewer/Water Main Extension City Project No. 743 Our File No. 49-98-803 Dear Mayor and Council: Attached is our report for Towerview Road/ Lemay Lake — Project No. 743. Proposed sanitary sewer and water main improvements are presented and discussed within the report along with detailed cost estimates/assessments. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. Mark A. Hanson MAH: ajs Attachment Reviewed Bv: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws Af the te o Minnesota. Mark Hanson Date: July 27, 1998 Registration No. 14260 13 . Reviewed By: Department of Public Woks Finance Department ‘ez 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 Table of Contents Page No. Letter of Transmittal 1 Table of Contents 2 Scope 3 Feasibility and Recommendations 3 Discussion Sanitary Sewer 4 Water Main ..4 Cost Estimate 5 Easements and Permits 6 Area to be Included 6 Assessments .6 Revenue Sources 7 Project Schedule 7 Appendix A — Preliminary Cost Estimate 8 Appendix B — Preliminary Assessment Roll 9 Figure No. 1 — Location Plan Figure No. 2 — Sanitary Sewer Figure No. 3 — Water Main Scope This project provides for extending sanitary sewer and water main to serve three unplatted residential parcels located on the west side of Lemay Lake east of Towerview Road. The extensions are being considered based on a petition submitted by two property owners. The existing sanitary sewer and water main serving this area was constructed in Towerview Road and Quarry Lane in 1973. Feasibility and Recommendations The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Utility Plans. The project is necessary to provide public sanitary sewer and water to each property. Each property is presently served by on-site sewage treatment systems and private wells. It is not known whether the existing private facitlities comply with standards govern by the MPCA and DNR Shoreland Zoning/Eagan Ordinances for Lemay Lake. The improvements are cost effective based on the proximity of existing utilities in Towerview Road and Quarry Lane. From an engineering standpoint, the following items are recommended: • The City Council accept the feasibility report and schedule a public hearing for September 1, 1998. • The City Council and residents review whether it is feasible from a cost standpoint to serve the existing properties with public utilities. • Moonshine Park south of Parcel 041-31 will not benefit from this project. It is assumed Moonshine Park can receive sanitary sewer/water service from utilities in Jurdy Road if utility service is required. The Park Department shall determine when and if this service is required. • The cost estimate for a project of this type can be difficult to estimate based on its size, the bidding climate at the time bid, and the time constraints to construct the project. Therefore, in the event the estimate is exceeded a review should be made to determine if an advantage is gained by rebidding or combining this project with a similar project at a later date based on different conditions. dY Discussion Sanitary Sewer Sanitary sewer will be provided by constructing a lift station forcemain and gravity sewer within and adjacent to the private driveway serving each property. The proposed sanitary sewer extension is shown on Figure 2 located at the back of this report. The lift station will be a duplex grinder station constructed in accordance with Eagan standards. The forcemain is proposed to be directionally bored through Parcel 032-31 to minimize disturbance and connect to the existing manhole in Towerview Road and Quarry Lane. The gravity sewer is proposed to be constructed on the westerly side of the existing private drive on Parcel 033-31 where tree removal is required. An option to eliminate tree removal is to construct the gravity sanitary sewer in the existing private drive such that the drive would be reconstructed. Therefore, an optional cost is provided in this report to construct the gravity sanitary sewer in the existing private drive. Sanitary sewer services (4" diameter) will be extended 30' from the existing main line and plugged. The property owner will be responsible to construct the remaining private sewer service line to the house. Water Main Water main will be provided by constructing a 6" diameter main from the existing main in Towerview Road at Quarry Lane. The proposed water main extension is shown on Figure 3 located at the back of the report. The water main will be directionally bored across Parcel 032-31 adjacent to the proposed sanitary sewer forcemain. The water main alignment adjacent to the gravity sewer on Parcel 033-31 is also proposed to be open cut. Water services (1" diameter) will be extended 30' from the main. Similar to the sanitary sewer an option is provided to locate the gravity sewer and water main such that the existing private drive would be reconstructed. The water main material, because it is proposed to be directional bored, is a high- density polyethylene pipe (HDPE). Ductile iron pipe (DIP), which is a standard material for water main in Eagan, can not be directional bored. ts" 4 Cost Estimate A detailed cost estimate is presented in Appendix A located at the back of this report and is summarized below. The total estimated project cost is $110,220, which includes 10% contingencies and 30% for indirect costs. Indirect costs include administrative, engineering, interest, and legal expenses. For the purpose of this report it is assumed all easements will be granted at no cost. Sanitary Sewer Water Main Total Estimate Project Cost �65 $81,680 $28,540 $110,220 Easement and Permits The work will be constructed on private property except for that portion constructed on Towerview Road right-of-way. Permanent drainage and utility easements will be required from the following properties: Parcel 032-31 Parcel 033-31 Easement Area 6000 Square Feet 6600 Square Feet Permits for the project will be required from the following: MPCA Sewer Extension Permit MED Water Main Extension Permit Area to be Included NW 1/4 Section 10 Parcel 032-31 Parcel 033-31 Parcel 041-31 Assessments All project costs are lateral and proposed to be assessed equally to the three benefitting properties on a unit basis. The estimated unit assessment for sanitary sewer and water is as follows: Estimated Unit Assessment Sanitary Sewer $27,226 Water $9,513 Total $36,739 46.7 6 Revenue Sources All project costs are lateral and proposed to be assessed to the benefiting property. No revenue is proposed from the City of Eagan's Trunk Utility Funds. Project Schedule Present Draft Feasibility Report August 4, 1998 Public Hearing September 1, 1998 Approve Plans and Specifications September 15, 1998 Open Bids / Award Contract October 6, 1998 Substantial Completion November 20, 1998 Final Completion June 15, 1998 a 7 APPENDIX A PRELIMINARY COST ESTIMATE TOWERVIEW ROAD / LEMAY LAKE SANITARY SEWER / WATER MAIN EXTENSION CITY PROJECT NO. 743 A.) Sanitary Sewer 1 EA Submersible duplex grinder station @ $35,000/1s $35,000 520 LF 2" HDPE forcemain directional bore @ $15.00.1f 7,800 1 EA Connect to ex. MH @ $3,000/ea 3,000 4 EA Clear and grub trees @ $150/ea 600 250 LF 8" PVC sanitary sewer @ $20.00/1f 5,000 90 LF 4" PVC sanitary sewer service @ $8.00/1f 720 1 EA Std. 4' diameter MH with cstg @ $1,500/ea 1,500 1400 SY Sod @ $2.50/sy 3,500 Subtotal $57,120 +10% Contingency 5,710 Subtotal $62,830 +30% Indirect Cost 18,850 TOTAL $81,680 B.) Water Main 450 LF 6" Water Main directional bore @ $25.00/1f $11,250 1 EA Connect to ex. 6" DIP @ $1500/ea 1,500 280 LF 6" HDPE water main @ $15.00/11 4,200 1 EA Hydrant @ $1500/1f 1,500 3 EA 1" Service w/fittings @ $500/ea 1,500 Subtotal $19,950 +10% Contingency 2,000 Subtotal $21,950 +30% Contingency 6,590 TOTAL $28,540 Optional — Private Drive Reconstruction (12' wide; 300 feet) 400 SY Remove bituminous pavement @ $2.70/sy $1,080 400 SY Subgrade preparation @ $1.35/sy 540 200 TN Class 5 aggregate base (6" thick) @ $10.00/tn 2,000 70 TN Bituminous mixture @ $50.00/tn 3,500 Subtotal $7,120 +10% Contingency 710 Subtotal $7,830 +30% Indirect Cost 2,350 TOTAL $10,180 G98 APPENDIX B PRELIMINARY ASSESSMENT ROLL TOWERVIEW ROAD/LEMAY LAKE SANITARY SEWER/WATER MAIN EXTENSION CITY PROJECT NO. 743 A.) Sanitary Sewer Parcel Description Lot Equivalents Lateral Total NW 1/4 Section 10 Parcel 032-31 Parcel 033-31 Parcel 041-31 Total 1 1 1 $27,226 $27,226 27,226 27,226 27.226 27.226 $81,680 $81,680 B.) Water Main Parcel Description Lot Equivalents Lateral Total NW 1/4 Section 10 Parcel 032-31 Parcel 033-31 Parcel 041-31 Total 1 1 1 70 9 $9513 $9,513 9513 9,513 9513 9.513 $28,540 $28,540 Parcel Description SUMMARY PRELIMINARY ASSESSMENT ROLL TOWERVIEW ROAD/LEMAY LAKE SANITARY SEWER/WATER MAIN EXTENSION CITY PROJECT NO. 743 Sanitary Sewer Water Main Lateral Lateral Total NW 1/4 Section 10 Parcel 032-31 27226 9513 36,740 Parcel 033-31 27226 9513 36,740 Parcel 041-31 27226 9513 36,740 Total 81,680 28,540 110,220 7/10 / N N N f PROJECT LOCATION LOCATION PLAN EAGAN, MINNESOTA FIGURE 1 TOWERVIEW ROAD/LEMAY LAKE CITY PROJECT No. 743 K:\49\4998803\49803F03.DWG JULY 1998 COMM. 4998803 Bonestroo Rosene is Anderlik 1 Associates Engineers & Architects n T I LEWD ' Lr( Existing Sanitary Sewer Connect Forcemain to Existing Manhole Service Area 010-30 i ADO TONE, 2 - 0 ✓/E4/ PO ' LUNKA 030-30 p 060-L_"' o 0 0-30 LA -J I ~- OL'AR.4Y al Bore orcemain Duplex Grinder Lift Station I, N 1 1 1 1 020 O'LTL 0- A 030-32 C4C-32 JURD" ROAD SANITARY SEWER IMPROVEMENTS EAGAN, MINNESOTA TOWERVIEW ROAD/LEMAY LAKE CITY PROJECT No. 743 K:\49\4998803\49803801 .DWG JULY 1998 FIGURE 2 3 COMM. 4998803 Bonestroo Rosene • Anderlik Associates Engineers & Architects Connect 6" Water Main to Existing LEW. / Directional Bore 400 L.F. 6" HDPE Water Main p ADD 12 ❑ ' 010-30 ° 1 LUNKA 0 030-30 Y__ n050-30 r— jOUAPRY L 050-'3" r 040-3v 0 // -- Open cut 280 L.F. 6" Water Main w/3 Water Services xistin• Private 1 Drive 1 1 1 MOONSr41NE PARK Service rea JURDY ROAD l WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA TOWERVIEW ROAD/LEMAY LAKE CITY PROJECT No. 743 K:\49\4998803\49803F01.DWG JULY 1998 FIGURE 3 9r COMM. 4998803 Bonestroo Rosene • Anderlik & Associates Engineers & Architects Agenda Information Memo September 1, 1998 Eagan City Council Meeting OLD BUSINESS A , PD AMENDMENT — DUKE REALTY ACTION TO BE CONSIDERED: > To approve or deny a Planned Development Amendment (to allow a 234,900 square foot office/showroom/warehouse) and Vacation of public easements upon property currently platted as Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition subject to the conditions in the APC meeting minutes. > To approve or deny a Final Plat (Silver Bell Commons) legally combining Lots 1, 2, and 3, Block 1, Dallas Development 2°a Addition into a single 16.6 acre parcel. FACTS: > The applicant originally proposed to construct two identical office/showroom/warehouse structures upon the subject property each measuring 98,000 square feet in size. > At their regular meeting on May 26, 1998, the Advisory Planning Commission held a public hearing to consider the original plan submission for a Planned Development Amendment and recommended approval subject to the conditions listed in the APC minutes. > This item was previously continued at the 2 June, 16 June and July 7 1998 meetings of the City Council at the applicant's request. > Since the 7 July City Council meeting, a modified development plan has been submitted which incorporates the following changes: • Total building area has been increased from 196,000 sf. (within two buildings) to 234,900 sf. (within a single building). • Semi -tractor trailer access to the site is to be provided solely from Kennebec Drive. • The structure is to be finished in colored precast concrete and glass. An "exterior insulating finishing system (EIFS) is to be utilized at the structures entry areas. • Building coverage has been increased from 27 to 31 percent. • The site's off-street parking supply has been increased from 442 to481 spaces. • Storm water from the development will not drain into the Highway 13 right-of- way as previously proposed. Thus, the condition requiring the acquisition of a MnDot permit to allow such drainage is no longer necessary. ➢ Due to the speculative nature of the proposed office/showroom warehouse building, the amount of office space has not been specified. Thus, conformance with applicable off-street parking requirements cannot be made at this time. �s > The easements were originally dedicated for the purposes of drainage and utilities upon the property. > The existing easements were created along the lot lines of the existing plat. Portions of the existing utility mains will be removed and relocated by the developer to avoid conflicts with the proposed development. > The utilities and access rights within the easements proposed to be vacated will be covered by easements dedicated as needed on the final subdivision plat of Silver Bell Commons at the time of recording. The vacations will avoid future title problems with underlying easements. > This vacation request has been reviewed by the Engineering Division and found to be order for favorable Council action subject to concurrent recording of the plat of Silver Bell Commons. ISSUES: > The amount "office" space within the building should be limited to that which can be sustained by the site's off-street parking supply (in accordance with City requirements). BACKGROUND/ATTACHMENTS: Minutes of the May 26, 1998 APC meeting, pagessjhrough 9?. Staff report, pages tOthrough 99. Revised Site Plan, pagV'j Revised Building Elevation, page/Q/ . Easement Vacation Maps, page /d,.Z. 'I6 Ikige 5 Ivlay 2(. I 99 ADVISORY I'LANNIN(. COMMISSION PLANNED DEVELOPMENT AMENDMENT DUKE REALTY INVESTMENTS DALLAS DEVELOPMENT 2ND ADDITION Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to allow the construction of two 98,000 square foot office/showroom/warehouse buildings upon a 16.6 acre parcel of land located northeast of Silver Bell Road between Highway 13 and Kennebec Drive on property currently platted as Lots 1, 2 and 3, Block 1, Dallas Development 2nd Addition. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated May 20, 1998. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Craig Flandermeier representing the applicant, requested that the Commission review the possibility of allowing painted precast material for the construction of the building. Mr. Flandermeier suggested the matter was an economic issue which would effect the achievable rents for the project. He also questioned whether the trash enclosure could be eliminated considering its location in the central courtyard (between the two buildings). No one from the public appeared and Chair Heyl closed the public hearing. Senior Planner Ridley in a response to a question from Member Steininger indicated that in 1995 the City Code was amended to eliminate the use of painted concrete block in industrial settings. Member Frank asked what color the building intended to be and that it looked too large and too white. Member Frank also sought clarification on whether an additional condition needed to be added to address the amount of square footage that could be devoted to office use. Planner Kirmis stated that the overall usage of the property relates to the parking requirements and that the amount of allowable office area will be controlled through the parking. Member Carlson, with support from Member Frank and Chair Heyl, expressed her desire to keep the trash enclosure as a condition. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Planned Development Amendment to allow the construction of two 98,000 square foot office/showroom/warehouse buildings upon a 16.6 acre parcel of land located 17 Page 6 Mav 26. 1 `)9 ADVISORY I'I.IWNIN( COMMISSION northeast of Silver Bell Road between Highway 13 and Kennebec Drive on property currently platted as Lots 1, 2 and 3, Block 1, Dallas Development 2nd Addition, subject to the following conditions: 1. Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition shall be replatted as a single parcel. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 3. The following exhibits are required for the Final Planned Development Agreement: Final Site Plan Final Landscape Plan Final Building Elevations and Signage Plan Lighting Plan 4. The Final Site Plan shall be modified to specify that semi -tractor trailer and/or tractor egress onto Silver Bell Road shall be prohibited. 5. Use of the structures shall be limited to office/showroom/warehouse activities. 6. The proposed precast concrete finish materials shall be integrally treated with an applied decorative material or texture. 7. The Final Site Plan shall be revised to accurately specify a building. coverage of 27 rather than 3.7 percent. 8. The outside storage of materials, other than trash handling/recycling containers, shall be prohibited. 9. Existing drainage and utility easements shall be vacated prior to Final Plat approval. 10. The applicant shall obtain a permit from MnDOT to allow drainage from the development onto the Hwy. 13 right-of-way. 11. All trash/recycling containers shall be stored within the principal building or within an enclosure consistent with City Code Requirements. Page 7 May 26, 1998 ADVISORY PLANNING COMMISSION 12. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 14. A comprehensive signage plan shall be submitted which specifies general sign locations and design (type, size etc.). All site signage shall comply with applicable provisions of the City Sign Code. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 20, 1998 APPLICANT: Duke Realty Investments PROPERTY OWNER: Duke Realty Investments REQUEST: PD Amendment/Final PD/Final Plat LOCATION: Lots 1, 2 and 3, Block 1 Dallas Development 2nd Addition COMPREHENSIVE PLAN: Limited Industrial ZONING: PD, Planned Development CASE: 18 -FD -04-04-98 HEARING DATE: May 26, 1998 PREPARED BY: Bob Kirmis SUMMARY OF REQUEST Duke Realty Investments is requesting approval of a Planned Development Amendment to allow the construction of two 98,000 square foot office/showroom/warehouse buildings upon a 16.6 acre parcel of land located northeast of Silver Bell Road between Highway 13 and Kennebec Drive on property currently platted as Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition. Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. s>0 Planning Report — Duke Realty May 26, 1998 Page 2 BACKGROUND/HISTORY The subject site is currently part of the Dallas Development 2nd Addition PD (approved in November of 1987). The original PD approval involved the creation of 3 lots intended to be occupied by an office/showroom, a retail facility and a private school (designed to office use standards). Because a PD Agreement was never executed, no formal PD expiration date exists. EXISTING CONDITIONS The site in question is relatively flat with slightly lower elevations existing in the east -central portion of the property. There is no significant vegetation on the site. As part of the initial PD approval, the site was subdivided into three individual lots. Thus, a replatting of the property into a single lot will be necessary (including the vacation of interior drainage and utility easements). In recognition of the current lot configuration, the subject site is provided access via four points; two via Kennebec Drive and two via Silver Bell Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant and Freightmasters, zoned I-1, Limited Industrial and guided IND, Limited Industrial South - Highway 13/Silver Bell Center, zoned and guided NB, Neighborhood Business East - Silver Bell Business Center, zoned PD, Planned Development and guided IND, Limited Industrial West - Seneca Building, zoned I-1, Limited Industrial and guided IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area The subject site is bounded on the north and east by trucking operations. Uses to the south and east are somewhat less intense (i.e. office and retail commercial uses). In recognition of the differing land use intensities which border the subject property as well as the site's visibility, some concern exists regarding proposed truck maneuvering in the western portion of the site. Specific details related to this issue will be discussed further in the site plan section of this report. Provided automobile and truck related conflicts are satisfactorily addressed and/or minimized, the proposed use appears to be compatible with surrounding uses in the area. 7/ Planning Rcport — Duke Realty May 26. 1998 Page 3 Airport Noise Considerations - The City of Eagan considered airport noise in its Comprehensive Land Use Guide Plan. With the State of Minnesota's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter of the Metropolitan Development Guide that anticipates the impacts from continued airport operations at this site. The noise policy contour associated with the proposed north -south runway the subject property within Noise Zone IV, office/showroom/warehouse uses are consistent. Lots - As previously mentioned, the site in question currently overlays three individual parcels of land (Lots 1, 2 and 3 Dallas Development 2"d Addition). In conjunction with the proposed PD Amendment, a combination of the three lots into a single 16.6 acre parcel has been proposed (via a replat). Site Plan - The submitted site plan illustrates two identical office/showroom/warehouse structures each measuring 98,000 square feet in size. Approximately 26 percent of each structure is to be devoted to office use. Each building has been designed to potentially accommodate up to six tenants (specific tenants have not been identified). As a condition of Final PD approval, use of the buildings should be limited to office/showroom/warehouse activities. Truck loading activities are to take place in a centrally located "court" area that exists between the two structures. Off-street parking is to be provided along the perimeter of the site. Access to the property is to be provided via a single curb cut from Silver Bell Road (a consolidation of two existing curb cuts) and via two existing curb cuts from Kennebec Drive. As noted previously, staff has some concern regarding potential automobile and semi -tractor trailer conflicts which may exist at the sites westerly access (from Silver Bell Road). Of particular issue are conflicts that may result from the exiting of 65 foot long semi -tractor trailers to the southbound lane of Silver Bell Road. In response to this concern, the applicant has proposed to allow truck egress only along Kennebec Drive (thereby prohibiting exit maneuvers upon Silver Bell Road). As a condition of Final PD approval, the site plan should be revised to specify (and illustrate any related design changes) that semi -tractor trailer and/or tractor egress onto Silver Bell Road shall be prohibited. Setbacks - Although the Zoning Code does not have specific setback requirements for a Planned Development, both buildings meet or exceed standard setback requirements which would be applied to similar uses in other zoning districts (i.e. the I-1 zone). Landscaping - The landscape plan appears to provide adequate screening of off-street parking areas. Specifically, off-street parking areas are to be screened via a combination of coniferous trees (i.e. White Spruce, Colorado Green Spruce, Black Hills Spruce and Austrian Pine) and ornamental shrubs. A significant amount of new vegetation is also to be provided along the site's eastern boundary where a variety of eight foot high coniferous trees have been proposed. Building Materials - According to the submitted building elevations, the proposed office/showroom/warehouse structures are to be finished in painted pre -cast concrete wall panels with painted horizontal accent "bands". The City Code does not establish specific building 8� Planning Report — Dukc Realty May 2G, 1998 Page 4 material requirements for structures within PD zoning districts. In this particular instance however, the city's industrial district standards are considered applicable. While precast concrete is considered an acceptable finish material in industrial zones, such material is allowed only if the surfaces have been integrally treated with an applied decorative material or texture. As a condition of Final PD approval, exterior pre -cast concrete panels must satisfy I-1 district building material requirements. Building Height - The proposed office/showroom/warehouse structures are to measure 28'-9" in height and appear to comply with the maximum 40 foot requirement applied in the parallel I-1 zone. Building Coverage —With a proposed building coverage of approximately 27 percent, maximum building coverage requirements have been met. The submitted site plan inaccurately specifies a building coverage of 3.7 percent. As a condition of Final PD approval, this error should be corrected. Outside Storage - According to the applicant, no outdoor storage activities are to take place upon the subject property. As a condition of PD approval, outside storage will be prohibited. Mechanical Equipment - No rooftop equipment is shown on the submitted plans. Any rooftop equipment should be screened from view of all public rights-of-way. Trash Enclosure - Outdoor trash enclosures are not shown on the site plan. All trash and recyclable materials must be stored inside the principal buildings or within a trash enclosure, attached to the principalbuilding, which satisfies city code requirements. Grading - The site has been previously graded. Minimal grading will be required to prepare the site for the proposed development. Storm Drainage - Existing storm sewer is available for connection by the development. Modifications to the existing on-site storm sewer will be necessary. A portion of the development's storm water runoff is proposed to drain onto the Hwy. 13 right-of-way south of the site. A permit from MnDOT will be required to cover this drainage onto state right-of-way. Utilities - Sanitary sewer and water main are available for connection by this development. Modifications to the existing on-site sanitary sewer and water main systems will be necessary to accommodate this development. Streets/ Access/ Circulation - Public street access is proposed from three entrance locations; two onto Kennebec Drive to the north and one onto Silver Bell Road to the west. Easements/ Permits/ Right-of-Wav - The developer has petitioned for the vacation of drainage and utility easements that will be unnecessary with the proposed modifications of the sanitary sewer and water main systems on the site. These easements should be vacated prior to Final Plat approval. �'3 Planning Report - Dukc Realty May 26, 1998 Page 5 The applicant should obtain a permit from MnDOT to allow drainage from the development onto the Hwy. 13 right-of-way. Off -Street Parking - As calculated below, a total of 434 off-street parking spaces are required of the proposed office/showroom/warehouse: Use Ratio Required Spaces Office (42,092 NSF) 1 space per 150 NSF 281 Warehouse (143,385 GSF) 1 space per 400 GSF (<6,000 sf) 1 space per 1,000 GSF (>6,000 sf) 15 138 Total 434 ll Note: Warehouse square footage aotment and calculation includes s owroom As shown on the site plan, a total of 442 off-street parking spaces have been proposed. Thus, applicable off-street parking supply requirements have been satisfied. In no case should the ratio of office use be increased such that adequate off-street parking cannot be provided. In accordance with State requirements, ample handicap parking has also been provided. All off-street parking stalls have been found to comply with minimum dimensional requirements of the City. Site Lighting - As a condition of Final PD approval, exterior lighting locations should be identified upon the site pian and building elevations (if applicable). All exterior lighting should be hooded and directed to deflect light away from adjacent properties and rights-of-way. Signage - Detailed sign plans were not included in this submittal. While it is recognized that prospective building tenants and signage needs are undetermined at this time, an assurance should be provided that site signage will be designed and erected in a visually consistent and compatible manner. As a condition of PD Amendment approval, a comprehensive signage plan should be submitted which identifies general sign locations and design. All site signage must comply with City Sign Code requirements including those regulating location, area, height and setback. Tree Preservation - There are no significant trees or woodlands on the property. SUMMARY/CONCLUSION The applicant is requesting a Planned Development Amendment to allow the construction of two 98,000 square foot office/showroom/warehouse buildings upon a 16.6 acre site located northeast of Silver Bell Road between Highway 13 and Kennebec Drive. The proposed office/showroom/warehouse use and design appear compatible with existing and anticipated surrounding uses. ?y Planning Report — Dukc Realty May 26, 1998 Page 6 ACTION TO BE CONSIDERED To recommend approval or denial of a Planned Development Amendment to allow two 98,000 square foot office/showroom/warehouse buildings upon the subject property currently platted as Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition. If approved, the following conditions should apply: 1. Lots 1, 2, and 3, Block 1, Dallas Development rd Addition shall be replatted as a single parcel. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 3. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Lighting Plan 4. The Final Site Plan shall be modified to specify that semi -tractor trailer and/or tractor egress onto Silver Bell Road shall be prohibited. 5. Use of the structures shall be limited to office/showroom/warehouse activities. 6. The proposed precast concrete finish materials shall be integrally treated with an applied decorative material or texture. 7. The Final Site Plan shall be revised to accurately specify a building coverage of 27 rather than 3.7 percent. 8. The outside storage of materials, other than trash handling/recycling containers, shall be prohibited. 9. Existing drainage and utility easements shall be vacated prior to Final Plat approval. 10. The applicant shall obtain a permit from MnDOT to allow drainage from the development onto the Hwy. 13 right-of-way. Planning Report — Duke Realty May 26, 1998 Page 7 11. All trash/recycling containers shall be stored within the principal buildings or within an enclosure consistent with City Code Requirements. 12. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 14. A comprehensive signage plan shall be submitted which specifies general sign locations and design (type, size etc.). All site signage shall comply with applicable provisions of the City Sign Code. FINANCIAL OBLIGATION — Silver Bell Commons There are pay-off balances of special assessments totaling $16,992 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 None 4* Location Map 0 . 0• 40 --Tr(> AS 4 • =c wok 4VfilN9047410111111 C3 •tiImmo Pi _Imes 1 1 EM; 1 e jl 7 IM i�rraper J4r � av�eevom"o • 1 • Min 01111111111SINI n0 '1 a �V rmnst,7-, —„pilrarzeik 17,3 1.11C11 4-littem.41 LSISCIP•Ii9.161441-- 74 41144.1.1 13;i1.4:16111; IFICei 7Z4 o paia:9 b ����' C�iD ��� I�t♦5 40*.*b-.. `7. `''< _ &iiia fr/d?u[Jrr Ar�t.7707 At2 mit 4',eo a�ANeeoAtiiitaiiii--.1ii-iiiin 'Jr -4A, ©;;p �� 4V")) )or t- 9 •0 ria 4, AtAileri ii ilkmow 1 eVI•FSC EsL,Ov;e its+ TOilteiltigii tlar�� aFG-63Q 4egttigtA cm It. 115:41:1. Pi till y��wi�Xa 0112 R Gc0.1.I toton igla i,1 'nvatttivit MEG 03GCGa��ONO 1 UMI uRr un rilR, rise acs nn rite MCI BIM r � R 1 800 100 0 400 1200 1800 Feet Development/Developer: Dallas Development 2nd Addition Application: Planned Development Amendment Case No.: 18 -PA -02-04-98 City of Eagan 88 /' City of lagan Community Dovolop,nont Dopartrnont • Zoning Map 400 0 400 EGO Feet Development/Developer: Dallas Development 2nd Addition Case No.: 18 -PA -02-04-98 and 18 -FP -06-04-98 Current Zoning: PD Planned Development City of Eagan City of Mayan Community Development Department Comprehensive Guide Plan Map Development/Developer: Dallas Development 2nd Addition Case No.: 18 -PA -02-04-98 and 18 -FP -06-04-98 Current Guide Plan Designation: IND Limited Industrial City of Eagan 90 City of Eagan Community Development Department J Z ....J -0) INDNXJ1JAKI mVV( 11 11]U 2111115,r7.7:-..—..f____.?rs‘tr..!•'rer.7"— '.�_ -11M = of n ft•ssA •v act 0 C/) Z g E. Z 9 Z 0 0 ti 9/ ' !t r PREVIOUSLY APPROVED F : •••••, ..moi_.,. \. r ,',dry/ / li ..........--- ril " c 1 'I 1:• •'> r,^ — \ .�' V \ \\ .. \ \ \ • i EXISTING CONDITIONS 93 FINAL PLAT 7 f?' 1 I 10111 i i { k1ji1 �tILi! l�ihl!111ll' 1�1i����1if�1 _ 1 11 1 tli;' ,i'ii' 1� 5�3I 1. .;IIS,; 1it1�- = 1111 I'i'ih 1 3h1ij3{ a 1111111/1 11 111 2 1�� �• 111i111111 ( i 1i 0 0 0 0 0 11111 '; 1I h;$til:IMMO l`s111;' 1 I I gill ill ;) 11;r::1►1I ,•-i��•a1 N I► INVESTMENT lisle is 1 14.114 Cao 11 LANDSCAPE PLAT /1 0- L.111- 0- �._._ �. 111111 U�1 qli 0— Pi W' MUM f U�1 X11 ®1 —I '1= II !I o - 0— i m z 0 2 0 U J W cc W cn 0 W Z Z cs W BUILDING ELEVATION` 0- 0-- !� i i 1 1 i i i i 1 i i i I I I 0 j�rt- i i i i I i 0-- 1 1 0- i i I I I � I i 1 I I Q b b Of FLOOR PLA' z 1 c 0 0 0 1 1'; • 00 0> hhil Ato l, IT fa11 ;FAa .IiIi1 31�1a t SITE PLAN (REVISEF • • • • • .. • • • •14(4:1, • r • • pJ ti 1 ti • • 0 I 1 i E 114 0 1 /6/ BILDING ELEVATIONS (REVISE It €2) r L 1 1 i PROPOSED EASEMENT VACATION EXHIBIT EASEMENTS TO BE VACATED �1/[ DESCRIPTION All drainage and utility easments as recorded in the plat of DALLAS DEVELOPMENT 2ND ADDITION, according to the plat thereof on file and of record in the office of the County Recorder, Dakota County, Minnesota, being recorded in April, 1988. te, 8 N S O -T O 200 0 200 400 GRAPHIC SCALE - FEET JUSTIFICATION: The easements are being vacated in accordance with Dakota County and are to be vacated prior to the platting of SILVER BELL COMMONS. BOLTON Sc MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1515 EAST HIGHWAY 13, BURNSVILLE, MN 55337 (612) 890-0509 OTHER OFFICES IN FAIRMONT, MN • SLEEPY EYE, MN• • MANKATO, MN • AMES. IA • Agenda Information Memo September 1, 1998 Eagan City Council Meeting VIII. - NEW BUSINESS A. CONDITIONAL USE PERMIT— JEH/Eagle Supply ACTION TO BE CONSIDERED: > To approve or deny a Conditional Use Permit to allow the outside storage of roofing materials upon a 4.8 acre site located west of I -35E and south of Eagan Industrial Road (Lot 15, Block 5, Eagan Industrial Park) subject to the conditions listed in the APC meeting minutes. FACTS: > JEH/Eagle Supply occupies approximately 10,000 square feet of an existing 96,000 square foot warehouse that exists on the subject property. ➢ The proposed outdoor storage activities are proposed to be confined to an existing concrete pad located in the rear portion of the site. > No physical changes to the existing building or site have been proposed. ➢ While confined outdoor storage activities have historically occurred on site, a conditional use permit which would establish such activity as permissible has never been processed or approved. ➢ At their regular meeting on August 25, 1998, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. BACKGROUND/ATTACHMENTS August 25, 1998 APC Meeting Minutes page kQ y Staff report, pages/ 5 hrough //3 /a3 612 432 3780 SENT BY: 8-28-98 : 9:09 : Page 4 August 25, 1998 ADVISORY PLANNING COMMISSION SEVERSON SHELDON-, 681 4694:# 5/ 9 CONDITIONAL USE PERMIT JEH/EAGLE SUPPLY, INC. Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage on Lot 15, Block 5, Eagandale Center Industrial Park, located at 1170 Eagan Tndustrial Road in the SE1/4 of Section 3. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated August 18, 1998. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. The branch manager of the applicant appeared before the APC and noted that prior tenants had used the proposed area for outside storage and that other tenants in the location also have outside storage. Commission Chair Heyl closed the public hearing. Member Bakken found that the site is appropriate for this type of use as identified in the Trucking Study. Member Segal inquired as to the height of the material to be stored. The applicant stated that the average height should be approximately equal to thc 8 -foot fence around the area. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit Conditional Use Permit to allow outdoor storage on Lot 15, Block 5, Eagandale Center Industrial Park, located at 1170 Eagan Industrial Road in the SE'/i of Section 3, subject to the following conditions: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. 3. The height of the stored material shall not exceed ninc feet m height. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18 , 1998 CASE: 03 -CU -1407-98 APPLICANT: JEH/Eagle Supply, Inc. HEARING DATE: August 25, 1998 PROPERTY OWNER: AMB Property L.P. PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit (Outdoor Storage) LOCATION: Lot 15, Block 5, Eagan Center Industrial Park COMPREHENSIVE PLAN: Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST JEH/Eagle Supply has requested a Conditional Use Permit to allow outdoor storage of roofing materials (primarily shingles) upon a 4.8 acre parcel of land located west of I -35E and south of Eagan Industrial Road (Lot 15, Block 5 Eagandale Industrial Park). JEH/Eagle Supply occupies approximately 10,000 square feet of an existing 96,000 square foot warehouse that exists on the property. The proposed outdoor storage activities are to be located upon an existing concrete pad located in the rear portion of the property (adjacent to the building space occupied by JEH Eagle Supply). No physical changes to the existing building or site have been proposed AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. Planning Report — JEH/Eagle Supply August 25, 1998 Page 2 B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Outdoor Storage Conditions: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Planning Report — JEH/Eagle Supply August 25, 1998 Page 3 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The Eagandale Industrial Park subdivision within which the subject site is located was approved in 1967. The 96,000 square foot warehouse building in question was constructed in 1968. While it is understood that confined outdoor storage activities have historically occurred on site, a conditional use permit which would establish such activity as permissible has never been processed or approved. EXISTING CONDITIONS JEH/Eagle Supply presently leases the western 10,000 square feet of the multi -tenant structure in question. An elevated area exists directly west of the structure within which JEH/Eagle Supply proposes to store various roofing materials. The site is accessed via a single curb cut from Eagan Industrial Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Terminal Warehouse; zoned I-1, Limited Industrial and guided IND, Limited Industrial. South - Georgia Pacific; zoned I-1, Limited Industrial and guided IND, Limited Industrial. East - Office/warehouse (unoccupied); zoned I-1, Limited Industrial and guided IND, Limited Industrial. West - Terminal Warehouse; zoned I-1, Limited Industrial and guided IND, Limited Industrial. EVALUATION OF REQUEST Compatibility with Surrounding Area - The area in which JEH/Eagle Supply is located is characterized by warehousing/distribution center activities. The proposed outdoor storage activities are to be located in the rear yard (on the west side of the existing warehouse structure) and is not anticipated to negatively impact surrounding properties. /07 Planning Report — JEH/Eagle Supply August 25, 1998 Page 4 Site Plan - As mentioned previously, no physical changes to the site have been proposed. The proposed outdoor storage area is to be located in the rear portion of the property (upon an elevated concrete pad) and measures approximately 9,600 square feet in size. The proposed outdoor storage area is accessed through the principal building and is secured via an existing 5' — 6" chain link fence. Storage Materials - Recognizing that JEH/Eagle Supply leases a portion of the subject structure, it is not inconceivable that the space may be occupied by a different tenant in the future. In this regard, it is not considered appropriate to regulate the specific type of materials to be stored outdoors or limit outdoor storage to "roofing materials". As a condition of CUP approval however, outdoor storage should be confined to the outdoor storage area graphically depicted upon the submitted site plan. Setbacks - According to section 11.10 Subd. 29.2 of the City Code, outdoor storage areas must be located in side of rear yards and may not encroach into any required front building setback area or other required setbacks. As shown on the submitted site plan, the applicant wishes to store roofing materials upon an existing concrete slab (elevated) located along the subject property's rear lot line. According to the applicant's real estate representative, the area in which the outdoor storage of materials is proposed has historically been used for storage. Considering that the elevated storage area currently exists and is secured (via fencing), the proposed storage location appears acceptable. Off-street Parking - The proposed outdoor storage activities will not result in the loss of any off- street parking spaces. Landscaping/Screening - The Landscaping upon the subject property is confined to the front yard area of the site. Considering that the proposed outdoor storage area is afforded minimal if any visibility from the public right-of-way, no additional landscaping or screening has been proposed. Fencing - As previously indicated, the proposed outdoor storage area is currently secured via a 5' — 6" high fence. Grading/Storm Drainage - No physical changes to the site have been proposed that will affect storm water drainage. SUMMARY/CONCLUSION The proposed outdoor storage area is to be located in an area of limited visibility that has historically been used for outside storage. The outdoor storage activity appears compatible with the area and the standards set forth for outdoor storage by a business. The outdoor storage has been defined and does not compete with parking or landscaped areas. Planning Report — JEH/Eagle Supply August 25, 1998 Page 5 ACTION TO BE CONSIDERED The action for consideration is to recommend approval or denial of a Conditional Use Permit to allow the outside storage of materials upon property legally described as Lot 15, Block 5, Eagandale Center Industrial Park. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. /0 9 Conditional Use Permit 03 -CU -14-07-98 Lot 15, Block 5, ECIP #1 There are pay-off balances of special assessments totaling $-O-on the parcel for which the Conditional Use Permit is requested. At this time, there are pending assessments totaling $-0-on the parcel for which the Conditional Use Permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The collection of this financial obligation is not a condition for the approval of the Conditional Use Permit. The Financial Obligation will be collected at time of connection to the City's Utility System. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL -0- Location Map Development/Developer: JEH/Eagle Supply, Inc. Application: Conditional Use Permit Case No.: 03 -CU -14-07-98 411City of Eagan Con►1RNty Development Department /// Map prepared on August 14,11111e using !R$I ArcVI.w 3.0a RIs l:IglstlproJecbueport_•.ept Parcel base map Information provided by Dakota County Land Survey Dsparbnent ti W* E S Lr SU" SAN = — E-AGAN- - --INDUSTRIAL- ROA uG ,ELF 'H S50°14'00"E 2 IU 8 0) t0 10, 3O0 -OO END OF CURH��L, ; r,AS VAI VE R R SI :H 0 HYn R R S(7 N,- -ROCK GRASS USSIAN OLIVES TELEbUi }' GAR �Ip� BUSH (Typ.) MAPLE L I mr 11J U EC LL '-\ CC / <.,• /� /" SJ C.B. METER\l GUARD, RAIL'" CONC.U 12.4 0 M 124 CS. MC ME 2' ■ 4 CONC WALL--` T�->r—CONC. SURFACE VENTS1. .,♦ DIESEL PUMP 8.3 v FILLER */ 1 4.0-_ stic SI(D STEP z W TYPICAL co CONC DOCK Tw 0 T I 10 r 0 a sr L � -END OF WALL 160 AIR CONDITICNER AIR COND. CLEANOUT ELECTRIC TRANSFORMER FIRE HOSE HOOK-UP EX/ST/NG L� DCOR \ 1-- /'1 \ 1� co ' 1 • r DOOR(' 160 55• CHAIN LINK CONC WALL FENC `LOaDIN3 000R `ODOR -N 50°14'00"W - -30o.00 1' CONC WALL--• SITE SURVEY OUTSIDE STORAGE AREA EXHIBIT "A" TO TUE RIDER Im --0 0 0 --0 0 JEH/EAGLE SUPPLY (10,000 SF) PROPOSED OUTDOOR STORAGE AREA (9,600 SF) L 5u` //3 0 r FLOOR PLAN Agenda Information Memo September 1, 1998 Eagan City Council Meeting B. FINAL PLANNED DEVELOPMENT — CSM PROPERTIES ACTION TO BE CONSIDERED: > To approve or deny a Final Planned Development to allow two office/showroom buildings upon property currently platted as Lot 1, Block 1, Blue Ridge Second Addition subject to the conditions listed in the APC meeting minutes. FACTS: > The applicant has proposed to construct two office/showroom structures upon the subject 5.8 acre property. The northerly office/showroom building measures 32,290 square feet in size while the southerly structure measures 34,244 square feet in area. > The subject property comprises a portion of the 458 acre "Laukka-Beck" Planned Development located in the extreme northeast corner of the City. > The site is relatively flat and was rough graded as part of previous area development. > At their regular meeting on August 25, 1998, the Advisory Planning Commission held a public hearing to consider the site plan for the Final Planned Development and recommended approval subject to the conditions listed in the APC minutes. BACKGROUND/ATTACHMENTS: Minutes of the August 25, 1998 APC meeting, pageshrough� Staff report, pageVathrough 13 y� /1y SENT BY: 612 432 3780 8-28-98 : 9:10: SEVERSON SHELDON- 681 469.4:# 6/ 9 Page 5 August 25, 1998 ADVISORY PLANNLNO COMMISSION FINAL PLANNED DEVELOPMENT CSM PROPERTIES Commission Chair Heyl opened the next public hearing of the evening regarding a Site Plan approval to allow the construction of two office/showroom buildings upon a 5.8 acre parcel of land located south of Lone Oak Parkway and east of TH 149 (Dodd Road). The property is legally described as Lot 1, Block 1, Blue Ridge Second Addition. The northerly office/showroom building measures 32,290 square feet in size while the southerly structure measures 34,244 square feet in area. Approval of the site plan would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming Final PD Agreement. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated August 18, 1998. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mi•. Kirmis noted that the proposed office/showroom use and design are compatible with existing anticipated surrounding uses. Mr. Dave Carlin representing the applicant addressed the APC and stated that the applicant had purchased the remaining 56 acres from Wachovia and that he would be available for questions. Commission Chair Heyl closed the public hearing. Member Carlson stated that the proposal looked good. In response to a question by Member Frank, the applicant indicated that they could find three additional parking spaces for the site. Members Carlson and Frank found no problems with the proposed building coverage for the parcel. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Site Plan to allow the construction of two office/showroom buildings upon a 5.8 acre parcel of land located south of Lone Oak Parkway and east of TH 149 (Dodd Road). The property is legally described as Lot 1, Block 1, Blue Ridge Second Addition. The northerly office/showroom building measures 32,290 square feet in size while the southerly structure measures 34,244 square feet in area. Approval of the site plan would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming Final PD Agreement, subject to the following conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. SENT BY: 612 432 3780 8-28-98 : 9:10 : SEVERSON SHELDON 681 4694:# 7/ 9 Page 6 August 25, 1998 ADVISORY PLANNING COMMISSION 2. The following exhibits are required for the Final Planned Development Agreement: B. Final Site Plan C. Final Landscape Plan D. Final Building Elevations and Signage Plan E. Lighting Plan 3. The site plan shall be modified to provide three additional off-street parking spaces as required by City Code. 4. The outside storage of materials, other than trash handling/recycling containers, shall be prohibited. 5. Retail sales activities shall be prohibited. 6. The City finds the proposed building coverage (26 percent of the site) to be acceptable. All voted in favor. //6 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 1998 CASE: 01 -FD -10-07-98 APPLICANT: CSM Properties HEARING DATE: August 25, 1998 PROPERTY OWNER: CSM Properties PREPARED BY: Bob Kirmis REQUEST: Site Plan for Final Planned Development LOCATION: Lot 1, Block 1, Blue Ridge Second Addition COMPREHENSIVE PLAN: Commercial Planned Development ZONING: PD, Planned Development SUMMARY OF REQUEST CSM Properties is requesting Site Plan approval to allow the construction of two office/showroom buildings upon a 5.8 acre parcel of land located south of Lone Oak Parkway and east of TH 149 (Dodd Road). The property is legally described as Lot 1, Block 1, Blue Ridge Second Addition. The northerly office/showroom building measures 32,290 square feet in size while the southerly structure measures 34,244 square feet in area. Approval of the site plan would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming Final PD Agreement. BACKGROUND/HISTORY The 5.8 acre site in question comprises a portion of the 458 acre "Laukka-Beck" Planned Development located in the extreme northeast corner of the city. Originally approved in the spring of 1985, the Planned Development called for the establishment of office/retail, office retail/showroom, and research development uses throughout the 458 acre site. Other than plans associated with the Northwest Airlines corporate headquarters, no specific development plans for the balance of the property (platted as outlots) were provided. In 1989, the City approved a 35.6 acre, three lot subdivision entitled "Blue Ridge 2nd Addition" which includes the subject site. To date, only Lot 1 of the subdivision (which lies southwest of the subject site) has been developed accommodating the "Waters" office/showroom building. Planning Report — CSM Corporation August 25, 1998 Page 2 While the original Laukka-Beck PD Agreement (executed in the spring of 1985) established a ten year term, it has never been formally terminated by the city. Thus, the land use directives of the original PD are considered applicable. EXISTING CONDITIONS The site is relatively flat and was rough graded as part of previous area development. There is no significant vegetation within the interior of the site. There are however a number of deciduous tree stands located along the perimeter of the property. There are presently no curb cut access points to the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - United States Postal Service Office, zoned PD, Planned Development and guided CPD, Commercial Planned Development South - Undeveloped, zoned PD, Planned Development and guided CPD, Commercial Planned Development East - Silicon Graphics/Cray Research, zoned PD, Planned Development and guided CPD, Commercial Planned Development West - "The Waters" office building, zoned PD, Planned Development and guided CPD, Commercial Planned Development EVALUATION OF REQUEST Compatibility with SurroundinE Area - The subject site is bounded on the north, east and west by office/showroom type uses similar in character to that being proposed. Undeveloped lands to the south are likewise guided for office showroom type development. The proposed use appears to be compatible with existing surrounding uses and anticipated uses in the area. Lots - The lot in question measures 5.8 acres in size and exceeds minimum area requirements of the parallel RD, Research and Development zoning district. Site Plan - The submitted site plan illustrates two office/showroom buildings. The northerly structure measures 32,290 square feet in size while the southerly structure measures 34,244 square feet. Fifty percent of the floor area of each building is to be devoted to office use with 25 percent being devoted to manufacturing activity and 25 percent allocated for storage. Setbacks - Although the Zoning Code does not have specific setback requirements for a Planned Development, both buildings meet or exceed standard setback requirements which would be applied to similar uses in other zoning districts (i.e. the RD zone). Planning Report — CSM Corporation August 25, 1998 Page 3 Landscaping - The landscape plan appears to provide adequate screening of off-street parking areas. Specifically, off-street parking areas are to be screened via a combination of deciduous shade trees, deciduous ornamental trees, evergreens and shrubs. A significant amount of vegetation (a mixture of shade trees and shrubs) is also to be provided along the perimeter of the proposed buildings. Off-street Parking - As calculated below, a total of 232 off-street parking spaces are required of the proposed office/showroom development: Use Ratio Required Spaces Office (26,614 NSF) 1 space per 150 NSF 177 Manufacturing (16,333 GSF) 1 space per 800 GSF* 20 Warehouse (16,334 GSF) 1 space per 400 GSF (<6,000 sf) 15 1 space per 1,000 GSF (>6,000 sf) 10 Total 232 o standard for use exists within the code. Note: Warehouse square footage allotment and calculation includes '`showroom" area. As shown on the site plan, a total of 229 off-street parking spaces have been proposed. Thus. three additional off-street parking spaces should be provided to comply with applicable city In accordance with State requirements, ample handicap parking has been provided. All off-street parking stalls have been found to comply with minimum dimensional requirements of the City. Airport Noise Considerations - The City of Eagan considered airport noise in its Comprehensive Land Use Guide Plan. With the State of Minnesota's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter of the Metropolitan Development Guide that anticipates the impacts from continued airport operations at this site. The noise policy contour associated with the proposed north -south runway the subject property within Noise Zone IV, office/showroom uses are consistent. Building Materials - According to the submitted building elevations, the perimeter of the proposed office/showroom structures are to be finished face brick, glass and an exterior insulating finish system (i.e. dryvit). Cast stone accents are also to be provided. The interior "service court" of the structures is to be finished in integrally colored rock face block. The proposed building finish materials have been found to comply with applicable ordinance requirements. Building Coverage - With a proposed building coverage of approximately 26 percent, maximum building coverage requirements of the parallel RD District (20 percent) have been moderately /1"7 Planning Report — CSM Corporation August 25, 1998 Page 4 exceeded. Considering that such coverage limits are significantly less than that allowed in other commercial/industrial districts of the City (30-40 percent) and can be accommodated via the PD, the proposed building coverage is not anticipated to negatively impact the area and appears reasonable. Outside Storage - As a condition of PD approval, outside storage of materials, other than trash/recycling containers, will be prohibited. Mechanical Equipment - No rooftop equipment is shown on the submitted plans. Any rooftop equipment should be screened from view of all public rights-of-way. Trash Enclosure - Outdoor trash enclosures are not shown on the site plan. All trash and recyclable materials must be stored inside the principal buildings or within a trash enclosure, attached to the principal building, which satisfies city code requirements. Site Lighting - According to the submitted lighting plan, light standards measuring 25 feet in height are to be provided along the perimeter of the site (adjacent to off-street parking areas). As a condition of Final PD approval, all exterior lighting must be hooded and directed to deflect light away from adjacent properties and rights-of-way. Signage - While a monument sign has been proposed in the northwest corner of the site, detailed sign plans have not been submitted. As a "speculative development", the signage needs of prospective building tenants are undetermined at this time. To provide an assurance that site signage will be erected in a visually consistent and compatible manner, a comprehensive sign plan should be submitted which identifies general sign locations and design. All site signage must comply with City Sign Code requirements including those regulating area, height and setback. Grading - The site is lightly wooded and slopes gently to the south. The site has been previously graded and minimal grading will be required to accommodate the proposed development. Storm Drainage - Existing storm sewer is readily available within Waters Road. Storm water runoff from this development will drain to Pond FP -7, an existing pond south of Waters Road and Lone Oak Drive. Utilities - Sanitary sewer and water main services have been stubbed to the site from Waters Road. Streets/ Access/ Circulation - Driveway access to the site is proposed from five locations; one onto Lone Oak Drive to the east and four onto Waters Road to the west and south edges of the site. Wetlands/Water Quality - This development is located in drainage basin F in far northeast Eagan. The development will generate stormwater runoff that will be discharged to Pond FP -7, a dao Planning Report — CSM Corporation August 25, 1998 Page 5 designated nutrient trap. This parcel received subdivision approval from the City in the late 1980's prior to the date of adoption of the water quality management program and is therefore "grandfathered" with respect to the dedication requirements of the program. Thus, there is no water quality mitigation that will be recommended for this development. There are no jurisdictional wetlands on this parcel. Parks and Recreation - The proposed development will be subject to cash park and trail dedication. SUMMARY/CONCLUSION The applicant is requesting Site Plan approval to allow the construction of two office/showroom buildings measuring 32,290 and 34,244 square feet in size upon a 5.8 acre site located south of Lone Oak Parkway and east of TH 149. The proposed office/showroom use and design appear compatible with existing and anticipated surrounding uses. ACTION TO BE CONSIDERED To recommend approval or denial of a Site Plan to allow the construction of two office/showroom buildings measuring 32,290 and 34,244 square feet in size upon a 5.8 acre site platted as Lot 1, Block 1, Blue Ridge Second Addition. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 2. The following exhibits are required for the Final Planned Development Agreement: B. Final Site Plan C. Final Landscape Plan D. Final Building Elevations and Signage Plan E. Lighting Plan 3. The site plan shall be modified to provide three additional off-street parking spaces as required by the City Code. 4. The outside storage of materials, other than trash handling/recycling containers, shall be prohibited. 5. Retail sales activities shall be prohibited. Planning Report — CSM Corporation August 25, 1998 Page 6 6. The City finds the proposed building coverage (26 percent of the site) to be acceptable. Location Map Development/Developer: CSM Properties Application: Final Planned Development Case No.: 01 -FD -10-07-98 City of Eagan /023 City o/ Eagan Community DavNopmant Department E ZoningMap ) `► PD r PD I R-1 / 4+- h 1 1-1 d Subject Site z Q : Y 2 F \PD / PA. P D y'� illikill 0 PD 1-1 °A 111. PG 1,� =4 a s, PF as • s° iii 1 S T. S. A.X. NO. 6 !LONE OA IP as .....\1 PD T A , r-� 400 0 400 800 Feet Development/Developer: CSM Properties Case No.: 01 -FD -10-07-98 Current Zoning: PD Planned Development City of Eagan Community Development ent Peni �a2. Map prepared on august 14, 1S9a ualn ISMArcVlew 3.0a Ma [:\gls11pro)octalreportx.apr Parcel bane map Information provided by Dakota County Land Survey Department Zoning Information provided by Lawrence Group 1990 and by City Stall. w E S Comprehensive Guide Plan Land Use Map 400 0 400 000 Feet Development/Developer: CSM Properties Case No.: 01 -FD -10-07-98 Current Guide Plan Designation: CPD Commercial Planned Development City of Eagan CQII/1{ nityDevelopment Department 3, /2S Map prepared en august 14, 1180 using 851!1 ArcVlew 3.0. fll• [:\glsl\proJects\report a.apr Parcel base map Informallen provided by Dakota County Land Survey Department Comp. Guide Plan Information provided by Lawrence Group 1886 and updated by City Staff. ti W E 110!1V.10 .10J 6VS K NM TV amint .Int NVId 3/IS V1OS3NNINI 'NVJV3 SEBIVM 3Hl rd 437 5 SITE PLAN PIM *Illf NI TV VI gazu UO1�eio .zo j ti\5D IO • ...'p 1.1 „v„'D018 Wild 8OO1J , VIOSaNNn^1 'NV` YS o'zd S2:13/VM 9Nl 428 FLOOR PLAN (BLDG. 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'f� o h . ! 0 0 * \ lc $igiii. ii 0 0 0 LANDSCAPE PLAN iti Minnesota Lawful Gambling Application for Exempt Permit - LG220 Organization Information For Board Use Only Fee Paid Check No. Initials Received Type of Nonprofit Organization Check the box that best describes your organization: ® Fraternal ❑ Veteran ❑ Religious ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ❑ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) OSMAN SHRINE TEMPLE Organization name Previous lawful gambling exemption number OSMAN SHRINE TEMPLE AAONMS None Street City State/Zip Code County 2750 Sibley memorial Highway Eagan, Minn. 55121 Minn. Dakota Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO: ( 320 ) 829 - 0361 RONALD L. NELSON 651 452 - 5660 Name of teasurer of organization Daytime phone number of First name Last name treasurer: ( 651 699.E 7129 GEORGE TOBY 651 452 5660 Type of Nonprofit Organization Check the box that best describes your organization: ® Fraternal ❑ Veteran ❑ Religious ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ❑ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) OSMAN SHRINE TEMPLE Address (do not use PO box) City State/Zip Code County 2750 Sibley Mememorial Highway Eagan,Minnesota 55121 Dakota Date(s) of activity (for raffles, indicate the date of the drawing) :11C) --ICI s� 1, I a i 1 i }1,Gf ., , 11 . Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo ® Raffles ❑ *Paddlewheels ❑ `Pull -Tabs ❑'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules goveming lawful gambling activities. Page 1 of 2 3/98 Application for Exempt Permit - LG220 Page 3/98 Organization Name OSMAN SHRINE TEMPLE AAONMS Local Unit of Government Acknowledgment (R If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The city allows the Board to issue a permit before 30 days (60 days for a first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Print name of city: City of Eagan (Signature of city personnel receiving application) ur� Title lel/CCS Date 05 / / 1998 Chief Executive Officer's Signature If the gambling premises is located In a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permit after 30 ddys. 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. Documentation attached. 3. Deny the application by passing a resolution within 30 days. Print name of county: (Signature of county personnel receiving application) Title Date / / On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date / / The information provided in this application is com Chief Executive Officer's signature Name (please print) and accurate of my nowledge. RONALD L. NELSON Date OS" --1/ O7/ 98 Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of govemment, do not send the application to the Gambling Control Board. LG220 Rev06/95 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Recd Organization Name Street City 4/33 F Name of ChidExecutive Officer of organization (CEO) First Name 1 Last Name y First Name Last Name Name of Organization Treasurer • AIN Previous lawful gambling exemption number ate te Zip Code SS/L 3 County Daytime Phone number of CEO (GSl) 733-1575. Type of Nonprofit Organization Daytime Phone Number of Treasurer (65() 7;1-2,67y Check the box below which best describes your organization EJ Fraternal [J Veterans I-1 Religious El Other nonprofit Check the box that indicates the type of proof attached to this application by your organization: EZIRS letter indicating income tax exempt status ]Certificate of good standing from the Minnesota Secretary of State's office DA charter showing you're an affiliate of a parent nonprofit organization ID'roof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of Establishment where gambling activity will be conducted Tore--/ C/ f(74-cr F6 -c,/ / Street Date(s) of activity (for raffles, indicate the date othe drawing) .f5 /coo State Zip Code County Check the box or boxes which indicate the type of gambling activity your organization will be conducting 0 Bingo DEL,Raffles 0 Paddlewheels J Pull -tabs 0 Tipboards Be sure the Local Unit of Government and the CEO of your organization sign the reverse side of this application. For Board Use Only Date & Initials of Specialist Q Local Unit of Government Jurisdiction Is this gambling premises located within city limits? [x1 Yes [l No If Yes, write the name of the City: City Name 'i If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: EJorganized unorganized j inincorporated 1. The city must sign this application if the gambling premises is within city limits. 2. The county and township must sign this applica- tion if the gambling premises is not within city limits. 3. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of government. 4. NOTE: A Township may not deny an application. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of 'Application Signature of person receiving application LKOUT-M )(- Date Received: /iqI q g Title of person receiving ap {kationelmic Township Acknowledgment of Awareness of Application Signature of person acknowledging application Date Signed: Title of person acknowledging application Oath of Chief Executive Officer I have read this application and all information is true, accurate and complete. Date: // /x/277 Smit the application at least 45 days prior to your sc&duled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals. using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB.