05/19/1997 - City Council RegularAGENDA
EAGAN CM COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
MAY 19,1997
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
1 II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
�. A. ADMINISTRATION, Highway 55 Redevelopment TIF District, request by owners for acquisition
of homes on Lawrence Avenue and Linde Lane
V. CONSENT AGENDA (PINK)
i� A. PERSONNEL ITEMS
B. APPROVE correction to September 20,1995 City Council minutes
C. FINAL SUBDMSION and FINAL PLANNED DEVELOPMENT, Town & Country Homes, Inc.
for Eagan Heights Townhomes 2nd Addition
.IV D. INTERIM AGREEMENT, Right of Way Use Agreement Brooks Fiber Communications of
Minnesota, fiber optic cable installation
E. ACCEPT withdrawal of the Daughters of Penelope Comprehensive Guida Plan Amendment
request
F. CONFIRMATION of Findings of Fact, Conclusions & Resolution of Denial, CommonBond
' Communities/Tiller Corporation
PG. PROCLAMATION observing "Pause for the Pledge of Allegiance' on June 14 at 6:00 p.m. CDT
• H. CONTRACT 97-06, approve plans/order ad for bids (Mise. Street Overlays)
I. CONTRACT 97-08, approve plans/order ad for bids (Wescott & Pilot Knob Rd. -Signal Rev.)
J. PROJECT 688, approve agreement with Soo Line Railroad (Eagandale Corporate Center - Aldrin Dr.
Crossing)
K. VACATE utility easement, receive petition/order public hearing (Lot 1, Block 1, Michael Sill Add. -
Tesseract School)
PROJECT 721, receive petition/authorize feasibility report (Mulcahy Add. - Sanitary Sewer)
e. 10 M. AMEND subdivision development agreement (Apollo Addition)
N. APPROVE contract between Dakota County and the Eagan Public Safety : 3wering point for Pre -
1 '' arrivt;l instructions
RECOMMENDATION, Airport Relations Commission, preferred alternative, Noise Abatement
Departure Profiles
'� • ACKNOWLEDGE, grant funding from MRPA for Youth Development Program
Q. NATURAL & SCENIC Grant Application
7:00 - PUBLIC HEARINGS (SALMON)
A. VARIANCE - Joseph and Debra Walz, of 6.5 feet from the required 30 foot setback from the
public right-of-way for Lot 16, Block 3, Wedgwood First Addition located at 1002 Wedgwood
Lane S.
B. PUBLIC HEARING, Professional Plastics Incorporated, Minnesota Investment Fund Application
VII. OLD BUSINESS (ORCHID)
� 14A. CONSIDERATION of request for City Code change regarding limitation on ownership for on -
sale liquor licenses
VIII. NEW BUSINESS (TAN)
�' A. PRELIMINARY PLAT - Minneagan Real Estate Company (UPS 2nd Addition) to combine four
s parcels into one lot legally described as. Outlot A, Oudot B and Lot 1, Block 1, UPS 15t Addition
and Lot 1 Loren Place located east of Hwy. 149 and south of Yankee Doodle Road in the NE 1/4 of
Section 13
B. REZONING - Springbrook Corporation of 22 acres from A (Agriculture) to R-1 (Single Family)
and a PRELIMINARY SUBDIVISION (Murphy Farm) consisting of 22 acres and 38 single family
lots located north of Deerwood Drive and west of I -35E in the NW 1/4 of Section 21
. q C. PRELIMINARY SUBDIVISION - Herb Wensmann (Galaxie Cliff Plaza Third Addition) consisting
•
1 ��'' of 5.9 acres and two lots legally described as Lot 1, Block 1 and Outlot A, Galaxie Cliff Plaza
Second Addition located south of Cliff Road and east of I -35E in the NW 1/4 of Section 32
D. PRELIMINARY SUBDIVISION - Maplewood Acres, Inc. (Eagandale Corporate Center No. 2)
P consisting of 110 acres and 12 lots located north of Yankee Doodle Road and east of Lexington
Avenue in the SW 1/4 of Section 11
7 SHELL PERMIT request for Tesseract School Addition
IX. LEGISLATIVFf/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.
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 29,1997
A special meeting of the EaganCi#y:CQturri}-was..held Qp. Tuesday, April 29,1997 at 5:00 p.m. at the
Eagan Municipal Center. Present were Mi- *:ftari:And-30t A incilmembers Wachter, Blomquist, Awada
and Masin. Also present were City Atlir'tizni9tfaior'-Ttitii436 ges, Assistant to the City Administrator
Hohenstein, Director of Public Works Tor3:Colbert, Director of Parks & Recreation Vraa, Superintendent of
Recreation Peterson, Senior Planner Freese;: Fire Chief Jensen, Planner Julie Farnham, and Associate Planner
Pam Dudziak. The Advisory Planning 06rtimission Members who were present included Heyl, Burdorf,
Bakken, Frank, Segall Carlson and Augustin. The Economic Development Commission Members who were
present included Goff, Voracek, Reimer and Young.
EAGAN ROTARY CLUB AMPHITHEATER PRESENTATION
Mayor Egan welcomed membe5: of the::Fagan Rotary Club Amphitheater Committee. City
Administrator Hedges stated that he had.-ieceived, i behalf of the City of Eagan, a plaque that will include
the names of recipients of the Outstanding:blic Safety Award for both Fire and Police. He stated that Scott
Heath, of the Eagan Police Department arid: Christvgfier Grubb, of the Volunteer Fire Department were the
1997 recipients of the award. City AdmirustratQc.�edges .f.urther stated that the plaque will be displayed in
the lobby of the Municipal Center Buil"""::: a"""' :: art: fiianked the Rotary Club members for the
recognition they give to both Police and Fi're•emfi!6 s:bh-Ah-4h ival basis.
City Administrator Hedges provided some background on the Rotary Club amphitheater project.
Dr. Tom Wilson a member of the Rotary Club was acknowledged as the spokesperson for the Rotary Club
who then proceeded to share the vision for an amphitheater facility. He stated that the Rotary Club has been
meeting for several months to develop a program, a budget and explore locations that might be possible for
the amphitheater. He stated that the vision for the amphitbeafer:includes an opportunity for concerts, plays,
corporate gatherings and other community events.. Dr'; :-W.i15i"t[:ffnrther stated that the location most favored
by the Rotary Committee is the oak grove located::S :of: ie Unisys commercial building and north of the
Lockheed Martin parking lot, presently aiiwiid:lig Joe Mier. He stated that the advantage of this location is
the large and existing parking lot, top�sgraphy that is :desirable for an amphitheater and other natural
amenities, all of which reduce the project .cost:::::l r•,•..Wilson introduced other i embers of the committee
including Quina Hudson, John Curlee, who islso::i'e$id�ent.of the Eagan Rotary, Ann Carlon and Kevin
Lanigan. A six (6) minute video prepared by the Eagaii fto1ub was then shown to the City Council and
audience that described accomplishments of the Rotary Clint::rnd a further description of the proposed
am hitheater project. Dr. Wilson provided some projected cost elements stating that the entire pro)ect,
including land, parking, City fees, structure, audio, lighting and furnishings is estimated at $1.8 million
dollars. Dr. Wilson stated that if the Unisys site were secured through a donation and the City could utilize
the 1,000 car parking space available at Lockheed Martin, the total cost of the project would be reduced for
approximately $300,000 which is the cost of the structure, audio and furnishings. He further stated that the
Rotary Club is looking for a partnership with.the.City to m4e project happen. Dr. Wilson further stated
that on behalf of the Eagan Rotary Clubtly'::iri#1:irovida sglcl#inancial support for the project.
City Councilmember Wachter :$pt}ice to tW::5Ite location stating that it is his opinion that the
Municipal Center site campus contains a lot of dev616pment possibilities including a potential site for the
amphitheater. City Councilmember Bloimuist statci that she is in agreement with City Councilmember
Wachter that the Municipal Center Carrfo'it& should::W gonsidered as a site and provided some background
on how the 40 acres was initially purcha�eii:.::fWera ' vetit#e sharing funds. She further complimented
the Rotary Club for the concept, expressing'some coiit'e'm'a7iiirt'a financial comnitment by the City in lieu of
the fact that a park bond referendum failed for land acquisition in the fall of 1996. City Councilmember
Wachter asked the architect, David Kroos of the firm Boarman, Kroos, Pfister, Vogel & Associates to review
some concept drawings for additional use including the amphitheater parking, a second civic arena and
swimming pool facility that could be developed on the 40 -acre site. Mr. Kroos presented some concept
drawings providing those illustrations. Mr.Paul c+lbel also of the firm Boarman, Kroos, Pfister, Vogel
& Associates provided some additionalcoriiieMt :iciaiig on the parking options. He stated that the
Municipal Center site will not accommoda�;�;0bb par2h.'g:s"iaces; however, the amphitheater and other uses
could accommodate approximately 300 p"ifig stalls. Ther6-w� s some discussion regarding a parking ramp
which Mr. Mickelberg stated is possible; however, they can be:'costly to construct.
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 2
Cih, Councilmember Masin stated #hat she supports the design that was presented in the video. She
also stated that the concept for an amphidi6ater and central park was explored as a part of the Promenade
project and, given the fact that it will not:,prpeeed::*t..tbat;aocatlon, she expressed a desire to include the
amphitheater as an element in a more coi i�ii:el l ive: ifi'a,'p"ik development. Mayor Egan stated that a
central area park has been given consideiatfoii'arid art, a�iphitlt2ater would be better suited as a part of the
park; however, the failed bond referendugthas placed limitations on land acquisition and development for
the central park options. City Councilm.64er Masin also stated that bussing people to the amphitheater for
performances might be an alternative to alirger parking area.
Mayor Egan stated that it is important for the City to consider a proper location and funding and
what facilities belong in a central area park. City Councilmember Blomquist stated the municipal site is
central to the community and, having viewed the drawingsresented by the architect, would adequatelc
accommodate the amphitheater. Quid;-: Hudson of the Eagan Rotary Club stated that the program
presented by the Rotary Club stated that::i..i:;has bedwthe opinion of the Rotarians of the Rotary Committee
that approximately 600 to 1,000 spaces .*,6uld be aikessary to provide ample parking for the variety of
Programs offered at the amphitheater.
Cit} Councilmember lti'achter stated .tl?e.Muiucipal. Center site should not be ruled out and again
raised arguments for placement of the a3 iplii.ih ; #:: it l tion. He stated that some of the reasons
presented for including an amphitheater .fa a -ceritral'area •p&k, such as the once -a -year fireworks display,
should not drive the location for other uses. He further stated that cost is a factor if more land is purchased
stating that there would be no land purchase necessary if the Municipal Center site is developed for the
amphitheater.
John Curlee, President of the Eagan Rotary Club and.member of the Amphitheater Committee,
stated that it is his opinion, after hearing a presentation by.:&.Wallace Group on the Community Survey,
I --
that residents of Eagan want to further their sense.of;cti t ritriity, have facilities that bring people together,
which is the vision for the amphitheater, pxUYdixg:liiiieJ► services, concerts, corporate picnics and other
related activities. He stated that the surae�i.esitlts presejtted by the Wallace Group do encourage a central
area park and preservation of open space -
Mayor Egan stated that he would lilce'fio: fi#lic�t ::ft;,ame the support and nonsupport and ask for
Council input on the Rotary Club's proposed amphitfieater:jrojet. City Councilmember Masin stated she is
100% behind the concept and would like to further pursue other locations in the community besides the
Municipal Center site before proceedingfurther with the amphitheater project. City Councilmember Awada
also agreed that the concept is wonderful d would like to add Patrick Eagan Park as a site to consider for
the amphitheater in addition to the Municipal Center location. City Councilmember Blomquist stated that
she is in support of the protect and would also support Patrick Eagan Park and the Municipal Center site as
options for the location of the amphitheater. She further stated that a number of special interests are after the
park site funds and it is incumbent upon the::ittyy to be careful how those dollars are spent and for that
reason would like to consider sites owned:�g.tlie� ty to::c�evej .the amphitheater.
City Councilmember Wachter stated that 1*:Would like to work with the Rotary Club and see the
amphitheater constructed. He further stated that rather than spend more dollars on larid the same dollars
should be applied toward parking, wha::is necess at the Municipal Center location. He further stated
that he is definitely in support of the concept, .....:._..,
City Councilmember Awada staEei that tlie'i`it<'Coiiitcil should tour sites including the Municipal
Center site, Patrick Eagan Park, and possibly reconsider the Unisys site for the proposed amphitheater
project.
City Councilmember Masin stated that she would like the City Council to consider the Dartparcel
located at the intersection of Lexington azid:: ii• *ee...Doodle Road before the property is sold for
development. She stated that this is a <)W ::.he conducive for a central area park. City
Councilmember Awada stated that she e�voiild''add it eb parcel to the possible sites; however, she feels
the acquisition of that property is not reak:(�asible. City Couii member Blomquist stated that the Dart site is
not feasible and that money is an issue. §�i further stated thi t'fhe bond referendum failed during the fall of
1996 and the Cih• Council should not b� :Onsidering the acquisition of property as a result of the action
taken by the voters in that referendum.:::>:
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 3
Mayor Egan asked that the discussion be concluded and suggested that the City Council walk the
sites with the Rotary and Park Commission: atbf:::; U:A0ed- that a date will be selected for a tour. Dr.
Wilson stated that the committee had*
f r}iJC; however, that location did not seem as
feasible as the Unisys site. Mayor Egan stat&'fliat K48 '6f&hitheater, sites is a high priority for
City Council action during the next few *.eeks. He further thanked members of the Eagan Rotary Club -for
their commitment to the City of Eagan aro:vision for the amphitheater project.
FIRE ADMINISTRATION BUILDING
City Administrator Hedges provided some background stating that there were a number of
questions raised about the cost and that the architect was directed, along with the Fire Department Building
Committee, at the April 15 City Council iti! ikshop to look at various ways to reduce the square footage and
preliminary cost estimates in an effort to meet the budget guidelines that were established at $1.5 million
dollars for this capital project. Mr. David -'moos, repenting Boarman, Kroos, Pfister, Vogel & Associates,
was present and stated that the Fire Depo*ent has'` en a reduction in square footage for the revised
plans as presented. Mr. Kroos further explained why:the costs were greater than $1.5 million dollars. He
explained the construction costs and othergrpjecteasts•stat ng.tha# in order to reach the $1.5 million dollar
budget the project will need to be scaled bec;:yvtiftCl;reiiic5oiiie of the program elements that have been
identified for the Fire Department. He furtlidr'reviewed ifiepiojLct estimates with the cost reductions.
Fire Chief Jensen stated that it was unfortunate that the architect who presented the original costs
did not include all of the project costs such as test borings, fees and other related expenses. City
Councilmember Awada stated that she would like to review the original architect project costs so she can
better understand why the $1.5 million dollars was established as.the capital budget amount for the project.
City Councilmember Blomquist stated that she would like.the:l'iiilic Works Committee to review the
project. City Councilmember Malin stated that thety:sto'not give up more space and if the Fire
Administration project is to proceed it shoui$ ild:ikieef:t -� i*m
as as proposed by the Fire Department
Building Committee. City Councilmembi is*W 'sugg ted an exposed basement which could possibly
eliminate the need for a second story addifioxi.at;this time:::die further stated that the training room facilities
could be placed in the lower level (basement faGi 4y):and:the entire structure could be designed for a second
story addition to be constructed at a later date.
City Councilmember Awada expressed concern about'tfiie budget and again a desire to consider
another site that might lower the construction cost. Mayor Egan stated that another site would cost
additional dollars in land purchase and would prefer to reduce the cost estimates for furniture and wood
beams and agreed with City Councilmember Wachter to consider the conce t of an exposed basement for
the training room facilities with the capability of adding the second story aZtion at a later date.
Fire Chief Jensen stated that it is criticAl bat the Administration building include the basic space for
the Fire Department programs or it might:tie:Ji�ie: besttizt:bf the City to not proceed with the project at
this time.
David Kroos, representing the architectural finr., stated that he has cutback every conceivable way
and it is necessary for the City Council t6ibtermine'4' %at are the priorities the City would like to achieve
with this project. City Councilmembers t•'j�essed.: desire.to-ineet the objectives set forth by the Fire
Department Building Committee and re ... zsez�it�t t.*4:ike13 as the ambulance facility. City
Councilmember Awada suggested the original concept to'ad&the Fire Administration building as an
addition to the Police Department should at least be reviewed.
After further discussion, Mayor Egan stated that in an effort to bring the discussion to closure, he
would direct the Public Works Committee to review. the Fire Administration project with the architects
giving consideration to one 1) an addition to tlie.: ?aliCi4:]D art3nent building, 2) an exposed basement with
the ability to add a second story addition irtaeitiie:"rther reduction of furniture, wood beams
and other cost saving measures.
TE
City Administrator Hedges stated:tI}at at thR:,�pTil 5 .regular City Council meeting he was directed
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 4
to place the teen meeting fonim item on ti:Special Council worksession allowing the City Council to have a
dialogue regarding the teen in forurii that was held at the Eagan City Hall on Sunday, April 13 and to
discuss the agenda for a second meeting t}ta :i s;sCliecr ec} pr•5unday, May 4. City Councilmember Masin
stated that she has attended youth summit;a�eej7rigs: jd::e p.114 '6d the purpose of the teen center forum as
an opportunity to bring the youth of Eagan logetfier'fbi'fYie p" ose of discussing their needs in the
community. She made reference to an artfie that appeared in the newspaper that addressed the need to
listen and work with youth. She stated tl . copies would be provided to the City Council. City
Councilmember Masin stated that the meeting was very successful and was an opportunity for
approximately 15 young people to express their opinions and what they like about the community, what
they would like to see changed in the community, how they view obstacles to establishing a teen center and
what youth involvement means to the group. City Councilmember Masin made reference to information
that w•as compiled at the meeting by the youth in attendance.
City Councilmember Blomquist staled that A
work with families, which includes teens :did shared
discussion with the Ministerium and suggested that:i
teens until later this year. She stated that'pptissibly thin
could use Dr. Hardell as a facilitator to hellx4id:dre&R•t
Ministerium is the group that should furtNei.ac{zifr"4:
spoke with Dr. Richard Hardell who is an expert in
.e process that would allow for a roundtable
City delay any further action to dialogue with the
ity, in conjunction with the Ministerium Association,
u:issues,...City Councilmembers concurred that the
City Councilmember Wachter stated that he is not in favor of having any more meetings and would
prefer to usean expert such as a Dr. Hardell instead of City staff who are trained in service delivery. Mayor
Egan stated that the City does not have staff that can address social programming and further that the City's
Parks and Recreation staff is more geared to recreational activities which is the mission of the City. He
further stated that he would like the City to work with schoolsand churches that could help facilitate the
goals of all entities. He further stated he does not see a d#ecrioie by the staff. City Councilmember Wachter
further stated that staff should not be working on:4.:tee is iter::or a teen speak out at this time, but would
consider some role in the future.
Councilmember Awada stated that she.would sup" ort getting people to the meeting on May 4 and
then tum it over to the Ministerium. City Caiirccrl�ixemb�r lomquist stated that she is not in agreement with
inviting a number of people to the May 4 meetirig4u Athii t:should be limited to the teens and Ministerium.
City Councilmember Masin asked about involving yoiitTi on commissions further stating that it has
been discussed as a goal but never pursued.
City Councilmember Blomquist stated that the City is not an expert in family and teen activities and
we need to further support churches and schools for their assistance.
Mayor Egan stated that the meeting-s.o. duled fox 11�Ia..:4 will continue; however, staff will only
notice the teens and the Ministerium for thi ii:a>if�rt�lance:4-; :[. `hher stated that the Ministerium should be
encouraged to attend the May 4 meeting: ti let the' dt:4iXci. a who should be invited to future meetings.
Mayor Egan further stated that the entireteen center logue should be deferred to the Ministerium for
their review and consideration.
City Administrator Hedges stated that the Nrks-ifi: l�Recreation staff has been meeting with
representatives of the Osman Shrine Temple to consider a collaborative arrangement between the Lost Spur
and the City of Eagan to provide some level of golf programming by the City. He stated that a number of
efforts were made to contact the Lost Spur representative in recent weeks to determine if the Cih' could
provide some services during 1997. He stated that that the Director of Parks and Recreation was contacted
be Mr. Sigvertsen, Chair of the Long Rangge Planiiiiitttxiiftee for the Osman Shrine Temple, and it
appears there is a strong interest for a collabdiioo ftf .nth the City, but not until 1998.
City Councilmembers expressed:.', e r continued intet $t in pursuing some joint programming with
the Lost Spur to provide recreation programming.
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 5
::::,. - UCKING STUDY
Mayor Egan invited the Economic; T; �e}relc�}'eiittiixssion and Advisory Planning Commission
members who were present at the meetingsitt sccil at the table. City Administrator Hedges
introduced the item by providing an overview of the process to this point. He indicated that the Advisory
Planning Commission was given direction --16:the summer of 1996 to review issues associated with the
trucking industry and trucking land uses 3 fi: the City of Eagan. He indicated that since that time, the APC
has been involved in a lengthy public process. He said that the Economic Development Commission had
asked for an opportunity to review the economic development issues associated with the issue in late
February and that both groups have been working on their respective findings since that time.
Paul Bakken of the Advisory Planrung Commission reviewed a series of findings which he indicated
were the basis for the Commission's poliey:iecommendations. He indicated that while many types of
businesses have trucking components, the., Obmmiss t: defined trucking as those situations where the
primary uses for outdoor storage, freight terminals mitt# truck sales, leasing and service. He indicated that
the Commission had defined a number of 6gues or pioblems associated with trucking uses including visual
aesthetics, noise, air quality, hours of operation, location tiith respect to other uses and traffic. He indicated
that the Commission was especially sensitrm.tbVisu4q. mdv s.within the City including a series of
gateways and visual impact zones where:#iikClskr gg:-11 es, r:'be` propriate or would need to be heavily
screened. He said that the Commission has spe * caIly'identifted'some properties within four areas as being
marginal for trucking uses based on these findings, including the Trunk Highway 55/149 and Burr Oaks
area, the McKee area, the central area vicinity and the southeast industrial area.
Carla Heyl noted that if the Council concurred with the findings presented, the Planning
Commission is requesting direction from the City Council on whether to proceed with revising zoning and
land use standards based on the problems identified. She-sai4:ihit the City should be especially sensitive to
the relationship between trucking uses and resideial:t5es:;:Tfip'articular, she noted that the City should
address the effects of screening and setbacks;:rigtirig:tliaf sci?backs do not affect noise mitigation as much as
screening does and that screening is a p .itte'ans of li�tiiting visual impacts. With respect to outdoor
storage, she stated that the City's Zoninrgg Code:should recognize the difference between commercial and
industrial storage and that the current Code''treafs::b.6W,"es under the same regulations. She indicated that
specific performance standards should be developed'i "' .� cl .ng uses, especially where they abut
residential properties. With respect to the transportatiori'ariif:CoM$estion impacts on residential road users,
she stated that the Commission had concluded that the City cat bt solve transportation issues on state and
county roads or directly prohibit truck operations in appropriate locations on such roads.
She indicated that the APC believed that the City should identify alternative zoning options on
parcels which are marginal for trucking. She defined those areas as being ;nappropriate due to size, location
and other factors. She also indicated that noise analysis and noise mitigation should be included in future
transportation corridor studies so the issue .eaoCtie::addressd:b...:sburce rather than by mitigation.
Commission Member Heyl asked the Cityriiiiticil:#:o..prini38 erection by agreeing or disagreeing with the
findings which had been presented.
Mayor Egan thanked the P .Commission for its report and said that the quality of the
conclusions was worth the wait. He seat he ass appreciated the Commission's focus on common
sense solutions and performance standaiit#s:s . .}rteaQ#:elating impacts rather than stigmatizing the
trucking industry. The Mayor then asket:l3icp:to::pes�dtt:the findings of the Economic Development
Commission.
Commission Member Goff thanked the City Council for allowing the Economic Development
Commission to address the issue and stated that the Commission had avoided duplicating the Planning
Commission's efforts by reviewing the issue on the •basis of the City's approved economic development
goals. He stated that the key findings of the F.qa' *q` die:'WV opment Commission were that employment
from trucking firms relates positively to thus glial§ tjrsipviding predominantly living wage jobs and
those jobs were held by residents of Eagan :it i omparable pfoportions to other businesses. He stated a
review of certain examples indicated that* a tax base benefit:4f*ucking was comparable to other industrial
activities involving outdoor storage, but that it was apparent that tax base was enhanced where trucking
facilities were combined with headquart*i operations or other: uks in addition trucking. He also said that
trucking has a strong relationship to othi f:busi�esse 1:3.A _¢c}�i munity. In addition, the highway system
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 6
and airport make Eagan a natural locatioit.fo; transportation related firms.
Like the APC, Commission Member.Gof£:si~ated .#hat.t1 EDC focused on the importance of positive
corporate image and that trucking firms doaia3ce:4,:eff *#' to present apositive appearance. He also
m
indicated that the transportation dustnr'rais;59'ftie'ii8ge vf'€gan by getting the City's name out to a
variety of customers in a variety, of locatio�:lg:. He stated that the Commission feels it is necessary to know
more about the impacts of trucking on th�City's transportation infrastructure and noted that more research
may need to be done to ensure that tax bas�•contributions are proportionate to the impacts on infrastructure
and services.
Commission Member Goff also stated that increasing costs over time may, require some firms to
move farther out, as has been the case in the St. Paul Midway area and in Roseville and Bloomington. If that
is the case, he noted that the City, may need:to engage in cost participation for redevelopment activities to
replace these facilities. Primarily, he not6dAhat the EDC feels it is important for the development
communit• and residents to have clear diriection on: til$ Council's expectations regarding trucking locations
and standards.
Citv Councilmember Blomquist stated -OW she is, delighted with the outcome of the study and
appreciates the hard work by the Commi iOjisa3i :staf€: ftefe g to the APC report, she stated that in
addition to locations indicated, she feels iiiat' Hfglfiay ?E3 liettiveen Cedar Avenue and Yankee Doodle Road,
may also be a visual impact zone and that Highways 55 and 149 and the Lone Oak Road area represent a
ggatewayy to the community which should also be considered in the visual impact discussion. City
Councilmember Awada noted that visual impacts in corporate headquarters locations such as the Dodd
Road -West Publishing area be considered as well. Commission Member Heyl noted that the Commission
had focused on what it perceived to be the main entrances to the City and the high volume traffic areas.
Commission Member Goff stated that the Economic Develop1rie" Commission's business survey with West
Publishing noted concerns about the visual aspects of ft'. i.w#:149 as well.
Mayor Egan stated that in the noidetti:par# of'Eai' "an aircraft noise is as significant as truck noise for
neighboring uses. He said that he understands that the Ci r is being criticized by some businesses because
of the significant numbers of trucking and tr&i,s Zortdtion uses in the community.
City Councilmember Blomquist stated thatshe iS:5?pi?rtive of the Zoning Code modifications
indicated in the APC report. City Councilmember Wachter'c`bnpLmented all who worked on the study and
stated that it was very well done. He said that there is a need to get cooperation from the county and state to
improve the transportation infrastructure because road capacity limits and future industrial development
and expansion.
Mayor Egan asked the Commissions what types of feedback were necessary for them to continue
their work. Commission Member Heyl responded that the j$$ues identified are interconnected and should
be considered together. She said that scre"g:t'elates.w�tila&s which relates to performance standards
and so on. Commission Member Bakken:6tdk l at: e City'silould establish clear, understandable
standards so businesses and residents ha .zclear expKiitions for commercial and industrial land uses.
Mayor Egan stated that the City needs high standards; but that they treat everyone fairly. Commission
Member Burdorf stated that the APC has':ettj%d g9cid relationships and participation with the trucking
industry and certain residents in the couS:o , the. stttt�!. end that that would be helpful in development fair
standards. He went on to say that the C% s€ f:a beds o:-pb=ended and did an excellent job in
providing Commission support for the studies: 'He'Staterl fieftlie City of Eagan is fortunate to have such an
excellent City staff.
With respect to the City's image, City Administrator Hedges noted comments by a recent
developmentprospect who indicated that Eagan appears to be shifting from a corporate and headquarters
focus to a trucking focus. Mayor Egan stated that:a:iii ZmJ:!er of firms have expressed in interest in relocating
to Eagan and that he doesn't see a reduction:it�:in#ei' :iii'&City just because the transportation industry is
resent. Senior Planner Freese requested.-thoe . 'e Couni �7:p
int<ide specific direction to the Advisory
ylanning Commission regarding the confei*of Code changes:and the process to be followed. Assistant to
the Cite Administrator Hohenstein stated .that the Economic bevelopment Commission has also asked for
additional direction concernin next stepfi' for this issue. City Qouncilmember Wachter stated that the
Planning Commission should follow thq:' ocess outhnedjt.l!#, ieport. City Councilmember Awada stated
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 7
that the prime goal of the City is to provid':aear direction as noted in the Economic Development
Commission report. She said that she agrees with the basic screening and setback examples provided by the
Planning Commission.
It was noted that the outdoor storage issues iaisea:-Wiliii..'.iber of smaller questions concerning
different land uses. City Councilmember.W.-ichter stated that he opposes a number of outside storage
practices going on in the City presently. Cid Councilmember Blomquist stated that she believes the number
of outdoor storage provisions relate better tii commercial land uses than to industrial ones. She stated that
the Commission had identified the appropriate questions and appears to be headed in the right direction to
address them. City Councilmember Awada stated that the outdoor storage issue requires more work
outside of the trucking issue. Senior Planner Freese suggested that the Commission separate the commercial
and industrial outdoor storage standards and return recommendations for Council consideration.
City Councilmember Awada staff... Ihat the:ik[Qst important thing is what the properties look like so
screening and setbacks are important. C04v.r fission N!mber Burdorf stated that because screening and
setbacks ma not be sufficient in certain vial impar-t:6.reas that the APC is looking at making trucking a
non-use in those areas. City Councilmemt7ers Wacf tei:and Awada. said they would support that approach.
Commission Member Carlson stated that :CeStonaq, aiaFg3lai use areas may also make them non-use
areas for trucking.
City Councilmember Blomquist said that the Commissions have done an absolutely fantastic job and
that they should move forward with the issues they have outlined. With respect to the Economic
Development Commission's findings, the Council directed that the Advisory Planning Commission
recognize the need to retain existing trucking businesses in its development of performance standards. It
was indicated that the APC should also be careful with limitatioM on future trucking locations and
development and not unnecessarily limit the ability of existirtgc�npanies to operate and expand. The APC
should also recognize the EDC finding that reasonable'**" lu'gh standards for trucking
development will be beneficial by s g.the:ost eotoii;ni of supply and demand. The Council
indicated that the issue of excess wear aro:... -oh"the trarisportation infrastructure is interesting, but that
impacting that depends on state and couriiy cooperation, th.ireby, limiting the value of further work on the
issue. The Council did acknowledge and sug'&' 6l ;tbz t#hg Economic Development Commission revisit the
City's economic development goals and identify 66d'i"i : o t :and modifications which may be appropriate
at the present time. With respect to transportation funiitg,•:Ciy. ouncilmember Awada asked if the
Commission was suggesting that the state formula for local sir'eetImprovements be changed. Commission
Member Young said that transportation funds should be focused within the seven -county metropolitan area
where the impacts are the greatest and that this could offset some of the impacts of concentration of truck
traffic in and around Eagan. Mayor Egan asked how the formula would be changed. Director of Public
Works Colbert stated that the formula is set in statute and would require a legislative change. Mayor Egan
stated that he would be happy to talk with legislators but that he does not hold out much hope because of
the complex political nature of the issue. City..Cobncilmember:Awada stated that the City should not
expend effort in this regard since changes.ti#:€l iiW� -. tr&ks tat on funding formula will not happen.
Commission Member Young aslcM*-ivhat the;O.lans are for Highway 13 in 1998. Mayor Egan
referred the question to Director of Public.Works Colbert. Colbert stated that the scope of the Blackhawk
Road traffic signal improvements extend 3} closely tis Ousting medians at Silver Bell Road and Yankee
Doodle Road that Mn/DOT has agreed #q:exte }.tj zo ect.tQ4t ose medians. Unfortunately, he indicated
that the state has not increased its fundirig:iii:�ot� p rnrrt i_tlie increased scope.
City Councilmember Blomquist asked how the City could enforce the inappropriate truck route
prohibitions on Lone Oak Road between Highway 13 and Pilot Knob Road. Director of Public Works
Colbert responded that the County will not restrict trucks on Lone Oak because it gets state aid money for
that segment. City Councilmember Blomquist stated that the City should address it as a safety issue.
Commission Member Burdorf agreed that it is.a;sik#00,:&ncgrn. Mayor Egan noted that the City does not
have jurisdiction over the area, but that we.eaii t iitac $teC6% my Board and ask for additional efforts in
limiting such traffic. He asked the Commissions and staff'Cdpove forward expeditiously on the next steps
which have been identified. It was noted :Sljat one of the actives will be to identify alternative uses on
parcels identified as inappropriate for trucking and that such tdCations may also be inappropriate for other
outdoor storage.
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; APRIL 29, 1997
PAGE 6
City Councilmember Awada static' d4hat she believed that the City should limit additional trucking
uses along highway 13. She stated that tfi�fd area enough such uses in that location already. City
Councilmember Blomquist staffed that she;agr�es: aha#,gtt;;especially because of the visual impacts of
trucking in the area. Commission Membez: Siiriti #;fibed:f the Planning Commission did not address
Highway 13 in its analysis because it is alieady'irio�Yly i�eveitip`e` Commission Member Bakken again
noted that any findings should consider eff�ctive means of noise mitigation.
Mayor Egan thanked the Commissions again for their hard work and commission members excused
themselves from the meeting.
OFF-STREET PARKING AND STORAGE
Senior Planner Freese referred tolhe packet materials and indicated that there are differences
between the two alternatives depending ei�ion the Ccii ncil's direction City Councilmember Awada stated
that the second alternative is what she beleYed the Council wanted origmally and said that the City should
move forward with it. City Councilmemj��- Blomquist agreed and the Mayor noted that there was
consensus to give staff direction to move -fog and N �44i:the second alternative.
Date
City Clerk
TLH
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 6,1997
A regular meeting of the Eagan 0.
it Council was held on Tuesday, May 6,1997 at 6:30 p.m. at the
y
Eagan Municipal Center. Present were Mia-'Y"'or Egan and Councilmembers Wachter, Awada, Masin and
Blomquist. Also present were City Adm#W 9m Hoftes,Senior Planner Mike Ridley, Director of
Public Works Tom Colbert, and City A
tto
AGENDA
Councilmember Masin moved, Councilmember Awada seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
hC[NUTESQF THE APRIL 15, 19V METING
Councilmember Blomquist state:d-'-::-that on page 1, in the second paragraph under Department
Head Business, the second sentence S11004 be revi si to read, "Director of Public Works Colbert stated
that the Cliff Road reservoir has not been'U`sed for*a�1•alost two years and explained that prior to those two
years it was not exchanging water for anon "`I 'W
'
tcs-t4'o years."
Mayor Egan requested that on page 7, in the first paragraph under Old Business,
Recommendation, Airport Relations Commission, comments to Federal Interagency Committee on
aviation noise, the fourth sentence should be revised to read, "Mayor Egan commented that he believes
every municipal noise or airport group has considered the standard of 65 Ldn as being an inappropriate
measurement for noise, standing alone, but rather it should �e-.gip*.'lemented with other measurements, such as
single event, L10 or other measurements of noise
Councilmember Wachter move; it". �-m]i4 Blomquist seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
MINUTES OF THE APRIL
MEETING
Councilmember Wachter noted that on page 2, in the third paragraph, City Councilmember
Hedges should be changed to City Administrator Hedges.
Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0 ......
....... ...........
............ ............
DEpi
"'AD BUSINESS
RECOGNIZE NA34ftAL KWIC WORKS WEEK (MAY 18-24)
City Administrator Hedges proiAd4X'*,* o -*v -&V.
item. Director of Public Works Colbert
further explained the purpose of recognizing the Public Works Department. Mayor Egan stated that
Public Works employees are often taken for granted for all they do until there is a crisis. He further stated
that it is appropriate to acknowledge their work.
Councilmember Masin moved, COUROUX.mMik-r-A ada seconded a motion to approve a
resolution declaring May 18-24 as Nationi*il*-'P".'u"# 'fi*c,**Wb and authorize the Mayor and City Clerk
to execute the document. Aye: 5 Nay:
Councilmember Masin said th Fun Run and A&*r Day events were held in the City this
past Saturday. She reported that she awikded.the-
ent and there was a good turnout.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 2
Councdmember Awada inquired about the City's street sweeping schedule. Director of Public
Works Colbert stated that a second pass 'wi * 11 be made to certain areas of the City to clean any remaining
sand that may have been deposited sincd'lhe initial pass. He noted that Dakota County is still sweeping
some of the County roads.
Councilmember Masin brought kyM at the meeting to contrast the City of
Burnsville's government channel with Eagan''s* Chiilmel 16. Mayor Egan asked if the City of
Eagan has the capability to conduct sU*Mik'-4*" :programming. Assistant to the City Administrator
Hohenstein explained that the City has th6:hecessary hardware and software to provide this kind of
information and it is anticipated it will appear on Channel 16 by the middle or end of May. He also
explained that the success of the programming will depend on various City departments providing
current information.
:.CONSENT..AGENDA
A. Personnel Items
Item 1. It was recommended to approvo:Oig-,W'n.:of:4:persoti:to be recommended as a part-time
Building Maintenance Worker, subject f the physical examination
q
requirement.
Item 2: It was recommended to approve the hiring of Nora Flueger, Deborah Buntjer, LeiLani Fishcer,
Julie Beecher, Lisa Heine, and Martha Buyck as part-time seasonal Concession Workers.
Item 3. It was recommended to approve the hiring of -An -d "',:koveland, Dianna Bolander, Stanley
Schneider, Marc Shippee, and Michele einzet1 a aea orxaI Forestry Workers.
Item 4. It was recommended to approve 'the:hit
of Nithan Hauenstein and John O'Toole as seasonal
Parks Maintenance Workers.
Item 5. It was recommended to approve the hiring of Katfi?:K04W and Nicholas Torrini as seasonal Park
Attendants.
Item 6. It was recommended to approve the hiring of Sandra Gavin as a seasonal part-time Nature
Instructor.
Item 7. It was recommended to approveth . 9-.0 .,.df-:P"b:L&A**n d James Logan as Police Officers.
.......
Item 8. It was recommended to approv;61fie hiring:,&Welinda Cohee, Lisa Hayden, John Hayden, and
Michael Remington as seasonal part-tin-it1ennis P.Ngram workers.
... .......
Item 9. It was recommended to approv0" * ....... A -Fletcher and Sandra Hillyer as seasonal
part-time Softball Camp workers.
B. Proclamation observing May 15, 1997 as Fairfield Suites -Du. It was recommended to approve a
resolution proclaiming May 15, 1997 as Fairfield Suites Day in the City of Eagan.
C. Final Subdivision - Home DeveloR enfAt.'K=-_W
, _nd First Addition. It was recommended to
approve a Final Subdivision for Kingsw66if 'Pond FirstAdi3.Wibn consisting of 22 lots and two outlots
located on the west side of Pilot Knob R&d in the NE ;4 of Sktion 21.
D. Schedule public hearing, ProtessigM, M-5Mcs, incaw@KaM-� mmnesota investment runa appucan
It was recommended to schedule a pubki8i fi ........ *Wi6i".
:May 19,1997 to consider a submittal to
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 3
the Minnesota Investment Fund for a low interest business loan for Professional Plastics Incorporated to
support its relocation and expansion to the intersection of Yankee Doodle Road and Mike Collins Drive.
E. Approve purchase agreement, Highwa'55 TIF Redevelopment District Gar} and Beverly KWej r_ 835
Lone Oak Road. It was recommended to approve the purchase agreement for the Gary & Beverly Kajer
property located at 835 Lone Oak Road aS::iattf tfietii5 of the Highway 55 TIF Redevelopment
District.
F. Project 717 Receive draft findings, c groiect(Ranier Lane - Street Improvement). It was
recommended to receive preliminary findings, determine economic unfeasibility and cancel Project 717
(Ranier Lane - Street Improvements).
G. Project 720 Receive feasibili report/ order public hearing (Eagan Business Commons . It was
recommended to receive the feasibility report for Project 720 (Eagan Business Commons - Streets &
Utilities) and schedule a public hearing bAe held cjj�:June 3,1997.
H. Project 682, Receive final assessment otl/ordei��sixblic hearing (Deerwood Townhomes - Utilities) It
was recommended to receive the final assessment.Fo11 for Project 682 (Deerwood Townhomes -Utilities)
and schedule a public hearing to be helcd:G* Ii�ie:i� ! :_::;:::::::,:::-:-:
I. Project 709R Authorize detail plans 13 Blackhawk Rd. - Signal & Roadway Imp.). It was
recommended to approve the upgrading of TH 13 from Seneca Road to Yankee Doodle Road as a two
lane divided highway with tum lanes and signalization at Blackhawk Road and authorize preparation of
detail plans and specifications.
J. Contract 97-04, Receive bids/ award contract I#:itEj;'-Vaier Treatment Plant - Standby Generator) It
was recommended to receive the bids and:iivaFi# Ctiiitraiet 97-04 (Cliff Road Water Treatment Plant -
Standby Generator) and authorize the Mayor. and City Clork to execute all documents.
K. Contract
It was
recommended to approve change order No. 3 to Contras#'9�p {Eagandale Corporate Center - Utilities)
and authorize the Mayor and City Clerk to execute all related documents.
L. Contract 96-20, Approve change order #1 (Yankee Doodle/ Promenade Central Area - Streetlights) It
was recommended to approve Change Order No.1 to Contract 96-20 (Yankee Doodle/ Promenade
Central Area - Streetlighting) and authorize Mayor and City Clerk to execute all related documents.
M. City Auction, set date for Mai 17, 1Q`flD-Wii. "A ii -ma htenance Facility 3501 Coachman Point an(
declare bicycles, unclaimed property ant :. li cellar e&is City property to be surplus It was
recommended to schedule the Eagan City.tAuction. for 10:00 a.m. on Saturday, May 17,1997, at the Eagan
Maintenance Facility, 3501 Coachman I?and W:40.clare items, including bicycles, unclaimed property
and miscellaneous City property, to be �iip3ia:.
N. Designation of administrative hearing officer - dan eg rous dog designation_ It was recommended to
authorize staff to designate a hearing officer for an administrative hearing of the facts associated with the
designation of a dangerous dog.
O. Hourly rate adjustment, Civic Arena. %W—*s*CMrt*hded to approve an hourly rate adjustment for
prime -time hours from $125.00 to $130. our effe'c't P.ctober 1, 1997.
P. Vacate public right-of-way& utiIi!y.N ements, receive ps on orderpublic hearing (Lexington
Add.). It was recommended to receive ;die petition to vacate. -A. public right-of-way and utility easements
within the Lexington Addition and schec:�t;ptic liear�iig:tp be held on June 3,1997.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 4
Q. Final Planned Develol2ment, Homestead Villa e for Fgyandale Center Industrial Park No. 14. It was
recommended to approve a Final Planned Development for a 130 room extended stay hotel for Lot 1,
Block 1, Eagandale Center Industrial Park.:?&. 14 at the southeast comer of the intersection of I -35E and
Lone Oak Road.
R. Application for Shows License, Alo at the TuLy 4th Fun Fest. It was
recommended to approve a shows licensC-16i-A mus6ikerits, to conduct a carnival at Sky Hill Park
on July 3-6,1997.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
EMPLOYEES ACTMATE15.4"'Y THE NATIONAL GUARD
City Administrator Hedges proceediew on this item.
an o�iiv Councilmember Masin said that
approving the policy for granting the diffigence.in.pAy betweegi. the City's salary and military salary and
continuation of health coverage and oth&
....... .y he 15 day statutory division is a way for
... ............ .
the City to help provide support to the flood vicifiiis*aini ifiei'siiiPported the policy. City Administrator
Hedges noted that there is a State statute that requires cities to continue to pay the usual compensation
and benefits to employees called to active duty or annual training by the National Guard for up to 15
working days per calendar year.
Councilmember Masin moved, CouncilmembeF.-BlOngiiist seconded a motion to approve a police'
for granting the difference in pay between the0ty7-s:s,AW.y.iffid military salary and continuation of health
coverage and other City benefits beyond:thil?5.-;*'d"'�'i"*"t'ti'ibry division due to active duty status caused by
the floods. Aye: 4 Nay: 1 (Councilmeftibdr Awada opooed)
City Administrator Hedges noted that a'fia'x'."'W'*A'6*:'sm"tte all mayors in the State from the League of
Minnesota Cities informing them of ways cities can help dthii:,.'e'ities affected by flooding. He commented
that other cities assisted the City of Eagan after the May, 1996 windstorm with the use of their equipment
and personnel. He added that there are some issues such as joint powers, insurance and liability that
need to be addressed by him and the City Attorney. He asked if the Council was agreeable to staff
exploring possible ways for the City of Eagan to offer help, contingent upon Council approval,
Councilmembers concurred that they were agreeable.
SPECIAL CIT-.Y--.!t0tN0-. G SCHEDULE
City Administrator Hedges outkngd the need for Special City Council meetings in May.
Councilmember Masin asked what ben,0611here is Wt 9
�determinin the amphitheater site at this time if this
is going to be done in conjunction with Administrator Hedges indicated that
i�lfie Council yet. Councilmember Masin
there are three different sites that have 66t*b6&f eka-
said that the Council should still consider the Dart site. Councilmember Wachter stated that the Dart site
should not be considered further because it is probably too cost prohibitive. Councilmember Awada
mentioned that the Council could drive by the Dart site during their tour of the other sites.
Councilmember Awada moved, Coikilmlem'. :W,.Ochter seconded a motion to set Special City
Council meetings for May 15 at 5:30 p.nX:.*(di4L-1
ting the Mq.p. Special City Council meeting), May 19 and
May 27 at 5:00 p.m. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 5
PUBLIC HEARINGS
CERTIFICAT-I-ON OF DELINQUENT UTILITIES
City Administrator Hedges provided.aA :overview. on .this item. Mayor Egan opened the public
hearing to anyone wishing to speak R01i 0.1eirt3S#i :341aTei a a1 Drive, stated that he did not receive
proper notification about his assessment:'*F'#2'added'tltat'li i"*ac)%moved and did not receive notification at
his forwarding address. He objected to.iaing the $25 certification fee, but said he was willing to pay the
actual assessment amount.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Director of Public Works Colbert stated that if a misunderstanding has occurred staff could work with the
Finance Department to ensure the bill is paid without an additional fee being assessed. City
Administrator Hedges noted that the pe�jaity could be waived. Councilmembers concurred that they did
not have a problem with Mr. Hemish nfi&i.k►g payr i t without a penalty being assessed if he did so by
May 7.
Councilmember Awada moved; -Co wilawmber-Wft.ehter seconded a motion to close the public
hearing and approve certification of dehh4iieA :bfMty:: * ... sto Dakota County for collection with
property taxes, with the exception of Robert Hemish, PID #10-68055-030-01, who will be responsible for
principal only if paid by May 7,1997. Aye: 5 Nay: 0
VACATE PARTIAL PONDING EASEMENT (LOT 25, BLOCK 1, CANTERBURY FOREST)
City Administrator Hedges provided an overview t6 i.tiiis item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the.ph}irieai to anyone wishing to speak. There being no
one, he turned the discussion back to the
Councilmember Awada moved, C'6' i e e? ber Wachter seconded a motion to close the public
hearing and approve the vacation of a portion of a* ` �h';i-0'g"e:p0pding and utility easement located as
described over Lot 25, Block 1, Canterbury Forest and autfldi46 the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENT (OUTLOTS C & D, LONE OAK ADD.)
City Administrator Hedges provided.an.overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened... g:pui e- heart g_�:nyone wishing to speak. There being no
one, he turned the discussion back to thea=ouncil.':;:;•::::: '
Councilmember Wachter movedi.,Councilpmember Blomquist seconded a motion to close the
public hearing and approve the vacatidi of the di=iage:and utility easements as described over Outlots
C and D of the Lone Oak Addition andt e: [it:i 4a. id City Clerk to execute all related
documents. Aye: 5 Nay: 0 . ' ' ' . . .
PLD BUSINESS
ORDINANCE AMENDMENT, CI Ty,.COVE:C -HAPTER 7, STREETS AND SIDEWALKS,
PERTAINING TO THE MANAGEIVF&T-:0V1W.V1 TE USES OF PUBLIC RIGHTS OF WAY
Councilmember Awada movecf;:Eouncilmember MWn seconded a motion to continue
indefinitely consideration of an amendment to Eagan City Code, Chapter 7, concerning the management
of private uses in the public right-of-wai .,*:;Aye: 5 Nav, :0...::::::::;
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 6
Councilmember Wachter raised the question of whether the natural gas companies' pipes would
be in the sidewalk right-of-way. Director of Public Works Colbert said they usually are located there.
JOINT POWERS AGREEMENT 'II INVER GROVE HEIGHTS - UTILITY EXTENSIONS
City Administrator Hedges provi+d'eii:ab:alvei i Cv ori:ilkis item. Director of Public Works Colbert
gave a staff report and stated that staff did: tiAt :ceeeivir;r :<iicfen comments from Inver Grove Heights.
He provided clarification to Section 8.10:and 13.1. He noted that the Inver Grove Heights' staff has had
limited time to review the final draft, bl�k further noted that they did have input into the final draft.
Councilmember Masin asked why the City of Eagan is responsible for the cost of oversizing.
Director of Public Works Colbert explained that trunk area charges will be collected from the developer
in Inver Grove Heights to cover the cost of oversizing. Councilmember Masin asked if the City of Eagan
will be overseeing the training of the Inver::Grove Heights staff with regard to maintaining the water
services. Director of Public Works Colb ii:said th4TAver Grove Heights will own and maintain the
system within their community and it %- have to :6*maintained according to industry standards. He
added that the Inver Grove Heights sta.O:, very p4ssional.
Councilmember Wachter stated t:€agan paying for the oversizing and he
jt : ,S: qi cei'itet :i1 u
asked who would be responsible for purangiit'tlie'streets'aitd-maintaining them. Director of Public
Works Colbert noted that Inver Grove Heights will be responsible for putting in and maintaining the
internal local streets. He reiterated that money will be collected from the developer to pay for the
oversizing. Councilmember Wachter asked if a well is needed, where would it be drilled and who would
own it. Director of Public Works Colbert stated that no well is required within Inver Grove Heights, but
only the construction of an elevated water tower will be.xigeessary. He explained the projection for future
well needs and further discussion occurred. He adtje :tWit;d:*kter supply connection fee will be
collected with each building permit and the City of Eagan.
Councilmember Wachter stated thxt:h#:does.not feel the southern area of Inver Grove Heights
should be developed until 120th Street is extenciei :::: aided that he does not believe this joint Powers
Agreement will benefit the City of Eagan and he said'he.. $:Cgncerned about the impact of the increased
traffic in the Weston Hills neighborhood. Director of Public W6*rks Colbert noted that a condition is
included in Section 4.1 which protects the City by requiring that the City of Inver Grove Heights receive
the City of Eagan's approval prior to constructing any street which would connect to an existing street in
Eagan.
Councilmember Blomquist asked.gtW.4t:the comeftizi fee and what that covers. Director of
Public Works Colbert explained that the:kdfinectiti;i.fee:covers-*-iiiany things including, financing of the
Water Treatment Plant, funding the upply, watex::sstied storage, wells and reservoirs, sewer and water
connection charges, and any previously. unassessed lists. Councilmember Blomquist said that it is
important to ensure that Eagan resident;;:aie not stp-idizing any part of this cost. She questioned the 10°0'
administrative fee that the City of Inver,�C�.,,�i+ov-;FHeighlts _js, ded to deduct and retain and said that the
City of Eagan should be charging 10% riiiixe-#o•c'over:>iis:€6eti::She also asked who would be responsible
for paying the cost of vandalism if it occurs to the water tower and felt a figure should be calculated in so
the City of Inver Grove Heights would have to incur the expense.
Councilmember Masin suggested continuing -loos item to allow neighborhood meetings to be held
to discuss the traffic concerns of the resider ts;:o : Sr4sfa `ft ls. Councilmember Awada noted that there is
a condition in the agreement that addressO$:i ils conce'ti ;::Ct ncilmember Wachter mentioned that he
received a call from a resident in that area:.who said the Cooii 11 does not listen to the neighbors.
Councilmember Awada supported the agreement arid -'laid she feels confident that Director of
Public Works Colbert will ensure the Ci r: i. gau: eci :'Any and all costs. She said that the City of
Eagan needs a water tower and the cosEof:;it: vij1:iiAecl W -:both cities.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 7
Mayor Egan said that he hoped the City Council would be as objective with this particular
agreement as they have been with other:ag3ieements. He said this agreement carries out the charge that
was given to staff and he believes the C3ty::oi Eagan will receive a direct benefit by being able to control
quality development outside the City's bpundarle5:
Discussion occurred regarding the Cify'rif'riierrciot heights' comprehensive planning, the
increased burden on the School District -4M traffic to Red Pine School. Councilmember Masin said that
the Council's concerns have been addres4�1. Councilmember Wachter complimented the staff on trying
to answer the Council's questions. Mayor Egan asked if the City of Eagan has made money selling water.
Director of Public Works Colbert stated that the City of Eagan will be making money from the collection
of user fees charged to Inver Grove Heights.
Councilmember Awada movec{;:Q%Puncilmember Masin seconded a motion to approve a
comprehensive Joint Powers Agreemerifi filth Invet-Grove Heights and authorize the Mayor and City
Clerk to execute all related documents. &e: 3 Ni-." 2 (Councilmembers Wachter and Blomquist
opposed)
ORDINANCE AMEN#1' ANTENNA, TOWERS,
SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS
City Administrator Hedges provided an overview. Councilmember Wachter thanked the
Advisory Planning Commission members for their work on this ordinance amendment.
Councilmember Wachter moved, Councilmemi*: A.iivada seconded a motion to approve an
amendment to the Eagan City Code Chapter.,:" Coritricon Licensing, Permits and Regulation,
Including Signs, Excavations and Mob&:H6mL%i:Niks" fir•' deleting Section 4.50 "Placement, Erection and
Maintenance of Wind Energy Conversion Systems and ROdio or T.V. Towers" and amending Chapter 11,
Land Use Regulations (Zoning)" by adding: fj0.1.10, Subdivision 30, regarding regulations of
"Antennae, Towers, Satellite Dishes and Wind Erieigry.Qiirs;on Systems".
Peter Beck, representing AT & T Wireless, said they would like the ordinance to allow the
placement of antennas on apartment buildings since this is a desirable alternative to erecting a separate
pole. He added that the ordinance only allows for poles to be constructed in industrial zones and they
feel poles should also be allowed in other districts such as, Business Park, Research & Development and
Community/ Regional Shopping Center. He.further added th4t this will allow them to provide service to
the entire City. Councilmember Awada. d::ftfff ffw. � tffic need arises for more poles in certain
parts of the City, Mr. Beck could come tiac#i-'to tihr :!�Oi iciI and request an ordinance amendment.
A vote was taken on the motion;: ;l ye: 5 la y: 0
APPOINTMENTS iEP' ? S ?It3E f ARKS COMMISSION
City Administrator Hedges provided an overview on this item.
Councilmember Masin moved, Councilmember Wachter seconded a motion to appoint Mark
Filipi as a full member to serve the remainde; of a.c:ee- ear term to expire December 31,1997 and
Steven Knutson as an alternate member t¢ers tiie ri;iiider of a one-year term to expire December 31,
1997 on the Advisory Parks Commissio4 Nay: t:: + ouncilmember Blomquist opposed)
*Councilmember Blomquist not*4 that she approvecf:of the appointment of Steven Knutson as
alternate but she did not approve of the:a6pointment of Marls: ilipi.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 8
PROJECT 717, RANIER LANE - STREET IMPROVEMENT
(This itQm was on the consent agenda)
Cherie Coffman, 1391 Ranier Lai'ie;"asked if there is anything else that can be done to improve
Ranier Lane. She suggested the improvewents-=1d- Ze:Jjwhided with another project. She stated they
would like a simple overlay of blacktop e:;:?eouncilmember Wachter added that this
is one of the last areas that is not improved, He said the City conducted a study and the price to improve
that area is preposterous. Mayor Egan SQ: that the price may not be so preposterous if the
improvements were done to all of Counfi Home Heights because then the price would be spread out to
all lots. He further said that if a petition is signed by at least 35% of the residents in County Home
Heights it might be feasible to improve the street.
Councilmember Awada asked i€.the street could be upgraded with blacktop only, but not to City
standards, similar to Dodd Road. Direcioi:'of Publie:Works Colbert explained that there would still be
questions about the need for drainage ai i iutters.;*:ke further explained that Dodd Road had rural
drainage ditch sections and County Hopi Heights tries not. Councilmember Wachter asked how long
the blacktop overlay lasted on Dodd Road.' Director"of Public Works Colbert said it lasted about eight or
nine years. Councilmember Blomquist 5!&.t iiat:tlie tia#fiie;icit,the Country Home Heights area will be
less than on Dodd Road. She suggested'fiiat:siiff-iiivesfigate-�thi- feasibility of a blacktop overlay with a
gravel base for the entire development. Councilmember Wachter noted that the advantage to using
blacktop is that it can be reused which will result in a cost savings.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to direct a study
to install a blacktop overlay with a gravel base for Ranier.Lapii.: Aye: 5 Nay: 0
Councilmember Wachter stated that t6; sh6uld be undertaken at the Director of Public
Works Colbert's convenience.
I�'E1A►: g�1S�T.lr�.�,i5
REQUEST FOR CITY CODE CHANGE REdADING LIMITATION ON
OWNERSHIP FOR ON -SALE LIQUOR LICENSES
City Administrator Hedges provided an overview on this item. Tom Torgerson, President of
Torgerson Properties, said he is an owner of the Green Mill Restaurant and would also like to propose a
Hilton Garden Inn. He requested the ordinar ee be char ed:tq:411ow a person to be granted more than
one liquor license. Mayor Egan commer*d :R4fthe pity 3i .t a song list of liquor license holders and they
have had to abide by this policy. Coune'auiember Sk"iquist said she did not feel the policy should be
changed. She mentioned that in the past; ahe Council' did not bend the policy for the owner of Big Top
Liquors and so he put an additional ligtt#1'•license :a relative's name. Mayor Egan stated that the
Council wants to be flexible and accomr oda#e :l a 4t;they. h4ve established a precedent and do not
want to offend other liquor license
Mr. Torgerson stated that the Hilton Garden Inn is a separate legal entity from the license holder
of the Green Mill. Mayor Egan noted that the determination is based on stock ownership.
Councilmember Awada asked if a liquor license runs with the building. City Attorney Sheldon said the
license is issued to an individual at a specific-1kCiti - W. -it runs with both. He further said the license is
not transferable. Councilmember Masin a9ed'W at'&::li ,ry is behind this restriction in the City Code,
City Attorney Sheldon said that initially.fiti��restrictlon was:set up when there were relatively few liquor
licenses and the City did not want one entity to control a significant portion of them. Councilmember
Blomquist stated that the reason for this: astriction was to hc,ad:one person responsible to ensure things
were done legallv. Councilmember Awgada;added;.that:fte ,*h;ave changed and she does not have a
problem with a business owner opening r `#j W " i oiie:0S1A lishment and having more than one
liquor license. Mayor Egan noted that some of these policies were generated during the City's early days.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 9
Councilmember Blomquist stated that she thinks there were some legal issues as to why there is this
restriction and she suggested that this item be continued to allow the Police Chief to research and review
the issues. Mayor Egan commented that. -other City staff, such as the Planning Department should also
examine objective grounds for why this 06br
y should be maintained.
Councilmember Blomquist moves :`JC4tui-.` (n..
iWkhter seconded a motion to continue this
item indefinitely. Aye: 5 Nay: 0
RECOMMENDATION, AIRP'&T RELATIONS COMMISSION, COMMENTS ON
FAA DECISION, EAGAN-MEND_ -0. _TA HEIGHTS CORRIDOR CROSSING PROCEDURE
City Administrator Hedges provided an overview on this item.
Councilmember Blomquist moved*, Councilmember Masin seconded a motion to approve a
recommendation by the Airport Relationi:ir:y':;Commis&n to submit comments to the Federal Aviation
Administration concerning a decision topodify pfqtL-dures in the Eagan -Mendota Heights Corridor as
presented. Aye: 5 Nay: 0 X
-M -�PMMONBOND COMMUNITIES
COMPREHENSIVE GUIDE PLANA
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Greg Korstad, attorney representing Tiller Corporation, addressed some of the concerns with
regard to this development. He stated that the noise issue -*k &dd not be a factor in determining if the
property is useable for residential because noise.,ottehiiiti0ii-'iheasures will be undertaken. He also stated
that a concern was raised about the abiUt ':&ftlp * 460a inent to function in the community. He
commented that there are problems with-iti:ca:'6g multi-:M�nily developments near single-family
developments. He also addressed a letter y's.,Landscaping in regard to the safety of children.
He added that there is already a neighl,borhoo WPOS ..... Road with children. He further added that
this housing development will deter vandalism. He said. atcurrently the property is vacant and
improper uses are now occurring at the site.
Gary Sauer, President of Tiller Corporation, commented that this property has been hard to
market. He noted that this is a low -profile development.
Doug Mayor, representing ComrftQrtBm::`*d-CoMX!k�0, provided background information on
I ......... ......
........... :.: .. ...........
...... 6.pydlect and the benefits of the development
their company and their programs, d1scJU*6s'i!d.f1iL*-,-Pto ...
and explained why this is a desirable lcoUflon fort .0roject.
Councilmember Masin reference the lettO �.en by Jerry's Garden Center and acknowledged that
k: t
their concerns are legitimate. Mr. May8ji.-i.6. had any problems with vandalism in any
of their other communities. He added lj�iiiili�' iiiffi*geMe�:kyle involves integration into the
community which, in turn, results in less problems with youth. Councilmember Masin said she was
concerned about the noise that will be generated by the landscaping center and the impact it will have on
the residents. She cited a similar situation the Council has been dealing with in regard to a landscaping
company and the adjacent residents. Mr. MayyqX .
stjM is not much landscaping activity that occurs
on this site. ..........
Councilmember Wachter askecj`.�f - -
�dere was any wgij�.ID anticipate how much noise the new
runway will generate. Mayor Egan noted..that the noise froni,.,01e runway is more compatible with
commercial development. Mr. Mayor that the noise is c*A**k'*V"idered to be Category IV and their
architect has assured him that there cart F - i5:W:mitijzate this noise level.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 10
Jay Schweim, Jerry's Garden Center, 4381 Nicols Road, said that their property was zoned
commercial and should stay that way. He said they are concerned about the safety of children due to the
increased traffic of trucks hauling in the a:re4, the attraction to their machinery and dirt piles. He also
expressed a concern over the noise and dt&that is generated by their operation.
Mr. Korstad said that safety issue$;ii b:e ijs€;:t(*;W0eii that Tiller Corporation has not been
able to successfully market this piece of tM-- inane constraints will exist for commercial
development. He explained that there is:4::Perimeter road that will provide a barrier and also a greenway
in the center to provide a circular flow of:triiffic. He said that all of the issues could be addressed in a
conditional use permit.
Councilmember Wachter asked if the Police and Fire Departments have reviewed this proposal.
Senior Planner Ridley said that the Fire Department reviewed it and it is acceptable and they have not
received any comment from the Police Dkooment. Councilmember Wachter stated that there is only one
entrance and this could create a bottlene *in the e�ciit of a fire. He added that the sound factor is a
consideration because of the freeway and:runway noise. Councilmember Masin asked if staff has made
any attempt to deal withnoise being geritrMted froi i:Terry's Garden Center. Senior Planner Ridley stated
that the site plan is only conceptual. He addg4l:.that the Site is. on.an even level with Jerry's which may not
create as big a problem as the one at the Qtiiar:c5caig:Sxe:?i the City where there has been some
problems. He further added that appropriate screeiung ana Berthing would be required if necessary.
Mayor Egan he is sympathetic to what CommonBond Communities is trying to do and he
commended them for their efforts. He commented that there are many barriers to successful residential
development of this property, such as noise and safety issues as well as incompatibility between the
residential development and Jerry's Garden Center. Cpar,06gmber Awada said she appreciates what
CommonBond Communities is trying to accomlisi ai s#ie encouraged them to continue to look for
another site that is close in proximity to tJte same airienitte's as were located near this site.
Councilmember Awada moved, Cou * ' tuber. Wachter seconded a motion to deny a
Comprehensive Guide Plan Amendment to change:ff'ii-.kKd:ttse designation of approximately six acres
platted as Lots 1 and 2, Cedar Ridge Second Addition iri `dt6':,, 0.k1 1/4 of Section 30, from GB, General
Business, to D -III, Mixed Residential 6-12 units per acre and direct the City Attorney to prepare Findings
of Fact for denial. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT - MARVIN DAVIS
City Administrator Hedges providitl';iii::overyiew:gii::t'his item. Senior Planner Ridley gave a
staff report. Applicant Marvin Davis was::4ic+^a atiIt:.opA iyquestions. Mayor Egan asked if this request
will expand the use of Cedarvale Mall. &hior Plardiei'•*Ridley said that is not certain yet. He added that
this use may generate more traffic and interest in this..area. Councilmember Blomquist said she was in
favor of this request.
Councilmember Awada moved;'Cdtii' 6 i iei 'Eser:Wi diier seconded a motion to approve a
Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a "Market Place" to sell
products including; produce, arts and crafts to be located in the parking lot of the Cedarvale Mall located
at 3900 Sibley Memorial Highway, (PID #10-01900-051-06) in the NE 1/4 of Section 19 subject to the
following conditions:
1. The CUP shall be record ci at CSakota Colin :within 60 days of Council approval and
submitted to the City. .. , . .
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 11
The CUP shall be continually subject to the following conditions:
The vending booths and:display shall only be permitted on Saturdays and Sundays
between April 1s' and L?eeember 3151 of each year.
2. Sales shall only be perm ..- kw+ iiC ie if 4ti s of 8:00 a.m. to 5:00 p.m.
3. Vendors may set up boci no earlier than 7:00 a.m. Saturday and must remove the
booths by 9:00 p.m. eac�:inday.
4. The vending booth area shall be bordered with barriers while in place and shall conform
with the standards of the Uniform Fire Code.
5. All signage shall meet Citi% Code requirements.
6. No outdoor storage othgj;than w": is approved by the City shall occur on the site.
7. The site shall be maintained.l ,tef..irash and debris.
8. Any trash associated with the proposed use's&all be removed by 9:00 p.m. each Sunday.
9. No parking shall occur on any adjacent property without the written permission of the
adjacent property owner.
10
Drive isles 24 feet in wi
dated March 4,1997.
11. The proposed seasonal
dated March 4,1997.
Aye: 5 Nay: 0
parking lot as shown on the site plan
nphance with the submitted site plan
PLANNED DEVELOPMENT AMENDMENT - PARK NICOLLET
AND NORDQUIST SIGN COMPANY (GALAXIE CLIFF PLAZA THIRD ADDITION)
City Administrator Hedges provided.. overview on this item. Senior Planner Ridley gave a
staff report. Duane Spiegel, representing.P?a ;Nkollefi•Clfiik.::*" d that there was not any opposition to
the signage on behalf of the adjacent neiij #i fors: Iie,pz lztitiei that they need additional signage to gain
exposure.
Councilmember Blomquist saic 4hat this is:..:limited business use in a residential neighborhood.
Mayor Egan commented that the Coun i# des #bz i;: - sE-� l::.4f billboards. Councilmember Awada said
that the request meets the 300' requiremeitit"ai d 'sfie'fiiii°ff :ii: iii that she did not think the sign would
interfere with the neighborhood. Councilmember Blomquist stated that the sign is on the front of the
building.
Councilmember Awada moved, MayoF.Faxi:s�onded a motion to deny a Planned Development
Amendment to allow a pylon sign on Lot.lairllg-Cliff Plaza 2nd Addition, located at 1885 Plaza
Drive in the NW 1/4 of Section 32. Aye: 2.1 Ti3y: 3(Coude' Wembers Blomquist, Wachter and Masin
opposed)
The motion died for a lack of a 'ikorum and the Plat Development Amendment to allow a
pylon sign was subsequently denied.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6. 1997
PAGE 12
Councilmember Masin moved, Councilmember Awada seconded a motion to approve a Planned
Development Amendment to allow a 5,000 square foot building addition on Lot 1, Block 1, Galaxie Cliff
Plaza 2nd Addition, locate at 1885 Plaza Wve in the NTAI 1/4 of Section 32 subject to the following
conditions:
Platting
The existing Outlot A, GAIWxie Cliff Plaza 2nd Addition shall be subdivided and the
northeasterly 90 feet ad &...a. -to existing Lot 1, Galaxie Cliff Plaza 2nd Addition.
2. The property shall be replatted.
Site Plan
3. All trash and recycling areas shall :contained within the building.
4. All mechanical rooftop 64dipmentis"hill not be visible from Plaza Drive or I -35E.
5. The development shall 'M""i rxi:seffiacks required in the LB (Limited
Business) district.
Parking
6. At the time of building expansion, mmimum 'idditional parking shall be provided in
compliance with City code requiremvptsf-'
-'" 11
per 150 square feet of net leasable floor
area.
7. The parking lot shall be'Coristructed witfl;�urb and gutter and bituminous surface.
Driveways /Street Access
8. No additional driveway access to Plaza Drive shall be allowed.
Landscaping
9. At the time of building perMtt-4,pphcation for the addition, a landscape plan shall be
submitted for staff revieW*-. Appro
.X:
Building Materials
10. The building shall be a# ctur Q..'compatible with and utilize brick materials to match
the existing building.
Signage
11. All signage shall comply with the City of Eagan sign ordinance requirements,
Grading` Drainage
12, A grading and drainage.plan will be TNui4.'d*-Aith the budding permit application and
issuance of the permit mould be subject to stat# review and approval of the plans.
X
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 13
Water Quality
13. A cash dedication amouiitt'or water quality to include the increase in runoff resulting
from the added imperviQiiS:surface of this building and parking lot expansion shall be
required.
Tree Preservation
14. A Tree Preservation Plai: 4ball be submitted at the time of building permit application.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION
EDUCATION ALTERNATIVES (TESSERACT ADDITION)
City Administrator Hedges prOided an oii*View on this item. Senior Planner Ridley gave a
staff report. Mayor Egan asked if the CQUFicilmentbOi s were in agreement with approving the request for
the issuance of a permit for grading, excavatiop,•,and. footing/ foundation work prior to final approvals of
the subdivision and the planned develop i i :; i�eml eX were in agreement with approval of the
request. Councilmember Wachter said that•this'is i good pioposal and he is happy for the applicant.
Mayor Eagan added that the Council appreciates all that Tesseract has done in Eagan and the greater
region. Councilmember Awada stated that this is a wonderful school.
City Administrator Hedges noted that the Council might want to determine a hardship with
regard to the footing/ foundation permit because the schpoi -'is:kheduled to open in September and that
cannot be delayed.
Councilmember Masin moved, ouiicilmember:$lomquist seconded a motion to approve a
Planned Development Amendment for Tesseiaiet:2"�.,ddition, consisting of a 15,000 s.f. building addition
and a 66 staff parking lot expansion located south'o#:S Ivei :Bell Road, east of Tesseract Place and north of
Highway 13 subject to the following conditions:
Planned Development
1. Prior to Final Subdivision the developer shall enter into a Planned Development
Agreement.
Landscaping
2. The landscape plan should be revised to reflect the accurate number of plant species and the
minimum size requires) tts.
3. The revised landscape pmn'slioiiid:iiofel#ia#iffllandscaped areas shall be irrigated.
Aye: 4 Nay: 0 (Councilmember Awada abstained)
Councilmember Blomquist moved, AlisipCognci}Wmber Wachter seconded a motion to approve the
Tesseract Addition Preliminary Subdiv�e. ,Ciii. hael R. Sill Addition) consisting of one lot and
one outlot on approximately 12 acres locA south of Sva:$ell Road, east of Tesseract Place and north
of Highway 13 subject to the following 6�i tions:
Standard Conditions
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 14
The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3,1993:
Al, B11 B2;*:M;':C1, C2, C4, Dl, El, Fl, Gl, & Hl.
Storm Sewer/Water Quality
2. The developer shall cor7sM.*gt a storm water retention basin to limit post -development
runoff to an amount that.-!,?4ess than or equal to pre -development runoff.
3. Water quality mitigation for this development shall be met through on-site ponding
Easements
4. The developer will be r�oonsible; the vacation of the existing drainage and utility
easement between Lot fA'P'd Outl0t:A of Michael R. Sill 1st Addition at the time of Final
Subdivision approval.
.................
X.
.. .... .....
Setbacks
5. The developer shall submit a revised site plan indicating a 20' parking setback along
Tesseract Place and an 18' parking stall length to meet the required setbacks.
Park Dedication
...... ....
6. The developer shall be respQx*
parks dedication for the additional acreage
acquired for the expansi a . ictF :pool.
7. The developer shall be re dedication.
Tree Preservation
8. At least two Category A trees (4 inch dbh) trees shall be transplanted on site as mitigation
for tree removal.
Aye: 4 Nay: 0 (Councilmember Awada ab.5tain.ed)
Councilmember Wachter movei4-::Miy6i*t**.'n-:*&i3iid4d a motion to grant a hardship variance
and approve the issuance of a permit git)zng' exc&�j
.4 on, and footin&foundation work prior to final
approvals of the subdivision and the pled development. Aye: 4 Nay: 0 (Councilmember Awada
abstained)
POLICY DIRECTION Rt6kitij 'ittt L-'--:T'-'b'�'W-'-ERS ON CITY PROPERTY
City Administrator Hedges provided an overview on this item. City Administrator Hedges said
that if the Council wants to proceed with the development of a policy the fee issue needs to be addressed.
Director of Public Works Colbert explained that -ft -fee -schedule is related to the issue of whether or not
the site desirable and if so, who should
the City will require co -location for futureik§br--s:.W. e si
own the tower that these facilities wouldi�- ocated on."'W;-added that if a site is desirable because of the
elevation or geographic location it may.be beneficial to li Ne several monopoles on the site. He
further added that too many poles couldcreate interference �and also give the appearance of a pole farm.
d-& what is most financially beneficial to the
Councilmember Awada said thot....
City. Councilmember Blomquist appearance of a pole farm on some of
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 15
the City's best property and she also inquired as to which properties this is going to be allowed on.
Councilmember Wachter said he would like the Council to be able to use their discretion as to which sites
poles are located on. City Administratot•:Kedges added that if the Council approves a policy it would be
necessary to determine individual requestis _bn a case by case basis.
Councilmember Awada moved;: Qi iit ttiesi }-W-i ter seconded a motion to draft a policy to
consider the leasing of City property to eawMeiaalzotii iirri anon providers for the placement of
freestanding towers on City owned property on a case by case basis. Aye: 5 Nay: 0
Councilmember Blomquist asked it the policy will be presented to the City Council for formal
approval. City Administrator Hedges said that the ordinance, policy, fee structure, number of poles to be
allowed on a specific site and the identification of potential sites will be presented to the Council.
CONSIDER STOP SIGN REQUE5; COVENTRY PARKWAY AT COUNTRYVIEW DRIVE
Councilmember Wachter noted -that this r�g:itest does not meet any of the warrants.
Councilmember Awada said that the Cd.uWil still ids to address the perceived danger of the residents.
Director of Public Works Colbert explained.thAt.the City. .of,Eagan is participating in a traffic calming
study and a survey of 64 communities h;6` aee i ct dticted::k4 traffic what trac calming measures are being
utilized. He said that ten projects have beeri zeroed'in ori'arid'ftiey will be following through with studies
to see if the residents have perceived a benefit. He added that they hope the study will be completed by
September of this year.
Councilmember Blomquist said the request for a stop sign should not be denied but rather
continued indefinitely and the residents should be notified::::::::::::
Councilmember Blomquist made:e:iiiotM_ Ao'co�tinue this item indefinitely and include it with
other stop sign requests that have been ihldde' and direct joie Director of Public Works to examine other
types of signage, besides stop signs, that cai Q:60:m ilized'to reduce the speed on residential streets.
Councilmember Awada requested the motion 13;6 [i: tOded to receive a petition and deny the
installation of stop signs at the intersection of Coventry Parkway and Countryview Drive and place this
request on a future Council agenda after the traffic calming studies have been completed next fall. She
seconded the earlier motion. Aye: 5 Nay: 0
REVIEW/COMMENT ON DAKOTA COUNTY
5 -YEAR CAPITAL 111?t tr4). ........ . GRAM (1998-2002)
City Administrator Hedges pro?i?7AW an oi.6Mew on this item. Councilmember Blomquist said
that she would like to see some projects. moved to the nothing scheduled categories. Discussion
continued regarding the timeline for the:Wieduled:-iiojects. The Council concurred with the current
County 1997-2001 Five -Year CII' with t i :to o mskK::R-oadwav Improvements: Cliff Rd.:
ChesMar Drive to Lexington from 1998:&t00' T=one{d3.1t:#tvarl: TH^55 - County Rd. 63 (IGHT's) from
future to 1999; Pilot Knob Rd: Yankee Doodle Road - Duckwood Dr. from future to 2001 for the County;
Signals: Lexington Ave. @ Wescott Rd. from 1997 to 1998.
kXGI1SLA7TVEMMWVERNMENTAL AFFAIRS
City Administrator Hedges stated.:.f-he receitie4:a: fax from the MLC indicating that there is
some legislation in the Omnibus Tax big::*hat could remover:much as a half million dollars of HACA
LGA.
Councilmember Masin saidtha€:tl ltt#i?i:lie eiaflging the way it operates in the future
whereas if something is to be constructdd-aid ;i;dW,•:ffit;dwy- s :be taking the lead and the MVTA will be
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 16
involved in the partnership. She added that they are working on a strategic plan. City Administrator
Hedges commended the MVTA on this decision.
AD IISTRATIVE AGENDA
DIRECTION REGAR�E PMENT COMPANY
City Administrator Hedges provW!!d an overview on this item. He distributed a letter that was
sent by a neighborhood group to Pulte 11 ev lopment which indicates their desire to have single family
homes included in Pulte's development proposal. He stated that in review of the November, 1996 City
Council minutes it was clear that certain Councilmembers had requested that the development company
consider building single family homes. Councilmember Awada said she would like the property they are
considering developing zoned R-1. She further said that City Administrator Hedges should have the
authority to discuss with Pulte DevelopMent Company the Council's preference for the development of
single family homes. Councilmember V*aditer ad that it does not appear, according to the new plan,
that the developer has taken the CounciY�;equestconsideration.
Councilmember Awada asked that .the neighborhood be informed of this discussion between the
Councilmembers. Councilmember BlomqiaMi* Qoiriicil is not looking for any reduction in the
number of units per acre but prefers that they lie rettirifigurM`" detached single family units. She said
she was not opposed to granting some variances. Councilmember Wachter added that granting variances
is expected in a large area like this. Senior Planner Ridley asked if the Council would be willing to accept
some lots smaller than the standard width of 85 feet. Councilmembers concurred that they would be
willing to accept some lots being smaller than the standard size,.
Director of Public Works Colbert stated 1h1-tn.'gi ieeriiig staff met with representatives of the
developer expressing their concerns 'ofdirect driveway accesses that would come on to
Johnny Cake Ridge Road. He said that t' '04 "is classified -':Ss a community collector and will start to
function as a frontage road for I35 -E from jet �Calw up, to Deerwood Drive. He added that they are
concerned about all of these houses having their friarit:!ar&:onto a community collector and it can be
anticipated, that shortly after the residential developmerifls:t'bmtructed, the residents would be coming
to the City with concerns about the volume and speed of traffic.' He further added in discussions with the
developer he indicated there were some things they could change but they would result in requiring a
variance for a length of the cul-de-sac. He said that the developer was told staff would look at that option
and provide some recommendations and the benefits of granting a variance but the Council would need
to make the final decision. Councilmembers concurred that staff should continue to work with the
developer to make any necessary modifi yor.:E$arta$ked if there are any topographical,
wetland or woodland constraints that coi # :iirlpaiF:t :tdevetoment. Director of Public Works Colbert
said that there are certain constraints "Cdb limit tfunr ability to modify the layout and they are trying to
work with the developer to work out a compromise to minimize the concerns.
City Administrator Hedges suron for him as follows: To contact
the developer and inform them that the�C'rtj"'Cotiirc$ toiiiif:prefer the development of single family
homes, that the same number of units is acceptable, reasonable variances will be considered, and request
that they utilize their computer software to generate a layout of an R-1 subdivision for review.
Councilmembers were in agreement with this direction. City Administrator Hedges added that he would
contact Bill Cattrell, representing the neighborho4.dr.and provide him with this information.
AT & T PCS MONOPOLE LEA .*A�PLICATfCLIFF ROAD RESERVOIR SITE
Director of Public Works Colbert.gave a staff report'a64 stated that the Council should determine
who should own the monopole tower.: ncilmember Awa&`.said that the City should make the
maximum amount of revenue as is possii1 g :; IN:AttoMe '5Wdon noted they could try and work that
out. Councilmember Blomquist stated {ftaY 1es:iid0W04tt:th see eyesores all over town.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 17
Peter Beck, representing AT & T Wireless, commented that the most creative agreement that he
was involved in negotiating was with the:C.!ity of Apple Valley. He said the provider is the owner of the
pole that was placed on the Public Worki:g*rage and they leased the land from the City. He further said
there is a requirement built into the lease that states they must make the pole available for co -location and
the financial advantages gained from thrigotlieiEieiethen split with the City. He added that
fi
the provider is responsible for maintaining Hie Fitiiar: >
Direction was provided to deter'i�tiiie what will provide the best financial benefit to the City,
allowing one pole on the site with as many users as feasible on the pole.
Councilmember Blomquist stated that the height of the pole is also a concern. Mayor Egan said
he would like the height of the pole to remain at 75 feet. Councilmember Wachter added that the location
of the pole should be very discretionary-id0pending upon what gives the customer the best reception. He
further added that limitations should nat.€ie impos4until the report is completed. He said the Council
wants to be reasonable and flexible in o tlgr to obto :satisfactory results. Mr. Beck noted that the number
of users is directly related to the height iW more usEis will require a pole taller than 75 feet. Mayor Egan
stated that staff should have the discreti.on-to.use;.spupdjudgme11t in determining the height of the pole.
CONTRACT 97-0111, EMEM' M&' 14ICLE PRE-EMPTION (EVP)
SIGNAL MODIFICATIONS
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
plans and specs for Contract 97-01B (EVP) equipment and authorize a bid opening to be held at 10:30 a.m.
on Friday, June 6, 1997. Aye: 5 Nay: 0
INVER GROVE HEIGHTS NOTIC-9-:0F::I'CSANT-ENNA MONOPOLE INSTALLATION
Councilmembers had no commentis:reeaiiii: - zthis item.
City Administrator Hedges noted that there would be an executive session following the Council
meeting.
Councilmember Wachter said he hada concern about why the Police Department has spent 123%
of their capital outlay. He referenced corr pi—M6ce.sent:bZ '. tan and June Ketcham and stated he is
sympathetic to them but did not think th�ii*:is aiiyQ�g:tlie'City can do. He said it appears that the Fire
Department is not happy with the contra or of Firvi ,%ktion #1 and he hopes the issues can be resolved.
City Administrator Hedges stated that FiF.q Chief Jensen has done a wonderful job of monitoring the
issues. Councilmember Wachter noted:t $500 wi#� be designated toward the refurbishment of the
City's first and retired fire truck referrer tA:' Q : "!`-:Fk&ked what could be done to help address
the issue of not extending Lone Oak Roird l`rorii'T1+1-3t6-P?118t:Knob Road. Mayor Egan said that he and
City Administrator Hedges talked about a strategy today.
Councilmember Awada commented that some information regarding the Fire Administration
building cost was sent to her.
Councilmember Masin stated thot:s i servmg-ii:R::.fi1w. LMC Improving Community Life
Committee. She said that the youth subcotiiriiittee will be fia��g a workshop at the June conference. She
further said that she is serving on the Lkadership Committee,.Px)d mentioned that information will be sent
to each of the Councilmembers. She refs raced last year's cd1liborative meeting which was held with the
City Council and elected officials and 0' tT!i* #:s u . pinother one. Councilmembers concurred
with holding another collaborative meei q' *
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 18
Councilmember Blomquist presented City Administrator Hedges with some questions on the
bills. She asked for an update on what is.happening with regard to the Soderholm property.
Councilmember Masin moved, Makbr Egan seconded a motion to set a Special Council meeting
for June 24 at 5:00 p.m. to be followed by. >..... with elected officials. Aye: 5 Nay: 0
:.ECK REGISTER
Councilmember Wachter moved;'Mayor Egan seconded a motion to approve the check register
dated May 1, 1997 in the amount of $1,871,168.82. Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 11:05.P #it. to an 4 cecutive Session.
MLK
Date City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535).
The City of Eagan is committed to the policy that all persons: Rave egaal access to its programs, services, activities,
facilities and employment without regard to race,-cQlor;:'ered,:i'eligion, national origin, sex, disability, age, sexual
orientation, marital status or status with rega a:jio' irbiic assistance.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 16,1997
SUBJECT: AGENDA INFORMATION MEMO FOR THE MAY 19,1997
EAGAN CITY COUNCIL MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval of the May 19, 1997 City Council agenda and the regular City Council meeting
minutes for the May 6, 1997 regular Council meeting and special minutes from the April 29
meeting, the following items are in order for consideration.
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
DEPARTMENT HEAD BUSINESS
A. ADMINISTRATION, HIGHWAY 55 REDEVELOPMENT TIF DISTRICT
REQUEST BY ON's NERS FOR ACQUISITION OF HOMES
ON LAWRENCE AVENUE AND LINDE LANE
ACTION TO BE CONSIDERED:
To approve or deny staff direction to negotiate an agreement with the Dakota County Housing
and Redevelopment Authority to investigate the possible acquisition of residential properties on
Lawrence Avenue and Lindy Lane for redevelopment purposes in the Hi&,vay 55
redevelopment TIF district.
FACTS:
In 1996, the City Council adopted Eagan Tax Increment Financing District 43 for the
redevelopment of properties in the Highway 55 area. One of the primary reasons for the creation
of the district was to facilitate the removal and redevelopment of the abandoned Airliner and
Spruce Motel properties on Lawrence Avenue.
• Staff is in receipt of a request by the property owners on Lawrence Avenue and Linde I:ane
that the City consider the possible purchase of their properties for commercial
redevelopment.
• Jim Loewen, one of the residential property owners indicates that he will be unable to attend
Monday's meeting but that he is interested in the potential acquisition of his property.
• In 1996, the City also redesignated the general area between Highway 55, Dodd Road and
Blue Gentian Road as a business park land use classification. The City Council developed
policies for this classification on a City-wide basis and developed interim land use policies
for the Highway 55 area in particular.
• Among the interim policies for the Highway 55 area is a statement that "the City will support
rezoning to business park or compatible zoning districts in areas of sufficient size to provide
a cohesive development. The City will not support rezoning that would result piece meal. lot
by lot redevelopment or that would result in further isolation of existing residential uses."
The purpose of this policy was to ensure that when redevelopment occurred in the Lawrence
and Linde area or along Blue Gentian Road that it would be done in a comprehensive
fashion.
• In recent months.. the City has been approached by the owners of the Airliner Motel property
and owners of other property along Lawrence Avenue indicating an intention to come
fonvard to the City with commercial and industrial development plans. In the case of the
Airliner property, the presentation of an application will raise issues of site design and
a
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
setbacks which are substantially limited by the existing residential properties in the area. In
the case of the other development, it would likely require the upgrade of Lawrence Avenue
streets and utilities to provide improved access to the site. Such development will imply
increased traffic and potential assessments for the existing residential properties. To review
the circumstances, a meeting was coordinated with the affected properties on April 17. The
residential owners indicated an intention to discuss the situation among themselves and
communicate their conclusions to City staff. The outcome of that discussion is the
correspondence noted above.
ISSUES:
• If the City is to move forward with the acquisition of the homes in the Lawrence and Linde
areas, it is required to be done consistent with Federal acquisition and relocation standards
which entitles owners to an appraised fair market value and entitles occupants to appropriate
relocation assistance. Based upon the Eagan business commons development also in the
district, revenues are anticipated which could be used for the acquisition and assembly of the
residential properties. In addition, to the extent that the site is redeveloped with commercial
uses, the district can also generate revenues from new facilities constructed in this location.
• The City will need to perform an analysis to determine which of the residential properties
meet the substandard test. More than half the properties are adjacent are adjacent to either
the Airliner or Spruce Motel properties which have been documented to be well outside of
code compliance. A similar finding will need to be made for at least one of the remaining
residential properties or an appropriate combination will need to be negotiated to facilitate
the acquisitions.
• While the residents of the Lawrence and Linde properties have expressed an interest in
having the City consider acquisition, nothing in this request waives their rights under the law
for just compensation.
ATTACHMENTS:
• Correspondence from residents on page.
• Correspondence concerning a neighborhood meeting on page.
• Business park land use category policies on pages & throu h `'r.
• Interim land use policies for the Highway 55 area on pages through.
• TIF redevelopment summary on page .
5
May 1, 1997
City of Eagan
City Council
Eagan, MN
Attn : Jon Hohenstein
The tollowing property owners request
on the agenda for the Council meeting in
discussion for the possible purchase of
the City of Eagan.
Thank -you.
to be placed
May, regarding
our property by
r
A neighborhood meeting has been scheduled on Thursday, April 17 at 5:30 P.M.
in the City Hall Community Room to discuss potential commercial developments
in the area of Lawrence Avenue and Linde Lane. While the City has not yet
received applications for these developments, it is important that you as
neighbors be aware of what may be considered for the area. We have invited
the Kor's and Imre's, who own the properties which may be developed, to be a
part of this meeting.
The difficulty with having a meeting before an application is received is that some
questions may not be answered because sufficient detail has not been
developed. On the other hand, once an application is received a process begins
which has very specific timelines. We hope that by getting the affected property
owners together before that process begins, we may be able to address some
concerns cooperatively.
We look forward to seeing you on April 17. If you have any questions in the
meantime, please call me at 681-4603 or Julie Farnham at 681-4698.
Sincerely,
J n Hohenstein
Assistant to the City Administrator
cc: Phillip and Ann Kor
Siok Fung Kor
Kim Imre
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN MINNESOTA 5522-1897
PHONE (612) 681-4600
FAX (61 2) 681-4612
TDD (612) 454-8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal OPPortunity/Affirmative Action Employer
MAINTENANCE FACILITY
3501 COAC-+VA% =C %-
EAGAN, MINNESC-A 5E'22
PHONE (612) 68'-430C
FAX (6'2)62'•436
TDD 16'2)454-8535
THOMAS EGAN
Mayor
PATRICIA AWADA
March 31, 1997
BEA BLOMQUIST
SANDRA A. MASIN
THEODORE WACHTER
Counc: Memters
MERLE & SANDRA DUFF
THOMAS HEDGES
916 LAWRENCE AVE
city Ad- -strati'
EAGAN MN 55122
E. J. VAN OVERBEKE
City C1e,k
Dear Mr. & Mrs. Duff:
A neighborhood meeting has been scheduled on Thursday, April 17 at 5:30 P.M.
in the City Hall Community Room to discuss potential commercial developments
in the area of Lawrence Avenue and Linde Lane. While the City has not yet
received applications for these developments, it is important that you as
neighbors be aware of what may be considered for the area. We have invited
the Kor's and Imre's, who own the properties which may be developed, to be a
part of this meeting.
The difficulty with having a meeting before an application is received is that some
questions may not be answered because sufficient detail has not been
developed. On the other hand, once an application is received a process begins
which has very specific timelines. We hope that by getting the affected property
owners together before that process begins, we may be able to address some
concerns cooperatively.
We look forward to seeing you on April 17. If you have any questions in the
meantime, please call me at 681-4603 or Julie Farnham at 681-4698.
Sincerely,
J n Hohenstein
Assistant to the City Administrator
cc: Phillip and Ann Kor
Siok Fung Kor
Kim Imre
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN MINNESOTA 5522-1897
PHONE (612) 681-4600
FAX (61 2) 681-4612
TDD (612) 454-8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal OPPortunity/Affirmative Action Employer
MAINTENANCE FACILITY
3501 COAC-+VA% =C %-
EAGAN, MINNESC-A 5E'22
PHONE (612) 68'-430C
FAX (6'2)62'•436
TDD 16'2)454-8535
COMPREHENSIVE GUIDE PLAN - LAND USE PLAN AMENDMENT
BUSINESS PARK (BP) LAND USE CATEGORY (CITYWIDE)
Background
The City is considering the creation of a new land use category, and corresponding zoning
district, to guide high quality mixed development that includes office, R & D and pure light
industrial uses. Current land use categories and corresponding zoning districts do not adequately
accommodate mixed developments that blend office, R & D and pure light industrial uses. As
such, the intent is to create a new land use category and corresponding zoning district to guide
the location and development of high quality mixed office/light industrial development.
The proposed Business Park land use category is intended to apply to the entire city and will
become part of the Comprehensive Guide Plan which will be updated over the next few years.
Areas of the City that would be appropriate for this land use designation will be identified as part
of the update process.
General Description
The Business Park land use category is intended to accommodate a mix of office, research, light
industrial and supporting commercial service uses. The intent is to promote higher density
officeilight industrial uses in attractive, unified developments. Development would be subject
to specific zoning and performance standards for building materials, signage and landscaping to
ensure attractive and unified development and land use compatibility adjacent to residential or
commercial/retail development.
General Policies
The following policies are intended to apply to areas designated for Business Park land use
anywhere in the City. These should be considered working policies as additional policies or
refinements of these working policies may be considered as part of the overall update to the
Comprehensive Guide Plan and Map required by 1998. However, subsequent policies or
refinements should not substantially alter the proposed direction of these interim policies.
Policies:
1. The City will support Business Park development consisting of uses that are more labor
intensive than typical industrial development, including office, research, light industrial
and support commercial services. Low density uses, such as trucking operations and
outside storage would not be encouraged.
2. The City will support Business Park development that has a tax revenue to land area ratio
higher than provided by typical industrial development.
3. The City will encourage Business Park development in locations adjacent to major
roadways, with easy accessibility and a high degree of visibility, as well as locations
D
adjacent to commercial/retail/office development (e.g. Central Area; along I-494)
4. The City will support Business Park development in areas of at least six (b) acres to
ensure sufficient size to create an identifiable presence as a cohesive development with
adequate space for aesthetic treatment.
5. Zoning classifications appropriate for the Business Park land use include Business Park
(proposed) and Research and Development.
%i
COMPREHENSIVE GUIDE PLAN - LAND USE PLAN AMENDMENT
INTERIM LAND USE POLICIES SPECIFIC TO I494/HWY 55 AREA
Background
This area, bound by I-494, TH 55 and TH 149, is guided for Commercial Planned Development
(CPD) and zoned for Planned Development (PD), except for the existing residences along Blue
Gentian which are zoned residential and agriculture. Due to lack of clear policies in the existing
Comprehensive Guide Plan regarding CPD and the absence of a specific Planned Development
Agreement relative to the PD zoning, there is no clear direction for how or what types of
development should occur in the area. Much of the area was rezoned from I-1 Light Industrial
to PD in the mid-1970s. The land use designation was changed to CPD in 1988 with the intent
that a planned development agreement would be prepared for the area. However, since no
specific development proposal emerged for the area, no planned development agreement was ever
created.
A Commercial Land Use Study completed for the City in 1994 concluded that the demand for
commercial deveiopment is limited, particularly larger scale commercial development such as a
regional shopping center, as previously envisioned for this area. The study also suggests that
areas with CPD designation be re -categorized to reflect better defined and more appropriate uses.
The City recently received a specific development proposal for property along Blue Gentian
Road. The proposal is for a "business park" consisting of a mix of office and light industrial
uses. Since this is nota commercial development the land use designation must be changed to
allow the proposed use. Subsequently, the City is considering redesignation of this area for
Business Park land use.
Given the existing mix of actual land uses, there is a need to develop policies specific to the area
to guide the transition from existing uses to future business park uses. The City's intent is to
allow existing residential uses to remain, as conforming uses, until there is demand for more
comprehensive redevelopment. Subsequently, the zoning will remain inconsistent with the
Comprehensive Guide Plan until the area redevelops on a larger scale.
General Area Description
This area consists of a variety of existing land uses including single family residential, motel,
office and older industrial uses. There is also a significant amount of vacant land within the
"triangle". The area is adjacent to an interstate freeway and two State highways. As such, it has
good visibility and access. However, access to TH .55 and TH 149 to accommodate new
development is subject to approval by the State and may be limited to ensure safe circulation and
traffic flow. The "triangle" is located between existing older industrial uses and newer light
industrial/research and development uses (The Waters). Future development should be
compatible with the existing adjacent uses. The area is subject to airport noise and potential high
volumes of truck traffic which reduce its desirability for new residential development. This is
also a major entrance to the City. As such, an opportunity exists to ensure that new development
in this area presents an attractive entry image.
Area Specific Policies
The following working policies are intended to provide additional direction in reviewing
development projects within the area bound by I-494, TH 55 and TH 149. These are intended
as interim policies to guide the transition from existing uses to future (Business Park) uses in this
area.
Policies:
1. The City expects the area bound by I-494, TH 55 and TH 149 to develop and redevelop
over the next 10-20 years with business park uses. Existing residential and general
business/industrial uses are considered transitional, but the timing of the transition to
business park uses should be a function of private market forces. The City will actively
encourage the transition to business park uses through its general marketing efforts and
consideration of potential future economic incentives.
2. The City will support the continuance of existing residential and general
business/industrial uses in the area until there is a strong indication of market support for
large scale redevelopment with business park uses. The City will support zoning of
property with existing residential uses to R-1 and zoning of properties with existing
general business/industrial uses to I-1 to allow them to exist as conforming uses until
redevelopment occurs.
3. In the future, the City will support rezoning to Business Park or compatible zoning
districts in areas of sufficient size to provide a cohesive development. The City will not
support rezoning that would result in piecemeal, lot -by -lot redevelopment or that would
result in further isolation of existing residential uses.
4. The City will strive to ensure new Business Park development does not negatively impact
existing residential properties through the development review process, including
enforcement of specific zoning standards and performance guidelines.
il
TAX INCREMENT FINANCING IN MINNESOTA
Redevelopment TIF District
Definition, Requirements and Restrictions
A redevelopment district is a type of tax increment financing district in which one of the following
conditions exists and is reasonably distributed throughout the district:
(1) parcels comprising at least 70% of the area of the district are occupied by buildings,
streets, utilities, or other improvements, and more than 50% of the buildings (not
including outbuildings) are structurally substandard requiring substantial renovation or
clearance. A parcel is deemed 'occupied" if at least 15% of the area of the parcel
contains some type of improvement; or
(2) the property consists of vacant, unused, underused, inappropriately used, or
infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-
of-ways.
For districts consisting of two or more noncontiguous areas, each area must individually qualify
under the provisions listed above, as well as the entire area must also qualify as a whole.
"Structurally substandard" is defined as buildings containing defects or deficiencies in structural
elements, essential utilities and facilities, light and ventilation, fire protection (including egress),
layout and condition of interior partitions, or similar factors. A building is not structurally
substandard if it is in compliance with the building code applicable to a new building, or could be
modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new
structure of the same size and type.
A city may find that a building is structurally substandard without an interior inspection or an
independent expert appraisal, if there exists "reasonably available evidence" to support this
conclusion. Such evidence may include size, type, and age of the building, the average cost of
plumbing, electrical, or structural repairs, or other similar information. A parcel is deemed to be
occupied by a structurally substandard building if the following conditions are meet:
(1) the parcel was occupied by a substandard building within a three-year period prior to the
parcels inclusion in the district; and
(2) if the substandard building was demolished or removed within the three year period,
such demolition or removal was performed or financed by the city, or was performed by
a developer under a development agreement with the city. In addition, the city must
have found by resolution before such demolition or removal occurred that the building
was structurally substandard and that the city intended to include the parcel in the TIF
district.
In the case of (2) above, the County Auditor shall certify the original net tax capacity of the
parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax
capacity of the parcel using the estimated market value of the parcel for the year in which the
demolition or removal occurred, and the appropriate classification rate(s) for the current year.
At least 90 percent of the tax increment from a redevelopment district must be used to finance
the cost of correcting conditions that allow designation as a redevelopment district. These
costs include acquiring properties containing structurally substandard buildings or
improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit
development, demolition of structures, clearing of land, and installation of utilities, roads,
sidewalks, and parking facilities for the site. The allocated administrative expenses of the city
may be included in the qualifying costs.
O711196
Agenda Information Memo
May 19, 1997 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. Seasonal Forestry Maintenance Worker --
ACTION TO BE CONSIDERED:
To approve the hiring of Tom Kray as a seasonal Forestn• Maintenance Worker.
Item 2. Seasonal Water Quality Assistant --
ACTION TO BE CONSIDERED:
To approve the hiring of Brian Vlach as a seasonal Xkater Quality Assistant.
Item 3. Seasonal Park Maintenance Workers --
ACTION TO BE CONSIDERED:
To approve the hiring of Dave Jungers and Shane Allen as seasonal Parks Maintenance Workers.
Item 4. Seasonal Ballfield Attendants—
ACTION TO BE CONSIDERED:
To approve the hiring of Frederick Furlow as a seasonal Ballfield Attendant.
Agenda Information Memo
April 15, 1997 Eagan City Council Meeting
Item 5. Seasonal Recreation Leader—
ACTION TO BE CONSIDERED:
To approve the hiring of Brad Eller as a seasonal Recreation Leader.
Item 6. Seasonal Concession Worker --
ACTION TO BE CONSIDERED:
To approve the hiring of Carolyn Beth Beecher as a seasonal Concession Worker.
Item 7. Seasonal Street Maintenance Workers—
ACTION TO BE CONSIDERED:
To approve the hiring of Michael Hadden and Ryan Hauensein as seasonal Street Maintenance
Workers.
Item 8. Temporary Engineering Intern --
ACTION TO BE CONSIDERED:
To approve the hiring of Dan Krocheski as a temporary Engineering Intern.
is
Agenda Information Memo
May 19, 1997
B. APPROVE CORRECTION TO SEPTEMBER 20, 1995
CITY COUNCIL MINUTES
ACTION TO BE CONSIDERED:
Approve correction to September 20, 1995 Cite Council minutes.
FACTS:
• As part of the September 20, 1995 Cite Council meeting, the following two (2) items
were added to the Personnel Items section of the Consent Agenda through the
Additional Information Memo:
1. Item 6. It was recommended to terminate the employment of an
employee or, in the alternative, a proposed discharge it if is determined
that veteran's preference rights apply.
2. Item 7. It was recommended to approve the hiring of Mike Elam as a
seasonal part-time Civic Arena ?tight Supervisor/Resurfacer.
VX'hile these two items were given approval as part of the Consent Agenda and are so
reflected in the informal "Morning After% they are not included in the formal
approved minutes of the September 20, 1997 regular meeting of the Eagan City
Council.
• This proposed action will correct that error and complete the formal record for the
September 20, 1995 meeting.
I "A:)
Agenda Information Memo
May 19,1997 Eagan City Council Meeting
C. FINAL SUBDIVISION & FINAL PLANNED DEVELOPMENT -EAGAN HEIGHTS
TOWHNOMES 211D ADDITION
ACTION TO BE CONSIDERED:
➢ To approve the Final Subdivision for Eagan Heights Townhomes 2nd Addition for 16 lots on
27.5 acres in the SWI/4 of Section 19, located north of Diffley Road, southeast of Old
Sibley Highway.
➢ To approve the Final Planned Development for Eagan Heights Townhomes 2" Addition for
110 townhome units on 16 lots in the SW 1/4 of Section 19, located north of Diffley Road,
southeast of Old Sibley Highway.
FACT:
Final plans, planned development agreements, development contracts and financial
guarantees are in order.
ATTACHMENTS: (1)
Plat Map - page
/4
r
LU
1,
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
D. INTERIM AGREEMENT RIGHT-OF-WAY USE AGREEMENT BROOKS FIBER
COMMUNICATIONS OF MINNESOTA FIBER OPTIC CABLE INSTALLATION
ACTION TO BE CONSIDERED:
To approve the right-of-way agreement to allow Brooks Fiber Communications to install fiber
optic cable during this building season.
FACTS:
The Council has previously directed preparation of a right-of-way ordinance pertaining to
telecommunications providers and other users of the public right-of-way in the City of Eagan. At
the recommendation of the League of Minnesota Cities, the City has continued any action on
such an ordinance until a state statute has been adopted in this regard. While the right-of-way
bill has been signed into law by governor Carlson on May 9, the League of Cities will be revising
its model ordinance to conform with aspects of the statute and the City will engage in further
discussions with right-of-way users before forwarding an ordinance to the Council for
consideration.
• To permit Brooks to move forward with its installation of lines and equipment during this
building season, a right-of-way agreement has been prepared by the City's
telecommunications attorney and has been executed by Brooks. The agreement provides for
performance standards comparable to that anticipated by the ordinance and provides the
public works department with oversight abilities necessary for operations within the right-of-
way.
ATTACHMENTS:
• Right-of-way agreement on pages Vthrough.
THIS AGREEMENT, entered into as of the day of , 19_, by
and between BROOKS FIBER COMMUNICATIONS OF MINNESOTA, INC., hereinafter
referred to as "Company," and the CITY OF EAGAN, MINNESOTA, a municipal corporation,
located in the County of Dakota, State of Minnesota, hereinafter referred to as the "City."
WITNESSETH:
WHEREAS, the City is the owner and/or steward of certain public right-of-way within its
corporate limits; and
WHEREAS, the Company desires to use certain public right-of-way of the City for the
purpose of construction, operation, and maintenance of a fiber optic telecommunication system
pursuant to the provisions of the laws of the state of Minnesota and ordinances and regulations
of the City, as may hereafter be amended; and
WHEREAS, the City is willing to enter into an agreement to allow the Company to use
the public right-of-way for such purposes, subject to such lawful ordinance and regulatory
provisions as City may hereinafter adopt.
NOW, THEREFORE, in consideration of conditions set forth below, the Company and
the City agree as follows:
For purposes of the Agreement, the following words and phrases shall have the meanings given
herein:
"Company" - Brooks Fiber Communications of Minnesota, Inc.
"City" - The City of Eagan, Minnesota.
"Facilities" - Telephone and telecommunications lines, conduits, ducts, wires, fiber optic
lines or cables or other cables, pipes, pipeline, poles, vaults, pedestals and appliances.
either under or above ground.
"Public Improvement" - Any existing or contemplated public facility, building, or capital
improvement project, including without limitation streets, alleys, sidewalks, sewer, water.
drainage, right-of-way improvement, and public projects planned or undertaken by the
City or any other governmental entity.
"Right -of -Way" - The surface and space above and below any real property in which the
City has an interest, whether held in fee, or other estate or interest, or as a trustee for the
public, including, but not limited to any public street, boulevard, road, highway, freeway,
lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, skyway,
skyway bridge or any other place, area, or real property owned by or under the control
of the City, or in which the City ha such an interest.
"Right -of -Way Ordinance" - An ordinance for the purpose of managing use, construction,
obstructions, restoration of or in public rights-of-way via registration, permitting and other
regulatory requirements which the City intends to adopt subsequent to execution of this
Agreement.
ale • ; J! I .•; .. rr
The City hereby grants to the Company, and any parent, subsidiary, affiliate or successor subject
to the terms and conditions hereinafter set forth, and as may be lawfully set forth in a Right -of -
Way Ordinance, permission to construct, operate and maintain its Facilities in, under, on, through
or along the Right -of -Way. The authority granted herein shall not relieve Company of any
applicable requirement in any subsequently adopted Right -of -Way Ordinance. Facilities located
in or occupying Right -of -Way pursuant to this Agreement shall be subject to such Right -of -Way
Ordinance.
0 01911 • • C * I M81A
In the use of Right -of -Way under this Agreement, the Company shall be subject to all rules,
regulations, policies, resolutions, and ordinances now or hereafter lawfully adopted or
promulgated by the City, specifically including a Right -of -Way Ordinance, and is subject to all
applicable laws, orders, rules and regulations adopted by governmental bodies now or hereafter
having jurisdiction. In addition, the Company shall be subject to all technical specifications,
design criteria, policies, resolutions, and other ordinances now or hereafter adopted or
promulgated by the City relating to permits and fees, bonding, insurance/indemnification,
sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and
any other requirements on the use of the Right -of -Way and shall comply with the following:
(a) The Company's use of Right -of -Way shall in all matters be subordinate to the
City's use of the Right -of -Way for any Public Improvement. The Company shall
coordinate the placement of its Facilities in a manner which minimizes adverse
impact on Public Improvements, as reasonably determined by the City. Where
placement is not otherwise regulated, the Facilities shall be placed with adequate
clearance from such Public Improvements so as not to impact or be impacted by
such Public Improvement as defined in the City's technical specifications and
design criteria available in the City Engineer's office or hereafter adopted.
(b) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements.
improvements of any kind, or any other Right -of -Way or portion thereof injured
or removed by the Company in its activities under this Agreement shall be fully
repaired or replaced promptly by the Company at its sole expense and to the
reasonable satisfaction of the City or owner thereof.
(c) All Facilities constructed, reconstructed, or relocated in the Right -of -Way after the
date hereof shall be placed underground unless otherwise agreed to by the City.
(d) The Company shall keep and maintain accurate records and as -built drawings
depicting horizontal and vertical location of all Facilities constructed.
reconstructed, or relocated in the Right -of -Way after the date hereof.
(e) Prior to construction, reconstruction, location or relocation of any Facilities in the
Right -of -Way, the Company shall first obtain the necessary permits from the City
Engineer's office. Each separate project shall require separate permits. All
Right -of -Way work shall be completed in accordance with the City's technical
specifications and design criteria.
(f) The Company shall cooperate promptly and fully with the City and take all
measures necessary to provide accurate and complete information regarding the
nature and locations, both horizontal and vertical, or its Facilities located within
Right -of -Way when requested by the City or its authorized agents. Such location
and identification shall be at the sole expense of the Company without expense to
the City, its employees, agents, or authorized contractors. The Company shall
have a person familiar with the Facilities, who is responsible for timely satisfying
information needs of the City and other users of the Right -of -Way.
(g) The Company shall promptly protect, relocate, remove, or adjust its Facilities
located in the Right -of -Way when such actions are requested by the City by reason
of traffic conditions or public safety, dedications of new Rights -of -Way and the
establishment and improvement thereof, widening and improvement of existing
Rights -of -Way, street vacations, change or establishment of street grade, or the
construction of any Public Improvement or structure by any governmental agency
acting in a governmental capacity. Such relocation or adjustment shall be
performed by the Company at its sole expense without expense to the City, its
employees, agents, or authorized contractors and shall be specifically subject to
rules and regulations of the City not inconsistent with this Agreement.
As soon as working drawings are available for a Public Improvement which will
require the Company to relocate its facilities, the City shall provide the Company
with written notice of desired relocation and the anticipated bid letting date of said
project. The Company shall commence planning and relocation work within thirty
(30) days of receipt of said notice, and proceed diligently to completion in a timely
manner. All relocation shall be completed at least ten (10) days prior to
commencement of the project, unless otherwise agreed to by the City.
�3�
(h) It shall be the sole responsibility of the Company to take adequate measures to
protect and defend its Facilities in the Right -of -Way from harm or damage. If the
Company fails to accurately or timely locate Facilities when requested, it has no
claim for costs or damages against the City and its authorized contractors or any
other party authorized to be in the Right -of -Way unless such parry is solely
responsible for the harm or damage by its intentional conduct.
(i) The Company shall notify the City not less than three (3) working days in advance
of any construction, reconstruction, repair, location or relocation of Facilities
which would require any street closure which reduces traffic flow to less than two
(2) lanes of moving traffic. Except in the event of an emergency as reasonably
determined by the Company, no such closure shall take place without notice and
prior authorization from the City including obtaining all necessary permits in
accordance with Section 3 (e). The City shall follow its policies in the grant or
denial of such authority, which shall not be unreasonably delayed. In addition, all
work performed in the traveled way or which in any way impacts vehicular or
pedestrian traffic shall be properly signed, barricaded, and otherwise protected.
Such signing shall be in conformance with the latest edition of the Minnesota
Manual On Uniform Traffic Control Devices, unless otherwise agreed to by the
City.
(j) The Company shall participate in the Gopher State One Call utility location
program.
In the event of any emergency in which any of the Company's Facilities located in, above or
under any Right -of -Way are damaged, or if the Company's construction area is otherwise in such
a condition as to immediately endanger the property, life, health or safety of any individual, the
Company shall immediately take the proper emergency measures to repair its Facilities, to cure
or remedy the dangerous conditions for the protection of property, life, health or safety of
individuals without first applying for and obtaining a permit as required by this Agreement or
other applicable requirement. However, this shall not relieve the Company from the requirement
of notifying the City of the emergency work and obtaining any permits necessary for this purpose
upon completion of the repairs.
The Company shall hold and save the City, its boards, commissions, officers, employees, agents,
and authorized contractors harmless from and against all claims, damages, expense, liability, and
costs including attorney fees, which may be occasioned by the Company in any manner, solely
or in part by the Company's occupancy or use of Right -of -Way, except to the extent otherwise
specified in Section 3 (h). In the event a claim shall be made or an action shall be instituted
against the City growing out of such occupancy or use of the Right -of -Way by Facilities of the
Company, then upon notice by the City to the Company, the Company will assume liability for
the defense of such actions at the cost of the Company, subject to the option of the City to appear
and defend, at its own cost, any such case.
The Right -of -Way Ordinance currently contemplated by the City implements a fee to reimburse
the City for the costs and expenses incurred by the City in managing use of the Right -of -Way and
regulating the manner of construction and placement of the Facilities within the Right -of -Way.
Should such a fee be implemented, the Company agrees to begin paying the appropriate fee
prospectively from the date of its implementation and to pay the difference between permit fees
paid for placement of Facilities pursuant to this Agreement and the fees which would have been
required pursuant to the Right -of -Way Ordinance for the placement of such Facilities. Such fee
shall be in addition to, not in lieu of, all other licenses, taxes, charges, assessments, fees or
impositions that are or may be lawfully imposed by the City or other unit of local government.
In case of failure on the part of the Company, its successors and assigns, to comply with any of
the provisions of this Agreement, or if the Company, its successors and assigns, should do or
cause to be done any act or thing prohibited by or in violation of the terms of this Agreement, the
Company, its successors and assigns shall forfeit all rights and privileges granted herein, and all
rights hereunder shall cease, terminate and become null and void, provided that said forfeiture
shall not take effect until the City shall carry out the following proceedings.
Before the City proceeds to forfeit said grant, as in this section prescribed, it shall first serve a
written notice upon the Company, setting forth in detail in such notice the neglect or failure
complained of, and the Company shall have thirty (30) days thereafter in which to comply with
the conditions of this grant and privilege. If at the end of such 30 -day period the City deems that
the conditions have not been complied with and that the Agreement is subject to cancellation be
reason thereof, the City shall take action to repeal the Agreement; setting out the grounds upon
which said grant and privilege is to be canceled or terminated. If within thirty (30) days after
such action the Company shall not have instituted an action, either in the District Court of Dakota
County, Minnesota, or some other court of competent jurisdiction to determine whether or not the
Company has violated the terms of this Agreement and that the Agreement is subject to
cancellation by reason thereof, this Agreement shall be canceled and terminated at the end of such
30 -day period. If within such 30 -day period the Company does institute an action, as above
provided, to determine whether or not the Company has violated the terns of this Agreement and
that the Agreement is subject to cancellation by reason thereof and prosecutes such action to final
judgment with due diligence, then, in that event, in case the court finds that the Agreement is
subject to cancellation by reason of the violation of its terms, this Agreement shall terminate
thirty (30) days after such final judgment is rendered. In accordance with Section 12 herein,
Company shall be obligated, at all times, to keep City apprised of its current mailing address.
Yak t .M M"M 13 1 y 1
Upon expiration of this Agreement, whether by lapse of time, by agreement between the Company
and the City, or by forfeiture thereof, the Company shall remove from the Rights -of -Way any and
all of its Facilities that are the subject of this Agreement within a reasonable time after such
expiration, and, it shall be the duty of the Company immediately upon such removal to restor the
Right -of -Way from which the Facilities are removed to as good condition as the same were before
the removal was effected.
This Agreement shall not in any manner prevent the City from entering into other similar
agreements or granting other or further authorizations in, under, on, across, over, through, along
or below any Right -of -Way or all other public lands and properties of every type and description.
Such Agreement shall in no way prevent or prohibit the City from using any Right -of -Ways or
other public properties or affect its jurisdiction over them or any part of them, and the City shall
retain power to make all necessary changes, relocations, repairs, maintenance, establishment,
improvement, dedication of same as the City may deem fit, including the dedication,
establishment, maintenance, and improvement of all new Rights -of -Ways and other public
properties of every type and description.
This Agreement shall be fully and completely superceded upon adoption of a Right -of -Way
Ordinance and the terms therein shall be controlling.
In the event no Right -of -Way Ordinance is adopted, this Agreement shall be and remain in full
force and effect for a period of ten (10) years from the effective date hereof, unless sooner
terminated as herein provided. In such case, the parties hereto agree that this Agreement may be
renewed at the end of the term for an additional ten (10) year term subject to the renegotiation of
all provisions including conditions of use. The Company shall give notice of its interest in
extension of this Agreement at least six (6) months prior to the expiration of the term. The parties
further agree that the Agreement may be modified, if during the term indicated above it becomes
legally necessary in order to remain in compliance with any changes in state law.
The rights contained in this Agreement inure to the benefit of the Company, and any parent,
subsidiary, affiliate or successor entity now or hereafter existing. The rights shall not be
assignable to any other person or entity without the express written consent of the governing body
of the City, which consent shall not be unreasonably withheld.
M
All notices required to be given to either party under the provisions of this Agreement shall be
deemed served when delivered by hand, or 48 hours after being sent by certified United States
mail, return receipt requested, in writing to the persons specified below.
All notices required to be given the City shall be delivered or mailed to: . All
notices required to be given to the Company shall be delivered or mailed to: Brooks Fiber
Communications of Minnesota, Inc., 425 Woods Mill Road South, Suite 300, Town & Country,
Missouri 63017, ATTN: President.
This Agreement represents the entire Agreement between City and the Company, and may be
amended only by written instrument, signed by both parties, or may be fully and completely
superceded by a Right -of -Way Ordinance.
pixelorW / -Xlolqvil
If a court of competent jurisdiction should hold any section or part of this Agreement invalid, such
holding shall not affect the remainder of this Agreement nor the context in which such section or
part so held invalid may appear, except to the extent that an entire section or part may be
inseparable connected in meaning or affect with that section or part.
The parties hereto set their hands to this Agreement the date and year above stated.
CITY OF EAGAN, MINNESOTA
E-112
Thomas Egan, Mayor
Thomas Hedges, Administrator
APPROVED AS TO FORM:
BROOKS FIBER COMMUNICATI
OF MIIvTNES , INC.
BY: Z
ennis Calhoun
Assistant Vice President of
Right -of -Way
,City Attorney CnCABLE EAGANAMA.AW!,
;�3
Agenda Information Item
May 19,1997
E. COMPREHENSIVE GUIDE PLAN AMENDMENT — DAUGHTERS OF
PENELOPE
ACTION TO BE CONSIDERED:
> To retain the existing RB (Roadside Business) designation by accepting withdrawal of a
request for a Comprehensive Guide Plan Amendment from RB, Roadside Business, to D -IV,
Multiple Residential for Lot 3, Block 1, Blackhawk Plaza, located east of Diffley Square
shopping center, west of I -35E and north of Diffley Road in the southeast'/4 of Section 20.
FACTS:
> The Daughters of Penelope requested this amendment to the Comprehensive Guide Plan to
allow the construction of a three-story apartment building for seniors.
> The City Council gave preliminary approval to the Comprehensive Guide Plan Amendment
in August of 1996, but decided not to take final action to implement the amendment until the
project proceeded forward for development approval.
> The Daughters of Penelope were unable to secure funding for this project and consequently,
are no longer considering this site for their senior housing project. They have therefore
withdrawn their application to the City for a Comprehensive Guide Plan Amendment.
ISSUES:
> By accepting the applicant's withdrawal, the City Council will remove the pending D -IV
designation and this property will retain the RB land use designation.
ATTACHMENTS:
Applicant/Owner withdrawal, page.
city of eagan
THOMAS EGAN
April 21, 1997 Move'
PATRIC A AWADA
BEA BLOMQUIS7
Daughters of Penelope #35 Mr. Thomas Roberts SANDRA A MASIN
c/o Angie Speliopoulos Mr. Mike Tobin
THEODORE Me beers ITER
Council Members
6004 Tamarac Avenue 8120 Penn Ave. S., Suite 151I
Edina, MN 55436 Bloomington, on MN 55431 THOMAS HEDGEScoor
City Adminis'rator
Re: Case 20 -CG -7-6-96; Lot 3, Block 1, Blackhawk Plaza E. J VAN OVERBEKE
City Ciere
Dear Ms. Speliopoulos, Mr. Roberts and Mr. Tobin:
I have been informed that the Daughters of Penelope will not be moving forward with the senior housing
project on this property. However, since the application for a Comprehensive Guide Plan Amendment
has not been withdrawn, it is still pending with the City. Therefore, I have prepared below a statement of
withdrawal and provided signature spaces for both the applicant and the property owners. Once signed,
please return it to me for our records by May 6.1997.
Thank you for your cooperation. If you have any questions, please call meat 681-4691.
Sincerely,
Pamela Dudziak
Associate Planner RECEIVEDApR 2 6
--------------------------------------------------------------
We hereby withdraw our request for a Comprehensive Guide Plan Amendment to change the land use
designation of Lot 3, Block 1, Blackhawk Plaza in Eagan, Minnesota, from RB, Roadside Business, to D-
IV, Multiple Residential.
i
iBy: Anfie ie Spelio.4oulos
Daughters of Penelope #35 Applicant)
7--,o
_1
�' 4014�
Thomas Roberts (Owner)
t
Mike Tobin (Owner)
MUNICIPAL CENTER
3630 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122-1897
PHONE- (612) 681-4600
FAX (6.2) 681-4612
TDD (6,2)464-8535
Date
Date
N
Date
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative A n Employer
a
MAINTENANCE FACILITY
3501, COACHMAN POIN,:
EAGAN. MINNESOTA 55122
PHONE' (612% 68 � -4300
FAX (6'2"601.4360
TDD (612)454-8535
Agenda Information Item
May 19,1997
F. FINDINGS OF FACT ON DENIAL OF A COMPREHENSIVE GUIDE
PLAN AMENDMENT — COMMONBOND COMMUNITIES
ACTION TO BE CONSIDERED:
> To approve a resolution denying a request by CommonBond Communities for a
Comprehensive Guide Plan Amendment from GB, General Business, to D -III, Mixed
Residential, on property legally described as Lots 1 and 2, Block 1, Cedar Ridge 2nd
Addition, located between Nicols Road and Cedar Avenue (Hwy. 77) on Cedar Ridge Circle
in the northwest'/4 of Section 30.
FACTS:
> The City Council reviewed CommonBond Communities request at it regular meeting on May
b, 1997.
> The City Council recommended denial of the requested Comprehensive Guide Plan
Amendment due to concerns about safety, airplane noise, and incompatibility of the proposed
residential use with the surrounding area. The City Council directed legal staff to prepare
findings.
ATTACHMENTS:
Findings of Fact, Conclusions and Resolution, page through
.30
W41
BEFORE THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
In Re: Petition by CommonBond Communities and Tiller Corporation
to Amend the Land Use Designation Section
of the Comprehensive Guide Plan from General FINDINGS OF FACT,
Business to D -R Mixed Residential CONCLUSIONS
(6-12 units per acre) for Approximately AND RESOLUTION
5.25 Acres of Property Described as Lots 1 and 2,
Block 1, Cedar Ridge 2nd Addition, Located
West of Nicols Road and East of Highway 77 at
Cedar Ridge Circle in the Northwest Quarter of Section 30
On April 23, 1997, following publication of notice to the public, the Advisory Planning
Commission to the City of Eagan conducted a public hearing, to consider the application of
CommonBond Communities and Tiller Corporation ("Applicant") concerning approximately 5.25
acres of platted property described as Lots 1 and 2, Block 1, Cedar Ridge 2nd Addition, located
West of Nicols Road and East of Highway 77 at Cedar Ridge Circle in the Northwest Quarter of
Section 30, Township 27N, Range 23W, Dakota County, Minnesota (the "Site"). The Applicant
requested an amendment to the Eagan Comprehensive Land Use Guide Plan and map for the Site,
which would change the Site designation from GB (General Business) to D -III Mixed Residential
(6 - 12 units per acre).
The Applicant appeared at the April 23, 1997 public hearing and its representatives spoke
in favor of the request. During the hearing, the planning commission received and considered
staff and citizen input, planning reports, and other background information. Following the public
hearing, the Advisory Planning Commission had a tie vote on a recommendation for the
application.
Q-�
The matter then came before the Eagan City Council at its May 6, 1997 meeting. The
Council received, considered and discussed the April 23, 1997 Advisory Planning Commission
issues, input from staff and residents and the planning report, together with all of the existing files,
records and prior proceedings and Applicant's input.
Based upon all of the files, records, prior proceedings and input which was presented at
the meeting, the Council makes the following Findings of Fact, Conclusion and Resolution:
1. The Applicant requested an amendment to the land use section of the
comprehensive guide plan to change the Site's designation from GB (general business) to D -III
mixed residential (6 - 12 units per acre).
2. The comprehensive guide plan and map reflect the policies and goals of the City of
Eagan's planning.
3. The property consists of two lots, one 2.3 acres in area and the other 3.7 acres.
The property currently is zoned limited business and the Comprehensive Guide Plan is designated
for general business.
4. The site is between Highway 77 (Cedar Avenue) and Nicols Road on Cedar Ridge
Circle. The elevation of the site is above the grade of Highway 77 (Cedar Avenue).
5. The property is bounded on the north by a church which is zoned public facilities
and guided public facilities; on the south, the land is vacant but guided CSC community
shopping center and zoned CSC community shopping center; on the east by office buildings and
Jerry's Gardens and Nursery which are guided limited businesses and zoned limited business; and
on the west by Cedar Avenue (state trunk Idighway 77).
6. Jerry's Garden representative testified to significant safety concerns. Jerry's uses
heavy equipment (tandems, semi -trailers and pay loaders) in its operation. Jerry's also pulverizes
black dirt up to eight hours a day in the spring season. Jerry's representative testified that it is hard
to see children in Jerry's yard and that children often climb on Jerry's dirt piles. He further testified
that more housing would probably bring more children closer to Jerry's operations.
7. Jerry's representative also testified to a large amount of commercial traffic on
Nicols Road which would raise safety concerns with additional children. Jerry's indicated that it
recei�,ed 6,000 cubic yards of black dirt at a time.
8. Jerry's machinery and equipment are outfitted with backup bells. In addition, its
pulverizing equipment is often operated at high RPMs. As a result, there is significant noise to
adjacent properties. Jerry's representative believes that this would be a detriment to residential
housing.
9. The area has long been designated as business and commercial by the City's
Comprehensive Guide Plan.
10. A change in the Comprehensive Guide Plan from GB to RHI would ultimately
require rezoning by the City to residential.
11. The potential airplane noise in this area is more of a detriment to residential
development then it would be to commercial operations.
12. The Site is not unviable economically.
13. Minn. Stat. §462.355, Subd. 3 requires a two-thirds vote of all of the City
Councihmembers to amend the Comprehensive Guide Plan.
CONCLUSIONS
1. This matter is properly before the City Council of the City of Eagan, Dakota County,
Minnesota.
2. By reason of the truck traffic and existing commercial operations, adding residential and
more children to the area poses safety concerns.
3. Existing commercial operation noise and the potential for additional aircraft noise would
be detrimental to residential development.
4. The character of the surrounding area is more in tune with the current GB designation
shown on the Comprehensive Guide Plan.
Changing the Comprehensive Guide Plan to residential would require a rezoning to
residential which would be out of character with the surrounding area.
6. By the greater weight of the record and information presented, it is hereby determined by
the City Council of the City of Eagan that an amendment to the Comprehensive Guide Plan Land
Use Section is not warranted.
1114 ViIJ-1k
The City Council of the City of Eagan does hereby resolve that the proposed for
amendment to the Comprehensive Land Use Guide Plan so as to designate approximately 5.25
acres of property legally described as Lots 1 and 2, Block 1, Cedar Ridge 2nd Addition, located at
the West of Nicols Road and East of Highway 77 at Cedar Ridge Circle in the Northwest Quarter
of Section 30, Township 27N, Range 23W, Dakota County, Minnesota from GB (general
business) to D -III mixed residential (6 - 12 units per acre) is hereby denied.
Dated at Eagan, Minnesota this 19th day of May, 1997.
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk
30
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
G. PROCLAMATION OBSERVING PAUSE FOR THE PLEDGE OF ALLEGIANCE
ON JUNE 14 AT 6:00 P.M.
ACTION TO BE CONSIDERED:
To proclaim June 14, 1997 at 6:00 p.m., to be a time to "Pause for the Pledge of Allegiance- in
the City of Eagan.
FACTS:
The City is in receipt of correspondence from the National League of Cities requesting that
Eagan proclaim 6:00 p.m. on Saturday, June 14, Flag Day, as the "Pause for the Pledge of
Allegiance."
• The event has special significance this year as it corresponds with the 220' anniversary of the
first U.S. flag.
ATTACHMENTS:
•Proclamation on pageoj
• 1vLC Correspondence on pagesjyl
througl.
31
PROCLAMATION
CITY OF EAGAN
ANNUAL NATIONAL PAUSE FOR
THE PLEDGE OF ALLEGIANCE TO THE FLAG
National Flag Day - June 14,1997
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the
first official Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was
designated "NATIONAL FLAG DAY;" and
WHEREAS, the Congress has requested the President to issue annually a
proclamation designating the week in which June 14 occurs as "NATIONAL FLAG
WEEK;" and
WHEREAS, on December 8, 1992, the National Flag Day Foundation was
chartered to conduct educational programs and to encourage all Americans to PAUSE
FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day
throughout the nation; and
WHEREAS, by Act of Congress, dated June 20, 1985, Public Lay 99-54 was
passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the
celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a
republic, and stands for our country's devotion to freedom to the rule of all, and to equal
rights for all;
NOW, THEREFORE, the Eagan City Council hereby proclaims 6:00 p.m. CDT
on June 14, 1997 to be the observance of the PAUSE FOR THE PLEDGE OF
ALLEGIANCE to the Flag and urge all citizens of Eagan to join all Americans at that
time in reciting the Pledge of Allegiance to the Flag of the United States of America.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
Attest:
Its Mayor
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota.
do hereby certify that the foregoing proclamation was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this day of
E.J. VanOverbeke, City Clerk
City of Eagan
�iNational
1301 Pennsylvania Avenue N.W.
Officers
U
League
Washington, D.C.
President
of
20004
Mark Schwartz
Council Member, Oklahoma Coy, Oklahoma
Cities(202)626-3000
F
Fax: (202) 626-3043
First Vice President
Brian J. O'Neill
Council Member. Philadelphia. Pennsylvania
April 10, 1997
ClarenceAnd nthony'denr
Mayor, South Bay, Ronda
Immediate Past President
Gregory S. Lashutka
Mayor. Columbus, Ohio
Dear Mayor.
Executive Director
Donald J Both
I am writing this letter to our nation's municipal leaders to encourage you to lead your community
on Saturday, June 14, in the 18th annual national "Pause for the Pledge of Allegiance" as part of
Flag Day observances throughout the United States.
The American flag is a universal symbol of the resilient strength and the enduring national unity and
spirit of the American people- Whether flying atop the White House, the Capitol or a City Hall, or at
a solemn memorial to events that have shaped our history, our flag signifies the freedom and oppor-
tunities we all enjoy. The Pledge of Allegiance has become just as enduring a statement about our
nation as the flag it honors; it is an affirmation of our shared beliefs and aspirations.
The "Pause for the Pledge of Allegiance" is a call for Americans everywhere — regardless of age,
race, religion, national origin, geographic or political differences — to join in reciting the Pledge of
Allegiance at 7 p.m. EDT on Flag Day. The ceremony was conceived in 1980 by the National Flag
Day Foundation in Baltimore and has become an annual event since then. It has gained widespread
support from the President and Congress, from state and local leaders, and civic, business, service,
veterans and educational groups nationwide. The "Pause for the Pledge of Allegiance" was made an
official Flag Day ceremony by an Act of Congress in 1985.
The national ceremony will again be held at Fort McHenry in Baltimore, where Francis Scott Key saw
the "Star Spangled Banner" flying above the ramparts during the War of 1812, inspiring him to write
the words that became our national anthem. President Clinton has been invited to lead this year's
"Pause for the Pledge of Allegiance" from the White House.
In its effort to spread the word about Flag Day and the "Pause for the Pledge of Allegiance," the
National Flag Day Foundation has assembled a very useful set of materials including a sample
proclamation, information about organizing events in your community, historical and educational
materials, and other suggestions. The enclosed request form can be sent or faxed to the Foundation's
offices in Baltimore, or information can be downloaded from the on-line addresses and Web Sites
included on the request form. Help your citizens become part of this brief but powerful act of national
solidarity and fellowship. Join in the "Pause for the Pledge of Allegiance" on Flag Day.
Sincerely,
G��ZG�GLlAz�.'.
Mark Schwartz
President
Council Member, Oklahoma City, Oklahoma
enclosure
Post Presidents: Carolyn Long Banks, Councilwoman -at -Large, Atlanta. Georgia - Glenda E. Mood, Mayor, Orlando, Florida - Sharps James, Mayor. Newark. New Jersey - Cathy Reynolds,
Councilwoman -at -Large, Denver Colorado - Directors: Floyd Adams, Jr., Mayor. Savannah, Georgia - Ken Bacchus, Councilman. Kansas City Missouri - Geoffrey Beckwith, Executive
Director, Massachusetts Municipal Association - Sharon Sayles Belton, Mayor, Minneapolis, Minnesota - Thomas G. Brodeweg, Executive Director. Iowa League of Cities - Lucille C.
Brogden, Counco Vice President. Hyattsville. Maryland - Susan J. Cave, Executive Director, Ohio Municipal League - Carol Y. Clark, Councilmember East Orange, New Jersey - Mary
Clark, Council Member. Camden, South Carolina - Carl Clessen, Executive Director, Wyoming Association of Municipalities - John DeStallmno, Jr., Mayor, New Haven, Connecticut - Thomas
Duane, Councilmember, New York New York - Jerry Dunn, Mayor. Benbrook, Texas - Howard E. Duvall, Jr., Executive Director, Municipal Association of South Carolina - Gana Feldman,
Alderman, Evanston, Illinois - John Ferraro, City Council President, Los Angeles. California - Patricia Figueroa, Council Member, Mountain View. California - Stan Finkelstein, Executive
Director. Association of Washington Cities - William F. Fulginitl, Executive Director, New Mexico Municipal League - Paul Holmke, Mayor, Fon Wayne. Indiana - Victor Hernandez,
Councilmember. Lubbock. Texas - Linda Lawrence. Alderman, Wausau Wisconsin - Patricia Lockwood, Mayor, Fenton, Michigan - Beverly Motion, Board of Aldermen President. Loyisville,
Kentucky - Joe Murdy, Assembly Member, Anchorage Alaska - William F. Murphy, Mayor, Woodridge Illinois - Thomas C. Owens, Councilmember, Overland Park. Kansas - Sedalia
Sanders, Council Member. EI Centro. California - Marjorie Schramm, Mayor. Kirkwood, Missouri - Larry L. Schultz, Councilman, Rockledge. Florida -Judy Ferguson Shaw, Councilwoman.
Berkeley Missouri - Eric Smith, Council President Jacksonville, Florida - Harry Smith, Mayor, Greenwood. Mississippi - Tommy Swaim, Mayor, Jacksonville, Arkansas - Retard C.
Thaobold, Counco Member. Grand Junction, Colorado - William E. Thornton, Mayor. San Antonio. Texas - Jack Valencia, Jr., Councillor, Las Cruces, New Mexico - Marcia Weaver.
Council Member. Jackson. Mississippi - Georgi C. Wright, Jr., Executive Director, Delaware League of Local Governments - Charles C. Yancey, Councillor. Boston, Massachusetts
Recycled P
Hillsy Rodeam Clinton
Hoeeroy N.6.1 Ctisi.
Parc, /o. otic PJodgr
olAiugaas Prw�.aw�
Ck—
Heart' A. Rorml g, J,.
Cesitman of the Beava
Comm Central Petroleum
Louis V. Koe:6er
preaidmt
Bujeie's Paints, Inc.
Vie P—;Lf
L-" M Pset— CLL:. WC
Psn—Ima'asee & A—t .. ;ar
Treat—
Jeaaife,A. Weie
Vice P.idmt
NateasBank NA
seeroesry
Ga mp E. Thomsen, Esq
McKenaey. Thomsen & Burk
Gsirge L'. Mc iarar.
C6., Ecus.- Cemm;ttee
Wtuncre Go & Electric Co.
Jams McManus (McKay)
spars Commeatatc4ournaust
ABC Teiewion Net.erl:
Julie Me=
Sensor Vice Prmdmt
W.B. Dona & Co.
W. S. Richanlaon, FA.D.
ProaJant
Morgan State Unwartity
Bemis Robinson
Bssebal: Hall of Fame
General John Ir. V..y, Jr.
USA (R -L)
Forma Chairman, Joint C66
of Staff. The Pentagon
Alar, R. Walelm
New Anal
WBAIAR 6
Dimes Ease".
Hezket E. Witz, Esq.
Dr. Milton S. Fiamkrc
(1899-1985)
P' NATIONAL FLAG DAY FOUNDATION, INC.
418 South Broadway * Baltimore, Maryland 21231 * (410) 563 -FLAG * FAX (410) 342-8663
Dear Mayor, May, 1997
On behalf of the National Flag Day Foundation Board Members and the many
volunteers of the Foundation, I express our gratitude to you, your City Council
Members, and the citizens of your community for participating in the
Foundation's 18th annual National PAUSE FOR THE PLEDGE OF
ALLEGIANCE program of national unity.
Your President, Mark Schwartz, has described the Foundation's program very
well in his letter to the League of Cities Members. The National Flag Day
Foundation and the National League of Cities are joining hands as partners for
the 15th year to honor our Flag on Flag Day, June 14.
We ask your support and cooperation in these specific ways:
- Please send copies of your letter to President Clinton and your
Proclamation for display purposes in Baltimore.
- In your press release, please encourage all of your citizens to PAUSE
FOR THE PLEDGE OF ALLEGIANCE wherever they are at 7:00 p.m.
EDT. Only their imagination limits what they, can do to encourage
Additional participation.
- After Flag Dav, please send copies of media coverage you have received.
- Please use our Internet address listed below to obtain your 1997 Flag Day
program materials. -
The National Flag Day Foundation thanks you for your leadership as you help us
"Pass the Baton of Patriotism" to the vouch of America. They truly are the
future of our nation -
Sincerely,
Louis V. Koerber
President and Founder
Look for us on the Internet
http://www.ubalt.eduVflagday
You can bookmark the page
Annual Pause For The Pledge of Alle lan�L.,"v � DAY USA * - i
� g line 14 07 Q., i EDT
We would like to share with you
"What's Happening" in Baltimore this year.
CELEBRATING IN 1997
THE BICEN71NMAL OF BALTIMORE CIT" Y'
AND THE 220TH ANNIVERSARY OF THE FIRST U.S. FLAG
To honor EWtimore's celebration of its 200th year and the city's place in history
as the birthplace of our National Anthem, the National Fig Day Foundation
invites you to be part of a unique .and inspiring program.
The 15 -star, 15 -stripe Star-Spangled Banner was the flag that inspired Francis
Scott Kcy's stirring words that are our National Anthem. It was also the official
United States Flag (1795-1818) when Baltimore City was founded in 1797.
The United States Congress dedicated the peenod from F12g Day, June 14th,
through Independence Day, July 4th, as "21 Days to Honor America"(89
STAT.21 I). Our goal is to see authentic tgxoductions of this historic Star-
Spaugied Banner flag fly on all government, business, civic and ,sen4c e
o rmizati ms and private flagpoles within Baltimore City during those
official 21 days. We of course, welcortee others throughout the Country to
participate.
The Nations] Flag Code states that any of the 27 official united States Flags may
be flown in accordance with code regulations.
Fly ymc Sur -Spangled Banner Flag or the Flag of the United States during the
"21 Days to Honor America" not only this year but in future years in Baltimore,
MwTland and across the Country.
We look forward to your help in celebrating Baltimore City's 200th year and the
"21 Days to Honor America" through this unique and inspiring program.
'1"3unk You,
Azz, V.
Louis V. Koerber,
President and rounder
Agenda Information Memo
May 19, 1997
ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 97-06
(Miscellaneous Street Overlays) and order an advertisement for a bid opening to be held at 10:30
a.m. on June 13, 1997.
FACTS:
Contract 97-06 combines the following projects for street resurfacing/overlays to obtain
economical bids under the economies of scale theory.
project # Project Area Public Hearing Date
Project 715 Heine Strasse April 15, 1997
Project 714 Donald Avenue April 15, 1997
Project 713 Denmark Avenue-Coun,Trail, Kolstad Lane -Road April 1, 1997
Project 711 Denmark Avenue (Town Centre 70' Addition) - Sidewalk NA (Waiver)
Project 704 Wescott Road August 6, 1996
As a result of the respective public hearings for each project, the City Council authorized the
preparation of detailed plans and specifications which have now been completed and are being
presented to the Council for their consideration of authorizing the competitive solicitation of
bids.
3'1
Agenda Information Memo
May 19, 1997
ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 97-08
(Wescott & Pilot Knob Road - Signal Revisions) and authorize the advertisement for a bid opening
to be held at 10:30 a.m. on Friday, May 30, 1997.
FACTS:
■ Contract 97-08 provides for the revision of the signal system located on Pilot Knob Road @
Wescott Road to accommodate the extension of Wescott Road into the Kingswood Ponds
Addition located west of the Fire Administration Building.
• As a result of a public hearing held on August 6, 1996, the City Council authorized the
preparation of detailed plans and specifications which have been completed and are being
presented to the Council for their consideration of authorizing the solicitation of competitive
bids.
ACTION TO BE CONSIDERED: Approve an agreement with the Soo Line Railroad for
Project 688 and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Project 688 (Eagandale Corporate Center - Streets & Utilities) provides for the extension and
connection of Aldrin Drive from Mike Collins Drive to Neil Armstrong Boulevard which
crosses a spur of the CP Rail/Soo Line Railroad. In order to accommodate the construction of
this railroad crossing, the City must enter into an agreement with the Soo Line Railroad who
will be performing the work within their right-of-way.
• This agreement has been reviewed by staff and found to be in order for favorable Council
action.
3
9
Agenda Information Memo
May 19, 1997
Lelmo 1 OWN V XTM.[fill
ACTION TO BE CONSIDERED: To receive a petition to vacate a drainage and utility
easement as described and schedule a public hearing to be held on June 17, 1997.
FACTS:
■ The Tesseract School is proposing to build an expansion which will encroach upon a
previously dedicated common lot line drainage and utility easement over Lot 1, Block 1,
Michael Sill Addition. Subsequently, they have submitted a petition requesting the City to
vacate this easement.
• All application materials have been submitted, reviewed by staff and found to be in order for
favorable Council action of scheduling a public hearing to formally discuss the merits of this
petitioned request.
Agenda Information Memo
May 19, 1997
Igo W Z021) u s 61W411
ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a
feasibility report for Project 721 (Mulcahy Addition - Sanitary Sewer).
FACTS:
• The City has received a petition from the perspective purchasers of Parcel 011-02 (Section 19)
being replatted as the proposed Mulcahy Addition. This petition requests the extension of
sanitary sewer lateral to service the proposed development which is located just east of the
Tesseract School.
• The petition guarantees all costs associated with preparing this feasibility report if, for some
reason, the project is not approved as a result of the public hearing process.
ACTION TO BE CONSIDERED: To amend the development agreement for the Apollo
Addition by deleting the requirement for local streetlight installation.
FACTS:
Paragraph "64" of the Apollo Addition development agreement requires the subdivision to
provide for the installation of local streetlights. This is a typical condition of all residential and
retail commercial developments. However, the Apollo Addition is a replat of an industrial land
use development and the installation of local streetlighting at their entrances is premature and
not necessary. Based on the cost estimated provided to install this streetlighting system, the
developer has requested the City to delete the requirement. Staff has reviewed this request and
found to be in order for favorable Council consideration.
Note: This item may have inadvertently been published in the legal newspaper as the "Eagandale
Corporate Center" instead of "Apollo Addition". Staff will try and have the error corrected before
publication, if possible.
4-0
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
N. APPROVE CONTRACT BETWEEN DAKOTA COUNTY AND THE CITY OF
EAGAN TO FUND PREARRIVAL INSTRUCTIONS IN EMERGENCY SITUATIONS
ACTION TO BE CONSIDERED:
To approve a contract ,%ith Dakota County which will provide County seatbelt funds for use to
provide prearrival emergency medical instructions.
FACTS:
• The Police Department intends to work with Healtheast ambulance services to provide
prearrival emergency medical instructions to citizens seeking such information when
contacting the City's emergency services.
• Under statute, the County may receive seatbelt funds for this purpose and can transfer them
to local units of government for such purposes. If the funding agreement is approved. the
City will execute a separate agreement with Healtheast to fund the services.
ATTACHMENTS:
a Contract on pages through .
AFI
THIS AGREEMENT is between the COUNTY OF DAKOTA (hereinafter the "COUNTY')
and the CITY of EAGAN (hereinafter "CITY").
WHEREAS, the COUNTY and CITY are both governmental units within the meaning of
Minn. Stat. § 471.59; and
WHEREAS, both the COUNTY and the CITY have authority to provide dispatch services
to residents of Dakota COUNTY; and
WHEREAS, both the COUNTY and the CITY desire to find a means to provide citizens
access to pre -arrival emergency medical instructions; and
WHEREAS, under Minn. Stat. § 169.686, the COUNTY has authority to seek seat belt funds
for use in pre -arrival emergency medical instructions.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
this Agreement, the parties mutually agree to the following terms and conditions:
The purpose of the Agreement is to provide the CITY with funds from the COUNTY
seat belt fund that the CITY can make available for pre -arrival emergency medical
instruction services, from a vendor, for those citizens who desire such service.
The term of this Agreement is from the date of signature to December 31, 1997 and
it shall be automatically renewed for one year terms thereafter unless otherwise
terminated in accordance with the terms of this Agreement.
911110—DIM Ma 1P#T-T6T*WJB1VdrToT-lPoTX00W4
A. The COUNTY shall request seat belt funds for the uses set forth herein from
Dakota County Public Health.
B. The CITY will seek a vendor who is capable of providing pre -arrival
emergency medical instructions to those citizens who are seeking such referral.
TO .311 313
U a !
THIS AGREEMENT is between the COUNTY OF DAKOTA (hereinafter the "COUNTY')
and the CITY of EAGAN (hereinafter "CITY").
WHEREAS, the COUNTY and CITY are both governmental units within the meaning of
Minn. Stat. § 471.59; and
WHEREAS, both the COUNTY and the CITY have authority to provide dispatch services
to residents of Dakota COUNTY; and
WHEREAS, both the COUNTY and the CITY desire to find a means to provide citizens
access to pre -arrival emergency medical instructions; and
WHEREAS, under Minn. Stat. § 169.686, the COUNTY has authority to seek seat belt funds
for use in pre -arrival emergency medical instructions.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
this Agreement, the parties mutually agree to the following terms and conditions:
The purpose of the Agreement is to provide the CITY with funds from the COUNTY
seat belt fund that the CITY can make available for pre -arrival emergency medical
instruction services, from a vendor, for those citizens who desire such service.
The term of this Agreement is from the date of signature to December 31, 1997 and
it shall be automatically renewed for one year terms thereafter unless otherwise
terminated in accordance with the terms of this Agreement.
911110—DIM Ma 1P#T-T6T*WJB1VdrToT-lPoTX00W4
A. The COUNTY shall request seat belt funds for the uses set forth herein from
Dakota County Public Health.
B. The CITY will seek a vendor who is capable of providing pre -arrival
emergency medical instructions to those citizens who are seeking such referral.
C. The CITY shall provide the COUNTY with a copy of any such agreement
entered into with a vendor to provide the information services contemplated
hereunder, and shall keep such records as reasonably required or requested by the
COUNTY.
The total amount payable to the CITY under this Agreement is $
\•� :.. •.�. •ro MN 91 WM�•
Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated by either party in the event seatbelt funds are not available to the
COUNTY as contemplated at paragraphs 1 and 3A herein, or are not continued at
least on the level relied on for performance of this Agreement, and neither party shall
have further financial obligations under this Agreement.
This Agreement may be terminated by either party- at any time, with or without cause.
upon written notice to the other party.
It is agreed that nothing herein contained is intended or should be construed in anx•
manner as creating or establishing the relationship of agents, partners, joint ventures
or associates between the parties hereto.
Each party shall be liable for its own acts to the extent provided by law and hereby
agrees to indemnify, hold harmless and defend the other, its officers and employees
against any and all liability, loss, costs, damages, expenses, claims or actions,
including attorney's fees which the other, its officers and employees may hereafter
sustain, incur or be required to pay, arising out of or by reason of any act or omission
of the party, its agents, servants or employees, in the execution, performance, or
failure to adequately perform its obligations pursuant to this Agreement.
2
4,50
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement on
the dates indicated below.
Approved As To Form:
Assistant County Attorney/Date
Approved As To Execution:
Assistant County Attorney
Approved by County Board
Resolution No.
For City of Eagan
Thomas A. Egan, Mayor
Date
Attest
Type Name E.J. VanOverbeke
Title: City Clerk
Date
For County
Don Gudmundson
Dakota County Sheriff
3
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
O. RECOMMENDATION AIRPORT RELATIONS COMMISSION
PREFERRED ALTERNATIVE NOISE ABATEMENT DEPARTURE PROFILES
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission identifying a preferred
alternative from among the noise abatement departure profile to be recommended to the
Metropolitan Aircraft Sound Abatement Council for implementation at the Minneapolis/St. Paul
International Airport.
FACTS:
At its meeting of May 15, the Airport Relations Commission received a briefing by MAC staff
on the alternative noise abatement departure profiles which will be implemented at NSP. The
alternatives have been developed by Northwest Airlines and the other airlines and differ only in
terms of the areas of significant impact caused by the alternatives. The airlines are willing to
implement either alternative depending upon local designation.
On the basis of its analysis and discussions with MAC staff, the commission is
recommending implementation of the Distant '_poise Abatement Profile. The conclusion of
the commission is based on the affected population and affected area for each alternative and
assumptions about community Aide impact.
ATTACHMENTS:
• C immunity impact comparisons and D'NL contour comparisons on pages �� through
#A
t• N A
Zo0000 ZOOOpo -jOccco-j00000-+o000o -j�0000
� D O O D O Q N eh
O
ui Aco
w
Z o 0 0 0 0 Z 0 0 0 0 0 Z O o 0 0 0 2 0 0 0 0 0 Jj w 0 0 0 0 Z^ N O
IL O D O O O DN
W
V 4 se a
WQNN000 ONO -Or Q00000 Qp0000 QtO��O1D C^off Oe+f
�DIr
e
Wca O tO $ A
ZOti000 Z�NMOf+f Z��O�N z�f'f 000 ����00 JO�O�
a1J D� O O O O� pNN
Ewo Elmo— E'��o E wo E-2 IEEE
ax a
L S
cot f AG co �G N ao � y O N �Q COLL
Z Z Z to Z y2 Z
A A ti ti A A
z 0 0 0 0 0 2 0 0 0 0 0 Z 0 cc 0 0 Z 0 0 0 0 0 z 0 0 coo Z of -coo
Mi O O O O O O
� o
A N A ~ A
Z 0 0 0 0 0 2 0 0 0 0 0 z O o 0 0 0 J o 0 0 cc J 0 0 0 0 0 J O O N O
X O O O O p Z ;; cm
W
ii N O m m m m
rM
Zj�N000 Zo�o�o� z00000 z00000 Z �.-ow zqr�ooeh
O� W O O O O D O co
�O
rZ 0$�
do
z��0o0 Z�NNOf+f Z�OON Zi0 J
�e�f000 J���o����[!r
o►t— O O O O �� ZONA
EmE E' �E E'��o € �'E0, E'l'mE EddE
U
m
A A A ti
Z 0 0 0 0 0 2 0 0 0 0 0 Z 0 0 0 0 0 Z 0 0 0 0 0
� O O O O
0
O
VA w w A
0O Z�A000 Z 200000 Zo0000
�d O O O O
W
= 0 m �o
Kr
0 000 zRo o00 0�°',,0000 000000
�0
p p
0 T
to J0 ANO,- MNMf�� Jt�O J
N O C O O N O Q T 0 0 0 0
i
oEEE EE
o0=
msUc`°e=o
m`m °o
=O
U. so
Tse?o+ �o
co
ti c11
Ta 0
'LLE60
��iaE
Lo
��� y
C Z
C
N
N G02
z
ti w ti �
1 ^ Z 0 0 0 0 0 Z 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0
N O O O O
iLl
O
W ti A A
QZN�000o 2'00000 200000 200000
'AJ.
O O O O
=W
Li m m 400
4f Z N 0 0 0 Z M 0 0 0 0 0 0 0 0 2 0 0 0 0 0
Ch qrdW O O O O
� C
ab O ZO
Z m
acn 00 z0aN�o J? -,*000 -j 00000
N� O� ON Zo 10 C
�' E
t 0x 0 w w w= o W w w=3 � M �= o
LL U. LL0 oV o
U.
�O '��O
coco TM ca co
2 z Z N� Z
�l
p
N
aA
cc
in
C4
0o0
rn
N
`+
q
N
0
0
c
n
oo
r=`n
o
y
y
y
.r
C
�
�•
i
i
C
i—
�
}9i}�
� .
: Alf
�.•p
' .•i Yl
��%
5�ON, SiW
------------
aj
C 00
-----------------
15
Zv
CL
LW
��1dW•AVM��':
I ' r• a C .m ♦ r i t �'�
1 '� •� 1 ♦ V
� N
o°
r
i 1 `%_ /
M
/ r r r i ♦ ny—_—.---------
r
i
wC ��
r / _
•p � i w I I ! \ � � r \� A
C_
I
CID
1 b
��� •� -------i------- ------•—t
c:
--------------- ------------ .—.—.—.—.—.--- I z
EAGAN CITY COUNCIL MEETING
May 20, 1997
CONSENT AGENDA
P. ACKNOWLEDGE, g[ant funding from MRPA for Youth Development Pr am
FOR COUNCIL ACTION:
To accept Minnesota Recreation and Parks Association Lawful Gaming Grant In
the amount of $2,600.00
FACTS:
• The Department of Parks and Recreation submitted a grant proposal to
MRPA Lawful Gaming in September of 1996.
• A Youth Development program "It's a Small World" to be conducted in the
Wescott neighborhood was the program identified.
• Notification of funding for the project was received in December 1996.
• The activity, involving games, stories, native foods and other cultural events
of the various ethnic groups at Wescott, has been conducted monthly since
January of this year.
• Youth Development Coordinator Rlvamonte will present a session at the
1997 MRPA conference on the planning, organization and content of the
"It's a Small World" program.
• A check in the amount of $2,600 has been received from MRPA Lawful
Gaming.
CONCERNS:
None
EAGAN CITY COUNCIL
May 20, 1997
CONSENT AGENDA
Q. NATURAL & SCENIC Grant Application
FOR COUNCIL APPROVAL:
To accept the recommendation of the Advisory Parks Commission to advise the
Department of Natural Resources that the City is unable to accept the 1997 Natural
and Scenic Grant.
FACTS:
• The grant award Is $26,900. Three date extensions were given to the City by the
DNR. May 31, 1997 Is the last.
• The grant application Identified 7.5 acres of the Anderson parcel for purchase.
Funding requested was $92,000.
• The City's appraisal valued the 7.5 acre parcel property at $25,000 per acre.
• Negotiations with the Andersons have revealed a potential development proposal,
which has yet to go forward.
• in the event of development, 1.86 acres are available for purchase at an asking
price of $63,000.
• That acreage, identified on the attached rough draft sketch, was viewed by the
Advisory Parks Commission to have negligible value to Patrick Eagan Park.
• To preserve the city's reputation with the Department of Natural Resources
Planning Division for any future grant applications, it is necessary to reject the grant
at this time.
CONCERNS:
On the City Council tour of May 15 this area was identified as part of a potential
amphitheater site because of Its orientation and proximity to the park entrance.
ATTACHMENT:
Drawing showing proposed acquisition site.
09�
S(
Agenda Information Memo
May 19,1997 - Eagan City Council Meeting
A. VARIANCE — JOSEPH AND DEBORAH WALZ
ACTION TO BE CONSIDERED:
➢ Approve/deny a 6.5 foot variance to the required 30 foot building setback along a public
right-of-way for Lot 16, Block 3, Wedgwood First Addition, located at 1002 Wedgwood
Lane South.
FACTS:
);11 The applicant's lot survey from 1982 shows the proposed home to be setback 10 feet from
the common side yard property line. However, a recent survey shows the home was
actually built 25 feet from the west property line. City Code allows the garage side of the
home to be setback 5 feet from the side property line.
> The proposed variance would allow approximately 40 square feet of a proposed 912 square
foot building addition to encroach less than 7 feet into the required 30' building setback
from a public right-of-way.
BACKGROUND/ ATTACHMENTS: (1)
_/
ough".
53
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 14, 1997
APPLICANT: Joseph and Deborah Walz
PROPERTY OWNER: Joseph and Deborah Walz
REQUEST: Variance
LOCATION: 1002 Wedgwood Lane South
CASE #: 26-V-5-5-97
HEARING DATE: May 19, 1997
PREPARED BY: Steve Dorgan
COMPREHENSIVE PLAN: D -I (Single Family Residential)
ZONING: PD (Planned Development)
SUMMARY OF REQUEST
The applicant is requesting a 6.5 foot Variance to the required 30 foot building setback for a
dwelling unit along a public road right-of-way in a single-family residential district for Lot 16,
Block 3, Wedgwood First Addition (PID# 10-83550-160-03) located in the SW 1/4 of Section 26.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subd. 3, C., states:
If the Council shall determine that the special conditions applying to the structures or land
in question are peculiar to such property or immediately adjoining property and do not
apply generally to other land or structures in the district in which said land is located, and
that the granting of the application is necessary for the applicant.
2. That the granting of the proposed variance will not be contrary to the intent of this Chapter
and the Comprehensive Guide Plan.
3. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
CODE REQUIREMENTS
City Code Section 11.20, Subd. 6, requires a thirty (30) foot setback along a public right-of-way for
a building in a single family residential district.
City Code Section 11.10, Subd. 3, states that no nonconforming structure shall be erected,
s�
City Council Report - Walz Variance
May 19, 1997
Page 2
converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity
with this Chapter without a variance.
EXISTING CONDITIONS
Wedgwood First Addition received Final Subdivision on June 16, 1981. Although the subject lot is
16,230 SF in area, approximately 6,000 SF is located within the buildable area due to topography
and setbacks. The lot is located on the corner of Wedgwood Drive and Wedgwood Lane South.
Wedgwood Drive is considered the side lot line. Lots 19-26 of Wedgwood First Addition, located
along the east side of Wedgwood Drive opposite from the subject property, received a 10 foot
variance to the required 30 foot front yard setback along a public street at the time of preliminary
plat. The variance for these lots were granted due to the steep grades at the rear of the lots.
EVALUATION OF REQUEST
The subject lot is located on the corner of two public streets. City Code requires a 30 foot building
setback along a public street in residential zoned districts. The applicant's lot survey from 1982
shows the proposed home to be setback 10 feet from the common side yard property line.
However, a recent survey shows the home was actually built 25 feet from the west property line.
City Code allows the garage side of the home to be setback 5 feet from the side property line.
The applicant claims the setback was an error by the builder at the time the home was built. Due to
the location that the home was built, the applicant is unable to build their proposed addition along
the east side of the home. Because of this error, they claim 20 feet of buildable area has been lost
along the side lot area located along Wedgwood Drive. In addition, the buildable area in the rear
yard is hindered due to a steep grade at the rear of the house. Due to the grade, they are unable to
locate their addition in the rear of the lot. The proposed variance would allow approximately 40
square feet of a proposed 912 square foot building addition to encroach in the required 30' building
setback from a public right-of-way.
HARDSHIP
According to the applicant, the hardship for the variance is based on the location in which the house
was originally built in 1982. Specifically, they claim that if the builder had positioned the garage
and home at the required 5 foot side yard setback instead of the actual 25 feet from the side
property line, a variance would not be required for the proposed addition. In addition, there is a
substantial drop in grade behind the home in the rear yard. The applicant claims that the rear lot
does not provide an adequate area for the proposed addition to be built.
SUMMARY/CONCLUSION
The applicant is requesting a 6.5 foot variance to the 30 foot building setback to a public right-of-
way along Wedgwood Drive. The variance would allow approximately 40 square feet of a
City Council Report - Walz Variance
May 19, 1997
Page 3
proposed 912 square foot building addition to encroach in the required 30 foot building setback
from the public right-of-way.
ACTION TO BE CONSIDERED
Approve/deny a 6.5 foot variance to 30' building setback along public right-of-way for Lot 16,
Block 3, Wedgwood First Addition.
JL
Cky of Eagan
City of Eagan Community Development Depar nIent - May 2, 1997
Location Map
I �a�r�ess
RUn Oa
c/
Variance
Joseph and Deborah Walz
Case No. 26-W-050597
200 0 200
400 Fed
N
tYOR'S: CERTIFICATE SIENNA CORPORATION
MARCH 29, 1982
G DOD N
WED W
�19• ■ 1
2S.f p�
LANE SOUTH 40, v
o �
M �;GFTC'� +P �X
—S 89'055'07"W 85.16 p
,le Ax p
10 I4:e.�
SN 4-4
X921111�/
-
-I1, -. �--" p(_wKhi �AI1II�. Xr.a..- •x� a• /�bn//z.o/o/_ J
..4a2a-
/s
b GARAGE Ip(X9126
1.00 (926.51
I.00 X9260 x926.0
15.00
PROPOSED/ 'n -' 9ZZ\• -�\' Ii1111
/
�
OHOUSE
O� X629:
L01_ - -.- - -- X919.96
3 '
aQ••'
,^
0 I T 16
I
cn ` .p
DRAINAGE AND UTILITY EASEMENT ' 0 I
I
PER PLAT O
51
'v 10
30
X _ - X
S 89055'07"W 142.55 — 1
WIRE FENCE ON LINE
REV. 12-30-82 FOR SUNSHINE CONSTRUCTION CO. TO SHOW
PROPOSED HOUSE, AS STAKED, AND EXISTING ELEVATIONS.
Q DENOTES IRON MONUMENT SET SCALE: 1 INCH = 30 FEET
• DENOTES IRON MONUMENT FOUND PROPOSED GARAGE FLOOR = FEET
❑ DENOTES WOOD STAKE PROPOSED LOWEST FLOOR = 923.6 FEET
X000.0 DENOTES EXISTING ELEVATION PROPOSED TOP OF FOUNDATION = 926.8 FEET
(000.0)DENOTES PROPOSED ELEVATION
DENOTES DIRECTION OF SURFACE DRAINAGE
I hereby certify that this is a true and correct representation of a survey of the
boundaries of:
Lot 16, Block 3, ' WEDGWOOD FIRST ADDITION, according to the recorded
plat thereof, Dakota County,'Minnesota.
And of the location of all buildings, if an they �?,,r,
d all visible encroachments,
if any, from or on said land. As surveyed b e this day of MA -e A 198?
c'pri.1ficate of Survey bbrs
Hogan !C Sulldws -ua AL
As
Addreso: 1002 V&SVomd Lie ftuth DELMAR H.
SCHWANZ
LAW kWavom a&
11fumomwa cil1T01Q, "
M
O
�i
• 30 FOOT
SETBACK LINE
' DAAINASE S UTILITY EASEMENTS
w
S89 IRS 10•l `W 1412.55
APRIL 24, 1997
119.138
./
"t jlt F: 1 1 W:H
y 160 FCE:T
%• - TPON PIPE
�\ MJNiJMCMT
s
\ 9 1 30
1 c
l !f+
PECP" Deewpttiens
Lot 16. block 3.NM=Cm Timr ACDITICN, so rdinq !a tjw
�c X R rcbd Plat thenal, nmkcta ckpx ty, mirmumocobe.
�+ hoodM the ]ccation of ars r=gUng I and a prqxvcd
wfebo rn+tah rr oft VAMV. MIK K ttpt
�*+ti�+�r�r+Mr�rtlrMt�r�rrMM�rM+a�1 ;`'*� 0171IWA11 M.
M on of we soft N &N wr&. �
09
ell,�drdliN
D@Mwr K Mlwwum
homwu ftomwwm He. an
April 29, 1997
Council Members
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Attn: Council Members
For the past 1 %2 years we've been working with various builders on plans for an addition for our
home. Although we've grown out of our home, we love it, due to the woods, wild life and privacy
we have. Because of this we decided to add more living space and a master bedroom to our home.
We also looked at new construction in Eagan and found we couldn't afford a $300,000 homes in
Eagan.
We've been working with Hogan Homes the past 5 months on these plans, along with Anderson
Windows and Firstar Mortgage. Our loan was approved and we we're ready to roll on May 1'.
After living in this home for 14 years and spending the last 1 '/2 years on plans, we find out we
can't go ahead with our dreams because our house isn't sitting on our lot according to the 1982
survey that was done! What a shock it was to learn this. Someone wasn't doing their job back in
82'. The survey done on April 15, 1997 shows a different story from the 82' survey. What a
mess!
Everything is now at a stand still, and we're spending more money on Zoning & Variance cost
totaling $318.00 out of our own pockets (like we have money to waste!) just to present it to the
city council. While we wait we have to wonder what interest rates will do. We can't lock into a
rate until this mess is taken care of. If this is even approved.
We thought of moving the addition back about 4ft. but then we wouldn't have a backyard. We
have a walkout with a 15 foot drop off.
This is what were asking the city for...
Give us a variance to allow the addition to go 6 %2 ft. into the easement. We just recently learned
that back in 1982/83 the land across the street (to the east) from us, which is now Wedgwood
Drive has a l Oft variance on that block. Lot 19-26. We are asking the city to grant us a variance
of 6 %2 ft. to build our addition. We wouldn't have had to go through all this trouble, if our home
would have been built on the correct plot in 1982. The new survey shows that we are off by I Oft.
more then the 1982 survey.
Thank you for your time,
ceDeb Walz
2 Wedgwood Lane S.
s
J
G t
IL
Y
I�-06f ZE–.':-.Z - m
c
2=
co
i SIMYMO !q LrDCjS`
N
UpinowW aq aq Ilem slip
'o
g ,nh
a' j/
• N S � � R `` '1r r1 N_
1 N N R d U It l A�� ' U •
Bupslxo tMew aq m° m
a sassrul PWheA --
CL
F N
Q O �-
�i
mn r
sIL
Fi 4— bZJ
'�9A1 9m
i
s.E L.ZZ
9.0 t 9.SZ
QC
N
U
0
CO
N
c
`m J
N -00m�000
3�
E 5=
oo-=.5
Cc ? C
m Q N m
=n—Lu
1004 Wedqwod Gane S.
Eagan, MN 55123
May 10, 1997
Fagan Community DE-veiopement Liepartment
3830 Pilot Knob Rd.
Eagan, MM 5512
To Whonr It Mav Concern:
In the matter of the issue of Deb and Joe Waiz,s requeet zor a 6, 5
��aot varience to accomodate an addition to Theis- home Tease *
26-V-05-05-97, Wedgwood Fzr:at Additlon) we want to state that we
are in favor of them being granted the varience.
Best regards,
_f
i
uli and Gar•, Kannenberg
6121 45.:-3479
RECEIVED MAY 1 n 1997
4 -0- L-
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
B. PUBLIC HEARING PROFESSIONAL PLASTICS INC.
MINNESOTA INVESTMENT FUND APPLICATION
ACTION TO BE CONSIDERED:
To close the public hearing and 1) to approve or deny a resolution to submit an application to the
Minnesota Department of Trade and Economic Development for a low interest business loan up
to $100,000 for Professional Plastics Incorporated to assist with its expansion and relocation
within the City of Eagan and 2) to approve or deny a loan of $25,000 from the City's revolving
loan fund as the local match for this funding..
FACTS:
• The City of Eagan and its economic development commission have worked with officials of
Professional Plastics Incorporated, Signal Bank and the Minnesota Department of Trade and
Economic Development in the preparation of an application for a low interest loan of up to
$100,000 to assist in the creation of new yobs associated with the expansion of Professional
Plastics Incorporated's facilities at Yankee Doodle Road an Mike Collins Drive. The City
Council has previously approved the development application for the site.
• At the present time, PPI is completing it financing package for construction to commence this
summer, including bank financing, small business administration financing and the state and
local loan applications.
• Due to the timing necessary for submission of the application, the economic development
chair suggested that this item go directly to the City Council for public hearing.
• The City previously participated in the program and administered a loan for the revitalization
of the Lull Corporation which assisted in its recovery from bankruptcy. Proceeds from that
loan capitalized the City's revolving loan fund. In such circumstances, the state requires that
the City use a portion of its revolving loan fund as a local match for any additional
applications for state funds.
• PPI is requesting $100,000 from the Minnesota Investment Fund in the form of a seven year,
5-1/2% loan which will be secured by a first lien position on specific new industrial
equipment. In exchange, the company will create at least 40 new living wage jobs in addition
to increasing the City's tax base at the Mike Collins location. In addition, as noted above, the
company is also asking for a five year 3-1/2% business loan from the City's revolving loan
fund which will likewise be secured by a first lien position on a specific piece of new
industrial equipment being purchased as part of the expansion.
• The company is viewed by Signal Bank as being a favorable loan risk due to its extremely
low level of current debt. Gap financing is being requested from the state and the City
because of bank and SBA lending ratios and the maximization of owner equity being
contributed to the project.
M,
• Proceeds from the repayment of the loan up to $100.000 plus interest income can be retained
by the Citv's revolving loan fund for future business loans.
• If the application is approved by the Department of Trade and Economic Development.
appropriate loan agreements and guarantees «will be prepared by the City Attorney's office.
ATTACHMENTS:
• Resolution on page 4r
• Compliance form of state and federal regulation to hich the City adheres which are
conditions of the application on pages " through
• Excerpts from the loan analysis business plan on pages through-7�
(,4
LOCAL GOVERNMENT RESOLUTION (FP -23)
ECONOMIC DEVELOPMENT PROGRAM
CITY OF EAGAN
RESOLUTION OF APPLICANT.
BE IT RESOLVED that the City of Eagan act as the legal sponsor for the project contained
in the Business and Community Development Application to be submitted ons 19/97and that the City
Clerk is hereby authorized to apply to the Department of Trade and Economic Development for funding of
this project on behalf of the City of Eagan.
BE IT FURTHER RESOLVED that the City of Eagan has the legal authority to apply for
financial assistance, and the institutional, managerial and financial capability to ensure adequate
construction, operation, maintenance and replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Eagan has not incurred any costs and has
not entered into any written agreements to purchase property.
BE IT FURTHER RESOLVED that the City of Eagan has not violated any federal, state
or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful
or corrupt practice.
BE IT FURTHER RESOLVED the upon approval of its application by the state, the City
of Eagan may enter into an agreement with the State of Minnesota for the above -referenced project and that
the City of Eagan certifies that it will comply with all applicable laws and regulations as stated in all contract
agreements and described on the Compliances Section (FP -20) of the Business and Community Development
Application.
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan has obtained
credit reports and credit information from Professional Plastics Inc. and Bounhome Thammavongsa, its
owner. Upon review by the City of Eagan and the City's legal counsel, no adverse findings or concerns
regarding, but not limited to, tax liens, judgements, court actions and filings with state, federal and other
regulatory agencies were identified. Failure to disclose any such adverse information could result in
revocation or other legal action.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby
authorized to execute such agreements as are necessary to implement the project on behalf of the applicant.
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 I9thday of May '1997
E. J. VanOverbeke, City Clerk
Forms Package
Compliances (FP -20) (page 1)
.applicant Name: City of Eagan _
O 1. OMB Circular A-128 — Issued pursuant to the Single Audit Act of 1984 (P.L. 98-502), which establishes audit
requirements for state and local governments receiving federal funds.
O 2. OMB Circular A-87 — Establishes "Principles for Determining Costs Applicable to Grants and Contracts with State.
Local and Federally Recognized Indian Tribal Governments.-
IN
overnments"® 3. Section 504 of the Federal Rehabilitation Act of 1973 the Americans with Disabilities Act (ADA), MN Statutes 1990.
Chapter 363 Minnesota Human Rights Act — Require that all public facilities and programs be designed and
constructed to be accessible to the physically handicapped.
�O 4. The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments
(Federal Register March 11. 1988. Volume 53, Number 48) — Establishes requirements for procurement and
financial management
S. Title VI of the Civil Rights Act of 1964 (PJ_. 88-352) and subsequent regulations — Ensures access to facilities of
programs regardless of race, color, national origin or sex.
6. Executive Order 11246, as amended by Executive Orden 11375 and 12086 and subsequent regulations — Prohibits
employment discrimination on the basis of race, color, religion, sex or national origin.
O 7. Title 11 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and
subsequent regulations — Identifies procedures for the acquisition of property and the relocation of persons and
businesses.
O 8. Section 104(d) of the Housing and Community Development Act — Requires recipients to adopt, make public, and
certify a residential antidisplacement and relocation plan
it 9. Executive Orders 11988 and 12148, Floodplain Management — Requires action to minimize the impact of floods on
assisted projects.
O 10. Executive Orders 11625 and 12138 — Encourage recipients to award construction, supply and professional service
contracts to minanty and women's business enterprises.
O 11. The Flood lu cre Purchase Requirements of Section 102& of the Flood Disaster Protnction Act of 1973. (P1..
93.234) — Requrm the purchax of flood insurance in communities where such insurance is avail. able for
construction or acquisition projects is any arca baving special nood hazards.
O 12. The National Environmental Policy Act of 1969 (42 USC, Section 4321 et. seq.) and other related rets relating to the
environment — Requires an analysis of a project's environmental impact and a description of efforns to rmttigatc the
impact. Other related acts refer to environmerual quality.
O 13. Section 401 f of the Ind -Based Poisoning Prevention Act, as amended (42 USC. Section 4831b) — Requires the
removal and prohibits the use of lead-based paint for housing rehabilitation projects.
Forms Package
Compliances (FP -20) (page 2)
Applicant Name: City of Eagan
14. Federal Fair Labor Standards Act (29 USC, Section 201 et. seq.) — Requires that employees be paid at least minimum
wage and that they be paid one and one-half times their basic wage for all hours worked in excess of the prescribed
work week.
tg1 15. State Laws, the Davis Bacon Act (40 USC, Section 276x -276a5), Copeland Act (Anti -kickback Act. 40usc 276c) and
the Contract Work Hours and Safety Standards Act of 1%2 (40 USC. Section 327-333) — Requires the payment of
wages, at hourly rates, as established by the Department of L•mbor.
16. Section 3 of the Housing and Urban Development Act of 1968, as amended — Encourages the employment and training
of lower-income people and awarding of contracts to businev;es located within the community receiving assistance.
17. Title VIII of the Civil Rights Act of 1968. as amended. and Executive Order 12259 — Require equal opportunity in
housing and non-discrimination in the sale or rental of housing, and actions to affirmatively farther fair housing.
❑ 18. Requirements specified in the Housing and Community Development Act of 1974, as amended — Establishes the
Small Cities Development Grant Program.
19. Age Discrimination Act of 1975 — Prohibits discrimination on the basis of age.
❑ 20. Minnesota statutes section 176.181-176.182 — Requires recipients and subcontractors to have workers' compensation
insurance coverage.
❑ 21. Requirements Specified in the Water Quality Act of 1987 — Authorizes funding for the State's Water Pollution Control
Revolving Loan Fund Program.
❑ 22. Clean Water Act and Executive Order 11288 — Requites protection of surface and ground wata resources.
19 23. Minnesota S tatutes. Section 471.87 and 471.88 — Forbids public officials from engaging in ac ti vides which are, or have
the appearance of being, in conflict of interest.
❑ 24. The Minnesota Government Prac icy Act — Protects the privacy of individuals who participate in Community
Development -misted ;warns by prohibiting the public disclosure of participant's income and other personal
informati rL
12 25. Antitrust or unfair tirade practices laws — Regulates and controls sale of goods and services and prohibits deceptive and
unfair competition between businesses.
O 26. The prevailing wage rate law (MN Laws 1990. Chapta 604. Article 10. Section 7) — Requires that businesses certify to
the Department of Labor and Industry that laborers and mechanics will be paid prevailing wage ratty established by
Um Department of Labor and Industry.
O 27. 43 USC, Secdon 18.100, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and
financial transactions" — Requires a certification that no Federal funds have be utilized to lobby or gain undue
influence in connection with Federal grant or loan funds.
ca
�
Forms Package
Compliances (FP.20) (page 3)
Apphcant Name: City of Eagan
$ 28. Executive Order 12549. Debarment and Suspension (43 CFR. Part 12.
Section 12.510) — Requires a certification regarding Federal debarment, suspension and other responsibility matters.
59 29. Executive Order 91-3. Wetlands — Requires grant and loan recipients to apply the principles of no -net -loss of wetlands
during the conduct of their project.
❑ 30. The Drug Free Workplace Act (P.L. 100.690. Tide V. Subtitle D). - Requires that granted certify that they will pmvrae
a drug free workplace.
3 1. Section 519 of Public Law 101-144 (1990 HUD Appropriations Act) and Section 104(1) of HCD Act - Requires that
each local unit of government adopt, enforce a policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations.
❑ 32. Section 1352. Title 31. U.S. Code - Requires that language of certification regarding lobbying for contracts, loans and
agreements be included in award documents for all subawards at all tiers. Section 319 of Department of interior and
Related Agencies Appropriations Act, also known as the "Byrd Amendment", prohibits the use of federally
appropriated funds for influencing any Executive or Legislative Branch personnel in the awarding of Federal
contracts, grants, or loans. It also requires, where appropriate, the completion of Disclosure form SF -LLL.
❑ 33. Subpart C of 24 CFR Part 12 - Provides for Disclosure/Update from applicantsitecipients of HUD assistance relating to
amount of assistance received, sources and uses of funds, and interested patties, and requires the completion of HUD
Form 2880.
❑ 34. M.S. 290.9705 - Requires that 8 percent of each payment paid to out-of-state contractors for work done in Minneso,
must be withheld on any contract that exceeds or could reasonably be expected to exceed $100,000. unless the
requirement is waived.
❑ 35. Section 129 of Public Law 1Q0-590 Small Business Administration Reauthorization and Amendment Act of 19gg
The City of Eagan certifies compliance with the compliance area indicated as
,,,�,n„ �; applicable
by checkmark. and as so raised in the accompanying "Local Government Resolution.,*
Forms Package
Company Information (FP -6) (page t)
.applicant Name: -City of Eagan/Professional Plastics Inc.
I. Company Name: Professional Plastics Inc. Phone: 612) 452-1318
Company Address: 2020 Silver Bell Rd. #34 Fax: (612� 452-1421
City/State/Zip: Eagan, MN 55122
'_. Contact Person at Company: Art Molina
Title: Vice President of operations
3. List the company's
Primary bank of account.
Name: Firstar Bank
Address: 1950 Cliff Lake Road
City/State/Zip: Ea an , MN 55122
Contact Person: Sandy Bleske
Attorney:
Name: Thomas Harriqan
Adder; 3300 Edinborou h
420 Edinborou h CorpCent East
Ciry/State/Zip: Edina, MN 55435
Accountant
Name: Darrel L. Kloeckner
Amoss: 250 Prairie Center Drive
Suite 200
Ciry/Statr,Mp: Eden Prairie, MN 55344
Contact person: Darrel Kloeckner
phone; &12j 452-1318
phone: 612) 636-0487
Fax: Ltl� 686-0788
Working Line of Credit
phone;6( 12) 831-2323
Fax: (
Phone: 6(_12, 433-4527
Fax: (_j
4. Standard Industrial Code Number(s): 2821 - Plastic Manufacturing
Employer's Identification Numbers: Stato: 2082758-000 FederaL. 41-1587815
5. How is the company organized? _Sole Proprietorship Partnership X Corporation
�y
Forms Package
Company Information (FP -6) (page 2)
Applicant Name: City of Eagan/Professional Plastics Inc.
7
8.
Does the company's proposal involve:
a. _a stats -up
b. _an expansion
c. _a relocation: from to
d..Z an expansion and relocation: from Eagan
to Eaq an
How many permanent, full-time equivalent employees does the company currently employ? 17
How many permanent, full-time equivalent positions will be created? 4 2
9. Identify the benefits (i.e. health, dental. life insurance and retirement) available for the new positions.
Medica Health Plan & Dental Plan
401K
10. Describe the company's domestic, as well as international market and competition.
See Business Plan Attached.
11. Is the company proposing to change its products, market and ability to compete as a result of this project?
Yes _ No Y If yes, describe:
12. How long has the company been in operation? 9 years
13
14.
A. Major Suppliers
of Raw Materials:
Hallock Electrical
Industrial Plastics
McMas er
Seelve Plastics Incor>,orated
Warner Industrial
A. Listing of Major Customers:
Seagate
Honeywell
Hutchinson Technology
SCI Med Systems
Universal Circuits
10
B. Annual Percentage
Cost of Goods:
38%
38%
38%
38%
38%
B. Percentage of Sales
20%
20%
20%
20%
20%
Forms Package
Company Information (FP -6) (page 3)
Applicant Name: City of Eagan/Projessional Plastics Inc.
15. What form of transportation is used to ship materials to the company for production purposes?
UPS or truck
16. What is the method of transportation for distribution of finished products?
UPS, trucks or by air
17 Describe the sales method for the products that are or will be produced.
See Attached Business Plan
18. Describe any production or marketing problems inherent to the company's existing or proposed operations.
See Attached Business Plan
19. Have there ever been judgments or injunctions against the company or owners? Yes_, No_IL if yes, describe:
20. Is there pending litigation involving the company or owners? Yes_ Nom If yes, describe:
21. Has the company or the owners of- the company ever filed bankruptcies? Yes_ Nom, If yes. describe:
22. Within the past five years, has there been any violation(s), citation(s). charge(s) or complaints) of discrimination filed
against the company in a state or federal court or before any state, federal or local government agency? Yes_ No&_
If yes. describe: Also attach a copy of the violation(s), citation(s), charge(s) or complaint(s) and the disposition of each.
Note: If necessary. attach additional sheets to provide all pertinent information. Complete the Data Practices Consent form TP -24).
Executive Summary
TO BE COMPLETED AFTER FINANCIALS
History
To understand PPI, it is important to understand the origins of the rnmpary.
Boon Tharninavun!jud founded PPI in 1903 to manufacture plating and cleaning
systems as well as provide tool design and other services to tete Semi -conductor and
medical industries. The company originally started with 6 people and approximately
4000 sq. ft. In 1987 the company was incorporated and began showing consistent
growth. PPI was founded on a shoe string budget in rented space because Rcon
believed that he could respond to the challenges presented by the current market plata
better as part of a small company that he ran hittrbrlr.
Over the years, in response to the challenge of existirg customers, PPI
hranr..hPri nrrt intn rustom designed plating tanks up to 119 feet long and made use of
both Zinc and Chrome lines. In a succession of moves, PPI incress0-d ite ware
footacue from the modest beginnings to the current projected facility with 31,000 cq. feet
located in Eagan. The evolvement to the wrrent product line started in 1991 with foil
line of clean room equipment and design capabilities. These skills eventually led to Vie
building of custom wet processing stations, megasonic and ultrasonic cleaning systems.
Along with the rairrpnt prnduc:t lines, PPI also became a distributor for several
product lines, such as Branson Ultrasonics, answering additional customer demands as
well as increasing the revenue strum.
Approaching the middle 1990s, PPI made the strategic decision to enter t. �e
medical industry. The goal of PPI Medical is to provide proprietary and contract
manufacturing as well as consukinQ and R&D services. PPI is currently finalizing plans
to build a new facility that is scheduled for completion in Septembpr 1997. The rew
facility will ircorporate the manufacture of cleaning systems and will register with the
FDA upon cumpietiun in caller ,u br in compliance with GMF guidelines.
Core Comp-atency
The core competency of the PPI operation has never changed. In 1983, PPI
was built around leading edge plating and cleaning equipment technology and that is
stili our core competency in 1996. PPI is organized around three departments that
support the areas of core competence listed above. Our plastic fabrication department
support the polypropylene spray and rinse tanks, c;abirietry, and vaduus cleaning
systems. l he Metal Fabrication department supports any metal fabrication of tarks
necessary in the plating or cleaning systems environments. Our CNC Machine shop
supports all of our manufacturing departments thmtigh the manufacture of complex
both plastic and metal precision parts. The way in which this core competency is
manifested has changed over the years, but is still reflected in the different product
areas that PPI serves.
e Pfastic Fabrication. PPI provides custom plastic fabrication for Semi conductor
handling and cleaning systems as well as processing stations and rinse tanks.
PolyrrnpylPnP rincp tanks rice rlactir. walls, pedal valves, and piping. PPI possesses
expertise in the design and use of dirrerent plastics in connection with differant
materials and acidic solutions.
Metal Fabrication. PPI has complete welding capabilities for use in developing
stainless steel tanks for alkaline cleaning plating, rinsing and special applications. We
also design var ious steel parts for cleaning systems that demand metal for resistance to
corrosive solutions, such as nitric acid.
CNC Machining. PPI machining has one —router and fire --- production systems
to support not only the internal requirements for plastic and other material piece parts
but also 3ervc3 as a job shop for machining reglrirpments that are sold to other
manufactwers.
o . Custom Design Engineering and Consulting. Since the inception of PPI, custom
engineering has been standard procedure to meet customer demands. In addition to
customized systems, such as a wet processing station. PPI has helped several large
companies like Seagate Technology design cleaning room environments to meet their
changing dernarrds. We are constantly looking for ways in which we can extend our
ability in cleaning and plating technology to rriral our customers needs as we continue
to accept the challenge.
Product Lines
Professional Plastics Inc. is a plastic specialists, fabricators and distributors of
the following products: heating and cooling systems, tanks, containers and flexible
liriers, semi aqueous and ultrasonic cleaning systems, blowers, fume scrubber: and
reclaimers, pumps and filtration systems, and enviionmental systems. Our custom
fabrication shop also offers tanks, sinks, tables, cabinets and displays built to customer
sppcifications. In order to be a full service provider. PPI also is a selling agent for
various other Manufacturers.
1996 NET SALES BY PRODUCT
GROUP
Qlattib l !
w
cleaning
Placing
o Soo 1000 1500 2000
• Plating Equipment. PPI routinely builds automatic process lines, scrubbers, and
tanks, both steel and plastic. These tanks are used in a variety of cleaning systems
and include both cascade rinse and spray rinse tanks. Plating systems include heaters,
tank liners, and automated process lines
and environmental equipment which include fume scrubbom, duct hoods, piping,
and plumbing.
• Cleaning Systems. These systems include aqueous & semi aqueous, megasonic
and ultrasonic technologies. The systems are used to clean plastic, electronic, PC
boards, medical and aerospace parts. Clean room equipmPnt inrJudes desiccate
13
cabinets and storage systems and wet processing systcmc, exhaust hoods, hapa
filtRrs, laminar flow workstations, portable cleanrooms, and plasma cleaning.
Distribution, Custom Engineering and Consulting. Since the Inception of PPI,
custom enginecring has been standard procedure to meet customer demands. In
addition to customized systems, such as a wet processing station, PPI has helped
several large companies like Seagate Technology design cleaning room environments
to meet their changing demands. We are constantly looking for ways in which we can
extend our ability in cleaning and plating technology to meet our customers needs as
we continue to accept the challenge.
The fastest growitiy ur our product areas in 1006 were the Cleaning
systems, up 16% over 1995, and the Metal Fabrication, which
increased 12.5% over the previous year.
PRODUCT BROCHURES HERE
Competitor Analysis
Financial Performance
The history of PPI has resulted in conservative, but consistent financial growth.
The attached statements cover the last 3 years of actual performance ,and our
projections for 1997 and 1998. The 1996 statements have not been audited as of the
writing of this plan. Table I shows the income statement and balance sheets for the last
3 years and the next two years projections. Table II shows much of the same
information in a common sized statement. Table III and IV illustrate the proformas for
1307 and 1008.
The most significant period of time in PPI's financial history is the last three
years. In 1996, the operating losses were due to lnetticienmes In manufacturing and
costing of protects. With the help of a substantial reinvestment from Boon, voluntary
salary cuts and restructuring of the existing debt, the company was able to make a
small profit in 1996.
Strategically, PPI refocused all of it's business to leverage core competence of
se'lliuureductur meaning technology.
In 1997, PPI will see the benefits of the investment in people and systems that
were made in 1996. Through a more aggressive marketing campaign and the
development of major ciistnmPr pmjerts, we will sPP a 19°% increase in revenues and a
10% increase in net income.
Early results are very promising as January revenues were up more than 10%
over 1996 levels. Further, the management team has made a commitment to
productivity and on-time delivery that has had a significant impact on the way the plant
operates. A new sense of urgency permeates a culture always Wiling to accept a
challenge. The new challenge presented by management is to meet 100% of our
delivery commitments in 1997 and to increase our productivity by 20%. Doth are
stretch goals, achievable only through the commitment of all of PPI's talented staff,
Agenda Information Memo
May 19, 1997
OLD BUSINESS
A. CONSIDERATION OF REQUEST FOR CITY CODE CHANGE
REGARDING LIMITATION ON OWNERSHIP FOR
ON -SALE LIQUOR LICENSES
ACTION TO BE CONSIDERED:
To approve/deny a request to amend the City Code to change the limitation on ownership of on -
sale liquor licenses and, if approved, to direct the City Attorney to prepare the appropriate
ordinance amendment.
FACTS:
• At the May 6, 1997, City Council meeting, a request by Mr. Tom Torgerson, President of
Torgerson Properties, to change the limitation on ownership of on -sale liquor licenses was
considered and continued for additional review.
Mr. Torgerson is an owner of the Green Mill Restaurant and a holder of an on -sale liquor
license at that location. He has inquired about the possibility of acquiring a liquor license for
a proposed Hilton Garden Inn Hotel.
• City staff has completed the additional research requested by the City Council.
ISSUES:
• If the City Council would like to change the current limitation, direction should be provided
as to what limitations, if any, should remain. Various options include. but are not limited to,
the following:
1. No person shall be granted an on -sale or off -sale liquor or on -sale wine license at
more than location.
2. No person shall be granted both an on -sale and an off -sale liquor license.
No restrictions - Comply with state law only.
ATTACHMENTS:
• Staff memo, pages through.
• Current City Code, page .
MEMO
city of eagan
TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTORICITY CLERK VANOVERBEKE
DATE: May 14, 1997
SUBJECT: LIMITATION OF OWNERSHIP - ON SALE LIQUOR LICENSES
At your request, I have completed some additional research following the City
Council's recent consideration of the request to amend the City Code to change
the limitation on ownership of on -sale liquor licenses. The limitation as currently
included in the City Code basically goes back to what I believe is the first liquor
ordinance adopted by the Village in December of 1972. The following small
changes have been made over the years to this particular section:
1. January 1, 1983. With the City's first ordinance codification the language
changed, however, there was no change in the effect of the limitation.
2. November 20, 1986. The phrase "living in the same household" was added
as a qualifier after immediate family. This allowed the .Applebaum family to
open a second off -sale liquor store.
3. June 23, 1988. The prohibition was removed for off -sale beer which solved
the problems that chain convenience stores such as PDQ were beginning to
encounter.
4. November 10, 1988. The prohibition was removed for beer altogether. This
addressed a problem when the second Pizza Hut Restaurant requested an
on -sale beer license.
5. July 26, 1990. The language regarding wine sales was changed to correct
an error.
I have also discussed the current limitation with Police Chief Geagan. He feels
that the limitation was put in place because of the relatively few licenses that
were available and the resulting potential that one or two individuals could
control the retail market. He does not think it would make any difference if the
limitation were removed given today's environment.
Mike Ridley in reviewing the situation from a land use planning standpoint also
feels that a change would make no difference. They are concerned about the
location of the licenses and not who holds them.
On -Sale Liquor Limitations
May 14, 1997
Page Two
In order to get a broader perspective on the issue, I also talked to the cities of
Burnsville and Bloomington. In both of those cities I spoke to the City Clerk's
office and not law enforcement, although the individuals were not aware of any
problems in their cities.
Burnsville eliminated the restriction in 1989 when General Mills wanted to open
an Olive Garden restaurant when they already held a license at the Red Lobster.
Burnsville currently has no restrictions on ownership of multiple on -sale liquor
licenses and has had no problems that City Clerk Olesen knows about.
Burnsville has 28 authorized on -sale licenses which are not all issued.
The person I talked to in Bloomington has been there for seven years and the
restriction had been removed before she started. Similar to Burnsville they have
no limitations on ownership of multiple on -sale liquor license. They currently
have six persons with two on -sale licenses. Given the size of Bloomington and
the fact they have 52 liquor licenses, they are not as comparable to Eagan but I
think their experience is of some value.
The State law specifically prohibits the issuance of more than one off -sale
intoxicating liquor license to any one person. There is no similar prohibition
related to on -sale licenses. Bloomington at this time restricts the on-sale/off-sale
combination.
Please let me know if you would like to discuss this information or if you would
like anything else.
qkr
FN44ce Director/City Clerk
EJV/jeh
BEER, WINE AND LIQUOR LICENSING AND REGULATION § 5.05
governing the manufacture, sale, distribution, or possession for sale or distribution of
alcoholic beverages; (3) a person who has had an alcoholic beverage license revoked
within five years of the license application, or to any person who at the time of the
violation owns any interest, whether as a holder of more than five percent of the
capital stock of a corporate licensee, as a partner or otherwise, in the premises or in
the business conducted thereon, or to a corporation, partnership, association, enter-
prise, business, or firm in which any such person is in any manner interested; (4) a
person under the age of 21 years; or (5) a person not of good moral character and
repute.
B. No person holding a license from the commissioner as a manufacturer, brewer or
wholesaler may have a direct or indirect interest, in whole or in part, in a business
holding an alcoholic beverage license from the city.
(Code 1983, § 5.02, eff. 1-1-83; Ord. No. 5, 2nd series, eff. 11-8-83; Ord. No. 31, 2nd series, eff.
6-6-86; Ord. No. 39, 2nd series, eff. 4-17-87; Ord. No. 58, 2nd series, eff. 6-24-88; Ord. No. 63,
2nd series, eff. 6-24-88; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 80, 2nd series, eff.
6-30-89; Ord. No. 139, 2nd series, eff. 5-15-92)
Cross reference—Administration and general government, ch. 2.
Sec. 5.03. Renewal of licenses.
Applications for renewal of all licenses under this chapter shall be made at least 60 days
prior to the date of expiration of the license and shall contain such information as is required
by the city. This time requirement may be waived by the council for good and sufficient cause.
(Code 1983, § 5.03, eff. 1-1-83; Ord. No. 31, 2nd series, eff. 6-6-86)
Sec. 5.04. Delinquent taxes and charges.
No license under this chapter shall be granted for operation on any premises upon which
taxes, assessments, or installments thereof, or other financial claims of the city, are owed by
the applicant and are delinquent and unpaid. For the purpose of this section, "applicant"
includes persons and related persons, (1) owning at least a 50 percent beneficial interest in the
proposed license or in the entity making the application, and (2) at least an undivided one-half
interest in the premises proposed to be licensed, or at least a 50 percent beneficial interest in
the entity owning such premises.
(Code 1983, § 5.04, eff. 1-1-83)
Sec. 5.05. Limitation on ownership.
No person shall be granted an on -sale or off -sale liquor or an on -sale wine license at more
than one location. For the purpose of this section, any person owning an interest of five
percent, or more, of the entity to which the license is issued, or if such ownership is by a
member of any immediate family living in the same household, as the licensee, that person
shall be deemed to be a licensee.
(Ord. No. 103, 2nd series, eff. 7-27-90)
CD5:9
Agenda Information Item
May 19,1997 Eagan City Council Meeting
NES WAINESS
A. PRELIMINARY SUBDIVISION - UPS 2ND ADDITION
ACTIONS TO BE CONSIDERED:
➢ To approve or deny the UPS 2ND Addition subdivision (replat of UPS 1 St Addition) in order to
combine Lots 1 and Outlots A & B, UPS 1 st Addition into one lot (70.1 acres), Lot 1, Block 1, UPS
2nd Addition located east of Highway 149, north of Opperman Drive and west of Inver Grove
Heights subject to the conditions listed in the April 22, 1997 Advisory Planning Commission
minutes.
FACTS:
➢ UPS, located on Lot 1 was built in 1986 and is presently 340,000 s.f. The purpose for the replat is
to combine the existing lot and outlots into one lot creating a buildable lot for the future building
expansion.
➢ The original approval included the total building size of 600,000 s.f . The EAW prepared for this
site analyzed the total development of the site.
➢ A public hearing was held by the Advisory Planning Commission at its regular meeting on April
22, 1997, where it recommended approval of the Preliminary Plat subject to the 3 conditions in the
planning report.
➢ A neighborhood meeting attended by ten people was held April 15, 1997.
ISSUES:
➢ Issues raised at the neighborhood meeting included: the frequent occurrence of noise especially at
night when hooking the trailers to the tractors, trash blowing from UPS to surrounding neighbors
property, light intrusion, after hour parties in the parking lot, a snow removal incident, and an
concern raised about the increasing number of trucks on nearby roads.
➢ An amendment was made to the motion to approve this item at the Advisory Planning Commission
meeting. The amendment stated that the landscaping along the north property line should be
installed as soon as the grading associated with the future expansion is completed. It should be
noted the second phase of the building will likely not occur for several years.
ATTACffiVIENTS: (3)
APC minutes of A;a%yo�r.,PTUPS
7 1997, pa s through
Staff Report, pagesthrow
Letter from David Regional anager page
Page 2
April 22, 1997
ADVISORY PLANNING CONMSSION
PUBLIC HEARINGS
PRELIMINARY PLAT
MINNEAGAN REAL ESTATE COMPANY
Commission Chair Heyl opened the first public hearing of the evening regarding a
Preliminary Plat (UPS 2nd Addition) to combine four parcels into one lot legally
described as Outlot A, Outlot B and Lot 1, Block 1, UPS 1st Addition located east of
Highway 149 and south of Yankee Doodle Road in the NEI/4 of Section 13.
Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in City staffs planning report dated April 16, 1997. Ms. Tyree noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Gary Gandrued, an attorney representing UPS, along with other representatives for
UPS were present. Mr. Gandrued noted that there had been a neighborhood meeting the
previous week which allowed for input on the characteristics of the present operation. He
stated that there had been some complaints and that UPS had taken immediate steps to
deal with those concerns.
Resident Chuck Thorkelson noted his concern about noise from the UPS trucks
beeping, lights shining into bedrooms, heavy flow of traffic on Highway 149 and the
surrounding area, and the use of Kutoff Drive as an access facility deterring people from
developing there.
Steve Daggert of 3306 Rolling Hills Drive restated similar concerns such as
lighting, Gopher Smelting smells, traffic and roads being heavily congested, and not
enough access.
Commission Chair Heyl closed the hearing to the public.
Commission Chair Heyl inquired as to what effects the previous Development
Contract, Preliminary Subdivision Agreement and EAW have on their proposal in front of
the APC tonight. In response to this inquiry, Attorney Mike Dougherty stated that the use
is not before the APC but rather the platting of this land. To clarify, Commission Chair
Heyl stated that the complaints brought forward cannot be addressed this evening because
they are not in front of the APC at this time. Member Miller suggested that UPS take
these concerns into mind and give the neighborhood any relief possible. Member Frank
noted that he would prefer for UPS to begin landscaping now to establish a buffer before
building expansion occurs. Member Bakken suggested mounting small deflector plates to
reduce glare from lights. He stated that this has been effective in the past.
Page 3
April 22, 1997
ADVISORY PLANNING CONMSSION
Member Miller moved to recommend approval of a Preliminary Plat. In further
discussion, Member Frank stated that he would like there to be an amendment to the
motion stating that the landscaping should begin when the grading is completed.
Member Miller, Member Frank seconded, a motion to recommend approval of a
Preliminary Plat (UPS 2nd Addition) to combine four parcels into one lot legally
described as Outlot A, Outlot B and Lot 1, Block 1, UPS 1st Addition located east of
Highway 149 and south of Yankee Doodle Road in the NE'/4 of Section 13, subject to the
following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as
adopted by Council on February 3, 1993:
Al, Bl, B2, B4, C1, C2, C4, DI, El, Fl, & HI
Storm Sewer/Water Qu .tv
2. All runoff from this development be discharged into Pond GP -5, and that no
outlet be installed so that runoff is contained entirely on-site.
Planned Development
3. Prior to any future development, the 2.3 acres of Loren Place included in this
plat shall be incorporated into the Planned Development via rezoning UPS should make an
application to rezone Lot 1, Block 1, UPS 2nd Addition.
4. Landscaping should be installed upon completion of grading.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 16, 1997
APPLICANT: Minneagan Real Estate Co.
PROPERTY OWNER Mmneagan Real Estate Co
REQUEST: Preliminary Plat - UPS 2" Addition
CASE: 13 -PP -5-3-97
BEARING DATE: April 22, 1997
PREPARED BY: Shannon Tyree
LOCATION: Lots 1 & 2, and Outlots A & B, UPS V4 Addition and Lots 1,2, 3, and 4 Loren Place.
North of Opperman Drive and east of Highway 149.
COMPREHENSIVE PLAN: I-1 - Limited Industrial
ZONING: PD - Planned Development and I-1, Limited Industrial
SUMMARY OF REQUEST
lb meagan Real Estate Company (United Parcel Service - UPS) is requesting a Preliminary Plat
(UPS 2'd Addition) in order to combine Lots 1, Outlots A & B, UPS 1` Addition and Lots 1, 2, 3, and
4, Loren Addition into one lot, Lot 1, Block 1, UPS 2°d Addition. The site is located east of
Highway 149, north of Opperman Drive in the NE '/4 of Section 13.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the
Council shall be guided by criteria, including the following, in approving, denying or establishing
conditions related thereto:"
A That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable plans of
Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and
retention are such that the site is suitable for the type of development or use contemplated.
D. That the site physically is suitable for the proposed density of the development.
E. That the design of the subdivision or the proposed improvements is not likely to cause
environmental damage.
Planning Report - UPS 2°d Addition
April 22, 1997
Pae 2
F. That the design of the subdivision or the type of improvements is not likely to cause health
problems.
G. That the design of the subdivision or the improvements will not conflict with easements of
record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a timely
manner so as not to cause an economic burden upon the City for maintenance, repayment of
bonds or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use within the
subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access).
I That the design of public improvements for the subdivision is compatible and consistent with
the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain document
entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed
Management Organization" which document is properly approved and filed with the office of
the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document
and all of the notations, references and other information contained therein shall have the same
force and effect as if fully set down herein and is hereby made a part of this Chapter by
reference and incorporated herein as fully as if set forth herein at length. It shall be the
responsibility of the City Clerk to maintain the Water Quality Management Plan and make the
same available to the public.
BACKGROUND/HISTORY
In 1976, Gopher Smelting Company established a Planned Development for the subject property,
known as "Gopher -Eagan Industrial Residential Park". In early 1985, UPS entered into an agreement
with Gopher Smelting Company to purchase approximately 84 acres. On March 19, 1985 the City
Council approved a Preliminary (and later Final) Subdivision and a Conditional Use permit allowing
Outdoor Storage. The Planned Development approved provided for a two phase development for the
UPS distribution facility.
An Environmental Assessment Worksheet (EAW) was prepared for the site prior to its development.
The EAW incorporated both Phase I (324,000 s. f. building and parking) and Phase II (260,000 s.f
building and parking) of the proposed development. Nearly a year later on March 1, 1986 UPS
opened its Parcel Distribution Center.
In 1990 UPS bought approximately 2.3. acres (Lots 1,2,3, & 4, Loren Place) of additional land along
T.H. 149 adjacent to the existing property which will be incorporated into UPS 2'4 Addition. This
property is not included in the Gopher -Eagan Planned Development. Prior to any future development,
the 2.3 acres should be incorporated into the Planned Development via rezoning or UPS should make
an application to rezone the entire lot to I-1.
Planning Report - UPS 2°d Addition
April 22, 1997
Page 3
The building was designed in order for the second phase to be complementary in fimcxion when
constructed. Outlot A, was originally platted to be held for Phase II future building development.
Oudot B was created to be the location ofthe existing stormwater pond.
EXISTING CONDITIONS
Currently Lot 1, Block 1, UPS V Addition contains the existing 324,000 s.f. UPS building and
associated parking
The UPS Parcel Distribution Center currently employs 1,770 employees, 250 of which reside in Eagan.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Vacant; zoned A - Agricultural; guided IND - Industrial.
South - YMCA; zoned I-1- Industrial; guided IND - Industrial.
East - City of Inver Grove Heights, Inver Hills Memorial Cemetery & residential; zoned P -
Institutional, A, and R -3D; guided P & R-2 (multiple density 3-6 u/ac)
West - West Publishing zoned PD -Planned Development; guided IND - Industrial.
EVALUATION OF REOUEST
Preliminary Plat:
Lots - Lot 1, Block 1, UPS 2°' Addition is proposed to be 3,057,659 s.f. or 70.194 acres.
Compatibility with Surrounding Area - The Gopher -Eagan Planned Development has designated this
site for this specific industrial use for the last 12 years. The City's Comprehensive Guide Plan indicates
Industrial surrounding this site on the north, west and south. Inver Hills Cemetery and a few
residences are located to the east. The residents located nearby have experienced problems with trash
and packing "peanuts" blowing from the trucks on to their property, noise from the trucks, and light
encroaching into their houses.
Landscaping - In order to provide a visual and noise buffer for residents located north of the facility, a
landscape plan was submitted for the area between the pond and the proposed building addition. It is a
mixture of Silver Maple and American Linden, deciduous, overstory trees and Norway and White
Pines for year round screening and buffering. Interspersed along the north side of the trees, the plan
indicates Sumac. The landscaping will be planted with the construction of the building.
GradingMetlands - The preliminary grading plan is acceptable. The area of the site for the
proposed building and parking lot expansion generally slopes to the north. There are no
jurisdictional wetlands within the site.
Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. Existing
storm sewer of sufficient size, depth and capacity is readily available for connection by this
Planning Report - UPS 2od Addition
April 22, 1997
Page 4
development. The storm sewer drains to Pond GP -5, an existing storm water basin located along
the north edge of the development and classified as a Class 5 sediment basin in the City Water
Quality Management Plan. The pond does not currently have an outlet and no outlet will be
installed as a result of this development. All runoff will be contained on the site.
ilities - The preliminary utility plan is acceptable. The proposed building expansion can be
served with sanitary sewer from the existing building's service line. The existing water main on
the site is of sufficient size and capacity to serve the proposed building expansion and will be
extended within the development to provide proper fire protection.
Streets/Access/Circulation - Street access will remain unchanged from the existing development.
With possible future development of Gopher Eagan Industrial Park 1 st Addition, street access
may be provided at the northwest corner of the development if Kutoff Drive is constructed within
the existing right-of-way. Construction of Kutoff Drive would provide access for this site to the
possible future extension of Yankee Doodle Road to the east.
SUMMARY/CONCLUSION
Minneagan Real Estate Company is requesting approval for a Preliminary Plat to consolidate the
existing Lot 1, and Outlots A & B, UPS 1` Addition, and Lots 1,2,3, and 4, Loren Addition for the
purposes of combining all of those lots into one lot. It is UPS's intention to then have a buildable lot
for the completion of its second phase of the building.
ACTION TO BE CONSIDERED
To recommend approval or denial for the proposed single lot Preliminary Plat for UPS god Addition,
located north of Opperman Drive, west of Inver Grove Heights and east of Highway 149 in the NE i/1
of Section 13 subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by Council
on February 3, 1993:
Al, B1, B2, B4, Cl, C2, C4, D1, E1, F1, & Hl
Storm Sewer/Water Oualiiy
2. All runoff from this development be discharged into Pond GP -5, and that no outlet be installed so
that runoff is contained entirely on-site.
Planned Development
3. Prior to any future development, the 2.3 acres of Loren Place included in this plat shall be
incorporated into the Planned Development via rezoning UPS should make an application to
rezone Lot 1, Block 1, UPS 2°d Addition.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -of --way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25, 1987
LTS#5
STANDARD.CON
City Council
September 15, 1987
Revised:—July 10 1990
Revised: February 2, 1993
is
FINANCIAL OBLIGATION — UPS 2nd
There are pay-off balances of special assessments totaling $77,871 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.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use
Storm Sewer Trunk C/I
Lateral Benefit Water C/I
Rate
Quantity
Amount
.042/sq ft
75,000 sq ft
$ 3,150
26.25/ff
300 ff
7.875
Total $11,025
•.W:II191lmk, :1@
Ella
oil 1101911 PO -VIS
'�QftQ %I kiks
■
�dr,rm
•l11 •1 f -l i T4 i - NFMM"Iky1
Nil
NOR
4611MIM'
�i
W
M
LU
W
U
LU
d�
ONY 7 V+i`
end "rrua66��Ksa na
w� ,r w.::,■— [...� . _� u i r arc s,±,, n
jai
-i _i�•i r�2- ^ C
�= S
I
CZ
� `"
-Y
�
I � i
6•
'lilt
I
I
I
1
'
,yam '••.
1 b
J
40
i'
4OMP
mi'Sa (IN) - M
9 Mn 79 79A
I.J. I
1-11 r
D In Eel"!
Lfs 8008
QW00,
LA83S 133sy
5NOUICIN0.1 0MU5DC3
walacy at sdn — —
-------------
— -------- — -- ------------------
4� Al
---------
— ---------
-------- 4
r
4L
F
OYOY ADIGA klU
3NAOS i3Javd a3lINn
Emma
ON/7 70 FjTA F
Its
Al
CL
OYOY ADIGA klU
3NAOS i3Javd a3lINn
Qo
--------------------•
---------
--- ---_-
IL
r—
CL
LL
LL;
cr
*O"Ws 00939W ft—fle
I M W 74 M, ff
D189 3
Xj;,VMO
0',
ovob "L j
'Mbyd a Ltn-.11� N 1�
1•lljij:
1' T
*O"Ws 00939W ft—fle
I M W 74 M, ff
D189 3
Xj;,VMO
0',
ovob "L j
'Mbyd a Ltn-.11� N 1�
Q
M
W
w
U
W
c
Cyl
�
�
CL
<z
C
>
Lu
U
LLJ
cr
� �
� ■
� �
� �
� ■
W�
Ems,
2
.y§
V)
§\
®
0
].K
A §
�
~ §
2u
■
�-
B
�.
. ..
I'
J|
.
.`�
.
\ �
Z'. A
�
�
� �
. �
�
��| ■
!
�
'
'
}■|!|
:
��
�
�_
�
I
..
■
�
|
|
�
I
�
.
�,
e
\�
■�
� ■
� � �
� �
r-
rn
o�
N
Q
Cl -
LU
W
W
r'r ar • r h ...ter
;)F
3 I i e. l�hif
:e-
o . I.p
=i��6iai�t+�
e0.am "a
Mod cm wn p
Ar C
e
=s :=.r�=•� :
.. i lilefs`i d,
�3
Y
z
W a
i•i
OCD
=
l
a �• d
O WN
�
J a
...
V mi
_
a
I �
=s :=.r�=•� :
.. i lilefs`i d,
,2w
►a ;
l
jw
I �
P S;
11 ^!
I_ s
,
�-_.
•�
iF
,2w
May 12, 1997
Mr. Mike Ridley
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
Dear Mike:
Minneagan Real Estate Company (United Parcel Service (UPS)) has applied for a preliminary
subdivision approval. UPS respectfully submits this letter to provide a narrative background on
what UPS will do to answer some of the neighbors concerns.
United Parcel Service will commit to the following:
1. United Parcel Service, Inc. will pay to have Hedlund Engineering survey the property line and
restake the property line between Ralph Taylor and Minneagan Real Estate Company.
2. United Parcel Service will pay for putting slants in Don Kirchcatter's fence to reduce the trash
blowing onto his property.
3. United Parcel Service has increased the frequency of trash pickup on its property.
4. United Parcel Service will investigate putting something under the gates to reduce the amount
trash from blowing under the gates to the neighborhoods.
5. United Parcel Service will investigate which lights can be reposition on its building and on its
property. Lights that do not cause a safety issue will be reposition or modified. Lights that may
cause a safety concern to our employee will not be reposition.
Mike, we will continue to work with our neighbors to improve the conditions in and around the
UPS facility in Eagan.
Sincerely,
SERVICE, INC.
Manager
West
G:RLSTATEIRIDLEY.LTR R� �
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
B. REZONING AND PRELIMINARY SUBDIVISION — MURPHY
FARM
ACTION TO BE CONSIDERED:
> To approve or deny a Rezoning from Agricultural to R-1 Single Family on 22 acres
located at 1655 Murphy Parkway, in the NW 1/4 of Section 21.
> To approve or deny a Preliminary Subdivision, including roadway variances,
consisting of 40 lots on approximately 35 acres located at 1655 Murphy Parkway, in
the NW '/4 of Section 21 subject to the conditions recommended by the APC.
FACTS:
> The proposed R-1 zoning is consistent with the Comprehensive Guide Plan which
designates this property for D -H Mixed Residential (0-6 units per acre).
> The 22 acres proposed for rezoning include the proposed 38 lots for single family
development and 3.55 acres proposed for parkland dedication. The parkland will
need to be rezoned again to Public Facilities to reflect its public park use. The
proposed Lots 19 and 20, Block 2 are at least 5 acres in size and will retain their
Agricultural zoning until they are further developed.
> All of the proposed lots meet code requirements for area and width. The density
resulting from the proposed 38 single family lots on 22 acres is 1.73 units per acre
which is within the allowed R-1 density limits.
> At their regular meeting on April 22, 1997, the APC recommended approval of the
Rezoning and the Preliminary Subdivision, including the roadway variances, with
modification of Condition #3 to read: The Final Subdivi ion shall include center -
island cul-de-sacs with a 60 -foot radius right-of-way and an additional 5 foot
easement dedicated over the "bubble" portions of the cul-de-sacs.
ISSUES:
> The proposed subdivision includes two deviations from the City's roadway design
standards:
1. Code requires cul-de-sac "bubbles" to have a 65 foot radius. This provides 10
feet of right-of-way behind the curb for utilities and snow storage. The two cul-
de-sacs proposed include 60 foot radius "bubbles". These would provide 5 feet of
right-of-way behind the curb. The developer has indicated they would be willing
to dedicate an additional 5 feet of easement adjacent to the right-of-way which
Vo N
they believe achieves the same practical effect as a 65 foot radius. Staff notes that
the City also requires 10 feet of easement beyond the right-of-way. Therefore, the
developer's proposal would result in 15 feet of easement beyond the right-of-way.
The developer is requesting the variance because of site constraints that restrict lot
depths at the end of the cul-de-sacs. Providing the required 65 foot radius would
reduce lot depths by 5 feet. While the lots could still be developed without
setback variances, the buildable area of the lots would be restricted. (See attached
memo from the Director of Public Works)
2. Code allows cul-de-sacs to be a maximum of 500 feet long. The proposed
Donegal Way cul-de-sac is 700 feet long. The City has deviated from this
standard, particularly in situations where topography, trees, or wetlands pose site
constraints.
BACKGROUND/ATTACHMENTS
Minutes of April 22, 1997 APC meeti pageshrough Ar
Staff report, pages ►through T
Memo from Director of Public Works, pages through
Page 4
April 22, 1997 . ' _ - .4
ADVISORY PLANNING COhSESSION `"
REZONING & PRELIMINARY SUBDIVISION
SPRINGBROOK CORPORATION
Commission Chair Heyl opened the next public hearing of the evening regarding a
Rezoning of 22 acres from A (Agriculture) to R-1 (Single Family) and a Preliminary
Subdivision (Murphy Farm) consisting of 22 acres and 38 single family lots located north
of Deerwood Drive and west of I -35E in the NWV4 of Section'21.
Planner Farnham introduced this item. Ms. Farnham highlighted the information
presented in City staffs planning report dated April 17, 1997. Ms. - Farnham noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Howard Kyllo of Springbrook Corporation, stated that the 65 -foot variance request
is due to the site being tight in terms of depth of the lots. He stated that the other
alternative would be to ask for a variance to the 30 -foot front setback requirement. He
noted that setbacks are determined from the right-of-way and not the easement and thus
putting a five-foot easement would accomplish the same thing as the 65 -foot radius right-
of-way. He also wanted to remind the APC that this was a down zoning.
No persons from the public were present for comment.
Member Frank noted that rather than delete Condition No. 3, he would like to add
the phrase "or a 60 -foot radius right-of-way with an additional five-foot easement." He
also stated that he saw no problem with the 700 -foot long cul-de-sac. Member Carlson
echoed her approval.
Member Miller moved, Member Bakken seconded, a motion to recommend
approval of a Rezoning of 22 acres from A (Agriculture) to R-1 (Single Family) located
north of Deerwood Drive and west of I -35E in the NWV4 of Section 21.
All voted in favor.
Member Miller moved, Member Frank seconded, a motion to recommend approval
of a Preliminary Subdivision (Murphy Farm) consisting of 40 lots on 35 acres located
north of Deerwood Drive and west of I -35E in the NW%4 of Section 21, subject to the
following conditions:
X03
Page 5
April 22, 1997
ADVISORY PLANNING CMMSSION
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993:
Al, Bl, B2, B3, B4, Cl, C2, C3, C4, DI, El, Fl
Special Conditions
1. The developer shall comply with the prepared grading and site reclamation conditions
resulting from encroachment into Blackhawk Park. The grading within Blackhawk
Park shall be reviewed and approved by the City Parks and Recreation department
prior to final plat approval.
2. The developer shall be responsible for removal of all wells and septic systems in
accordance with County and City standards.
3. The Final Subdivision shall include center -island cul-de-sacs with a 65 -foot radius
right-of-way dedicated over the "bubble" portions of the cul-de-sacs, or a 60 -foot
radius right-of-way with an additional five-foot easement.
4. This development shall be responsible for costs associated with the extension of water
main to the eastern edge of Lot 19, Block 2 to provide for future development of proposed
Lots 19 and 20, Block 2.
5. This development shall be subject to a land dedication of Outlot A which will fulfill
the parks dedication for the 22 acre site currently proposed for development and the
remaining 13 acres not proposed for development at this time.
6. This 22 acre development shall be responsible for a cash trails dedication. Cash trails
dedication for Lots 19 and 20, Block 2 will be required at the time they are further
subdivided.
7. The applicant shall install 3 Category B trees as mitigation for significant tree removal
in excess of allow limits.
8. The applicant shall create and implement a Conservation Easement protecting the
significant woodland located on Lots 14 through 18 of Block 2.
9. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the drip line or at the perimeter of the critical root zone, whichever is
greater, of significant trees/woodlands to be preserved.
lo
b
Page 6
April 22, 1997 '
ADVISORY PLANNING COI NMSSION
10 The applicant shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
11. Water quality mitigation requirements can be met through construction of on-site
ponding. Skimmers should be installed on both pond outlets and the design of the
ponds must be approved by the water resources coordinator.
12. The jurisdictional status of the low area in the northeastern comer of the site should
be determined when field conditions permit. If the area is determined to contain a
wetland, no draining or filling of the wetland is allowed.
13. Future development on Lot 19, Block 2 shall not take access from the park entry road.
14. The developer shall plat the property.
All voted in favor.
Planner Farnham stated that she would like the APC to make a motion to review
the rezoning of Outlot A. It was noted that the trail did not need to be included in this
review.
Member Miller Moved, Member Frank seconded, a motion to approve the
reviewing of this property for rezoning at the May APC meeting.
All voted in favor.
(010000'
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 17, 1997
APPLICANT: Springbrook Corp.
PROPERTY OWNER: Leo Murphy
CASE: #21 -PP -&3-97, 21-RZ-8-3-97
HEARING DATE: April 22, 1997
PREPARED BY: Julie Farnham
REQUEST: Rezoning and Preliminary Subdivision
LOCATION: 1655 Murphy Parkway
COMPREHENSIVE PLAN: D -H Mixed Residential (0-6 units per acre)
ZONING: A - Agricultural
SUMMARY OF REQUEST
Springbrook Corporation is requesting a Rezoning from Agricultural to R-1 Single Family on 22 acres
and a Preliminary Subdivision (Murphy Farm), including roadway variances, consisting of 40 lots on
approximately 35 acres located at the northwest corner of the intersection of Deerwood Drive and
Murphy Parkway, in the NW 1/4 of Section 21.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the
Council shall be guided by criteria, including the following, in approving, denying or establishing
conditions related thereto:"
A That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable plans of
Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but not limited to, topography, vegetation,
susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are
such that the site is suitable for the type of development or use contemplated.
D.
E.
F.
G.
That the site physically is suitable for the proposed density of the development.
That the design of the subdivision or the proposed improvements is not likely to cause
environmental damage.
That the design of the subdivision or the type of improvements is not likely to cause health
problems.
That the design of the subdivision or the improvements will not conflict with easements of
Planning Report - Murphy Farm
April 22, 1997
Pa e 2
record or with easements established by judgment of court.
H That completion of the proposed development of the subdivision can be completed in a timely
manner so as not to cause an economic burden upon the City for maintenance, repayment of
bonds or similar burden
I. That the subdivision has been properly planned for possible solar energy system use within the
subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access).
I That the design of public improvements for the subdivision is compatible and consistent with
the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain document
entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed
Management Organization" which document is properly approved and filed with the office of
the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document
and all of the notations, references and other information contained therein shall have the same
force and effect as if fully set down herein and is hereby made a part of this Chapter by
reference and incorporated herein as fully as if set forth herein at length. It shall be the
responsibility of the City Clerk to maintain the Water .Quality Management Plan and make the
same available to the public.
BACKGROUND/MSTORY
This property, originally consisting of about 35 acres, has been used by the Murphy's as their family
farm for many years. In April 1996 a waiver of subdivision was approved to split off a 5.29 acre parcel
that contains the residence of Kevin Murphy, Leo Murphy's son. That parcel will be included in this
subdivision as part of Lot 20, Block 2. Another son, Dennis Murphy lives in an existing house on the
property, just east ofKevin's property. The proposed Lot 19, Block 2 will encompass Dennis' house.
Leo Murphy lives in the house to the west of Kevin's property. This house, and a bane structure, will
be removed for the proposed residential development.
EXISTING CONDMONS
The site topography is rolling and slopes steeply down to the Blackhawk Park entrance road which
runs through the northeast corner of the property. Most of the e7dsting trees on site are located on the
steep hillside. Other wooded areas exist near Leo Murphy's house and barn.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Blackhawk Park; zoned P, guided PF
South - I -35E and Bieter property; zoned A; guided D -II
East - Single family development (Blackhawk Pond); zoned PD; guided D -I
West - Single family development (Cedar Grove No. 8); zoned R-1; guided D -I
Planning Report - Murphy Farm
April 22, 1997
Pave 3
EVALUATION OF REQ
Rezoning
The proposed rezoning from Agricultural to R-1 Single Family is consistent with the Comprehensive
Guide Plan which designates the property for D -II Mixed Residential (0-6 units/acre). The proposed
R-1 zoning will allow development of single family residential units. The proposed rezoning will only
include the 22 acres containing the 38 new single family lots. The proposed Lots 19 and 20, Block 2
will retain their current Agricultural zoning. Both lots meets the 5 acre minimum lot area required in
the A zoning district.
The 22 acres proposed to be rezoned does include the 3.55 acres proposed for parkland dedication
(Outlot A). This outlot will need to be rezoned to Public Facilities to accommodate its use as parkland.
Unfortunately, the need to rezone the parkland was not identified in time to include at the April public
hearing. Staff suggests that the City initiate the rezoning and schedule it for public hearing at the next
APC meeting.
Preliminary Subdivision
Unless otherwise noted, the following evaluation of the proposed subdivision relates to the 38 lots
proposed for new single family development. Lots 19 and 20, Block 2 will continue to be used by
Kevin and Dennis Murphy for their residences.
Ids - The proposed subdivision consists of 38 lots for single family development. All lots meet code
requirements for area and width. The minimum lot size in an R-1 district is 12,000 s.f. Proposed lots
range in size from 12,015 s.f. to 65,397 with an average lot size of 18,265 s.f.
A ghost plat (Exhibit A) for Kevin and Dennis Murphy's properties (proposed Lots 19 and 20, Block
2) illustrates that they can be subdivided in the future in a manner that meets all code requirements. It
is conceptual in nature and will need to be thoroughly reviewed during a preliminary subdivision
process. Staff notes that no future lots can take access off the park entry road.
nsi - The density resulting from the proposed 38 residential lots on 22 acres is 1.73 units per acre.
This is within the allowed density limits for R-1 zoning which allows a maximum of 3.6 units per acre.
Compatibility with Surrounding Area - The proposed development will be compatible with existing
residential development in the surrounding area.
Setbacks - All of the proposed lots are of sufficient size and shape to be developed without setback
variances.
Landsopin - There are no landscape requirements for single family development. However, the
developer is proposing to provide some common area landscaping. This will consist of screen
plantings along the perimeter of the subdivision, entry plantings and boulevard trees.
Staff has discussed some modification to the proposed common area landscaping with the developer.
These include: shifting a portion of the proposed screen plantings to the area behind Lots 12-18, Block
Planning Report - Murphy Farm
Apri122, 1997
Pasze 4
2 to provide screening between the residential lots and the park. Plantings in this area should include
those native to the Blackhawk Park area, including: oak, ash, birch, black cherry, elm and red cedar
trees. The other suggested modification is to spaces boulevard trees in a more natural, clustered
pattern which strategically places vegetation in areas that will benefit future residents (.e. to screen
headlights).
Grading/ Wetlands - The preliminary grading plan is acceptable. The north half of the site
generally slopes to the north while the south half slopes to the south. The site has large variations
in topography, especially along the northern edge which has elevation differences ranging from
903 to 822 (81 feet). The majority of the site is level with or about 10 feet below the elevation of
Deerwood Drive.
Proposed development in the northwest corner of the site will result in grading operations that
encroach approximately 120 feet into Blackhawk Park. The developer is making this grading
request in order to have a finished product that will result in a more "natural landform", rather
than installing retaining walls at the edge of park property. Staff has met with the developer on
site to determine proposed grade limits. The developer will be responsible for grading and site
reclamation of graded areas on park property.
The developer should install and maintain erosion control measures in accordance with the City
Erosion/Sediment Control standards. The developer should also be responsible for removal of all
wells and septic systems on the property in accordance with County and City standards.
A wetland survey for the site was conducted and identified one potential jurisdictional wetland in
the far northeastern corner of the site adjacent to the Blackhawk Park entrance road. Since soils
were frozen and vegetative indicators scarce at the time of the initial survey, this area will need to
be investigated in the field later this spring to determine its jurisdictional status. The current
grading plan shows no grading in this area.
Storm Drainage/Water QC alh - The preliminary storm drainage plan is acceptable. This
development will generate runoff that discharges to two different major drainage basins. The
north half of the site will drain toward Blackhawk Park and eventually into Blackhawk Lake,
while the southern half of the site will discharge runoff that will eventually reach Langhoven Pond
in Woodhaven Park. On-site ponding is both feasible and desirable, so wet ponds have been
incorporated into the development to treat runoff adequately before discharge off-site. Staff
recommends that the pond in the southeast corner of the site be reduced in wet volume from 1.27
acre-feet to 1 acre-foot to ensure that it retains a standing pool of water during dry conditions.
Utilities - The preliminary utility plan is acceptable. Sanitary sewer is readily available for
connection at Davenport Avenue to the west. Water main is available for connection by the
development at Davenport Avenue on the west and at Deerwood Drive in the southwest corner.
The developer is proposing to extend the Deerwood Drive water main along the north boulevard
of Deerwood Drive, and north along Murphy Parkway to Donegal Way for use within the
development. With development of this site and this extension of water main, it is timely to extend
this water main further south approximately 1,000 feet to connect with the existing water main
previously constructed to the south edge of Blackhawk Ponds Addition within Murphy Parkway.
wil
Planning Report - Murphy Farm
Apr1122, 1997
Pae 5
This will create a looped system which will provide water distribution from two directions for the
long dead-end water main currently within Blackhawk Ponds Addition. This development should
be responsible for the costs associated with the extension of water main to the eastern edge of Lot
19, Block 2 to provide for future development of Lots 19 and 20, Block 2. The water main
extension from Donegal Way to the north will be accomplished through a City -initiated public
improvement project.
Streets/Access/Circulation: Local street access to the development is proposed at two locations;
one from Murphy Parkway approximately 200 feet north of Deerwood Drive and the other from
the existing street stub for Davenport Ave. within Cedar Grove No. 8 Addition. The developer is
proposing to rename Davenport Ave. as Galway Lane. Because no existing homes are addressed
on Davenport Ave., this should not be a problem. The 200 foot off -set distance between Donegal
Way and Deerwood Drive will allow for sufficient vehicle stacking distance for traffic entering
Deerwood Drive from Murphy Parkway. This development is anticipated to generate an
estimated 410 vehicle trips per day. The existing adjacent streets have the capacity necessary to
accommodate this additional traffic in addition to existing residential and park traffic.
The preliminary site plan shows the two cul-de-sacs, Donegal Way and Donegal Court, with
center islands and a 60 -foot radius right-of-way dedication for the "bubble" portion of the cul-de-
sacs, which would provide 5 feet of right-of-way behind the cul-de-sac curb. City code requires a
minimum right-of-way dedication for center -island cul-de-sac "bubbles" of 65 foot radius which
provides 10 feet of right -of way behind the cul-de-sac curb. The City has typically not varied
from this requirement in the past. The 10 feet of permanent right-of-way behind curbs maintains a
clear zone for protection of the structural integrity of the street and provides adequate space for
the ever-increasing number of utility services, snow storage, street signs and lights. The final
subdivision should reflect a 65 foot radius of right-of-way for all cul-de-sac "bubbles", or a
variance must be granted with the subdivision to allow a 60 -foot radius. The developer has
indicated that they would be willing to dedicate an additional 5 foot easement adjacent to the
right-of-way. They believe the 60 foot radius with the 5 foot easement provides the practical
effect of a 65 foot right-of-way without decreasing the depth of the lots.
In addition, the Donegal Way cul-de-sac north of Galway Lane is proposed to be approximately
700 feet in length which is 200 feet longer than allowed by City Code. The City has deviated
from its 500 foot maximum cul-de-sac length standard, often in situations where topography,
trees or wetlands pose site constraints. In fact, Murphy Parkway is longer than 500 feet.
However, to allow cul-de-sac lengths greater than 500 feet, a variance to that requirement will
also need to be considered with the proposed subdivision.
Easemnents/Permits/Right-of-Wad: This development should be responsible for acquiring all
regulatory agency permits required by the affected agency prior to final plat approval.
Tree Preservation - The submitted tree inventory indicates that there are a total of 213,445 square
feet (4.9 acres) of significant woodlands located on this site within two separate woodlands. One
is located in the southeast area of the site and will be removed during site development. The
other, is located in the northeast part of the site, adjacent to the Blackhawk Park entrance road,
and will be preserved. These woodlands are comprised of a variety of deciduous trees (6" to 18"
diameter range).
iso
Planning Report - Murphy Farm
April 22, 1997
Pale 6
According to the City of Eagan Tree Preservation Ordinance allowable removal for this type of
development is 40% (85,378 square feet). The development, as proposed, will result in the
removal of 87,120 square feet (40.8%) of significant vegetation. Mitigation for the removal of
significant vegetation in excess of allowable limits calculates to three Category B trees.
Mitigation will be accomplished (and exceeded) through installation of the proposed perimeter
tree plantings.
Staff is recommending that the applicant establish a Conservation Easement for the existing
wooded area on the hillside behind lots 14 through 18 of Block 2. This wooded area serves as a
visual buffer between the residential units on these lots and Blackhawk Park. The conservation
easement should state that no removal of vegetation (overstory and understory) can occur within
the conservation easement area.
Parks and Recreation - In the early 1990's, staff negotiated with the property owner (Leo Murphy)
for an "early dedication" of park land. This early dedication was for the purpose of constructing
the access road into Blackhawk Park from Murphy Parkway. The early dedication amounted to
.664 acres. Under the terms of the agreement, this early dedication would be credited towards
any future dedication requirements.
The Springbrook proposal includes development of 38 new single family lots on approximately 22
acres of the Murphy property. The applicant is proposing a park dedication consisting of 2.85 acres
of land flanking the entrance road to Blackhawk Park. Credit of 0.7 acres will be granted for the
portion of land used for the park road. The total proposed park dedication of 3.55 acres (Outlot A)
satisfies the dedication requirements for this 22 acre site and the remaining 13 acres of adjacent
property containing Kevin and Dennis Murphy's homes, which is not proposed for development at this
time.
The APRNRC is recommending a cash trails dedication for the 22 acre subdivision. Cash trail
dedications for Kevin and Dennis Murphy's properties will be required at the time they are subdivided.
SUMMARY/CONCLUSION
The proposed rezoning to R-1 Single Family is consistent with the Comprehensive Guide Plan which
designates this property for D -H Mixed Residential (0-6 units/acre). The rezoning is only requested for
the 22 acres proposed for the 38 new single family lots. The proposed Lots 19 and 20, Block 2 with
Dennis and Kevin Murphy's homes will retain Agricultural zoning. The 3.35 acre Outlot A proposed
for park dedication is included in the requested rezoning to R-1. This area will need to be rezoned to
Public Facilities at a separate public hearing which could occur next month.
The proposed Preliminary Subdivision (Murphy Farm) will create 38 lots for single family residential
development, two lots over 5 acres to be used as the residences of Kevin and Dennis Murphy, and one
outlot to be dedicated as parkland. The 38 lots proposed for single family development meet code
requirements for size and width and will result in a density of 1.73 units per acre.
As proposed, the Preliminary Subdivision contains two deviations from the code that will require
variances in conjunction with the subdivision. First, Donegal Way cul-de-sac is 700 feet long which is
kk
Planning Report - Murphy Farm
April 22, 1997
Page 7
200 feet longer than allowed by code. Second, both cul-de-sacs are proposed to have "bubbles" with
60 foot radius right-of-ways, rather than 65 feet as required by code. Staff notes that condition #3
under the Preliminary Subdivision action recommends that the code requirement for a 65 foot right-of-
way be maintained over the cul-de-sac "bubbles". If the APC deems a variance to allow a 60 foot
"bubble" radius is appropriate, this condition should be eliminated.
CTION TO BE CONSIDERED
A. To recommend approval or denial of a Rezoning from Agricultural to R-1 Single Family on 22
acres located at 1655 Murphy Parkway, in the NW'/4 of Section 21.
B. To recommend approval or denial of a Preliminary Subdivision, including roadway
variances, consisting of 40 lots on approximately 35 acres located at 1655 Murphy Parkway, in
the NW'/4 of Section 21, subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by Council
on February 3, 1993:
Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, E1, F1
Special Conditions
1. The developer shall comply with the prepared grading and site reclamation conditions
resulting from encroachment into Blackhawk Park. The grading within Blackhawk Park shall
be reviewed and approved by the City Parks and Recreation department prior to final plat
approval.
2. The developer shall be responsible for removal of all wells and septic systems in accordance
with County and City standards.
3. The Final Subdivision shall include center -island cul-de-sacs with a 65 -foot radius right-of-
way dedicated over the "bubble" portions of the cul-de-sacs.
4. This development shall be responsible for costs associated with the extension of water main to the
eastern edge of Lot 19, Block 2 to provide for future development of proposed Lots 19 and 20,
Block 2.
5. This development shall be subject to a land dedication of Outlot A which will fulfill the parks
dedication for the 22 acre site currently proposed and the remaining 13 acres not proposed for
development at this time.
6. This 22 acre development shall be responsible for a cash trails dedication. Cash trails
dedication for Lots 19 and 20, Block 2 will be required at the time they are further subdivided.
7. The applicant shall install 3 Category B trees as mitigation for significant tree removal in
excess of allow limits.
Planning Report - Murphy Farm
April 22, 1997
Paee 8
8. The applicant shall create and implement a Conservation Easement protecting the significant
woodland located on Lots 14 through 18 of Block 2.
9. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at
the drip line or at the perimeter of the critical root zone, whichever is greater, of significant
trees/woodlands to be preserved.
10. The applicant shall contact the City Forestry Division at least five days prior to the issuance of
the grading permit to ensure compliance with the approved Tree Preservation Plan.
11. Water quality mitigation requirements can be met through construction of on-site ponding.
Skimmers should be installed on both pond outlets and the design of the ponds must be
approved by the water resources coordinator.
12. The jurisdictional status of the low area in the northeastern corner of the site should be
determined when field conditions permit. If the area is determined to contain a wetland, no
draining or filling of the wetland is allowed.
13. Future development on Lot 19, Block 2 shall not take access from the park entry road.
14. The developer shall plat the property.
I t 3
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Oblic ations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and S12ecifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
l ��
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25, 1987
LTS#5
STANDARD.CON
City Council
—September 15, 1987
Revised:. July 10, 1990
Revised: February 2 1993
FINANCIAL OBLIGATION — Murphy Farm
There are pay-off balances of special assessments totaling $17,603 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are pending assessments on the parcel proposed for platting in the amount of
$46,118. This pending assessment is related to Project 718.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use Rate
Quantity Amount
Water Trunk S.F. $865/lot
39 $ 33,735
Storm Sewer Trunk S.F. .079/sq ft
1,060,089 83.747
Total
$ 117.482
(le
•:WIIle] 00N :II
Preliminary Subid
PP -E
oil ■
allt��i
�■��� III► �i� ■
i► �;►,�� ��:� iii
�
e
CIII1I9■I'P:1e
f
■E■sEn■MINOR 1
VAIRIS
■■III
■■NINE
■a■■E■
��1�N■■■
MAINENommommom
■nN�■n■■n
�
e
CIII1I9■I'P:1e
f
■E■sEn■MINOR 1
Cell@
a■owl palm W/'
fi■s ■�• •
aNZ
.... ���d
�► .■■
■
W
IN
off m
im
■■■■
��■■■ ■■■■■■
ICa■■a■
m■■mn�■
!■■■■■■m■■
■■mm■■m■.i
■
n
9
r
L
0
3-11 Mixon Resitlantiai in -F
■
mi
.M,/y�i tt. �'1•a.. w. �• rMr..M r�.�rV www �..��.
_ r Y(05)rlNln •41M10J r10W0
Nr0Y3
■s ' r.�wvN �" � ;n lrld AwNI n1Uad
9a }?'R�4-
alt" t
`��t7 br : +t:I 11:r[
P-N
14:�
LRI ®1Y ■YI.I
I ' . �O-.IL-,t ]�1 N,w IM,w IF.ItP).••-',
Y
ISi ^�C ■ �� y
' .!
• d
0
I t� S! - I' Ar■ 7197(D0 .�/ Y� S4a%1
_ • r. r. xM1 c. vI tg tr �` � 3
wt.rYt a a■ e M D N, w p — w ..b�— rrl^ , i .� :^.�. �1. rv. �O _ _ . .
,a "•tt. r
.. N
'ON
'and N01d3A]a
I
—
I t� S! - I' Ar■ 7197(D0 .�/ Y� S4a%1
_ • r. r. xM1 c. vI tg tr �` � 3
wt.rYt a a■ e M D N, w p — w ..b�— rrl^ , i .� :^.�. �1. rv. �O _ _ . .
,a "•tt. r
.. N
'ON
'and N01d3A]a
a riiw w. aw.�wyvrwr�v��.� -OSANI-').1fM3 V101WG
�.+wur...v.�a NV7v3
en, -r w in
ualnt v. �>i: � nia Y!V)SONVI alnNl ni pee
i
Hi.alb $ 33�
Him
1' liltwill
r gggg s
9�'
IIni=.......::::::.:....... O!:...... Off..:
s,0
.1. -.)VIW3 NOI50N3
30... vbla 0.,(Yqdo
VWJ kHdNnvi
if
ill Ill
fill
SIR
I it
ME -
"i 1" i'l I
ONO I'li! 1;';I Wj I!,• ; 111j,".
I fill 691: it.. rch 11; 11 111..H
YY. I
1:
r
Y10S3r+ln'ALM10D Ylow
�w^W n! 4 • ���A NY'INKJY3
w r rY.ew�u y: mow,. d' YU3435AWL Ow MIYnl131Yw
om
a
J
a.
U)
0
c�
a
M
s
w
"M
CHI^
g •; : sl
4
■
iti�..rr +MMw�
V10S3rNln 'AIWIM VLOXVQ
NVOV3
W21VJ kHdanw
:d0 !rb MIVNInli3yd
Y
a
9Mtaly-w\l�atw Y\wMtiK\Yht\i Yn� ]lil K a
W'M
- a• ' �.ur�.nr�riw FWVJ AHdann
[r
1,1y
t 5Al
-�
P
8z
J3 3m
Z J
r -
TO:
FROM:
DATE:
MEMO
ENGINEERING DIVISION
city of eagan
MAYOR & CITY COUNCIL C/O TOM HEDGES, CITY ADMINISTRATOR
TOM COLBERT, DIRECTOR OF PUBLIC WORKS
MAY 15, 1997
SUBJECT: MURPHY FARM ADDITION - CONDITION OF APPROVAL
RIGHT-OF-WAY DEDICATION REQUIREMENT
ISSUE
The preliminary plat submitted for the Murphy Farm Addition shows two cul-de-sacs
(Donegal Way and Donegal Court) with center islands and a 60' radius right-of-way for
the bubble portion of the cul-de-sac. Section 13.30, Subd. 4. A. 9. States "minimum
right-of-way radius for the "bubble" is 55' without a center island and 65' with a center
island". The developer has stated that his request for a 5' variance from the 65' radius
requirement is "due to the site being tight in terms of lot depth".
STAFF REPORT COMMENTS
In the Planning report, staff identified that the 10' of permanent right-of-way behind the
curbs on cul-de-sac streets maintain a clear zone for protection of the structural integrity
of the street and provides necessary space for the ever increasing number of utility
services, snow storage, street signs, streetlights, hydrants, etc. The City has typically
not varied from this requirement in the past.
_1cl7kg[i�i •
The 10' of permanent right-of-way on cul-de-sac streets is already 3' less than the
standard 13' boulevard on typical local residential streets. The developer has stated
that if this boulevard were reduced to 5', he would provide an additional 5' easement for
typical public right-of-way purposes. However, property owners often are not aware of
the existence of such easements and often construct fencing and significant
landscaping improvements right up to their property (right-of-way) line.
With the inclusion of a landscaped center island, there are limited opportunities for
storage of snow removal in the center without significantly damaging the landscaping
improvements. This then requires additional snow storage behind the curb on what will
be less public right-of-way and easements that will most likely be encroached upon by
the property owner with landscaping that will also be impacted by snow removal
operations.
Also, while the justification for this right-of-way dedication variance is based on
restricted lot depths, this probably pertains to a select number of lots whereas the right-
of-way variance will be uniform across all lots, some of which may not need this
variance.
ALTERNATIVES
There are two alternatives to address the hardship presented by the developer
regarding this situation.
1. Provide a front -yard setback variance as necessary based on a defined
hardship with the building permit application and Certificate of Survey on a
lot -by -lot basis to be administratively approved by staff.
2. Delete the center island from the cul-de-sac bubble thereby reducing the
right-of-way dedication requirement to a 55' radius. This should adequately
address the lot depth concern of the developer and also provide a snow
storage area in the center of the cul-de-sac thereby minimizing the impact on
the future residents.
Either one of these two alternatives will protect the integrity of the City's public street
and rights-of-way design standards and will allow the staff and developer to address
hardships on a case-by-case basis.
ACTION REQUESTED
To include one of the suggested alternatives as an additional condition for preliminary
plat approval for the Murphy Farm Addition.
Respectf y submitted, 01
&1,404
Director of Public Works
TAC/jj
cc: Mike Ridley, Senior Planner
John Gorder, Development/Design Engineer
Agenda Information Memo
May 19,1997, Eagan City Council
C. PRELIMINARY SUBDIVISION AND FINAL PLANNED
DEVELOPMENT (GALAXIE CLIFF PLAZA THIRD ADDITION) - HERB
WENSMANN AND LOUIS OLSON
ACTION TO BE CONSIDERED:
A. To approve or deny a Preliminary Subdivision, Galaxie Cliff Plaza Third Addition, to
create three lots on property currently platted as Lot 1, Block 1 and Outlot A, Galaxie Cliff
Plaza Second Addition.
B. To approve or deny a Final Planned Development to allow construction of a two-story,
24,400 square foot office building on proposed Lot 2, Block 1, Galaxie Cliff Plaza Third
Addition.
FACTS:
> The proposed subdivision would allow for an expansion of the Park Nicollet medical clinic
by enlarging that parcel to create a 2.93 acre lot (Lot 1). Two other parcels would be created
and are 1.96 acres (Lot 2) and one acre (Outlot A) in size. The applicant plans to construct a
24,400 square foot office building on proposed Lot 2, no construction is proposed for Outlot
A at this time.
> The proposed office building meets typical Limited Business zoning standards as indicated in
the Preliminary Planned Development Agreement . The building is proposed to be of brick
and glass exterior materials and a 16 square foot entrance monument sign is proposed.
> The Advisory Planning Commission held a public hearing on April 23, 1997. The APC
recommended approval of the Preliminary Subdivision and the Final Planned Development
for the office building, subject to the conditions outlined in the APC minutes.
ISSUES:
> The developer of the residential development across Plaza Drive (Oakpointe of Eagan)
expressed concern about the alignment of the driveway for Lot 2 being directly across from a
residence and the potential for headlight glare affecting that residence. The APC
recommended that rather than relocate the driveway as discussed in the staff report, the
driveway should remain as presented and landscape screening be installed on the residential
property across from the driveway to obscure headlight glare.
> The APC stated specifically that their recommended approval of the Final Planned
Development did not include approval for a pylon sign adjacent to the 1-3 5E freeway.
k �
> The applicant is proposing nine foot wide parking stalls. Although the Zoning Code does not
address parking stall width, the City has typically required ten foot stalls, but nine foot stalls
have been approved in some instances for employee parking or where parking turnover is
low.
> An attached outdoor trash enclosure is proposed and is a deviation from the typical city
ordinance which does not provide for outdoor storage in an LB district. However, since this
is a Planned Development, a deviation may be approved and the attached trash enclosure is
consistent with previous development approvals in the Galaxie Cliff Planned Development.
ATTACHMENTS:
April 23, 1997 APC Mie tes, pages through
Staff Report, pages �►� through
Page 15
April 22, 1997
ADVISORY PLANNING COMMISSION
PRELIMINARY SUBDIVISION
HERB WENSMANN
Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Subdivision (Galaxie Cliff Plaza Third Addition) consisting of 5.9 acres and
two lots legally described as Lot 1, Block 1 and Outlot A, Galaxie Cliff Plaza Second
Addition located south of Cliff Road and east of I -35E in the NWl/4 of Section 32 and a
Final Planned Development consisting of a 24,400 square foot office building on
proposed Lot 2, Block 1, Galaxie Cliff Plaza Third Addition in the NWV4 of Section 32.
Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the
information presented in City staff s planning report dated April 16, 1997. Ms. Dudziak
noted the background and history, the surrounding uses and the existing conditions of the
subject property. Ms. Dudziak noted that the applicant does intend to construct a pylon
sign in the future and that this was not included in the request at this time.
Perry Ryan, an engineer representing Herb Wensmann, stated that they were in
general agreement with the recommendations set forth by the staff. In reference to the
access issue, Mr. Ryan would request that the access remain where it is presently due to
the fact that it looks at the open plaza and creates the look that they are trying to create.
Mr. Ryan does not see headlights being a problem with this access as the grade's one exit
is going down toward Plaza Drive and therefore the headlights will not shine in any
homes. Mr. Ryan also noted that the business was operated solely during business hours
and therefore there would be a very limited use of any headlights other than a couple of
weeks during the winter. Mr. Ryan also stated that he does not think sharing an access is
reasonable and that there will not be a traffic conflict as often happens with staggered
intersections. He suggested that the staff plan is too crowded and does not give the
entrance the feel they are trying to create. Mr. Ryan stated that the applicant would also
like to request a pylon sign at this time under the condition that it meets City
requirements.
Commission Chair Heyl opened the hearing to the public.
Jim Diamond, a developer across Plaza Drive, stated the drive opening as it
currently exists lines up precisely with the rear of a home. He suggested that the
developer put some form of landscape screen on the other side of the street to soften the
headlights. He also noted that the parking area grade from Plaza Drive will have an
appearance of an asphalt hill as there is a 17 -foot rise in the grade. He suggested that this
could be dealt with by tiering the lot to break the view of the asphalt. As for the pylon
sign, he suggested that it would be lined up with the building on the freeway side so it
would be screened from the view of the residences.
13o
Page 16
April 22, 1997
ADVISORY PLANNING CONIlvIISSION
Mr. Ryan reiterated that he did not feel the headlights would be a problem; but
noted that an additional buffer could be created on the residential side of the street. In
terms of the grade, he stated that the actual sloping was less than that of Park Nicollet. In
terms of the pylon sign, spacing requirements would make it so the sign would have to
fall behind the building, therefore out of the view of the residences.
At this time, Mr. Diamond reclarified the location of the 17 -foot rise in the grade
of the asphalt parking lot.
Commission Chair Heyl closed the hearing to the public.
Member Miller inquired as to whether this office facility had a need for a pylon
sign. Member Bakken stated that he felt a pylon sign was a guide more for the freeway
and not for this type of building. Member Frank stated that he agreed with the applicant's
proposal for the access to be directly across from the plaza entrance. Member Carlson
noted her agreement with Member Frank, but also stated that she would like screening as
a condition upon approval with the screening being of the nature of trees or something
natural and not a fence. Member Carlson also inquired as to whether there was anyway
that the applicant and Park Nicollet could "piggy -back" on one pylon sign. In response to
Member Carlson's inquiry, the applicant stated that with the limitation on Outlot A, they
cannot have a sign and therefore are looking at the additional space on this pylon sign to
support Outlot A. Member Miller noted that the idea of an individual business is that it
blends as a buffer. He felt that a pylon sign would emphasize the commercial side of the
building and de-emphasize the residential area. He also expressed his feeling that this was
excessive signage for a building of this nature. Commission Chair Heyl echoed Member
Miller on this point and stated that she liked the idea of their monument sign. In response
to Member Bakken's question as to whether the applicant could put lettering on the upper
portion of the building on the west and northwest side, the applicant stated that it would
not be visible from the interstate from this point. He also noted that the reason for buying
in this area was partly because it allowed one to have signage and he feels that the service
mark of his business is important. He also noted that the sign only has to be visible from
the freeway and does not have to extend the full height allowed. Commission Chair Heyl
stated that she would like to get the exact measurement as to how high the sign would
need to be. At this point, the applicant withdrew their request for the pylon sign.
Member Miller moved to recommend approval of a Preliminary Subdivision
(Galaxie Cliff Plaza Third Addition). In further discussion, Member Frank noted that
Condition No. 3 works better as proposed by the applicant rather than how it is stated. He
also noted that he would like to include a condition of screening (natural; non/fence)
across from the access. Member Frank noted that he would also like Condition No. 4
regarding the ingress/egress easement to be deleted.
f31
Page 17
April 22, 1997
ADVISORY PLANNING CONSESSION
Member Miller moved, Member Frank seconded, a motion to recommend approval
of a Preliminary Subdivision (Galaxie Cliff Plaza Third Addition) consisting of 5.9 acres
and two lots legally described as Lot 1, Block 1 and Outlot A, Galaxie Cliff Plaza Second
Addition located south of Cliff Road and east of I -35E in the NW'/4 of Section 32, subject
to the following conditions:
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993:
Al, B1, B2, C1, C2, C4, D1, E1, F1, G1, H1.
2. The property shall be platted.
Grading / Storm Drainage
3. The final grading plan shall be revised to reflect parking area grades for Lot 2 of
5% or less.
4. Detailed plans and specifications for all retaining walls shall be submitted for
review by the City at the time of final subdivision.
Wetlands/Water Quality °
5. The water quality mitigation requirements shall be met through payment of a cash
dedication. The amount for Lot 1, Block 1, shall account for the added impervious
surface from the future building and parking lot expansion on that parcel.
Parks and Recreation
6. This development shall be responsible for a cash parks dedication and a cash trails
dedication.
All voted in favor.
Member Miller moved. He stated that as part of this motion he would like to
remove Condition Nos. 4 and 5 and he would also like to specifically state that APC is
not approving a pylon sign.
13
a-
Page 18
April 22, 1997
ADVISORY PLANNING CONMUSSION
In response to the applicant and the APC's concern over this condition, Member
Miller withdrew his motion.
Member Frank moved, Member Bakken seconded, a motion to recommend
approval of a Final Planned Development consisting of a 24,400 square foot office
building on proposed Lot 2, Block 1, Galaxie Cliff Plaza 3rd Addition in the NW'/4 of
Section 32, subject to the following amended conditions:
Site Plan
1. The Final Planned Development for Lot 2, Block 1, Galaxie Cliff Plaza Third
Addition will include a 24,400 square foot office building with a 132 -stall parking
lot.
2. A Final Planned Development Agreement shall be executed prior to final
subdivision and Final PD approval. The following exhibits are required for the
Final PD Agreement:
• Final Site Plan
• Final Building Elevation Plans
• Final Sign Plan
• Final Landscape Plan
• Final Lighting Plan
Setbacks
2. The development shall satisfy all setbacks required in the LB zoning district.
Parking Lot
3. Except for designated handicapped stalls, parking stalls may be nine feet wide.
Landscaping
4. The landscape plan shall be revised so that plant materials do not interfere with
vehicles in the parking lot or obscure visibility at the driveway access, to provide
adequate growth room for trees and shrubs, to enhance the landscaping along the
freeway corridor, and to maintain 75% screening of the parking lot from Plaza
Drive.
10053
Page 19
April 22, 1997
ADVISORY PLANNING COIvMSSION
5. As required by City Code, the final landscape plan, shall include a planting
schedule, all plant materials should meet minimum size requirements, and
underground irrigation shall be provided for all landscaped areas.
Buildinit, Materials
6. All sides of the building shall be treated with the same brick exterior materials.
Trash Receptacle Enclosure
7. Trash shall be contained within the principal building or within an enclosure
attached to the principal building. The trash enclosure should be of sufficient size
to hold all trash dumpsters and any recyclable materials stored outside and shall be
constructed of brick materials to match the principal building, and have a gate
which provides at least 90% opacity for screening purposes.
Signagm
8. All signage shall comply with City of Eagan Sign Code provisions for size,
location and setbacks. The monument sign shall be set back a minimum of ten feet
from all property lines.
Li tin
9. The Final Site Lighting Plan shall show the overlay of photometrics on the site
plan, and provide a minimum light level of one footcandle throughout the parking
lot, not exceeding 1/2 footcandle at property line adjacent to Plaza Drive.
10. Parking lot light standards should not exceed 25 feet in height and light fixtures
should be shielded and directed so the source of light is not directly visible from
adjacent residential property east of Plaza Drive.
I. The developer shall provide written documentation to the City regarding an
agreement with the owner of the property across Plaza Drive for landscape screening
on that property to obscure headlight glare from the driveway access.
Member Miller discussed that he would like the minutes to reflect the discussion
of the pylon sign and that it is not implied that a pylon sign would be included.
All voted in favor.
13q
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 16, 1997 CASE: 32 -PP -7-3-97
APPLICANT: Herb Wensmann/Louis Olson HEARING DATE: April 22, 1997
PROPERTY OWNER: Herb Wensmann/Louis Olson PREPARED BY: Pamela Dudziak
Park Nicollet
REQUEST: Preliminary Subdivision (Galaxie Cliff Plaza 3rd Addition)
Final Planned Development
LOCATION: 1855/1885 Plaza Drive
COMPREHENSIVE PLAN: LB - Limited Business
ZONING: PD -Planned Development
SUMMARY OF REQUEST
Herb Wensmann and Louis Olson are requesting approval of a Preliminary Subdivision (Galaxie
Cliff Plaza 3rd Addition) to create three lots on property currently platted as Lot 1, Block 1, and
Outlot A, Galaxie Cliff Plaza Second Addition, located in the northwest'/4 of Section 32. The
applicant is also requesting approval of a Final Planned Development to construct a two-story
office building on proposed Lot 2, Block 1, Galaxie Cliff Plaza 3`d Addition.
AUTHORITY FOR REVIEW
Preliminary Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
Planning Report - Wensmann/Olson
April 22, 1997
Page 2
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Bun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
Planned Development:
City Code Chapter 11, Section 11.40, Subd. 6, D, Final Development Plans, states: "Prior to the
construction or issuance of building permits, the following information shall be approved. This
may be approved in stages as development ensues."
13
6
Planning Report - Wensmann/Olson
April 22, 1997
Page 3
1. Final Plat: This shall be in accordance with Chapter 13 of the City Code and revisions
thereto.
2. Final Building Drawings and Specifications: These shall be presented to the Building
Inspector for review and recommendation to the Planning Commission and Council.
3. Final Site Plans and Landscape Schedule: These shall be presented to the City staff for
review and recommendation to the Planning Commission and Council. These shall be scaled
drawings and include all site detail.
BACKGROUNDMISTORY
With the development of the first lot in the Galaxie Cliff Plaza Planned Development in 1988, this
portion of the property remaining undeveloped was platted into outlots. In 1990, the site was
replatted into one lot and one outlot and the 20,000 square foot medical clinic was constructed
shortly thereafter.
The Galaxie Cliff Plaza Planned Development Agreement was executed in 1988 for a five year
term. To date no action has been taken to formally terminate the Planned Development. The
Agreement designates this site for Limited Business uses, however, no specific plans or guidelines
are stipulated in the agreement to provide further direction for development of this property. A
condition of the original Agreement provided that development of all outlots be reviewed by both
the Advisory Planning Commission and City Council.
DESCRIPTION OF PROPOSAL
The proposed subdivision will allow for a future expansion of the Park Nicollet medical clinic by
enlarging that parcel 90 feet to the southwest resulting in a 2.93 acre lot. Park Nicollet has
submitted a separate application, which is also before the Advisory Planning Commission for
consideration this month, for a Planned Development Amendment to allow the building
expansion. A 24,400 square foot office building is proposed to be constructed on Lot 2 which is
1.96 acres. The remaining parcel, Outlot A, is one acre in size. The applicant has no plans to
construct on Outlot A at this time.
EXISTING CONDITIONS
The property is located south of Cliff Road between I -35E and Galaxie Avenue and the
northwest side abuts the I -35E northbound exit ramp to Cliff Road. The site is generally open
with rolling topography. Part of proposed Lot 1 contains the existing Park Nicollet medical
clinic. There is no significant vegetation on the property.
153
Planning Report - Wensmann/Olson
April 22, 1997
Page 4
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Park Nicollet Medical Clinic; Zoned Planned Development; Guided Limited Business
South - Vacant; Zoned Planned Development; Guided Limited Business
East - Single -Family Residential (Oakpointe of Eagan); Zoned Planned Development; Guided
D -II, Mixed Residential
West - I -35E
EVALUATION OF REQUEST
Preliminan► Subdivision:
Lots - Proposed Lot 1 enlarges the parcel containing the existing Park Nicollet medical clinic by 90
feet to the southwest to accommodate future expansion. The resulting parcel is 2.93 acres in size.
Proposed Lot 2 is 1.96 acres in size, on which the applicant proposes to construct a two-story,
24,000 square foot office building southwest of the existing medical clinic. Proposed Outlot A is
one acre in size and is located at the southwest end of the site. The applicant has no plans for
development of Outlot A at this time.
Setbacks - Typical LB zoning standards require building setbacks of 50 feet from I -35E, 30 feet
from Plaza Drive, and ten feet from the side lot lines.
Access/Street Design - Proposed Lot 1 will retain the two existing access points currently serving
the medical clinic. One additional public street access is proposed from Plaza Drive at the north
end of Lot 2. Upon development of Outlot A, another access would also be needed and one
option is shown on the concept plan for that parcel.
The proposed access location for Lot 2 does not provide access in direct alignment with the
existing cul-de-sac serving the Oakpointe of Eagan subdivision southeast of Plaza Drive. A joint
access in direct alignment with the existing cul-de-sac serving Oakpointe of Eagan, providing
access to both Lot 2 and future development of Outlot A, would reduce the amount of potential
vehicle headlights shining directly toward Oakpointe residences and consolidate accesses to
reduce the number of access points needed along Plaza Drive. Consolidation of access points is
consistent with the existing commercial development and with previous plans which provide for
shared access drives. The driveway access to Lot 2, Block 1 should directly align with the
existing private cul-de-sac of Oakpointe of Eagan, Ridgecrest Circle, and provide future street
access for development of Outlot A.
Easements/Rights of Way/Permits - An ingress/egress easement to provide future access for
Outlot A over Lot 2 should be executed prior to final subdivision approval and recorded with the
plat.
Planning Report - Wensmann/Olson
April 22, 1997
Page 5
Grading/Storm Drainage - The preliminary grading plan is acceptable with some modifications.
A majority of the proposed grades for the main parking lot area east of the proposed building are
in excess of 5%, creating potentially difficult situations for vehicle occupants exiting and
entering parked cars. The final grading plan should be revised to reflect parking area grades of
5% or less. A four -foot high retaining wall is proposed along the east lot line between Lots 1 and
2. Detailed plans and specifications for this retaining wall should be submitted for review by the
City at the time of final subdivision. The existing low area on Outlot A would need to be filled
at the time of the development of that property.
The preliminary storm drainage plan is acceptable. Storm water runoff from the site will drain to
the existing storm sewer within Plaza Drive which eventually drains to Pond AP -14, a storm
water sediment basin within the Oakpointe of Eagan residential development south of the site. A
storm sewer stub is also readily available for connection with future development of Outlot A.
This storm stub currently drains the low area on Outlot A. No modifications to the existing
storm sewer will be necessary.
Wetlands/Water Quality - This development would generate runoff that will discharge to Pond
AP -14, a designated sediment basin. Runoff from the site will eventually reach Cliff Lake, an
indirect contact recreation water body, after it passes through two more treatment basins.
Because of the relatively small size of the development and the number of treatment basins
between the development and the nearest downstream recreational water body, this development
should provide a cash water quality dedication. The water quality dedication amount for Lot 1
should account for the added impervious surface from the future building and parking lot
expansion. There are no jurisdictional wetlands within this development.
Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main services
stubbed from Plaza Drive are readily available for connection by this development.
Tree Preservation - There is no significant vegetation on this site.
Parks and Recreation - This development shall be responsible for a cash parks dedication and a
cash trails dedication.
Planned Development:
If approved, the proposed site plan will constitute the Final Planned Development for proposed
Lot 2, Block 1, Galaxie Cliff Plaza 3rd Addition (Galaxie Cliff Plaza PD).
The proposed site plan will achieve Final Planned Development status when it has been reviewed
by the Advisory Planning Commission and approved by the City Council, and the Final Planned
Development Agreement has been executed.
15
�
Planning Report - Wensmann/Olson
April 22, 1997
Page 6
ComnatibilitN with Surroundim! Area - The Galaxie Cliff Plaza PD designates this property for
Limited Business uses. Limited Business (LB) districts are intended to accommodate low
intensity commercial development in areas particularly exposed to residential neighborhoods.
Office buildings are a permitted use in the LB district, and since the PD Agreement did not
stipulate specific plans or guidelines for development, the office building proposed for Lot 2 will be
evaluated against typical LB zoning requirements. If this use is approved, Galaxie Cliff Plaza will
contain two office buildings, a medical clinic and a day care center.
Setbacks - Typical LB zoning standards require building setbacks of 50 feet from I -35E, 30 -feet
from Plaza Drive, and ten feet from the side lot lines. The proposed office building meets or
exceeds these standards. Typical parking lot setbacks of 20 feet from a public right of way and
five feet from side and rear lot lines are also satisfied.
Parking - A total of 132 parking stalls are provided northeast and west of the building. City Code
requires one stall per 150 square feet of net leasable area. Based on the leasable area provided by
the applicant (19,600 square feet) 131 parking stalls would be required; the plans show 132 are
provided.
Except for the designated handicapped stalls, the parking stalls are nine feet wide. Although the
Zoning Code does not address parking stall width, the City has typically required ten foot stalls.
However, in some instances nine foot stalls have been allowed for employee parking or where
parking turnover is low. Most parking provided for an office building is for employees, and
compared to a retail or commercial service use, parking turnover for an office is considerably
lower.
Landscaping - In reviewing the proposed landscape plan, staff has identified the following
concerns about crowding and appropriate placement of plant materials. First, The landscaping
proposed at the driveway access presents visibility concerns. Shrub materials by the driveway
should not exceed three feet at maturity, and the Colorado Spruce south of the driveway should
be relocated. Some of the spruce trees along the southeast edge of the parking lot should be
relocated to the northwest side and replaced with evergreen shrubs to screen the parking lot from
Plaza Drive. Second, because of the grade change between proposed Lots 1 and 2, the available
planting area between the parking lot on Lot 2 and the retaining wall is limited and overstory
trees should not be planted here. The White Ash proposed northeast of the parking lot should be
relocated to within the parking lot islands, replacing the ornamental trees. Also, the White Ash
along Plaza Drive should be set back at least three feet on center from the property line. Third,
the proposed Goldflame Spirea within the parking lot islands may interfere with people getting
into and out of their vehicles. These shrubs should be relocated from the islands to the northeast
property line in place of the White Ash. Finally, as required by City Code, the final landscape
plan, should be revised to include a planting schedule, all plant materials should meet minimum
size requirements, and underground irrigation should be provided for all landscaped areas.
Buildinp- Materials - The Galaxie Cliff Plaza PD does not specify architectural standards,
however, the building materials are proposed to be compatible with the other buildings in this
I qo
Planning Report - Wensmann/Olson
April 22, 1997
Page 7
Planned Development which are primarily brick. The office building is proposed to be brick and
glass. All sides of the building should be treated with the same brick and glass exterior
materials. The main entrance is located at the southeast corner of the building. Any rooftop
equipment should not be visible from the public right of way (I -35E and Plaza Drive).
Trash Receptacle Enclosure - A trash enclosure is proposed to be attached to the building. Detail
plans for the enclosure were not provided. The city's outdoor storage ordinance does not provide
for outdoor storage in LB districts, but a deviation from that standard may be approved as part of
the Planned Development and would be consistent with previous development approvals in the
Galaxie Cliff Plaza PD. The trash enclosure should be of sufficient size to hold all trash
dumpsters and any recyclable materials stored outside. The enclosure should be constructed of
brick materials to match the principal building, be of a height so that materials inside do not
extend above the enclosure walls, and have a gate which provides at least 90% opacity for
screening purposes.
Signage - A monument sign is proposed south of the driveway. The proposed monument sign is
stands 2'10" tall and 8 feet long. The 10" high base is brick. The sign message area is 16 square
feet per side, has a black aluminum background with attached metal letters. No building or pylon
signage was shown on the plans. All signage should comply with City of Eagan sign ordinance
provisions. The monument sign must be set back a minimum of ten feet from all property lines.
Lot 2, Block 1 and Outlot A of the proposed Galaxie Cliff Plaza 3`d Addition have a combined
frontage on I -35E of 363 feet. Although no pylon sign was included with this development
application, Park Nicollet's Planned Development Amendment application (also before the APC
this month) includes a pylon sign. If Park Nicollet's pylon sign is approved, only one additional
pylon sign could be located south of Park Nicollet while still satisfying spacing requirements.
Lighting - Site lighting consists of five 25 foot tall light standards with 250 watt lamps. The
location of light standards with these fixtures provide light levels which do not exceed 1/2
footcandle at the property line. For security reasons, light levels should not be less than one
footcandle throughout the parking lot. The lighting plan should be revised to overlay the
photometrics on the site plan, and provide a minimum light level of one footcandle throughout
the parking lot, not exceeding '/z footcandle at property line adjacent to Plaza Drive. Parking lot
light standards should not exceed 25 feet in height and light fixtures should be shielded and
directed so the source of light is not directly visible from residential property east of Plaza Drive.
SUMMARY/CONCLUSION
The office building proposed for Lot 2 is similar to the other uses within the Galaxie Cliff Plaza
Planned Development and consistent with the LB use specified for this property. The proposed
preliminary subdivision satisfies typical lot size and width standards for Limited Business
development and is consistent with the existing commercial development along Plaza Drive.
Planning Report - Wensmann/Olson
April 22, 1997
Page 8
The applicant is requesting approval of nine foot wide parking stalls. Prior to final subdivision
approval and execution of the Final Planned Development Agreement, the driveway access and
landscaping will need to be revised, and an access easement benefiting Outlot A will need to be
executed.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of a Preliminary Subdivision consisting of two lots and
one outlot on 5.89 acres west of Plaza Drive in the northwest'/4 of Section 32. Approval
should be subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on February 3, 1993:
Al, Bl, B2, Cl, C2, C4, D1, E1, F1, G1, H1.
2. The property shall be platted.
Access/Street Desi«n
3. The driveway access to Lot 2, Block 1, should directly align with the existing private cul-
de-sac of Oakpointe of Eagan, Ridgecrest Circle, and provide future street access for
development of Outlot A.
Easements/Ritihts of Wati /Permits
4. An ingress/egress easement to provide future access for Outlot A over Lot 2 shall be
executed prior to final subdivision approval and recorded with the plat.
Grading/Storm Drainage
5. The final grading plan shall be revised to reflect parking area grades for Lot 2 of 5% or
less.
6. Detailed plans and specifications for all retaining walls shall be submitted for review by
the City at the time of final subdivision.
Wetlands/Water Qualit•
7. The water quality mitigation requirements shall be met through payment of a cash
dedication. The amount for Lot 1, Block 1, shall account for the added impervious
surface from the future building and parking lot expansion on that parcel.
Planning Report - Wensmann/Olson
April 22, 1997
Page 9
Parks and Recreation
8. This development shall be responsible for a cash parks dedication and a cash trails
dedication.
B. To recommend approval or denial of the proposed development plans for a Final Planned
Development consisting of a 24,400 square foot office building on proposed Lot 2, Block 1,
Galaxie Cliff Plaza 3rd Addition in the northwest 1/4 of Section 32. Approval should be
subject to the following conditions:
Site Plan
1. The Final Planned Development for Lot 2, Block 1, Galaxie Cliff Plaza 3rd Addition will
include a 24,400 square foot office building with a 132 -stall parking lot.
2. A Final Planned Development Agreement shall be executed prior to final subdivision and
Final PD approval. The following exhibits are required for the Final PD Agreement:
• Final Site Plan
• Final Building Elevation Plans
• Final Sign Plan
• Final Landscape Plan
• Final Lighting Plan
Setbacks
2. The development shall satisfy all setbacks required in the LB zoning district.
Parking Lot
3. Except for designated handicapped stalls, parking stalls may be nine feet wide.
Access/Street Desi -n
4. The driveway access to Lot 2, Block 1, should directly align with the existing private cul-
de-sac of Oakpointe of Eagan, Ridgecrest Circle, and provide future street access for
development of Outlot A.
Easements/Rights of Wav/Permits
5. Across easement for joint access between Lot 2 and Outlot A shall be executed prior to
final subdivision approval and recorded with the plat.
I 3
Planning Report - Wensmann/Olson
April 22, 1997
Page 10
Landscaping
6. The landscape plan shall be revised so that plant materials do not interfere with vehicles
in the parking lot or obscure visibility at the driveway access, to provide adequate growth
room for trees and shrubs, to enhance the landscaping along the freeway corridor, and to
maintain 75% screening of the parking lot from Plaza Drive.
7. As required by City Code, the final landscape plan, shall include a planting schedule, all
plant materials should meet minimum size requirements, and underground irrigation shall
be provided for all landscaped areas.
Buildinc Materials
8. All sides of the building shall be treated with the same brick exterior materials.
Trash Receptacle Enclosure
9. Trash shall be contained within the principal building or within an enclosure attached to
the principal building. The trash enclosure should be of sufficient size to hold all trash
dumpsters and any recyclable materials stored outside and shall be constructed of brick
materials to match the principal building, and have a gate which provides at least 90%
opacity for screening purposes.
Si na e
10. All signage shall comply with City of Eagan Sign Code provisions for size, location and
setbacks. The monument sign shall be set back a minimum of ten feet from all property
lines.
Lighting
11. The Final Site Lighting Plan shall show the overlay of photometrics on the site plan, and
provide a minimum light level of one footcandle throughout the parking lot, not
exceeding '/z footcandle at property line adjacent to Plaza Drive.
12. Parking lot light standards should not exceed 25 feet in height and light fixtures should be
shielded and directed so the source of light is not directly visible from adjacent residential
property east of Plaza Drive.
( 4
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Ri hts-of-Wa
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -0f --way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
14s
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quali Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25, 1987
LTS#5
STANDARD.CON
City Council
September 15, 1987
Revised: July 10, 1990
Revised: February 2s 1993
14 �
FINANCIAL OBLIGATION — Galaxie Cliff Plaza Third
There are pay-off balances of special assessments totaling $2,526 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.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use
Water Availability Charge C/I
Storm Sewer Trunk C/I
Total
Rate
$2,855/Ac
042/sq ft
(40
Quantity Amount
2.71 Ac $ 7,737
118,048 sq ft 4,958
$12.695
*Ayob'wo I IW Ink1IF'.Ii
Om
:r
C
Now
r
_•�'r A i
Cslid[$
:l!
1 .•�'
Mal
MOVE
MOB
lip. MIN I
v
AT
W
,•�, r lop
�► iii.. Q ; ` ♦ I� ���► '/�'1'� ��
oil
� `! � '�� ■� : ■1�%� �' azo'
11 .���������►'�. �.4 Hallrtl1►ii►'�
r
A LimitQd musii1Q
IVId JIddNIV41 138d
�o
w�
wq�
U
�I
O
� b
QEF
I
t' .0
�/
ly4�prTS
f
z
IL
�q
EsEt
i
E°i
16tN
a
IVId JIddNIV41 138d
�o
w�
wq�
U
�I
S/
W
w
W
I
t' .0
Jai
Q
f
z
IL
d Sip C
�j
a
i
E°i
16tN
S/
W
w
W
I
t' .0
Jai
Q
f
z
IL
d Sip C
�j
a
Z
S/
W
w
W
I
6
Z
a
S/
W
w
W
�� a r •a �
oa
i,;t
�
14
4
E i
I
�
1 !fill
a
�/ + W O a
•�
a
Z
1ji
UP
� V
S
A
VA
4
It 1
j
_
.11
���Eti�
_
�• N
N VId 311S
F
S
�Sz
°Zvi
a X76It I ,N
%g
rQ
pit
9 a
14
4
! Y
A
aa\
VA
�Sz
°Zvi
a X76It I ,N
%g
rQ
pit
A
MM V e+s
3JdNIdUa1JNIOddJ a
4 l
- W q Q, a tit %
Mp !2
c
� 8
Rig q 11, A- o
Q , I hic Al ji 9as
R
h o
e e �o �7• � i I I i i
S
e d OZ 7
ui
CL
Z < O
a } -t
3dVOSaNVI
fill
H�'i��t#'rt i t
7
HE--x4mlx- Jim
4
J
- W
S
H
L
A
O
W
N
Ln
U
Q
m --r-
X
X NlW
X >
X ao
LD
z
0
m
U J
Z
co
cz
w
LU
J
W
O
LLJ2
Q
a
/SG
W
m
U
CD
w
Z
CD
SIGN ELEVATION
all
hili 15.11 311
YYY Y
o _
� � Y
\
Vii.'?t.�TT 1
Z
O
F- c
N€
i?; 1
Z
I O W
A
ui
�"`i,�i`:
:iii .:•.::::Wk
Z
Zi^\
.vi
\
I
DC
d
W
7
0
LU
oc
Vii.'?t.�TT 1
Z
O
F- c
N€
i?; 1
Z
I O W
A
ui
Z
Zi^\
g8�
a
I
DC
d
W
7
0
LU
oc
Agenda Information Memo
May 19, 1997 Eagan City Council Meeting
D. PRELIMINARY SUBDIVISION AND VARIANCE - MAPLEWOOD ACRES
ACTION TO BE CONSIDERED:
To approve or deny a Preliminary Subdivision consisting of 12 lots on approximately
110 acres located north of Yankee Doodle Road and east of Lexington Avenue in the SW
1/4 of Section 11 subject to conditions listed in the April 22, 1997 Advisory Planning
Commission minutes.
To approve or deny a Variance to the 100 -foot buffer setback requirement to allow
building setback of 50 feet and parking/drive aisle setback of 30 feet from the county
roads.
FACTS:
• Approximately 80 acres of the proposed subdivision is property that is previously
unplatted. The remaining 30 acres is made up of property previously platted as
Eagandale Corporate Center No. 1 that was either in outlot form or is being
reconfigured under the second addition.
• A public hearing was held by the Advisory Planning Commission at its regular
meeting on April 22, 1997. The APC recommends approval of both the Preliminary
Subdivision and the Variance request subject to conditions listed in the APC minutes.
ISSUES:
• As an industrially zoned piece of property, staff was concerned that direct access to
Yankee Doodle Road would allow and encourage potential industrial truck traffic
onto Yankee Doodle Road which acts as the primary east/west connection through the
City's central area. Due to findings of the trucking study and because of the priority
the City has set on this corridor, staff included a condition of approval that required
that if any portion of the development incorporates land uses that do not restrict
industrial truck traffic, the access for Challenger Drive to Yankee Doodle Road
should be eliminated. The applicant's representative opposed that condition and after
a discussion amongst the planning commissioners, the condition was recommended to
be removed.
Staff still believes there are legitimate reasons for regulating access of heavy truck
traffic to Yankee Doodle Road, if possible, and is looking for council direction in that
/s4?
Agenda Information Memo
May 19,1997 Eagan City Council Meeting
regard. Public Works Director Tom Colbert has provided a memorandum to the
Mayor and City Council regarding this issue.
• The Variance to the 100 -foot buffer setback requirement along Yankee Doodle Road
and Lexington Avenue was discussed by the Advisory Planning Commission and it
was determined that the aggressive landscaping buffer proposed by the developer
would go further in providing a visual screen when compared to a 100 -foot green
space requirement. The APC relied on information gathered and reviewed as part of
the Trucking Study in making the recommendation on the 50 -foot building setback
and 30 -foot parking/drive aisle setback request by the developer.
ATTACHMENTS (3):
April 22, 1997 AdvisoKoublic
Piing Commi 'o minutes on pages O through JU
Staff Report on pageshrough
Memo from the DirectWorks on page r r through
,Sy
Page 26
April 22, 1997
ADVISORY PLANNING C01 IMSSION
PRELIMINARY SUBDIVISION & VARIANCE
EAGANDALE CORPORATE CENTER NO.2
MAPLEWOOD, ACRES, INC.
'Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Subdivision (Eagandale Corporate Center No. 2) including a Variance to cul-
de-sac length consisting of 12 lots on a 112 acres and a Variance to the 100 -foot buffer
setback requirement located north of Yankee Doodle Road and east of Lexington Avenue
in the SWV4 of Section 11.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in City staff s planning report dated April 8, 1997. Mr. Ridley noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Commission Chair Heyl inquired as to how the potential rezoning will effect the
proposal in front of them tonight. Mr. Ridley stated that the proposal meets all standards
for either zoning district outside of the road.
Jack Hoeschler, a representative of the applicant, stated that he wants to keep the
interior lots zoned similarly to link the north and the south. The owner intends to keep the
industrial zone on the inside but does not object to a business park on the outside. He also
noted that they are currently transplanting trees from the interior to create a buffer along
Yankee Doodle Road to break up the facade. He noted his opposition to the idea of
closing off Challenger as an access. He stated that to avoid traffic congestion you need to
have multiple access streets.
Commission Chair Heyl opened the hearing to the public.
A resident of 3425 Golf View Drive, located across the street from the proposed
development, asked that the issued be tabled for two reasons; (1) the 226 condominium
owners did not receive notice of the hearing and therefore were not prepared; and (2) the
City should stick to the 100 -foot setback requirement due to the fact that Yankee Doodle
Road will not be an adequate buffer nor the explained landscaping.
Commission Chair Heyl closed the hearing to the public.
Commission Chair Heyl asked the staff to address the notice problem. Mr. Ridley
stated that a notice was sent to the condo association and was returned through the mail
due to an incorrect name and address. Member Carlson inquired as to why all residents of
the condominium were not notified, as they were all individually owned. City Attorney
Page 27
April 22, 1997
ADVISORY PLANNING CO1vMSSION
Dougherty stated that the association owns the outlots which is the land adjacent to the
road.
Condominium resident, Millie Janacek, expressed her side of the notification
process. She stated that she called the City planning office on Friday morning to get
information for the upcoming association meeting and she was told about this hearing and
in turn asked for the name and the address that the notice had been sent to. She stated that
this name and address was incorrect and was told that it had not been returned. She then
called to have the information faxed to the manager who in turn posted it on the
condominium's bulletin board. Member Miller inquired as to whether there could be a
meeting with the condominium association before this proposal goes to Council. Ms.
Janacek stated that the annual meeting for the condominium association is one week from
Wednesday the 23rd.
Commission Chair Heyl stated that the Challenger Drive cul-de-sac seems too
long. Dart has tried to keep direct access to and from the freeway and therefore the
through road would be better for the ingress and egress overall.
Member Miller moved, adding a condition stating that a representative of the
development be required to meet with the condominium association on Wednesday, April
30, 1997, or some other time before the Council meeting. Member Frank noted that
Condition No. 6 be deleted. Member Frank seconded, a motion to recommend approval
of a Preliminary Subdivision (Eagandale Corporate Center No. 2) consisting of 112 acres
and 12 lots located north of Yankee Doodle Road and east of Lexington Avenue in the
SWl/4 of Section 11, subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993:
Al, Bl, B2, B3, B4, Cl, C2, C3, C4, D1, El, Fl, G1, Hl.
2. The property shall be platted.
3. Storm drainage runoff from Pond EP -2.3 in the southeast corner of the site shall be
restricted to 5 cubic feet per second(cfs).
4. The developer shall be responsible for the removal of all wells and septic systems in
accordance with County and City standards.
5. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City Erosion/Sediment Control standards
Page 28
April 22, 1997
ADVISORY PLANNING COhMSSION
6. Tree preservation mitigation shall be met through the implementation of perimeter
plantings (staff will work with the applicant to determine final tree mitigation
amounts) along Yankee Doodle Road and around pond areas in accordance with the
proposed phasing as described below:
Phase I: Tree spading transplanting of material from within proposed
grading areas of the site to areas outside of future grade limits (April/May 1997)
Phase II: Additional tree spade transplanting of material from within
the site plus purchased landscape material installation (October 1997)
Phase III: The installation of purchased trees and shrubs (April/May 1998)
7. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved.
8. The applicant shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
9. Pond EP -2.6 (constructed detention basin) and Pond EP -2.5 (existing wetland) must
provide a minimum of 2 AF of additional wet volume in total to achieve acceptable
treatment of storm water. The minimum mean depth of Pond EP -2.6 must be 3 feet.
The increase in wet volume in the existing wetland must be accomplished by
excavation in the northern two-thirds of the wetland.
10. Pond EP -2.7 (constructed detention basin) and Pond EP -2.4 (existing wetland) must
provide a minimum of 3 AF of additional wet volume in total to achieve acceptable
treatment of storm water. The minimum mean depth of Pond EP -2.7 must be 3 feet.
The increase in wet volume in the existing wetland must be accomplished by
excavation in the southeastern two-thirds of the wetland.
11. Skimmers should be placed on the outlets of Ponds EP -2.6 and EP -2.7.
12. The developer is required to notify and secure approval from the Corps of Engineers
regarding the Nationwide 26 wetland permit, since the original application for the site
did not include proposals for wetland excavation.
13. No grading should be allowed within 30 feet of the. delineated edge of the wetland
associated with Pond DP -11, except for 450 lineal feet along the south .end of the
1lv;L
Page 29
April 22, 1997
ADVISORY PLANNING CONMISSION
basin to allow for road and detention basin/replacement wetland construction. A 30 -
foot wide undisturbed buffer shall also be preserved around the wetlands associated
with Ponds EP -2.4 and EP -2.5. buffers shall be marked on all grading plans.
14. Construction of Ponds DP -11.3 and DP -11.2 should be constructed to satisfy
requirements for wetland mitigation as per the approved wetland replacement plan for
this site.
All voted in favor.
Member Miller moved, Member Frank seconded, a motion to recommend approval
of a setback Variance to allow building setbacks of 50 feet and parking/drive aisle
setbacks of 30 feet from county roads.
All voted in favor.
Member Miller left the meeting at 10:45 p.m.
1 3
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 8, 1997 CASE: 11 -PP -9-3-97
APPLICANT: Maplewood Acres HEARING DATE: April 22, 1997
PROPERTY OWNER: Same PREPARED BY: Mike Ridley
REQUEST: Preliminary Subdivision (Eagandale Corporate Center No. 2), Variance
LOCATION: Northeast corner of Lexington & Yankee Doodle
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Limited Industrial (L -I)
SUMMARY OF REQUEST
Maplewood Acres (Dart Transit) is requesting approval of a Preliminary Subdivision, including
a Variance to cul-de-sac length, consisting of twelve lots on approximately 112 acres and a
Variance to the 100 foot buffer setback requirement located east of Lexington Avenue and north
of Yankee Doodle Road in the SW '/. of Section 11.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and
the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 2
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause health
problems.
G. That the design of the subdivision or the improvements will not conflict with easements of
record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use within
the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar
Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Bun Club Lake
Watershed Management Organization" which document is properly approved and filed
with the office of the City Clerk hereinafter referred to as the "Water Quality Management
Plan". Said document and all of the notations, references and other information contained
therein shall have the same force and effect as if fully set down herein and is hereby made
a part of this Chapter by reference and incorporated herein as fully as if set forth herein at
length. It shall be the responsibility of the City Clerk to maintain the Water Quality
Management Plan and make the same available to the public."
BACKGROUND/F ISTORY
The proposed subdivision will complete the subdivision of 200 acres previously owned by
Northwestern Mutual Life (NML) that had received preliminary subdivision approval in May
1995. Subsequent to receiving preliminary subdivision approval for the 200 acre site, NML sold
the property to Dart Transit (dba Maplewood Acres).
Due to delays in bringing the Final Subdivision application forward, Dart requested an extension
of the preliminary subdivision approval. In reviewing the extension request, concerns were raised
regarding the appropriateness of industrial development along Yankee Doodle and Lexington
particularly in fight of the Promenade development and the area generally becoming more of a
commercial corridor. In response to these concerns the City Council approved a one year
preliminary subdivision extension for the northerly 120 acres of the 200 acre site in June 1996.
�4�
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 3
The preliminary subdivision approval for the southerly 80 acres expired at this time. The
northerly 120 acres ultimately received final subdivision approval in October 1996.
Discussion about the suitability of industrial development on the south 80 acres raised two distinct
concerns: 1) The impact of industrial truck traffic generated by the subject site using Yankee
Doodle Road as a truck route to and from 1-3 5E; and 2) The aesthetic impact of outdoor storage
and trucking related uses along the Yankee Doodle Road corridor.
The applicant has indicated that they will not request a rezoning of the property from Industrial to
Business Park; however, they would not oppose a City initiated rezoning to Business Park for the
seven perimeter lots proposed with this subdivision.
At their regular meeting of April 15, 1997 the City Council decided to initiate a Rezoning of the
southerly 80 acres from Industrial, I-1 to Business Park, BP and directed staff schedule the public
hearing before the Advisory Planning Commission at their regular meeting on May 27, 1997
EXISTING CONDTITONS
Grading, utility, and street work on the northerly 120 acres of the site began in the fall of last
year. A portion of the subject site has been graded. The majority of the site remains vacant farm
land that contains various massings of trees, particularly around the various wetlands and the
perimeter of the site.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Eagandale Corporate Center; zoned and guided Industrial.
South - Carriage Hill apartments/golf course; zoned R4/PF; designated D-IV/PF.
East - Eagandale Center Industrial Park No. 5; zoned and guided Industrial.
West - Eagan Promenade 2"a Addition (apartments); zoned PD; guided Central Area (CA)
EVALUATION OF REQUEST
Preliminary Subdivision
Cpmpgibili y with Surrounding Area - The City has placed a high priority on the Yankee Doodle
corridor because of capacity issues and due -to its link to retail, corporate, and residential land uses
on either side of the road. Although there is no specific development proposal associated with
this subdivision request, future development within this subdivision can be compatible with
existing and future development. in the surrounding area if industrial truck traffic is routed away
from the Yankee Doodle corridor and outdoor storage is prohibited or restricted so as not to be
visible from either county road
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 4
Lots - All proposed lots exceed the I-1 standards for lot area and width. The lots range in size
from 2.5 to 19.6 acres
Landscaping - In addition to an internal road tree planting plan the applicant is also proposing a
perimeter planting plan that will be composed largely of transplanted trees and will provide a
natural look. The exact size and species will depend on what can be moved from the interior of
the site. The perimeter will have low bushes and shrubs on the exterior. These will be backed by
medium height trees and bushes in the middle, with tall trees on the inside of the perimeter
planting strip.
The perimeter planting plan and individual site landscaping (reviewed and approved with the
building permit) should meet the City Code standard that requires parking areas to be screened
with materials that will provide 75% opacity at maturity.
Grading/Wetlands - The preliminary grading plan is acceptable. The developer is proposing to
grade the street right-of-way and Lots 1-7, Block 2 with this development with Lots 1-3, Block 1
to be custom -graded at time of building permit. The grading plan shows the maximum cut as 28
feet and the maximum fill as 18 feet. The developer should be responsible for installing and
maintaining erosion control measures in accordance with the City Erosion/Sediment Control
standards.
The southeastern portion of the site will generate runoff that will discharge directly to Pond EP -2,
an indirect contact recreation water body in the proposed North Park. The south western region
of the site lies within the LeMay Lake watershed. There are no changes in the storm water
management configuration for that portion of the site within the LeMay Lake watershed
Storm Drainage/W er Quality - The preliminary storm drainage plan is acceptable with some
modifications. The storm drainage plan shows the utilization and modification of wetlands on the
site for water quality and flood volume control purposes.
Approximately two-thirds of the development drains to the west toward LeMay Lake while the
remainder drains to the east to Pond EP -2 within "North Park' on the Borchert Ingersoll site.
Due to the limited capacity of the existing storm sewer outlet within the Yankee Doodle right-of-
way, storm drainage runoff from Pond EP -2.3 in the southeast corner of the site should be
restricted to 5 cubic feet per second (cfs). The developer should be responsible for the removal of
all wells and septic systems in accordance with County and City standards.
The developer has requested that two pre-treatment basins approved in 1995 in the southeastern
portion of the site be dropped or reduced in size. Because this part of the development discharges
directly to Pond EP -2, it is important to fully treat the runoff to prevent further degradation of
this water body. The ponding configuration originally approved met this standard. A re-
evaluation of the need for the two upland detention areas indicates the same standard could be
I �I
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Paae 5
achieved by reducing the area and volume of the detention basins and excavating portions of the
small (less than 1 acre) wetlands into which they discharge.
Staff and the Advisory Parks, Recreation and Natural Resource Commission (APRNRC) do not
recommend elimination of the detention basins because of the desire to provide some level of
water quality protection to the wetlands themselves and the fact that a detention basin/wetland
system in series is more effective than a single basin for treating storm water
Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available at Yankee Doodle
Road and Golfview Drive to serve this subdivision. Water main stubs are available along Yankee
Doodle Road. Sanitary sewer and water main will be extended throughout the site to serve each
lot
Access/Street Desk-, - Public street access will be provided via Challenger Drive, an internal
north -south collector street from Neil Armstrong Boulevard to Yankee Doodle Road (Dakota
County Road 28) and also from Challenger Circle, a 1,000 -foot long cul-de-sac extending east
from Challenger Drive. The 1,000 -foot length of the Challenger Circle cul-de-sac requires a 500 -
foot variance to the City Code maximum of 500 feet. Yankee Doodle Road was reconstructed in
1995 and accommodates the Challenger Drive intersection with left and right turn lanes on
Yankee Doodle Road. Challenger Drive directly aligns with Golfview Drive across Yankee
Doodle Road.
If any portion of this development incorporates land uses that do not restrict business operations
that attract, promote or generate primarily industrial heavy truck traffic, the access for Challenger
Drive to Yankee Doodle Road should be eliminated. All internal development traffic would then
be directed towards the Eagandale Center Industrial Park and the Lexington Avenue/Lone Oak
Road interchange with I -35E, TH-55 and TH-149.
The Yankee Doodle Road corridor, with its retail, corporate and residential emphasis and limited
available capacity, is very sensitive to the impacts and congestion that increased truck traffic
would create. The City has placed a high priority in preserving this corridor.
Easements/Rights of Way/ Permits - All work within Dakota County right-of-way will require a
permit from Dakota County.
Dakota County will require that restricted access along the entire length of the plat adjacent to
Yankee Doodle Road (County Road 28) and Lexington Avenue (County Road 43) be dedicated
on the final plat, except in the area of the street access for Challenger Drive, if the connection is
approved
Tree. Preservation - The Tree Preservation Plan is acceptable. To simplify review of tree
preservation issues the site will be viewed in its entirety, Eagandale Corporate Center 1'` and 20d
Additions (200 acres). The site contained 1,142 significant trees and the total estimated to be
removed during Phase I & II site preparation and development is 580 which is a removal
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 6
percentage of 50.3%. The allowable removal for this type of development is 47.5% (548 trees);
therefore, the mitigation for the removal in excess of allowable limits calculates to approximately
64 category B trees.
The tree mitigation will be accomplished via the proposed perimeter planting (as discussed earlier
in this report) that will incorporate transplanting from within the site and purchased trees and
shrubs.
Parks and Recreation - The APRNRC is recommending a cash park and trail dedication.
Variances
Setback - The typical setback from property lines adjacent to county roads is 50% however, the
City Code requires a landscaped yard with a minimum depth of 100' whenever an I-1 or BP
District abuts or is across the street from a "R", "A", or "P" District. The original Eagandale
Corporate Center preliminary subdivision was approved with a 50' setback variance in 1995;
however, the preliminary subdivision approval for the southern 80 acres expired in 1996.
The applicant believes the 100' buffer setback requirement is excessive because the streets
separating the two land uses are improved county roads with rights-of-way of at least 100'.
Additionally, the applicant is proposing an aggressive planting plan for the perimeter of the site.
Therefore, the applicant is requesting a variance to allow a minimum building setback of 50' from
county roads and a minimum parking and drive aisle setback of 30' from county roads.
Staff notes that buffering outdoor storage and loading operations from non -compatible land uses
is the primary goal of the buffering requirement. The proposed perimeter landscaping combined
with individual lot landscaping should provide an attractive and functional screen from the county
roads.
Cul-de-sac - The Challenger Circle cul-de-sac is proposed to be approximately 1000 feet long.
The applicant believes that this variance request is one of necessity because there is no other
reasonable way to access the lots proposed in the southeastern portion of the subdivision due to
access restrictions imposed by Dakota County and the fact that access serving Stock Lumber at
the east edge of the site is not a public access.
SUMMARY/CONCLUSION
There is no specific development proposal associated with this subdivision request; however,
future development within this subdivision can be compatible with existing and future
development in the surrounding area if industrial truck traffic generated by this property is routed
away from the Yankee Doodle corridor and outdoor storage is prohibited or restricted so as not
to be visible from either county road.
� 4`1
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Pace 7
The buffering setback variance request is important from an impact standpoint of outdoor storage
and loading operations as they relate to the county roads and non -compatible land uses. The
proposed perimeter landscaping combined with individual lot landscaping will not provide spatial
buffering but should provide an attractive and functional screen.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Preliminary Subdivision consisting of twelve lots on
approximately 112 acres and a Variance to allow a cul-de-sac in excess of 500 feet located east of
Lexington Avenue and north of Yankee Doodle Road.
and
To recommend approval or denial of setback Variances to allow building setbacks of 50 feet and
parking/drive aisle setbacks of 30 feet from county roads.
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 3, 1993:
Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, El, F1, GI, H1.
2. The property shall be platted.
3. Storm drainage runoff from Pond EP -2.3 in the southeast corner of the site shall be restricted
to 5 cubic feet per second(cfs).
4. The developer shall be responsible for the removal of all wells and septic systems in
accordance with County and City standards.
5. The developer shall be responsible for installing and maintaining erosion control measures in
accordance with the City Erosion/Sediment Control standards
6. If any portion of this development incorporates land uses that do not restrict business
operations that attract, promote or generate primarily industrial heavy truck traffic, the access
for Challenger Drive to Yankee Doodle Road should be eliminated
7. Tree preservation mitigation shall be met through the implementation of perimeter plantings
(staff will work with the applicant to determine final tree mitigation amounts) along Yankee
Doodle Road and around pond areas in accordance with the proposed phasing as described
below:
Phase I: Tree spading transplanting of material from within proposed
leo
Planning Report - Eagandale Corporate Center No. 2
Apri122, 1997
Page 8
grading areas of the site to areas outside of future grade limits (ApriVMay 1997)
Phase II: Additional tree spade transplanting of material from within
the site plus purchased landscape material installation (October 1997)
Phase III: The installation of purchased trees and shrubs (April/May 1998)
8. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at
the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant
trees/woodlands to be preserved.
9. The applicant shall contact the City Forestry Division at least five days prior to the issuance of
the grading permit to ensure compliance with the approved Tree Preservation Plan.
10. Pond EP -2.6 (constructed detention basin) and Pond EP -2.5 (existing wetland) must provide a
minimum of 2 AF of additional wet volume in total to achieve acceptable treatment of storm
water. The minimum mean depth of Pond EP -2.6 must be 3 feet. The increase in wet volume
in the existing wetland must be accomplished by excavation in the northern two-thirds of the
wetland.
11. Pond EP -2.7 (constructed detention basin) and Pond EP -2.4 (existing wetland) must provide a
minimum of 3 AF of additional wet volume in total to achieve acceptable treatment of storm
water. The minimum mean depth of Pond EP -2.7 must be 3 feet. The increase in wet volume
in the existing wetland must be accomplished by excavation in the southeastern two-thirds of
the wetland.
12. Skimmers should be placed on the outlets of Ponds EP -2.6 and EP -2.7.
13. The developer is required to notify and secure approval from the Corps of Engineers
regarding the Nationwide 26 wetland permit, since the original application for the site did not
include proposals for wetland excavation.
14. No grading should be allowed within 30 feet of the delineated edge of the wetland associated
with Pond DP -11, except for 450 lineal feet along the south end of the basin to allow for road
and detention basin/replacement wetland construction. A 30 -foot wide undisturbed buffer
shall also be preserved around the wetlands associated with Ponds EP -2.4 and EP -2.5.
buffers shall be marked on all grading plans.
15. Construction of Ponds DP -11.3 and DP -11.2 should be constructed to satisfy requirements
for wetland mitigation as per the approved wetland replacement plan for this site.
J� I
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligation
s
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Im rovements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25. 1987
LTS#5
STANDARD.CON
City Council
September 15. 1987
Revised: July 10. 1990
Revised: February 2, 1993
FINANCIAL OBLIGATION — Eagandale Corporate Center No. 2
There are pay-off balances of special assessments totaling $297,265 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are pending assessments on the parcels proposed for platting in the amount of
$1,810,232. These are related to Projects 694 and 688.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement
Use
Rate
Quantity
Amount
Lateral Benefit Water
C/I
$26.25/ff
2,419 ff
$ 63,498
Lateral Benefit Sanitary Sewer
C/I
$20.60/ff
2,569 ff
52,921
Storm Sewer Trunk
C/I
.121/sq ft
1,156,917 sq ft
139,98
Total
JZ56.405
•:st: 111010 a 111 x:10
aanaam a.oroorate L -f -anter mr
Imowms1r.
aSQ NO- 77 -PP
E
I�
city of Eagcm
Eagandale Corporate Center No. 2
Case No. 11 -PP -9-3-97
Zoning Map
P
N
am 0 900 1000 FM
Current Zoning
1-1 Limited Industrial
City of Eagan Community Development Dapartmont
0
y
0
140010
- - C%1
b s
ci =
.r
at
21,
ago got;
tette!! � p
ct�t1sl=fil}El_=,�'i` )sssss!
OHM
IY
1=�.11
1 egg C!dggcggc!escr 1
S.112 11fil'A15.1 me, waffigHt,
Am wassur,
W $
Z' syp333p333333l3l�
ff i=ii ii
/W
V
LLI
M ISI `J i.. ; �•-`� �I
o �;�., •
CL
cr
'yam+LU
I '1 i� �� i� • ,� 7
J
Jiro
�4
Lu
CL
1
x .L
amni
ss�f 1 P i� 111•m 1 (s.w. rim �
r7
4
_
#Fi
a
n
N 1 L -ON Ulm* N0I801
113 NIGVUDi1VOOdOOD ABVNIWI13ad lIV83A037VONVOVi
UINOO
SKIN
r6 �yr P d dei! Iuhu
fit
1,sg;I rig J
W fill. gs ��� � � �'sesgiee o t 11
cr
d w r • r r cr w s
f1,0019
m
i
it
h
--1 r
I
m
N
O
o
cn 3
Z
aS
J O
CCc
CD ID
m
OW
mm
Z
a�
V
a
W
i—
O
a
im
O
o t�
�w
O J
�a
0
�Na
Lu
q
m
i
it
h
--1 r
TO:
FROM:
DATE:
MEMO
ENGINEERING DIVISION
city of eagan
MAYOR & CITY COUNCIL
C/O THOMAS L HEDGES, CITY ADMINISTRATOR
TOM COLBERT, DIRECTOR OF PUBLIC WORKS
MAY 15, 1997
SUBJECT: EAGANDALE CORPORATE CENTER 2ND ADDITION
PRELIMINARY SUBDIVISION CONDITION FOR APPROVAL
ISSUE
The City Council has stated its intent to try and preserve and enhance the Yankee
Doodle Road corridor as a part of the City's central area development scheme. Part of
this goal is to reduce and/or minimize the heavy industrial truck traffic along this corridor
by redirecting it and confining it to the northern and northwestern boundaries of the
City.
The present zoning and land use of the proposed Eagandale Corporate Center 2nd
Addition is 1-1 Limited Industrial. This land use and zoning classification allows
development that is conducive to promoting and/or generating primarily heavy industrial
truck traffic. The proximity of this development with its proposed street connection to
Yankee Doodle Road is not conducive to the preservation of the Yankee Doodle Road
central area corridor.
STAFF REPORT COMMENTS
In the Planning report, staff identified that the proposed Challenger Drive access to
Yankee Doodle Road should be eliminated. This would direct all internal development
traffic towards the Eagandale Center Industrial Park and the Lexington Avenue/Lone
Oak Road interchange with 135E,TH 55 and TH 149. The Yankee Doodle Road central
area corridor is very sensitive to the impacts and congestion that increased truck traffic
would create. The City has placed a high priority in preserving this corridor.
CONCERNS
The Advisory Planning Commission will be considering an application to rezone a
portion of this property from 1-1 to Business Park (BP). However, the preliminary plat as
being presented is based on the current zoning which is 1-1.
The developer has stated his opposition to the proposed condition to eliminate the
Challenger Drive access to Yankee Doodle Road. He feels the connection is necessary
to avoid traffic congestion by providing multiple access points. Staff is concerned that
this access point might transfer any traffic congestion onto the public thoroughfare of
the central avenue corridor.
Commission members expressed concern over the length of the Challenger Drive cul-
de-sac if the Yankee Doodle Road connection is not allowed. While the length would
exceed the City's 500' standard, it is a variance that could be justified based on the
preservation benefits it will provide for the Yankee Doodle central area corridor. In
addition, it wouldn't be that much longer than the Aldrin Circle cul-de-sac proposed with
the original preliminary plat layout approved by Council action on May 15, 1995, (layout
sketch is attached).
The trucking study prepared by the Advisory Planning and Economic Development
Commissions dated April 29, 1997, has identified this development as an area where
trucking uses are marginal or undesirable for the reasons identified by Exhibit page G-3
and map #3 (attached).
ALTERNATIVES
If the Council is still interested in preserving the Yankee Doodle central avenue corridor
through land use and subdivision controls, the following options are available:
• Continue consideration of the preliminary plat until the rezoning application
has been processed.
• Reinstate staff Condition No. 6: "if any portion of this development
incorporates land uses that do not restrict business operations that attract,
promote or generate primarily heavy industrial truck traffic, the access for
Challenger Drive to Yankee Doodle Road should be eliminated and a
variance granted for the length of the resulting cul-de-sac.
Respectfully submitted,
�a- TeM- Col6=�-f
rector of Public Works
Attachment: Layout Sketch
Exhibit page G-3
Map #3
cc: Mike Ridley, Senior Planner
John Gorder, Development/Design Engineer
Lisa Freese, Senior Planner
iCN A. �r5
�R11 �• QHS
,L PV
3A
........................
it l
W i
W
d
IXl_JI i f� ''� t�vow W
1 i I
+ p i
W
1 �n
% o
°O + li + °
;i
i
+
k I l p Coo
+
11 T o o I
I l °o
Air
.8i 10
-----------------------
COOL
00 }
`�' ! •� O { it I
+
1
10
__ ji°� ��Y li b4,:
E
` Pt o 0
...............`.,..r. -
ot
O O O O fry\
F
+ i` °
11 ..
00
Z =a
ai
Wd
WW
O
m
a
00
1+1
J
U
CL V)
w
az
W J
N
W
d'
F-
11 T o o I
I l °o
Air
.8i 10
-----------------------
COOL
00 }
`�' ! •� O { it I
+
1
10
__ ji°� ��Y li b4,:
E
` Pt o 0
...............`.,..r. -
ot
O O O O fry\
F
+ i` °
11 ..
FLA
Ir/------------------------------------------
79. W g
F-
( zLL � W
V J 2
o
-- - -- z
uj
NQ
is I LU
G�2 2
F ----- aU'w0 W
u�z6 a
I
I
I
— — — — L — —
--------------
CP
uj:
- od �• ��� 1 �.� - �ti JI. I
�•'� �!f �`'\ ` in , 1
j '� , I R \ �P b po6 ♦ � I
s
I S„ g w r te• ? � I
r � o
I '
I Y I
l
J !� .�L•
I
-- - - -- - P ` I
• S
n Y f
n
m ,r 1
3nN3nrN01VNt%3'
i�
DETAILED MAP #3 - CENTRAL AREA VICINTrY
OBSERVATIONS
• Visibility from major road corridors. Property on west side of Lexington visible from
I-35 E; property on east side of Lexington visible from Yankee Doodle Road (major
entry into Central Area)
Proximity to Central Area - commercial and residential mix; image; aesthetics.
Proximity to residential on south side of Yankee Doodle.
* New development to north tending to be more commercial (e.g. Homestead Village
hotel, post office retail facility).
* Transportation patterns; potential conflicts with residential and commercial traffic
around Promenade.
# Properties within airport noise impact zone.
* Natural features (trees, wetlands) make property more difficult to develop with large
footprint buildings and large parking lots.
IDEAS & SUGGESTIO.NS
• Limit or prohibit "trucking" uses
• Allow or encourage a mix of light industrial (smaller scale) and commercial uses
* Develop additional screening/buffering standards to: improve aesthetics; buffer views
from freeway; carry through landscape "theme" established @ Promenade; enhance
Yankee Doodle streetscape
G-3
ROL- L J
ii
Irl
ri
1
Y ('311r NOlONIX9
•
M
O
N
j fr'R 1
Oh
lI WON MOM ALNOOO 1'3" NOL
1141%49 � o
I r�
'
ago as
M A
c
o
•i t m m -_°c o
V
MN
Agenda Information Memo
May 19, 1997
E. SHELL PERMIT REQUEST FOR TESSERACT SCHOOL ADDITION
ACTION TO BE CONSIDERED:
To approve/deny a shell permit for Tesseract School addition prior to final subdivision
approval subject to the signature of the development contract and approval of all financial
guarantees.
FACTS:
• A footings/foundation permit and preliminary subdivision approvals were given by
the City Council at the May 6 City Council meeting.
• Tesseract School needs to complete the addition for their new junior high prior to the
next school year that begins September 1997.
The City Attorney's office has reviewed the request and confirmed that the City
Council has the discretion to consider issuance of a shell permit once the development
contract is signed and all financial guarantees are approved.
BACKGROUND ATTACHMENTS: (2)
• Memo from Chief Building Official Reid on page Iff .
* Correspondence Gerald A. Haugen, Schools That Work on page �.
/f7
Community Development Department
Building Inspections Division
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
(612)681-4675 Fax: 681-4694
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DOUG REID, CHIEF BULDING OFFICIAL
DATE: MAY 14,1997
RE: TESSERACT SCHOOL BUILDING ADDITION
LOT 1, BLOCK 1, MICHAEL SILL
Tom, as you know, Tesseract School representatives have submitted applications for a
Preliminary Plat and Planned Development to construct an addition to their school to meet space
needs of their students.
On May 6, 1997, the City Council approved a footing and foundation permit. A follow-up
meeting with Tesseract representatives, their contractor, and City of Eagan and staff was held on
May 12 to discuss issues that need to be addressed to keep their project on schedule for a fall
opening.
Attached is a letter from Gerald A. Haugen of Schools That Work requesting City Council
approval on May 19 to allow Tesseract School a shell permit to install block walls up to the
bearing height. I sought the opinion of our City Attorney on this issue and he confirmed that the
City Council could authorize a shell permit once the development contract is signed and all
financial guarantees are approved. Sufficient building plans were submitted to the Inspections
Division on May 13 and we will make every attempt to issue a shell permit if approved by the
City Council.
1
Chief B ding Official
Js
cc: Shannon Tyree, Planner
Schools
That
Work®
May 12, 1997
The Honorable Tom Egan and Council
3830 Pilot Knob Road
Eagan, MN 55122-1897
cc: Tom Hedges, City Administrator
Gentlemen:
We specifically request that you issue a Shell Permit to Education Alternatives,
Inc. on May 19, 1997 to allow for the installation of the block walls up to the
bearing height. This is required for the project known as the addition to the
Tesseract School located on Silver Bell Road, Eagan, MN 55122.
Thank you for your cooperation.
Very truly yours,
Gerald A. Haugen
Education Alternatives, Inc.
1300 Nor\vest Financial Center
7900 Xerxes Avenue South
Minneapolis, MN' 55431
612 532-0092
Fax 532-0319
(il