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08/05/1997 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING AUGUST 5, 1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) TV. DEPARTMENT HEAD BUSINESS (BLUE) A.. ACCEPTANCE of apprentice firefighters as regular active members of the Eagan Fire P Department V. CONSENT AGENDA (PINK) y A. PERSONNEL ITEMS B. CONSTRUCTION/DEMOLITION DEBRIS LICENSES, Coolidge Trucking Systems, 829 West Central Avenue. St. Paul and Alpha Construction Services, 6580135th Street West, Apple Valley g C. APPROVE resolution calling for public hearing - variable rate demand revenue notes - Allina Health System '013 D. CONTRACT 96-03, authorize final payment (Well #19 - Pumping Facilities) / E. FINAL SUBDIVISION - Springbrook Corporation for Murphy Farm F/ e F. EXTENSION for recording the Final Subdivision (Safari at Eagan 3rd Addition) Fortune Realty /z 19' EXTENSION of Preliminary Subdivision - Oak Pointe of Eagan - OCP Homes, Inc. I�p D H. APPROVE hiring of ACC Architects - Eagan Civic Arena FJO 1D.2 I.RESOLUTION to accept Mighty Ducks Grant - authorize staff to submit contract documents Sy ai y J. ACCEPT tractor donation from Friends of The Farm, Holz Farm /Qa 9 K. REVISION - conditions of approval - Citi -Cargo CUP /rj 3 r L. APPOINTMENT, hearing officer, dangerous dog designation, animal residing at 4358 Dunrovin 3� M. Lane AUTHORIZE reconveyance of excess MnDOT right-of-way, 35E and Deerwood Drive y / N. PROJECT 723, receive feasibility report/authorize public hearing (Southern Lakes - Trunk Utilities) O. CONTRACT 97-16, receive plans/authorize ad for bids (Slater Rd. - Sidewalk) 0 �fZ / P. VACATE drainage & utility easement, receive petition/set public hearing (Lots 3 & 4, Block 1, Verdant Acres) b ;/3 Q. CONFIRMATION of Findings of Fact, Conclusions & Resolution of Denial, Studio Plus Hotel/Opus y� Northwest R. CONFIRMATION of Findings of Fact, Conclusions & Resolution of Denial, for a 38 -unit motel/Rahn Ridge Third Addition J3 �d S. EXTENSION Cedar Cliff Planned Development condition of approval T. APPROVE consultant services - Captain Dodd Park S3 U. VILLAUME INDUSTRIES connection charge agreement V. RESOLUTION supporting a Variance from MnDOT Spacing Standards for logo signage on 35- E South at Lone Oak Road W. PROJECT 702 & 703, reschedule final assessment public hearing to September 2, 1997 6s X. CONTRACT 97-06, approve Change Order #1 (Donald Ave. - Street Rehabilitation) v 6 6 Y. RECOMMENDATION, Economic Development Commission, Amendment of Revolving Loan Fund Guidelines, Application Deadlines Z. RESOLUTIONS, authorizing application for the Livable Communities Demonstration Program, �- Cedarvale Area Revitalization Program and Eagan Central Area Accessibility Improvements VI. 7.00 - PUBLIC HEARINGS (SALMON) P9 A. PROJECT 682, final assessment hearing (Deerwood Drive Utilities - Franz Parcel) 99 B. PROJECT 71Z final assessment hearing (Surrey Hts. - Streetlights) / C. VACATE drainage & utility easement (Lot 1, Block 1, Galaxie Cliff Plaza 2nd Add.) VII. NEW BUSINESS (TAN) g s A. AUTHORIZATION, Feasibility Study, eligibility for Tax Increment Financing Redevelopment q District, Cedarvale Area B. PLANNED DEVELOPMENT AMENDMENT - Nue and Torgerson 11, L.L.P., to allow a 100 unit Hilton Garden Inn Hotel at 1975 Rahnchff Court on Lot 1, Block 1, Rahnchff 3rd Addition, located east of Rahncliff Road in the NW 1/i of Section 32 C. PLANNED DEVELOPMENT AMENDMENT - Norwest Bank Minnesota, to allow an additional ATM at the existing ATM/drive-up for Lot 1, Block 1, Norwest 1st Addition, located in the NE intersection of Pilot Knob Road and Yankee Doodle Road in the SW ii of Section 10 a D. PLANNED DEVELOPMENT AMENDMENT - United Properties, to allow a pharmacy drive-thru facility for Snyder Drug located at 1565 Cliff Road on Lot 1, Block 1, Thomas Lake Center in the n SW V! of Section 28 iJJ• !,3 Y E. AUTHORIZATION, City Code Amendment - dangerous dog administrative hearing Y . 13 5F. CHAPTER TWO City Code Amendment - Issuance of Citations VIII. LEGISLATIVE. RMRGOVERNMENTAL AFFAIRS UPDATE (GREY) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. 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, meed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 7/31/97 230 p.m MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 15, 1997 A regular meeting of the Eagan Q-R'y iouncil was held on Tuesday, July 15,1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mik6r Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Admfi*trgqT-J qxLHgdgeslann .*nior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Atto Y .. AGENDA City Administrator Hedges noted that an item providing authorization of a firm to complete a master plan for future development of the Municipal Center Campus site would be added to the consent agenda for City Council approval. Councilmember Blomquist move4'Councilmember Wachter seconded a motion to approve the agenda. Aye: 3 Nay: 0 (Councilmem ..:Awada ci l Masin arrived after the adoption of the agenda) REGULAR MING Councilmember Blomquist moveia,,:Izis iii ae.A...Ada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MIT'RMES Of Y1, 19V5PECIAL.MEETING Councilmember Blomquist moved, Councilmember , W.44iter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ME-4TIES OF 1 E 24,!:W SPECIAL INSEE ING 'CoxticiembeF. Wachter seconded a motion to approve the Councilmember Blomquist moved, minutes as presented. Aye: 5 Nay: 0 EPARTMEi�TT HES BUSINESS Councilmember Masin asked if a major water facility is planned for the community. Director of Parks and Recreation Vraa indicated that completion of the master plan for the Municipal Center site will study that possibility for this site. ........ Councilmember Masin asked wh";�O' tions are hosting golf tournaments at golf . -many:- -Apft organizations courses in other communities. Director di5rks and"P­4creation Vraa explained that two of the three golf courses in Eagan are not regulation courses.; Discusopp occurred regarding the need for additional golf facilities in the City. Councilmember Masin moved t6direct th6*AffV166kYP&ks Commission to determine if the City needs additional golf facilities and whether there are available resources to accommodate such facilities. The motion died for lack of a second. Discussion continued regarding the need for additional golf facilities. In regard to Item A, Personnel Ij M- Ntouncilme . i3i Hmomquist stated she was opposed to Item 3, adding that she felt the Community Devi&5p* m*-ent Departme44s currently overstaffed and does hot need to hire an intern. City Administrator HedM explained that interns have been used effectively by the City. He also explained that the Community Devftment De artmenfUs had a reduction of two staff members and the intern would be able to fill in during &M-eni activity and perform the routine activities. Councilmember Wachter stated that the p- bm bri-coi and re-evaluated at the end of the year. EAGAN CrN COUNCIL MEETING MR IUM; JULY 15,1997 PAGE 2 In regard to Item A, Personnel Items. Councilmember Masin commented on the retirement of Larry Billmeyer from the Police Department and -Liz Witt from the Finance Department. She stated that both individuals will be missed and she recogio2*d them for their contributions. Mayor Egan also commended both individuals. Councilmember WachiWn"*oted that Liz Witt has done a lot of work with regard to the Historical Committee. In regard to Item C, Resolution for.the Cominrehensive Guide Plan Grant Application, Councilmember Awada asked if approvir.6he resolution authorizing submittal of the grant application would require the City to adhere to stipu]ations set forth by the Metropolitan Council. City Administrator Hedges explained that he would research the matter. Councilmembers agreed to approve the resolution with the understanding that if the City receives the grant, and the Metropolitan Council has stipulations attached, the Council can choose to reject the funding. A. Personnel Items Item 1. It was recommended to approve : retireneit of Deflective Larry Billmeyer from the Eagan Police Department. Item 2. It was recommended to approve trative Assistant/ Deputy Clerk Liz Witt from the City of Eagan Finance Department. Item 3. It was recommended to approve the hiring of Tamara Pregl as a temporary intern in the Planning Division. (Councilmember Blomquist opposed) Item 4. It was recommended to approve the hn Instructor. Item 5. It was recommended to approve seasonal skating pros. Item 6. It was recommended to approve the hiring or Ryan as a part-time seasonal Skating Sorenson and Amanda Helebrant as part-time as a part-time seasonal skate guard. Item 7. It was recommended to approve the hiring of Bryant Parks, Wayne Peterson and Stephanie Welberg as part-time seasonal referees. Item 8. It was recommended to approve Holl .:Flo'd as a seasonal Park Attendant. PP th, :pf . . Item 9. It was recommended to approve 13 hiring pf 3£i berly Dyer as a seasonal Park Maintenance Worker. B. Final Plat - Maplewood Acres Inc. for:L Q- • enter No. 3. It was recommended to approve a Final Plat consisting of two lots*viE-apprbitii""*j. i;18:$cres in the northeast comer of Eagandale Corporate Center 1<< Addition located in the southeast quarter of Section 11. C. Resolution for the Coml2rehensive Guide Plan Grant Application. It was recommended to approve a Resolution authorizing submittal of a grant application for Comprehensive Plan update assistance from the Metropolitan Council. ('The resolution was apptg�eif :11? ;the understanding that if the City receives the grant and the Metropolitan Council has s#piaons attad:the Council can choose to reject the funding.) D. Request from the HRA to waive fees on the Eagan Senior iiusing development. It was recommended to waive City development fees associated th the first 65 -unit, ding of the senior housing project in Town Centre. EAGAN CITY COUNCIL MEETING MINUTES; JULY 15,1997 PAGE E. Cooperative Agreement with Dakota County HRA for Eagan Senior Housing vroiect It was recommended to authorize the execution pf.a cooperative agreement with the Dakota County Housing and Redevelopment Authority for the purpose: EAGAN CITY COUNCIL MEETING MINUTES; JULY 15,1997 PAGE 4 Q. Final Subdivision Herb Wensmann for Galaxie Cliff Plaza 3rd Addition. It was recommended to approve a Final Subdivision, Galaxie Cliff Plaza Thi;.d Addition, to create three lots on property currently platted as Lot 1, Block 1 and.Outlot A, Galaxie Cliff kaza Second Addition. R. Authorize the firm of Ingjaham & V tu' lan for future develo went of the MuniciRal Center Campus site. It was recti a t#:tgA tljc0r � the firm of Ingraham &Voss to complete a master plan for future development of the. -Municipal Center Campus site. Councilmember Awada moved, d6tincilmember Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 fUBLiCHE.ARINGS VACATE UTILITY EASEMENT, LOT -S.-4 AND:5j:.BLOCK 3, EAGANDALE CORPORATE CENTER City Administrator Hedges prow lied anove..ew on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no aiie, he turned the discussion back to the Council. Councilmember Awada. moved, Coa motion to close the public hearing and approve the vacation of the common lot line drainage and utility easement as described for Lots 4 & 5, Block 3, Eagandale Corporate Center and authorize the Maypr and City Clerk to execute all related documents. Aye: 5 Nay: 0 DAKOTA COUNTY HOUSING AND RED LOPMENT AUTHORITY - HOUSING REVENUE BONDS. (E ;i+ 1 ENIOR HOUSING PROJECT) City Administrator Hedges proviieS'iiti'overvietiiipn this item. Representatives of the Dakota County HRA and Springsted, Inc. were avaijaM fpxquest Ens. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one;�iL-": ii`iieCF:.thie:i*cussion back to the Council. Councilmember Masin moved, Councilmember WacK seconded a motion to approve the resolution approving the issuance by the Dakota County Housing and Redevelopment Authority of its Governmental Housing Development bonds (City of Eagan, Minnesota, General Obligation) Series 1997 in an aggregate principal amount not to exceed $2,500,000 and pledging the full faith and credit of the City of Eagan thereto. Aye: 5 Nay: 0 PIS. $ . APPOINTMENT TO THE AIRPOkT RELATIONS COMMISSION City Administrator Hedges pro item item and explained the balloting procedure used by the Council. ..... . By ballot, Jason Fabio was appointed to fill the remaining term of the Airport Relations Commission alternate position. AM,..... &S PRELIMINARY SISION - TIUL-'A' 1D (FOREST VIEW) City Administrator Hedges proviged an overview on Q'4 item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; JULY 15,1997 PAGE 5 Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Preliminary Subdivision for Forest View Addition of 5 lots on 2.65 acres located south of the intersection of Blackhawk and Blue Cross Road and no4W. Red Fox Road in the NE Y4 of Section 17 subject to the following conditions: Standard Conditions 1. The developer shall comwiwith these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, C1, C2, C3, D1, El, F1, G1, and H1 Tree Preservation 2. To require that Tree Proto"�#*v'e meas°ikT�s (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Lineor:at the pw=eter of the Critical Root Zone, whichever is greater, of significant trees/woo"ds to ieserved. 3. To require that the apph try Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 4. To acknowledge that Individual Tree Preservation Plans Will be required for Loti 2, 3, and 4 at the time of building permit application....--, Street / Access 5. Revisions to the existing ripa accommodate the Silver Fox Easements BIackhawk Road will be necessary to ,shall be the responsibility of the developer. 6. The developer should dedicate sufficient drainage and utility easement over the proposed sanitary and storm sewer lines between Lot 3 & 4, Block 1. Park Dedication . .......... ... ............. 7. This developer shall be Sr�* to a* lip""a'rk and a cash trail dedication. 8. The property shall be p14*4 prior tmti�velopment. Aye: 5 Nay: 0 ... COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELLIMINARY SUBDIVISION & PLANNED DEVELOPMENT AMENDMENT (KAHN RIDGE THIRD ADDITION) City Administrator Hedges providedAab "' WM�W-oxi this item. Senior Planner Ridley gave a staff report Randy Hedlund provided backgromAg. brytwjjiissite. David Herninger with Winkelman Building Corporation stated that they des"',A"the motel to' plement the surrounding residential area. He added that the motel will serve as a bi&r*' between the reiWntial and commercial areas. He indicated that the motel for this site would be a fta!bEhLse motel. Councilmember Wachter asked Jon. Mr. Heminger stated that the motel will be owner/operated and staffed at all" Masin said that she felt it would be EAGAN CTTY COUNCIL MEETING MINUTES; JULY 15, 1997 PAGE 6 inappropriate to change the land use designation for this site. Councilmember Blomquist stated that the motel is a higher use than the City Council;.projected for this site. She said she would like to see the site remain zoned Limited Business. Mayor lgaa added that the land was zoned Limited Business to create a buffer between the commercial and residential areas. He further added that commercial development has occurred to a greater extent than the reside'i'ft hi*,$ e. t*W4*hipated. He said that office use is a more appropriate for this site. Councilmember Masin moved, Blomquist seconded a motion to deny a Comprehensive Guide Plan Amendment'clianging the land use designation from LB (Limited Business) to CPD (Commercial Planned Development) for Lot 2, Block 1, Rahn Ridge Second Addition a Preliminary Subdivision (Rahn Ridge Third Addition) consisting of two lots on 2.42 acres currently platted as Lot 2, Block 1, Rahn Ridge Second Addition and a Planned Development Amendment to allow construction of a two- story, 38 -unit motel on proposed Lot 2, MR& 1, Rahn Ridge Third Addition and authorize the preparation of Findings of Fact. Aye: 5 Nay: 0 PRELIMINARY SUBDIVIMN & Pt -�' NED DEVELOPMENT AMENDMENT QPUS. NORTHWEST City Administrator Hedges provide'daii'dii�view'dii'$'us item. Senior Planner Ridley gave a staff report. Michelle Foster, representing Opus, stated that the proposed hotel is consistent with the plan for this part of the site. She said the site was originally approved as part of the preliminary development plan for 60,000 feet of retail. She further said that during the final stages of their approvals there was discussion with the City Council and the Council felt a hotel should be included As a possible use for this site. She said the development plan as it was approved does not specify that-pikAut was only added as a possible permitted use. She commented that the Studio Plus Hotel is cis?si`ih the project and preliminary plan as it was approved. David Schmidt, representing StudiaTIi3s1ioteb, stated that their hotel tries to attract business travelers. He noted that extended stay hotels prbviiie:ii#ti� *.ponomical lodging for business travelers. He provided a profile of the travelers they typically attract' Ht:ii''ti�tioned that they do not have a front desk, but he added that they have a front lobby and office and management representatives are on the premises 24 -hours per day, seven days a week. He said that the lobby hours are limited, but he noted that there is a security locking system on the lobby doors. Bob Kornyetta, Engineer for Studio Plus Hotels, commented that staff has given a thorough review of the site plan. He said they look forward.t6'tlie: tevelopniit�tt-of the hotel in Eagan. Councilmember Blomquist said owas co ed with the elimination of condition #10 by the APC which required 24-hour front desk staffip$ Senior Planner Ridley stated that the concern of the Police Department was that if no one is availabl0 ;to staff th0ront desk there will not be any monitoring of who is entering or leaving the building, Mr. Schmidt stated that they employ professional hotel managers and operate their hotels under the state's inn -keeping laws and ask any unruly guests to leave the premises. He added that their guest profile and price point is such that they feel this helps to minimize any potential problems. Mayor Egan explained that the Ci Com iCceid information gathered by the Eagan Police Department regarding other cities' eeicteiid is stay hotels. He said the police departments in the other communities have indicated they no permit, arit#;ould strongly discourage, any hotel operating without a 24-hour a day front desk operation because.of the criminal activity that could occur on site. EAGAN CITY COUNCIL MEETING MRgUTEs; JULY 15,1997 PAGE 7 Mr. Schmidt indicated that they try to limit access to their site by constructing only one driveway into their property and he added that sinr,-@#ey are not a full service hotel their guests do not mix with patrons of a restaurant or lounge. Councilmember Awada stated thtrVthg:pxq m:VrAh #�:proposal is that the proposed site is in a full service area in the City and will eventu4-` ipi --' :tW iti zes€:areas in Eagan. Mayor Egan stated that this is the downtown area of Eagan. Mr. Komyetta said that this hotel*WM be a high security building and the doors will remain locked 24 -hours a day. He further said the letter from the police chief stated that 24-hour management had to be on site, and he did not address how the business operation should occur, i.e. front desk. City Administrator Hedges stated that the concern is that criminals will select hotels where there is no front counter supervision. He added that the Police Department has:sxpe .enced positive cooperation from those hotels in the City with 24-hour a day front desk staff who call iffiq: iolice wWreports of criminal activities. Mr. Komyetta stated that in 90%-0...1he places;:he has stayed when has traveled the only time he uses the front door is to check in and the other times he uses a side or back door to enter and leave. He noted that typically the other doors are not locked. j e:.......... �;aesk.staff at most hotels are usually not at the front desk after midnight. He stated that'd tyy are iitariti ti g'their hotel toward white collar guests. He said their hotel will be as secure or more secure than those hotels with a front desk. He stated that they do not want their hotel to get a bad reputation as a result of criminal activity. Councilmember Masin said she is not opposed to the hotel design, but she stated that the Promenade has been really successful and would prefer to see a full sgiryk r Motel on this site. Councilmember Awada stated that the City Council likes to see the developwei t 600.tels in the City, but she said they need to go in appropriate locations. She noted that the .bold- bold-a'P'propriate for this site because the use is not dense enough. She further noted that the City Ctiritrcil wants toa;aeate a downtown center and a lively place in this area and the hotel does not fit in at this locaticiri:::lie also mentioned that when the police chief raises a concern with an issue it needs to be taken serioiis1::::layk;gain agreed that an extended stay hotel in this area is not dense enough. Ms. Foster stated that they felt the proposed mixed use of a hotel and retail was being consistent with, or even an improvement over, the development of another 60,000 feet of retail development. She further stated that the goal of the Council to see a full service hotel on the site will probably not occur. She noted that full service hotels have not been being developed for a number of years and this location is not suitable for one. She said that Opus will mosf1-ike%y have.to:pue the development of additional retail and the limited visibility of this site will create.:" �oj 10id* ftix z .'&velopment. Councilmember Masin stated that there is considerable visibility from �1± and iwi" a e Doodle Road. Ms. Foster indicated that visibility would be available to the west, but she added that tli .*area will likely be screened by development on the adjacent property. She stated that full sdifte hotel-&...velopment has not been occurring in the Twin Cities for a long time and will likely occur only.t;.-tq:iha "'.4- tacW.M. Councilmember Awada said the City Council is not proposing that a 15 -story hotel be built on this site; however, she stated that something may develop in between that and an extended stay hotel that will provide a restaurant and meeting space. She added that retail is a better option for this site and is more dense than the proposed extended stay hotel. Ma. p; E.an stated that the City Council is aware that a full service hotel may not be coming in the near f9,**,:-:..: iii said he does not feel this hotel adequately meets the needs of the City. April Erickson, 3652 Ridgewood, stated that she spec ;�alizes in site selection for the hospitality industry. She said that this is not a pre site for a full serv:Jnotel. She added that a front desk person will not ensure security. EAGAN CITY COUNCIL MEETING MM=; JULY 15, 1997 PAGE Councilmember Awada moved, Councilmember Blomquist seconded a motion to deny a Preliminary Subdivision (Eagan Promen4de:3rd Addition) consisting of two lots on property currently platted as Lot 9, Block 2, Eagan Promenade and Eiji:A,mendment to the Preliminary Planned Development Agreement to allow a hotel and retail devefopment on Lots 1 and 2, BIock 1, Eagan Promenade 3rd Addition and authorize the preparation of Findingtif >ac> : i..... ::NeX,_; 0 GISLATI-'F/ N IERGOVERNME-N-7 AFFAIRS PUBLIC ACCESS Comm TTEE LIAISON MEMBER City Administrator Hedges provided an overview on this item. Mayor Egan moved, Councilmeq!j)!er Wachter seconded a motion to appoint Councilmember Blomquist as Liaison and CouncilmemberjQwada &:an alternate member to the Public Access Committee. Aye: 5 Nay: 0 Mayor Egan commented on the q.pcopimg i6lrement of Vern Petersen from the Association of Metropolitan Municipalities. He and Coifs rCjr iiertt #gi" ?t:Also commented on the inefficiencies of the AMM during the past year. Councilmem. l" er M.asiii':sfai2d*' itaf t ie City Council should evaluate the various organizations and committees they are involved with. She further stated that the Council needs to be supportive and put forth effort in order to receive any benefit. ftNISTRATTVE SPECIAL CITY Councilmember Wachter moved; Council meetings for August 5,19 and 26 PETITION TO VACATE FOR AUGUST lasin seconded a motion to set Special City 5 Nay: 0 EASEMENT Director of Public Works Colbert provided an overview on this item. Councilmember Wachter moved, Mayor Egan seconded a motion to receive the petition to vacate a drainage and utility easement over Lot 1, Block 1, Galaxie Cliff Plaza 2nd Addition, and schedule a public hearing to be held on August 5,1997. Aye;.,1�, 0 tOtJ'i'ABEE Director of Public Works Colberiovided :update on the recent storms stating that the City did not incur any problems. City Administrator Hedges noted that Administrative Secretary Karels graduated from the Management Academy program. He commented on the restructuring of Koch Refinery and said they are reducing their workforce by 25%. He added that their commitment to public safety and public relations will continue. He stated that the City received some calls regarding the mid -aerial height of the Fourth of July fireworks display. He explained that this wo,s #i l:gs::a0.ofperiment for this year. Mayor Egan stated that the Council should consider going back to. "}ra'difiohid €ii' works display next year. Councilmember Blomquist concurred. City Administrator Hedges saidifiit the City reached:asettlement with the Minnesota Moose and it would be necessary for the City Council: .-.'a .pt:t!1W* b2tti t;: EAGAN CTrY COUNCIL MEETING MINUTES; JULY 15, 1997 PAGE 9 Councilmember Awada moved, Councilmember Masin seconded a motion to authorize settlement with the Minnesota Moose/City of Eagan *the amount of $19,000. Aye: 5 Nay: 0 Councilmember Masin said she heaid several positive comments with regard to the site for the Fourth of July events. She stated that she aA6idQ:t'w:501�:c4bmhon honoring Northwest Airlines. She 0 . .... a said it was a super event and she congratuia"3 rt�ti�e'st:b�i:":accomplishment She noted that she is on the League of Minnesota Cities Committee -for Governance and they are trying to develop positive ways of communicating with people in the cortunt". She said they are considering conducting some surveys. She said she attended a school board meeting afSchool District 191 and she was impressed to see that they recognize individuals for significant accomplishments. She further said it would be nice if the City Council did the same thing and she requested staff be given the authority to prepare recognition certificates. Mayor Egan stated he would support that idea as long as the focus of the Council meeting is not disrupted or affected too much. City Administrator Hees suggested that the City Council collectively agree as to who should be recognized and then staff will c6iifact the j6dividuals and invite them to a future City Council meeting and also prepare certificates. Couhcilmembor:Blomquist stated that the City Council could discuss who should be recognized at Council woriAops. Councilmember Blomquist movecL,: C.-- ter seconded a motion directing the preparation of a recognition policy for the pi4bg i'61! `f*660- g-- M" zJ-M':':g- co unity groups and individuals for outstanding community involvement. Aye: 5 Nay: 0 Councilmember Masin stated she would like the City Council to discuss strategic planning and visioning for this year at a future workshop. Discussion continued regarding the need for a strategic planning session. City Administrator Hedges stated planning and evaluation of goals could be done at a workshop in the fall. Councilmember Masin said she Was "66ncerned abut the steep cliffs and retaining walls near the Ketchan-Ls'property on Lexington Avenue e"i.40ie-Oaks of Promenade Apartments. She further said she was concerned about the City allowing grading i6' Eiir:.th#:ra.vlts; in the creation of retaining wall cliffs be which creates a safety hazard. Councilmemrs Wachter` d'*1%P"1.i.6qu. t stated they could discuss the is grading issue at an upcoming Public Works Committee meeting and present some suggestions for avoiding this problem in the future. Councilmember Blomquist stated that trees have been cleared and pushed into the pond. off of Brown Bear Trail. She said that when this occurs the City should try and find out who is responsible and remind them that they need to be good -alsp.ppW*(hat the Super -2 lane improvement proposed -6,t&-is too much money to be spending on for TH 13 is only a two-lane roadway ands&`&:61g' improvements, for only a two-lane road. Wor Egagj� ted that MnDOT is not going to authorize funding for anything other than this Super -2 lane iTprovemerit.and the City should proceed. Councilmember Awada reaffirmed the Council's position i&i their pftr*A"ous workshop discussion and agreed that the project should proceed. L 0,04woft Councilmember Blomquist presented questions on the bill's list to City Administrator Hedges. Councilmember Wachter moved, dated July 10, 1997 in the amount of $1,42 a motion to approve the check register 0 The meeting adjourned at 8:40 p. Session that was held preceding the X-1 regular City Council meeting- Present weie:M4�±:g&iity&id:C.diundlmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges and City Attorney Jim Sheldon. EAGAN Crry COUNCIL MEETING MINUTES; JULY 15,1997 PAGE 10 Date City Clerk MLK If you need these minutes m an alternative nit -such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 6814600, CMD phone: (612) 454-8535). 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, sexual orientation, marital status or status with regard, public assistance. X.: MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 15, 1997 A special meeting of the Eag6p. City.•Council_ was held on Tuesday, July 15, 1997, at 5:00 p.m, in the lunchroom of the Eagan Municipal Center:jrt tiiij ;:;:#?t 8 iai: y re TVlayor Egan, City Councilmembers Blomquist Masin and Wachter. City Councilmember Awad ativei3t appi olifisiafely 6:Do p.m. Also present were Director of Parks & Recreation Vraa, Chief of Police Gea.W and City Administrator Hedges. MUNICIPAL CENiiIi SITE DEVELOPMENT MASTER PLAN City Administrator Hedges stated that a proposal was received and has been evaluated by staff from Ingraham & Voss for developing a Master Plan for the development of the Municipal Center Campus. Director of Parks & Recreation Vraa provided some review of the proposal. City Councilmember WachiteF:raised siMral questions regarding the proposed cost, which were addressed by the Director of Parks & Reore�tion. C) `: Counciimember Blomquist asked questions about the significance of the CAD System, as propotiof by Bat*.::& Associates, and how that differs from the process proposed by Ingraham & Voss. Director of Parks & Recreafron Vraa stated that the CAD System allows for an easier process in making design changes compared;'iattt:rtrjttirrat:s�tt#teFrcilized by Ingraham & Voss. City Councilmember Masin asked about Mr. Ingraham's background. Director of Parks & Recreation Vraa stated that he is familiar with the City of Eagan, having been an employee from 1979 to 1985. Following his employment with the City, he was in various capacities as a Department Head for the City of Bloomington. He is a Landscape Architect and worked as a Planner for Bloomington on the Mall of America Project. After further discussion, City Councilmeei: BbQrtjgiiist recommended that the firm of Ingraham & Voss be selected to perform the Municipal CerAQF.-si28:i;ieviel6,pfient master plan study. Mayor Egan stated that according to the City Administrator's reconmwivttibn;' ibis ite<p can be placed on the Consent Agenda for the regular City Council meeting, which is scheduled tq follow this:iineeting. City Couniclmembers concurred with City Councilmember Blomquist with the selection of 164"'a 10" PROPOSED 1998 GENERAL FU146*60.0 - TING BUDGET City Administrator Hedges reviewed a memo that provides an explanation of the levy limit constraints placed on the proposed Operating Budget. He further reviewed the timeframe which includes preparation of the Operating Budget documents by Department Heads, submittal of the preliminary budget which is due September 15 and the timeframe for the final budget hearings that will be held during December. City Administrator Hedges stated that there are five (5).Tmesdays in September; under State law, the preliminary budget and property tax levy must be submitted to the -.-C tji::prior.tA:fpttfter 15. The City Council will need to make these approvals at their September 2 meeting::or congiddf:.rescue *o"ling of the regular City Council meetings to accommodate the time schedule for levy cer#I tion. C°r y':d uncilmember Blomquist stated that she is not in favor of changing the regular City Council meetin6)ilkes, suggesl:ing that deviation from the first and third Tuesdays can cause confusion for the public. Mayor EgaK*kated that -M would consider changing one City Council meeting, if necessary, to satisfy the levy certification recilxgfpents,.: . After further discussion, the Co'Admihistrafoi':Wii'-directed to check with the State to determine if the City can take the required levy certification and preliminary budget actions a day later than the State's required certification date. EXECUTIVA SESSION Mayor Egan adjourned the sp..1.Work=s�:8**:Jrto executive session to meet with legal counsel ed1d for the purpose of discussing the Country Js.a,'re: City of Eagiii#:tftfgation. Present were all members of the City Council, City Administrator, City Attorney andU f Greene and John ker from the lawfirm of Greene & Espel. Date City Clerk TLH MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 1, 1997 SUBJECT: AGENDA INFORMATION FOR AUGUST 5,1997 CITY COUNCIL MEETING ADOPT AGENDAIAPPROVE MINUTES After approval is given to the August 5, 1997 City Council agenda, the minutes of the July 15, 1997 regular City Council meeting and the minutes of the July 15 Special City Council meeting, the following items are in order for consideration. Agenda Information Memo August 5, 1997 Eagan City Council Meeting PEPARTMENT HEAD BUSINESS A. ACCEPTANCE OF APPRENTICE FIREFIGHTERS AS REGULAR ACTIVE MEMBERS OF THE EAGAN FIRE DEPARTMENT ACTION TO BE CONSIDERED: To accept 11 apprentice firefighters as regular active members of the Eagan Fire Department. FACTS: • Firefighters joining the City's Fire Department serve as apprentice firefighters during an 18 month probationary period in which they receive initial training. Upon satisfactory completion of this training, the department's Executive Board recommends them for full membership in the department. • The apprentice firefighters will be present at Tuesday's meeting to be recognized as a part of the Council meeting. ATTACHMENTS: • Staff memo on page 3 . City of Eagan INTEROFFICE MEMORANDUM DATE: July 15, 1997 T0: Tom Hedges, City Administrator FROM: Craig Jensen, Fire Chief SUBJECT: PERSONNEL ITEMS The Executive Board of the Eagan Fire Department has reviewed the training and performance of the apprentice firefighters listed below. During their 18 -month probationary period, they have satisfactorily completed their course -of study and have performed well in emergency situations. The Executive Board recommends the following firefighters be accepted as regular active members of the Eagan Fire Department at the City Council meeting scheduled for August 5, 1997: Chad Bonin Matt Brown Andrew Fossum Delbert Keene Tom Pelava Keith Young Steve Dykstra Gene Grueschow James Schroer Dennis Mangan Anja Mueller 3 Agenda Information Memo August 5, 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. Resignation/Dispatcher ACTION TO BE CONSIDERED: To accept the resignation of Doris Marona Fuhrman from her position as a police dispatcher. Item 2. City Engineer ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for the position of City Engineer. FACTS: An extensive hiring process was undertaken for the vacant position of City Engineer. Preliminary interviews were conducted by Director of Public Works Colbert, Assistant to the City Administrator Duffy, a Public Works Director from a neighboring community and a member of a consulting engineering firm. The selected finalists all took tests to determine how well they matched the profile of the City Engineer position. The finalists were also interviewed by Superintendent of Utilities Schwanz, Superintendent of Streets Erhart and Design Engineer Gorder. The final interview was before a panel consisting of City Administrator Hedges, Director of Public Works Colbert, Director of Parks & Recreation Vraa and Assistant to the City Administrator Duffy. Final reference checks are being conducted on the person to be recommended for hire. It is anticipated that a name will be finnished to the Council for this position with the Administrative Agenda packet on Monday, August 4, 1997. Item 3. Park Maintenance Worker ACTION TO BE CONSIDERED: To approve the hiring of Kevin Doehling as a park maintenance worker, subject to successful completion of the City's physical examination requirement. Agenda Information Memo August 5, 1997 Eagan City Council Meeting Item 4. Seasonal Part -Time Skating Pro ACTION TO BE CONSIDERED: To approve the hiring of Jeff Hill as a seasonal part-time skating pro. Item 5. Seasonal Park Attendant ACTION TO BE CONSIDERED: To approve the hiring of Kali Martin as a seasonal park attendant. Item 6. Temporary Intern/Community Development ACTION TO BE CONSIDERED: To approve the hiring of Rebecca Robertson as a temporary intern in the Planning Division of the Community Development Department. ATTACHMENT: Attached on page -L is a copy of a memo from City Administrator Hedges regarding the Planning Intern position. So' [ -19, city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 31,1997 SUBJECT: PLANNING INTERN/CDBG GRANT As the Council will remember, there were some questions raised at the last City Council meeting regarding the hiring of a planning intern. It was explained to the Council that the Community Development Department was currently short two full-time planner positions, one of whom had performed code enforcement duties. Rather than hire a regular planner at this time, staff recommended hiring a graduate planning intern with code enforcement experience to help staff during the peak code enforcement period. Obviously, this is a cost savings at this time to the City. Council approved the hiring. In the Consent Agenda for the August 5, 1997 City Council meeting, the hiring of another intern is recommended for the Community Development Department. This intern will be totally funded by a CDBG grant from the HRA for work on the mandated land use inventory and comprehensive guide plan update. The person recommended for the graduate internship already has land use and comprehensive guide experience. Staff believes that this is a more cost effective and efficient use of the grant rather than hiring a consultant to perform their type of work. This is not a substitute for the use of a consultant on other aspects of the comprehensive guide plan update. The intern will work mostly on field verification of the land use inventory, data collection and mapping. If the City does not use the grant funds in 1997, it will lose them. I wanted to provide the Council the above information prior to the Council meeting in order to clarify the reasons for the hiring of the planning interns. If any member of the Council has questions regarding this item, please contact me prior to the Council meeting. City Administrator 05, Agenda Information Memo August 5, 1997 Eagan City Council Meeting B. CONSTRUCTION/DEMOLITION DEBRIS LICENSES COOLIDGE TRUCKING SYSTEMS, 829 WEST CENTRAL AVENUE, ST. PAUL AND ALPHA CONSTRUCTION SERVICES 6580135 STREET WEST, APPLE VALLEY ACTION TO BE CONSIDERED: To approve construction/demolition debris hauler licenses for Coolidge Trucking Systems and Alpha Construction Services as presented. FACTS: • City Code requires that all firms providing construction and demolition debris roll -off services be licensed on at least an annual basis. The firms listed above have submitted applications which are in order for consideration by the Council. ATTACHMENTS: • License applications enclosed without page number. Agenda Information Memo August 5, 1997 Eagan City Council Meeting C. APPROVE RESOLUTION CALLING FOR PUBLIC HEARING - VARIABLE RATE DEMAND NOTES - ALLINA HEALTH SYSTEMS ACTION TO BE CONSIDERED: To approve the resolution calling for a public hearing to consider variable rate demand notes for Allina Health Systems. FACTS: The City has been asked by Allina Health Systems to assist in the financing of their new clinic located in Eagan. The first step is to hold a public hearing which is being requested for September 2, 1997. ATTACHMENTS: • Letter requesting consideration on pages ? through �. • Copy of the resolution on pages // through /a . 5601 Smetana Drive P.O. Box 9310 Minnearolis, MN 55440.9310 612-992-20:: +s July 11, 1997 ALLI NA HEALTH SYSTEM Mr. Gene VanOverbeke Finance Director City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Proposed City of Eagan, Minnesota Variable Rate Demand Revenue Notes (Allina Health System and Allina Medical Group), Series 1997 Dear Mr. VanOverbeke: On behalf of Allina Health System and its wholly controlled nonprofit subsidiary, Allina Medical Group, we hereby notify the City of Eagan (the "City") of our proposed financing of a new medical office facility and related items under the Minnesota Municipal Industrial Development Act, Sections §469.152 to §469.165, Minnesota Statutes (the "Act"). We request that the City issue revenue bonds to undertake and finance the capital improvements in Eagan (the "Project"). As a first step, we request that the City Council call for a public hearing by adopting a resolution at its Tuesday, August 5, 1997 meeting and to give preliminary and final approval to the Project, after published notice and public hearing on Tuesday, September 2, 1997. We will provide a completed application to the Department of Trade and Economic Development and a check in the amount of $500 in payment of the Application fee, prior to the August 5, 1997 meeting. Allina has been actively seeking clinic locations which provide convenient access to health care. Certain new clinics were recently financed through tax exempt bonds. Allina adopted an official declaration of reimbursement in February of 1996 with the intention of financing clinic projects, including the Project, through tax exempt bonds. Construction of the Project commenced in February, 1996 and was placed into service in May, 1997. The Project is located at 110 Yankee Doodle. We agree to pay any and all reasonable costs incurred by the City in connection with the Project whether or not such Project is carried to completion. Should we pay any portion of the costs of the Project in excess of the proceeds of the bonds, we shall not be entitled to any reimbursement therefor from the City. CITY OF EAGAN RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO SECTION 469.154, SUBD. 4 WHEREAS, a proposal has been made to this Council that the City issue revenue bonds to finance capital improvements (the "Project") pursuant to Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"), on behalf of Allina Health System and Allina Medical Group (together, the "Borrower"), each a Minnesota nonprofit corporation, consisting of the issuance of up to $4,750,000 revenue bonds on behalf of the Borrower; and WHEREAS, the Project consists of the acquisition, construction and installation of an approximately 24,000 square foot medical office facility located at 110 Yankee Doodle, Eagan, Minnesota; and WHEREAS, the Act requires this Council to conduct a public hearing on the proposal and to publish notice of said hearing not less than 15 days nor more than 30 days prior to the date fixed for the hearing; and WHEREAS, a draft copy of a proposed application to the Minnesota Department of Trade and Economic Development, together with all attachments and exhibits thereto, will be placed on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan as follows: A public hearing shall be conducted by this Council on the proposal to undertake and finance the Project in connection with its regular meeting on September 2, 1997 at the City Hall, at which hearing all parties who appear shall be given an opportunity to express their views with respect to the Project and to submit written comments. 2. Notice setting forth the time and place of hearing, the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project shall be published at least once, not less than 15 days, nor more than 30 days prior to the date fixed for the hearing, in the official newspaper and a newspaper of general circulation available to residents of the City. The notice shall state that a draft copy of the proposed application to the Minnesota Department of Trade and Economic Development, together with all attachments and exhibits thereto, shall be available for public inspection following the publication of such notice and shall specify the place and times where and when it will be so available. ADOPTED by the City Council of the City of Eagan this 5th day of August, 1997. Motion by: Seconded by: Those in Favor: Those Against: Dated: CITY OF EAGAN CITY COUNCIL By Its Mayor Attest: Its Clerk Mr. Gene VanOverbeke July 11, 1997 Page 2 We understand that the City is reviewing its bond financing needs for calendar year 1997 and the City may issue bonds for its own purposes. We would like to borrow between $4,000,000 and $4,750,000. We agree to work with the City to ensure that the City bonds are eligible for Section §265 bank deductibility under the Internal Revenue Code. We understand that the bonds shall be limited obligations of the City, and that principal and interest on the bonds shall be payable solely out of the revenues derived from amounts payable to the City by Allina Health System and Allina Medical Group pursuant to the provisions of a Loan Agreement. LAK:Ial Please let me know if you need any additional information at this time. /0 By: ALLINA HEALTH SYSTEM on behalf of itself and ALLINA MEDICAL GROUP Larry A. Kryzaniarc Vice President, Trea Consolidations 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 5'b day of August, 1997. E. J. VanOverbeke, City Clerk Agenda Information Memo August 5,1997 ACTION TO BE CONSIDERED: To approve the 70' and final payment of $18,254.40 to SM Hentges & Sons, Inc., for Contract 96-03 (Well No. 19 Pumping Facilities) and authorize acceptance for perpetual maintenance subject to warranty provisions. FACTS: Contract 96-03 provided for the installation of the pumping equipment and facilities for newly constructed Well No. 19. This project has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of formal acceptance of perpetual maintenance subject to warranty provisions. /3 Agenda Information Memo August 5, 1997 Eagan City Council Meeting E. FINAL SUBDIVISION - MURPHY FARM ACTION TO BE CONSIDERED: > To approve or deny a Final Subdivision (Murphy Farm) consisting of 39 lots on approximately 35 acres located at 1655 Murphy Parkway, in the NW '/a of Section 21 subject to the conditions recommended by the APC. FACTS: > The City Council reviewed and approved the preliminary subdivision for Murphy Farm at their regular meeting on May 19, 1997. > Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: > Final plat drawing, page /y Agenda Information Item August 5,1997 Eagan City Council Meeting F. EXTENSION OF RECORDING FINAL SUBDIVISION_- SAFARI AT EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: To approve a request for an extension to filing and recording the approved Final Subdivision for Safari at Eagan P Addition until October 1, 1997. ISSUES: If approved the following dates should replace the current dates: Pond Easement Boundary Signs December 1, 1997 Erosion & Sediment Control -Measures September 1, 1997 Site grading December 1, 1997 All lot corners April 1, 1998 Utilities (sanitary, water, storm sewer) May 15, 1998 --.Parking Lot (Concrete curb & gutter, gravel base) June 15, 1998 Boulevard Restoration June 15, 1998 Street Lights June 15, 1998 Concrete Sidewalk - Thomas Center Drive June 15, 1998 Thomas Center Drive Tum Lane Improvements June 15, 1998 FACTS: Safari at.Eagan 3`d Addition was approved at the April_l, 1997 City Council Meeting. An extension was approved at the June 3, 1997 City Council meeting extending the filing and recording of the final subdivision until August 1, 1997. Due to delays in securing financing, the applicant is requested an additional 60 days to record the Final Subdivision. BACKGROUND: (1) Letter from Byron Watschke - page /6 JUL-24-97 THU 13:46 July 241 1997 P. 02 Mayor Thomas Egan City Councilmp.Mbers City of Eagan 3830 pilot Knob Road Eagan, MN 55122 Subject: Final Subdivision Approval - Safari @ Eagan 3rd Addition, 60 -day plat extension Dear Mr. Mayor and Councilmembers: We are at the present time reviewing two lenders' proposals to finance the construction of the first office building in Safari @ Eagan 3rd Addition. We expect to close on one of these within the next 30 to 60 days. The Letter of Credit required by the city for filing of the final plat has'been approved by both.lenders and will be issued at the time of closing. We regret the delay in getting this project started, however, office space in Eagan is in high demand at the present time with office rental rates increasing substantially in downtown Minneapolis and the first tier suburbs, e.g. Bloomington, Edina. unfortunately for us, the lenders in the past have required substantial leasing prior to financing the building. on the other hand, the potential leBSeegitment. want to seethe building under construction before making a commThis created a situation where we had to build the building on spec- diation. The final plat will be filed immediately upon signing the Joan documents. So --a 60 -day extension on the plat filing would be appreciated. _ Sincerely, ron tsch7c'e`--- pr •9 Fortune �alty, 1nc•, General partner Eagan 30.7C, A Minnesota Limited Partnership • ,�.1• • ••_ Y. • • •• • _�Ww_ _ •�� • .�.� tom• ' ^• !! : s "Vi j '•.i 1 .-•... y'�`'_� ,AM MWA4nt is UIluKIMnTA M� 0 (6 12) 835 33&3 R-95% 0 24-97 01:50PM P002 #21 Agenda Information Item August 5,1997 Eagan City Council Meeting G. EXTENSION OF PRELIMINARY SUBDIVISION - OAK POINTE OF EAGAN ACTION TO BE CONSIDERED: To approve or deny a request for a one year extension of the Preliminary Subdivision for Oak Pointe of Eagan (Outlot D - Phase II). FACTS: . Oak Pointe of Eagan was approved at the September 5, 1995 City Council Meeting. Phase I has been developed as 18 single family lots, three outlots for common areas and Outlot D, to be developed as Phase H. The second phase consists of the remaining 17 lots approved in the Preliminary Subdivision. The Preliminary Subdivision for Oak Pointe of Eagan received a one-year extension July 2, 1996. ATTACHMENTS: (2) Letter from Jim Dimond, OCP Homes Inc. - page OCP } HOMES, INC. July 18, 1997 Shannon Tyree, Project Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122-1897 RE: Oakpointe of Eagan Preliminary Plat Extension Dear Shannon: As you are aware, we have completed the final plat process, all site improvements and have models open for the first phase of Oakpointe of Eagan (Oakpointe of Eagan, First Addition). The first phase included 18 residential lots, 3 outlots (A, B & C) for common areas for the Home Owners Association and 1 outlot (D) to be developed as Phase II. Phase II will consist of the remaining 17 residential lots approved by the Preliminary Plat. Our time frame on this project has been substantially slower than we anticipated. We wish to request an additional one year extension of the Preliminary Plat to allow time to process the Final Plat for the second phase of Oakpointe of Eagan. We now anticipate processing that portion as the Second Addition to Oakpointe of Eagan in time to construct improvements in the Spring of 1998. Thank you for your assistance. Let me know if you need any further information. Yours truly, �J_4mes C. Dimond ~ President JD/jc +609 Lyndaie AvenuE South + 1018 ioomington. Minnesota 55820 A.-MU) NI-0127 i?' EAGAN CITY COUNCIL August 5, 1997 Meeting CONSENT AGENDA H. APPROVE hiring of ACC Architects - Eagan Civic Arena FOR COUNCIL ACTION: To approve the hiring of ACC Architects, Paul Dalhberg for the Civic Arena — East Addition BACKGROUND: The City has received Mighty Ducks funding approval In the amount of $250,000 to help fund the construction of a second ice sheet. Mr. Dahlberg would be charged with the responsibility of designing this addition to the Civic Arena. FACTS: • ACC designed the Civic Arena and are familiar with the existing facility. • ACC developed the preliminary design for the second ice sheet, which was necessary to develop an application for the Mighty Ducks Grant. The Eagan Hockey Association absorbed this cost. • The contract amount is $103,464, which is based on 6% of the base construction budget (Fire Administration is 7%); $5,000 of which has been paid as a result of earlier design work. • A standard AIA contract will be enter into with a modification pertaining to arbitration and mediation. • Costs associated with the design and construction will be funded a combination of grant funds, revenues and donations by the EHA. TIMELINE: In order to insure the operational success of the second ice sheet, it will be critical for the facility to open by Oct. 1, 1998. Critical dates in order to meet this opening date are, in reverse order. September 15, 1998 .....Start compressors. August 15, 1998 ...........Floor to be poured (concrete must cure for 30 days before start up of compressors) July 1, 1998..................Building enclosed April 1, 1998................Ground breaking February 15, 1998 .........Order Steel and Concrete for building February 1, 1988 ........... Award contract to successful bidder January 15, 1998 ........... Open Bids December 15, 1997 .......Approve plans and specifications, authorize advertisement for bids. October 1, 1997 ...........Approve final design development, Authorize the preparation of final plans and specification August 10, 1997 ...........Begin building design m ISSUES: Coordination between the Municipal Site master plan and Architect is being raised with both individuals. Both understand the relationship to each other and do not seem to feel this is a problem. The Architect would like to meet with the Council briefly at a workshop session to review design issues at the earliest opportunity (August 19). RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND CERTIFICATE OF INCUMBANCY Be it resolved that the Ci!y of Eagan (Official name of grantee organization) enter an agreement with the State of Minnesota, for the Mighty Ducks Grant, (title of grant agreement) to be conducted during the period from Austust 5 1997 (start date) through June 30 1999 (end date). Kenneth Vraa Director of Parks and Recreation (title of person who will sign agreement) is hereby authorized to sign and execute such agreements as are necessary to implement the project on behalf of the Grantee. I certify that the above resolution was adopted by the Eagan City Council (Executive Body) of the City of Eagan (Official name of grantee organization) on August 5, 1997 (Date). I further certify that Kenneth Vraa (name of person who will sign agreement) is the Director of Parks and Recreation (title of person who will sign the agreement) of Grantee and that the following is a specimen of his or her signature : Signed (Signature Representing Executive Body) Thomas A. Egan Mayor Witnessed: (Signature) Eugene ). VanOverbeke City Clerk (Date) (Date) (Those signing and witnessing the Certificate should be persons representing the governing body, and should not be the same person who will sign the grant agreement.) as EAGAN CITY COUNCIL August 5, 1997 Meeting CONSENT AGENDA 1. RESOLUTION to accept Mighty Ducks Grant - authorize staff to submit contract documents. FOR COUNCIL ACTION: To approve, and authorize the Mayor to sign, a resolution to accept the Mighty Ducks Grant Funds for the construction of a second ice sheet and to designate/authorize the Director of Parks and Recreation to complete appropriate documents necessary to implement the project on behalf of the City. FACTS: The City was awarded $250,000 In grant funds from the State of Minnesota. • A resolution (attached) must be approved in order to receive the funds. • Funds will be available to the City after 25% of the projects construction has been completed. • The City will also be able to take advantage of sales tax exemption with materials or supplies purchased for this project through June 30,1998. CONCERNS: Although there are no specific concerns, the agreement with the State has various stipulations if the City accepts the funds. The contract agreement requires the City to meet certain reporting requirements and to maintain accounting records. Further, the contract requires the City to enter into a contract that stipulates that the facility will be used for its intended purpose and that It not be converted for another purpose. It also requires that there will be a "prevailing wage" clause in contracts with contractors. ADDITIONAL INFORMATION The contract agreement is 25 pages in length. If members of the Council are Interested in seeing it, a copy is in the office of the Director of Park and Recreation. ATTACHMENTS Resolution — cP3 C;)CO2 EAGAN CITY COUNCIL August S, 1997 Meeting CONSENT AGENDA 1. ACCEPT tractor donation from Friends of the Farm, Holz Farm FOR COUNCIL ACTION: Accept the donation of a Fanmall H tractor from the Friends of the Farm under the conditions outlined. FACTS: • The Friends of the Farm are a non-profit group organized to promote the history and farming of the early years in Eagan. • The Friends of the Farm purchased a 1947 Farmall H tractor for $925.00 from LANO Equipment located in Norwood Minnesota. The tractor was delivered on April 10 of this year. • Insurance for the tractor is cost prohibitive for the Friends of the Farm to provide for themselves. Preliminary estimates for liability coverage put premiums from $750.00 to $1,500 per year. The City would be able to add the tractor to the current coverage for equipment and vehicles. • The plan is to use the tractor for work projects at Holz Farm, pulling the hay rack for rides and working the fields. The Advisory Parks Commission reviewed this issue at their June, 1997 meeting and recommended acceptance of the donation pending review by the City's risk management provider. That review has been done. CONCERNS: None ATTACHMENTS: Memo to the Advisory Parks Commission dated June 13, 1997. ADDITIONAL INFORMATION: The Friends of the Farm recently received a $3,000 donation from the Knights of Columbus. The total donation from the Knights of Columbus to the Friends of the Farm totals $ 7,000. =) y city of eagan MEMO TO: ADVISORY PARKS COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION ]ON OYANAGI, RECREATION SUPERVISOR DATE: ]UNE 13, 1997 RE: DONATION OF FARMALL H TRACTOR FOR COMMISSION/COUNCIL ACTION: Recommend that the City of Eagan accept the donation of a Farmall H tractor from the Friends of the Farm under the conditions as stated In this memorandum. OR Recommend that the City accept the donation but do so under different terms as decided by the Commission and/or City Council. OR Recommend that the City not accept the tractor. FACTS: • The Friends of the Faun are a non profit group organized to promote the history and farming In the early years of Eagan. • The Friends of the Farm purchased a 1947 Farmall H tractor for $925.00 from LANO Equipment located In Norwood, Minnesota. The tractor was delivered on April 10 of this year. • Insurance for the tractor is cost prohibitive for the Friends of the Farm to provide for themselves. Preliminary estimates for liability coverage put premiums from $750.00 to $1500.00 per year. • The City would be able to add the tractor to the current coverage for equipment and vehicles. • The plan is to use the tractor for work projects at Holz Farm, pulling the hay rack for rides, and working the fields. �5 FOR DISCUSSION: The acquisition of a tractor was a priority for the volunteers of the Friends of the Farm. Members had been keeping an eye out for one over the past year. Prices ranged from $1000 to $2500 for similar models. When this one was discovered, Maynard Ohm Investigated. He found the tractor to be In good mechanical order and In good running condition. He spoke with the previous owner who expressed satisfaction with the tractor. The $925.00 price Included delivery. The issue of liability coverage arose with the heightened possibility of accident or injury. Members Investigated options. The most feasible plan for a newer non-profit organization is to donate the tractor to the City with the expectation that it would be Insured as are other City vehicles. The volunteer activities at Holz Fane already fall under the auspices of the City. As with volunteer activities, the use of the tractor would need to be closely managed by City representatives. Conditions for use have been discussed and are presented in this memo. Many of those conditions address safety and reducing the City's exposure to claims. Likewise, the Friends of the Farm wish to maintain some protection concerning the City's use of the tractor. Those conditions are expressed in this memo. Their fear is that the City will want to put a mower deck underneath or use it to drag ball fields or other unforeseen projects. While not eliminating those possibilities, the conditions allow for flexibility with controls. The Friends plan to use the tractor for work and demonstration of farm life around Holz Farm. Examples include pulling tree stumps, hauling, plowing, discing, planting, and operating other Implements. The tractor may also be used as a showpiece for hayrides or being in parades. Simply put, the tractor will be utilized just as it would have been on the farm in the 1940's. The maintenance and repairs could be shared. Gas, oil and hydraulic fluid could be supplied by either parry. Repairs could be performed by volunteers familiar with the tractor and also by the City mechanics who have the tools, equipment and expertise. Clean-up can also be done by either group. CONDITIONS OF THE DONATION. 1. Under no circumstances will personal use of the tractor be allowed. 2. Only authorized users will be allowed to operate the tractor for Holz Farm activities. A list will be maintained both at Holz Farm and at the Parks and Recreation office 3. Authorization of individuals will be based in part on, but not limited to: • Previous experience operating a similar tractor. • Being an active member during the past six months. • Passing an assessment of standards administered by a City authorized examiner which Includes oral and practical assessments. (See the attachment explaining the test.) • Signing a waiver that holds harmless the City of Eagan for any accidents or injury Incurred while operating the tractor. 4. Use of the tractor for Friends activities will need to be approved by a City representative. Details must be supplied regarding the project, how the tractor will be used, and safety precautions to be taken. Use without approval will be considered unauthorized and will be treated as theft. S. Hayrides will always Include a chaperon other than the driver who can assist people with boarding and unboarding as well as supervising riders on the trip. 6. Maintenance and repairs will be handled by both the City of Eagan and the Friends of the Farm. 7. Should replacing the tractor become an issue, It Is agreed that the Friends of the Farm will be able to sell the current tractor or trade It in towards purchase of the replacement. 8. The City of Eagan will pay the premium for liability coverage. 9. City use of the tractor must first be approved by the Friends of the Farm Board of Directors, or three members thereof. I O.AI1 personnel operating the tractor must also pass the same oral and practical standards. FOR COMMISSION ACTION: To make a recommendation to the City Council on the acceptance/denial of a Farmall tractor for the Friends of the Farm for Holz Farm. 02 Friends of the Farm Standards for Tractor Operation Administered by: Operators Name: Date of Assessment: Checking Fluids oil antifreeze gas tires Starting Procedure turn on gas check emergency brake place in neutral depress clutch pull choke set throttle push the starter Driving gear locations brakes always locked together handling slopes and turns General Information Do not try to jump start with a 12 volt battery. The tractor is a 6 volt. The tractor can, if necessary, be pull started. The Power Take Off(PTO) will disengage when the clutch is pushed in(no live power). Oil weight suggestions: winter = l0weight summer = 30weight Gas - The tractor will run best on regular gas which lubricates the valves. However, today only unleaded gas is available. One can mix 10 gallons of unleaded with a half gallon of diesel to help lubrication. After an individual meets the standards, the City of Eagan will be notified and their name added to the list of approved volunteer drivers. Owl Agenda Information Memo August 5, 1997 Eagan City Council Meeting K. REVISION — CONDITIONS OF APPROVAL — CITI CARGO C.U.P. ACTION TO BE CONSIDERED: To approve removal of Condition #1 listed on the Conditional Use Permit for outdoor storage on property located at 3575 Highway 13 as directed by court order earlier this year. Condition #1 required that Outlot B, Mardelann Addition, be combined with Lot 1, Block 1, Mardelann Addition. FACTS: The Conditional Use Permit for outdoor storage included a condition requiring the combination of Outlot B and Lot 1, Block 1, Mardelann Addition. A Lot Combination Agreement was prepared by the City; however, when Citi -Cargo attempted to record this document at the County, the County refused to combine these parcels as they did not have the same fee owner and 1997 taxes were not paid in full. • Citi -Cargo Inc. is willing to pay the 1997 taxes; however, is unable to have both parcels under the same ownership as each parcel was purchased by a different entity and under different financing. A lot combination is a typical requirement for a Conditional Use Permit. Because one of the parcels involved is an outlot that will have to come back to the City for future development, waiving this condition should not have any negative impact to the City. BACKGROUND/ATTACHMENTS: (1) Letter from Citi -Cargo dated July 18, 1997, page July 18, 1997 Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, XVI� 55122-1899 RE: Outlot B Dear Nike, According to the terms of our recently approved conditional use permit for the above property, we are required to file with Dakota County a lot combination agreement. I have attempted three times to complete this filing with the county. I have been informed by the county that this filing can not be complete until the following occurs. 1- 1997 Taxes are fully paid 2- Both parcels have the same fee owner The payment of the taxes can be accomplished, however having both payments parcels have the same fee owner is not possible. Outlot A is owned and financed by W.D. Larson personally. Oulot B is owned and financed in the Citi Cargo & Storage Co., Inc. Citi Cargo is a company owned 100% by W.D. Larson individually. Because of the separate financing arrangements on each parcel, the changing of the fee owner is virtually impossible. As I stated in an earlier letter, I understand that my 60 day window as provided in the C.U.P. is coming to an end, I therefore ask the City of Eagan for an extension of time to complete this matter. Also had I completely understood the lot combination process, I would have dealt with this issue before the C.U.P. was issued. Because of the various issues as described above, I ask the City of Eagan amend the C.U.P. by deleting the lot combination requirement. Afler reviewing the above information, please contact me with your questions and comment S' ce / A1Ofst age W.D. Larson Co. 20 Larson Companies LTD., Inc. , 8050 E. Highway 101 - Shakopee, MN 55379 - 612-445-1312 - Fax 612-445-0758 TRUCK SALES & LEASING Peterbilt Voivo Ford GMC LARSOn tility Ottawa [OMFIR 1ES Transcraft July 18, 1997 Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, XVI� 55122-1899 RE: Outlot B Dear Nike, According to the terms of our recently approved conditional use permit for the above property, we are required to file with Dakota County a lot combination agreement. I have attempted three times to complete this filing with the county. I have been informed by the county that this filing can not be complete until the following occurs. 1- 1997 Taxes are fully paid 2- Both parcels have the same fee owner The payment of the taxes can be accomplished, however having both payments parcels have the same fee owner is not possible. Outlot A is owned and financed by W.D. Larson personally. Oulot B is owned and financed in the Citi Cargo & Storage Co., Inc. Citi Cargo is a company owned 100% by W.D. Larson individually. Because of the separate financing arrangements on each parcel, the changing of the fee owner is virtually impossible. As I stated in an earlier letter, I understand that my 60 day window as provided in the C.U.P. is coming to an end, I therefore ask the City of Eagan for an extension of time to complete this matter. Also had I completely understood the lot combination process, I would have dealt with this issue before the C.U.P. was issued. Because of the various issues as described above, I ask the City of Eagan amend the C.U.P. by deleting the lot combination requirement. Afler reviewing the above information, please contact me with your questions and comment S' ce / A1Ofst age W.D. Larson Co. 20 Larson Companies LTD., Inc. , 8050 E. Highway 101 - Shakopee, MN 55379 - 612-445-1312 - Fax 612-445-0758 Agenda Information Memo August 5, 1997 Eagan City Council Meeting L. APPOINTMENT, HEARING OFFICER, DANGEROUS DOG DESIGNATION, ANIMAL RESIDING AT 4358 DUNROVIN LANE ACTION TO BE CONSIDERED: To approve the appointment of a hearing officer to be designated by the City Administrator for an administrative hearing on a dangerous dog designation for an animal at 4358 Dunrovin Lane. FACTS: • State Statutes and City Code provide for the designation of a dangerous dog by the City's Animal Control Officer on the basis of defined criteria. Statute and Code also permit owners of dogs receiving such a designation to appeal the findings. • In the past, City Council has referred these items to an administrative hearing conducted by a member of City staff appointed by the City Administrator. • Patricia Palmer of 4358 Dunrovin Lane has requested such a hearing regarding her dog. • Upon authorization from the Council, the City Administrator will appoint a hearing officer and move forward with an administrative hearing in this regard at the earliest possible time. • As an aside, the Police Department is requesting authorization under New Business for a modification of the dangerous dog ordinance to permit the City Administrator to assign a hearing officer upon receipt of a request rather than requiring the item to come before the City Council. This request is more fully discussed below. 21 Agenda Information Memo August 5,1997 _C _ � �l/_ �_ � Ute! � � �_ � - • _ _ `- 1 - -- � � � 1 1 • ACTION TO BE CONSIDERED: To authorize the City's acquisition and reconveyance of excess MnDOT right-of-way for portions of Parcel 47A and 48 of MnDOT Right -of -Way plat #19-49 and authorize the Mayor and City Clerk to execute all related documents. FACTS: ■ There is a small sliver of public right-of-way for I -35E that has been determined and declared excess right-of-way. It lies on the west side of 35E and north of Deerwood Drive. • City staff contacted MnDOT and inquired about the process to have this excess right-of-way reconveyed to the adjacent property owner or the City of Eagan. After a full evaluation and appraisal by MnDOT, it was determined that MnDOT would convey this sliver of excess right-of-way to the City of Eagan for $4,983.50 ($5,000 less State Deed Tax). • Springbrook Corporation, developer of the Murphy Farms Addition, and the property owner, Leo Murphy, have expressed an interest in obtaining this excess right-of-way to make a future subdivision and development of the adjacent property more viable • The City Attorney's Office has determined that the City of Eagan has the ability to transfer this excess right-of-way by way of a Quit Claim document to the adjacent property owner. • Mr. Howard Kyllo, of Springbrook Development, has deposited $5,500 in the City's escrow account to cover the City's cost associated with this acquisition and reconveyance. Staff has reviewed this request and worked with MnDOT, the developer, the property owner and the City Attorney's office and subsequently are presenting this issue to the City Council for favorable consideration. ISSUES: • Former Mayor Leo Murphy submitted a letter requesting the City to reconvey this excess property to him at no cost in consideration for previous dedication of parkland for the access road to Blackhawk Park which was credited against his subsequent park dedication requirements. ATTACHMENTS: • MnDOT reconveyance letter, legal description and graphic, pages 33 through 3 ■ Springbrook letter, page. Leo Murphy, pages , 3 ;?_ through 10 3.2 Minnesota Department of Transportation Transportation Building P;:s-' 395 Jorn Breland Boulevard Sant Fwui. Mirresota 55155-1899 July 3, 1997 Craig Knutson City of Eagan 3830 Pilot Knob Rd. - Eagan, MN 55122 In reply refer to: 7300 C.S. 1982 (35E=390) 904 Dakota County Parcel 47A and 48 Reconveyance Dear Mr. Knutson: I am pleased to inform you that all approvals have been obtained for the conveyance of the above referenced parcel. 9 1597 The value of said .69 acre tract is $5000.00. If this is acceptable, please submit payment of $4983.50 ($5000.00 less State Deed Tax) in the form of a cashier's check, certified check or money order made payable to "Commissioner of Transportation - Trunk Highway Fund." Upon receipt of payment the State will issue a Quit Claim Deed using the enclosed legal description to the City of Eagan. Please submit payment and any questions you may have regarding this transaction to Neal Bartelt, Transportation Building, 395 John Ireland Boulevard, Mailstop 632, St. Paul, MN, 55155 (phone 612-296-8647). Sincerely, Merritt Linz , Director Office of Land Management Enclosures: Legal Description (1) Map (1) 33 March 14, 1997 1982048 AM DESCRIPTION FOR RECONVEYANCE Parcels 47A and 48 S.P. 1982 (35E=390) 904 All of Tract A described below: Tract A. That part of the Southwest Quarter -of the Northwest Quarter and part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 27 North, Range 23 West, shown as Parcels 47A and 48 on the plat designated as Minnesota Department of Transportation Right of Way Plat Numbered 19-49 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, described as follows: Commencing at Right of Way Boundary Corner B31 as shown on said plat; thence run southeasterly along the boundary of said plat on an azimuth of 117 degrees 12 minutes 09 seconds for 46.75 feet to Right of Way Boundary Corner B30 as shown on said plat; thence on an azimuth of 56 degrees 36 minutes 15 seconds for 151.66 feet to the point of beginning of Tract A to be described; thence on an azimuth of 61 degrees 54 minutes 46 seconds for 532.09 feet; thence southwesterly 200 feet on a non-tangential curve concave to the northwest having a delta angle of 32 degrees 08 minutes 43 seconds and a chord azimuth of 260 degrees 58 mindtes 49 seconds; thence on an azimuth of 244 degrees 14 minutes 55 seconds for 372.76 feet; thence on an azimuth of 133 degrees 14 minutes 41 seconds for 84.10 feet to the point of beginning; containing 0.69 acre, more or less; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 35E from the lands herein conveyed. 3y 0 0 O 7 v) In N • OQ ` J C T1` *a 1! j a o O 0 ` Y � a k �' 1 / a r \ . IR II O fift ca NV. aC 00 1p 1p �\ /l O 311 r!' ' fbc •� ,)\`'. b36 o�/tea, v / ' -,Y �fi � ,.�, .:i• •..•�di �iyrY �,•^`\ �c a .tea, r e \ Ali A3 00— 0� y0 r% Off' / / •:E:zf.:.�p�O'?�py // ~~� /4L'BR o80 02. ti >oe 95 Lt 6,o P- G -N t Lu fli .,��te pa alp j h w \Iq,o JNA IQSGCFL N�Q� r fl GO Q 1 ' O REcFIV JUL 2 SPRINGBROOK CORPORATION 2J S97 REAL ESTATE DEVELOPMENT AND MARKETING July 21,1997 Mr. Craig Knudsen Engineering Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Knudsen, - On behalf of our clients, Mr. and Mrs. Leo Murphy, we hereby request that you proceed with the purchase of Parcels 47A and 48 S.P. 1982(35=390) 904 containing 0.69 acre, more or less, from the Minnesota Department of Transportation. Enclosed is a check in the amount of $5,500.00 as a deposit to cover the purchase price of the parcel as established by MnDOT and also to cover incidental costs incurred by the City in processing the transaction. The deposit is being paid with the understanding that upon receipt of a deed for the referenced parcel the City of Eagan will in turn, deed the parcel to our clients, Leo F. Murphy and Ardelle M. Murphy, as adjoining property owners. It is further understood and agreed that any portion of the deposit not spent for the above stated purposes shall be refunded to Springbrook Corporation. For the record, Springbrook Corporation has an agreement to subsequently purchase the parcel from the Murphys. It is our intention to combine it with adjacent lands in an application for preliminary plat for single family residential lots at the NE corner of Deerwood Drive and Murphy Parkway. It is understood that the conveyance will be subject to the following restriction: No access shall be permitted to Trunk Highway No. 35E from the lands herein conveyed. Sincerely, Springbrook Corporation 7 V4. - 9,71r; 7/ Howard R. Kyllo cc: Leo F. Murphy 10040 LYNDALE AVENUE SOUTH. 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Blacklia k iii' Terranto A 41 ht Leo Nitirpliv pry w viii d1VWb Intervention to ttt)o &6e Wbers 'h6&-d9d;-1 Wid "Hifi': M& ji�, p ---A*Ily sdid,bboui b W'E&61, IS' 151 fblii.d front teat dd*'d d fbvv bf walnut and chef r it li,6 fkJ ierry trees, hko, pines -8hd W e 6�16 odld hav' beid plarited years Agd. As the tre4� jl� bo - - .06stbyhotthanginglLheroad. rs ''You're trading grubbers' A�6drbkb so L some loss of. 9 0'61 within .1 few feet; mut-olly,g hopes Hegar( to f zidd. Just i*;81"el' tiioney for beatify acrd integrity i for bur childreh fltd� 4 Murphy. IF dtidbiffICALi,hit�et. ly tola I le engines quit. flig trees Wbi•b saved, t0vipot . bodficd rnernbei;.' *hte 01166FIjbd h 60W� safe('. - lild road is the first phase Drat P' s� it would take 1-1§1-1flinute ih- tervention of IliL. paghli C al9d fficludes h 'pa parking lot, ilsj 'a bHfIge" hn'd.a canoe iaij- 'Wird, (,'Ot"Icil Sept, ld to bitsuria the J i�111i lin tits tieit;hlxirs ,I, ding tit iflackha wk Lake. Money lli� believed the 30 frees long-term sur-vivil. Mur-, phy's northern neight hosh -toot',.. for th� $470,Uw .cost witl come iAd WS; field alid ff-brn the city's park site ftuid linint-s will abut the =hIsd --1WHnW-%of 0ien sur�by and a $140,000 state grant. spoke out. The disniptioll occurrNI last '§Iakes blintc-d 26 feet into bib fial-k-bod PdAiid Sept. 3. I - - week When ctitt6rs began cleat•;;mw,*-P,lly,. se, ing A path off Murphy Pat-kivay for ,grave nil -dilditibliAl,2&fbot-Wide a new entrance to Blackhawk COMunify Park, M .�;ecJjojj dt JdTp'f-dpet•ty Fo ffle city ff'71 AJI' Uw h the `road td 1101-111 Of Deerw(W Drive. 'I'lie city had purchased the movejust aqgv frbih the frees. This Plague was given to me the evening of October 14, 1902. It is the most beautiful Plague I have ever seen; gold plated set in Polished walnut. To be given this by your own people, is the moot moving experience I have ever had. _Lelj_ Nurphy c, I, I - _WP( 351 II I r, —, ( 1, 1 y, r"' (, I ) j . I G, - 1 -1 A To the Editor: A great controversy has arisen in Eagan as to the location across my farm for the access road to Blackhawk Park. On September 4 the as3'ta park diector, Steve Sullivnn, showed me the steaks where the street was to be constructed. To my dismay, it was going thru my walnut tree grove destroying; many of them. My immediate response "NO way is this street going thru my walnut trees; IIia immediate reply, "Oh yes it is: After several hours of "tlo it isn't and yes it is", he made this part- ing statement, "If you want to save your walnuts, then start praying for Divine intervention. I did. On September 8, the big tree remoirsl machine and chain saw gang came in and started cutting trees at the ed a of. my woods. Trees were falling on the right of me. Trees were falling on the left of me. .Twenty feet from the walnut trees the machine broke Gown and was down for several days. This gRve me time to get to our City Administer, Tom Itecjg;es. Ile in turn contacted Councilman Ted Wachter. Thru their great effort, a on -sight meeting was arrranged for the forenoon of September 10 for Cita. Officials the public and the newsmedia. At the Council meeting that evening, } pleaded my cases Mayor and members of. the City Council: I come beforeou tonight to receive a message from I can take back to my Walnut trees. Will that messageobe oneeofadeathat and destruction so that I will have to sing a funeral dirge to them, or will your message be one of life and growth, that the Walnut trees will continue to produce their walnuts and continue to grow into large beau- tifil majestic trees of great beauty. All of you are- familiar with the beauty of objecta made from walnut wood. That beauty extendr through- out the whole Walnut tree, yes�unto its farthest branches. It must have been the Walnut tree that Joyce Kilmer was thinking of when he wrote his famous poem, that concluded with these words "Only God can make a tree" God must have put a little more effort and time in creating the Walnut tree. When you stand near the base of one of the large, mature "inajestio Walnut trees and look up at it, it seems like one is looking up into Heaven. Yes members of the governing body of Eagan, their fate lies in ,your hands. Thank you. The Council voted unanimously to save the walnut trees. The Power of Prayer. I wish to express my sincere thankyou and I am sure I speak for many generations to come who will be able magnificent trees to look up at these beautiful, , to Mayor Tom Egan, Council, members Pam McCrea Pa- tricia Awada, Tim Fawlenty, who is seeking to the State Legislature, and especially to Ted Wachte,whoectithrunhis effortq much benuby and many trees remain. Leo Murphy Fast I'la or of Eagan and Dakota Coun TREES Joyce Kilmer I think that I shall never see A poem lovely as a tree. A tree whose hungry mouth is prest Against the earth's sweet flowing breast; A tree that looks at God all clay And lifts her leafy RTM3 to pray; Commissioner 3rd; District. A tree that may in summer wear A nest of robins in her hair; Upon whose bosom snow has lain; Who intimately lives with rain. Poems are made by fools like me. But only God can make a tree. Agenda Information Memo August 5, 1997 ACTION TO BE CONSIDERED: To receive the feasibility report for Project 723 (Southern Lakes — Trunk Utility Extensions) and schedule a public hearing to be held on September 2, 1997. FACTS: • On July 1, the City Council received a petition and a resolution from the city of Inver Grove Heights and subsequently authorized the preparation of a feasibility report to provide for the extension of trunk utilities to serve the proposed Southern Lakes development located on the north side of Cliff Road within Inver Grove Heights. • This feasibility report has now been completed and is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss this proposed public improvement ACTION TO BE CONSIDERED: To approve the plans for Contract 97-16 (Slater Road Sidewalk — Project 710B) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, August 29, 1997. FACTS: • At the July 1 City Council meeting, the City Council authorized the installation of a sidewalk along the west side of Slater Road from Wall Street to Cliff Road and directed the preparation of detailed plans and specifications. • These plans have now been completed and are being presented to the Council for their consideration of authorizing the competitive solicitation of bids for a bid opening scheduled on August 29. • It is proposed that the Council would consider the bids at their meeting of September 2. The contract award at that time would allow the project to be completed by the end of October. • There are no assessments associated with this project as all costs are being financed by the Major Trail Fund. Agenda Information Memo August 5, 1997 ACTION TO BE CONSIDERED: To receive a petition to vacate a drainage and utility easement over portions of Lots 3 & 4, Block 1, Verdant Acres, and schedule a public hearing to be held on September 2, 1997. FACTS: • The City has received a petition from the developer of the proposed Verdant Hills Addition (Mr. Ken Greene) requesting that the City of Eagan vacate the previously dedicated drainage and utility easement along the common lot lines of Lots 3 & 4, Block 1, of Verdant Acres to facilitate their replat into the Verdant Hills Additions. • It is proposed that adequate replacement easements be dedicated with the replat. • 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 this request. Yj' Agenda Information Memo August 5,1997 Eagan City Council Meeting Q. CONFIRMATION OF FINDINGS OF FACT — OPUS NORTHWEST ACTION TO BE CONSIDERED: To confirm the Findings of Fact relating to the Preliminary Subdivision for Opus Northwest consisting of two lots on approximately six acres and a Planned Development Amendment to allow an 85 -room Studio Plus Hotel on Lot 9, Block 2, Eagan Promenade, located north of Yankee Doodle Road and east of I -35E. FACTS: At its regular meeting on July 15, 1997, the Eagan City Council denied the Preliminary Subdivision and Planned Development Amendment. BACKGROUND/ATTACHMENTS: (1) Findings of Fact as prepared by the City Attorney, pages through YS:i- �j�3 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Opus Northwest, LLC FINDINGS OF FACT, for an Amendment to the Preliminary Planned CONCLUSIONS AND Development Agreement and for approval of RESOLUTION a Preliminary Subdivision. On June 24, 1997, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a public hearing to consider the application of Opus Northwest, LLC for an amendment to the Preliminary Planned Development Agreement to allow both a hotel and retail and approval of a Preliminary Subdivision to plot Lot 9, Block 2, Eagan Promenade into Eagan Promenade 3rd Addition. The applicant's representative appeared at the public hearing and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information. Following the public hearing, the Advisory Planning Commission voted to recommend approval of the applicant's request. The matter then came before the Eagan City Council at its July 15, 1997, meeting. The Council received, considered and discussed the Advisory Planning Commission recommendation, input from the staff, and planning reports, together with all files, records and prior proceedings and the input of the applicant's representatives. Based upon all the files, records, proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: Lly 4. The land is subject to a Planned Development Agreement which requires both parties to consent to the change in zoning so long as the Agreement is in effect. 5. Subdivision of Lot 9, Block 2, Eagan Promenade into more than one lot is inappropriate so long as only one use is allowed on the property. 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 Planned Development Agreement is not warranted and that a Preliminary Subdivision from one lot to two is not in compliance with the existing zoning. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for an amendment to the Preliminary Planned Development Agreement and approval of a Preliminary Subdivision from one lot to two lots are hereby denied. Dated at Eagan, Minnesota, this 5th day of August, 1997. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk 3 Agenda Information Memo August 5,1997 Eagan City Council Meeting R. CONFIRMATION — FINDINGS OF FACT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the Findings of Fact relating to a Comprehensive Guide Plan Amendment changing the land use from Limited Business to Commercial Planned Development; a Preliminary Subdivision consisting of two lots on 2.4 acres; and a Planned Development Amendment allowing a 38 -unit hotel on Lot 2, Block 1, Rahn Ridge 2"d Addition, located at the southwest corner of Rahn Way and Rahncliff Road. FACTS: • At its regular meeting on July 15, 1997, the City Council denied all three applications as presented. BACKGROUND/ATTACHMENTS: (1) Findings of Fact as prepared by the City Attorney, pages through Y r� BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Request of Rahn Ridge Associates FINDINGS OF FACT, for a Comprehensive Guide Plan Amendment, CONCLUSIONS AND a Preliminary Subdivision, and a Planned RESOLUTION Development Amendment. On June 24, 1997, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a public hearing to consider the request of Rahn Ridge Associates for a change in the Land Use Guide Plan section of the Comprehensive Municipal Guide Plan for the City of Eagan. The proposal was to change the designation of Lot 2, Block 1, Rahn Ridge 2nd Addition from Limited Business to Commercial Planned Development. The applicant also proposed to amend the Planned Development Agreement on the property to allow construction of a 12,816 square foot office building and a 38 -unit motel. The applicant also sought approval of a Preliminary Subdivision to create Lots 1 and 2, Block 1, Rahn Ridge 3rd Addition. The applicant and representatives appeared at the public hearing and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information. Following the public hearing, the Advisory Planning Commission voted to recommend approval of the amendment to the Land Use Guide Plan section of the Comprehensive Guide Plan for the City of Eagan, approval of the Planned Development Amendment and approval of the Preliminary Subdivision. The matter then carne before the Eagan City Council at its July 15, 1997, meeting. The Council received, considered and discussed the Advisory Planning Commission recommendation, input from staff, the applicant and planning reports, together with all files, records and prior proceedings. Based upon all the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: FINDINGS OF FACT 1. This matter is properly before the Eagan City Council. 2. When a change is requested to the Land Use Plan section of the City's Comprehensive Municipal Guide Plan, the City determines if the change is in the best long- range interest of the City, which is the formulation of public policy and a legislative act. 3. The applicant's requests are as follows: A. To amend the Land Use section of the City's Comprehensive Guide Plan from Limited Business to Commercial Planned Development for Lot 2, Block 1, Rahn Ridge 2nd Addition. B. To approve a Preliminary Subdivision which would be called Rahn Ridge 3rd Addition, consisting of two lots on 2.42 acres of land which is currently platted as Lot 2, Block 1, Rahn Ridge 2nd Addition. C. To approve a Planned Development amendment to allow a two-story, 38 -unit motel on the proposed Lot 2, Block 1, Rahn Ridge 3rd Addition and a 12,816 square foot office building on the proposed Lot 1, Block 1, Rahn Ridge 3d Addition. 4. The property is currently designated on the City's Land Use Guide Plan as Limited Business and there currently exists a Preliminary Planned Development Agreement which allows a 20,250 square foot office building for Lot 2, Block 1, Rahn Ridge 2nd Addition. This approval was received from the City of Eagan in May, 1996. yog 5. A large area to the south and west of this property is residential. 6. The Limited Business designation in the City's Comprehensive Guide Plan and Zoning Ordinance are intended for areas near residential neighborhoods. These businesses are deemed to be compatible with nearby residential use and buffer residential uses from higher intensity commercial uses. 7. An office building is a Limited Business use and that it would be appropriate in this location. 8. The City finds that a 38 -unit motel is a higher and more intense commercial use than anticipated or desired; that a motel would increase traffic on the site; a motel would be close to residential uses and would be a more intense of a commercial use which would not create an adequate buffer between commercial uses and residential areas. 9. The City determines that under the existing Comprehensive Guide Plan designation and zoning that the property has a viable economic use. The City makes the following Conclusions: CONCLUSIONS 1. The existing area designated as Limited Business on the land use section of the Comprehensive Municipal Guide Plan is appropriate for the area. That designation furthers the City's public policy of encouraging transition uses and buffer uses between residential areas and higher intensity commercial development. 2. The current designation and zoning are a viable economic use. Vff 3. The effects of this development will not advance the health, welfare and safety of the City and will not be in the best long-range interest of the City more than the existing Land Use Zoning and Comprehensive Guide Plan designations. 4. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that amendment to the land use section of the Comprehensive Municipal Guide Plan as requested is not warranted; that a rezoning from Limited Business to Commercial Planned Development is not warranted; and that a Preliminary Subdivision from one lot to two is not in compliance with the existing zoning. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for an amendment to the land use section of the Comprehensive Municipal Guide Plan as requested; that a rezoning from Limited Business to Commercial Planned Development; and that a Preliminary Subdivision from one lot to two lots are hereby denied. Dated at Eagan, Minnesota, this Sth day of August, 1997. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk Y1 Agenda Information Memo August 5, 1997, Eagan City Council S. EXTENSION OF TIME TO COMPLY WITH SIGNAGE AGREEMENT — CEDAR CLIFF SHOPPING CENTER (Schaferichardson, Inc.) ACTION TO BE CONSIDERED: To approve or deny a one-year extension of time to comply with the Planned Development signage agreement for the Cedar Cliff Shopping Center located at the northeast comer of Cliff and Nicols Roads, in the SE'/4 of Section 30. FACTS: In August of 1996, the City Council approved a Planned Development Amendment to relocate the building signage at Cedar Cliff Shopping Center. The conditions of approval required that all signage be relocated to the approved upper sign band by August 15, 1997. For various reasons outlined in the attached letter, Schaferichardson is requesting a one-year extension to August 15, 1998 to complete the sign relocation. ATTACHMENTS: Letter from Schaferichardson, Inc., pages ,154' #Iwraggir-- W41 SCHAFERICHARDSON INC C o m m e r c i a l R e a! E s t a t e S e r v c e s July 28, 1997 Ms. Pamela Dudziak Associate Planner City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Re: Signage Relocation Cedar Cliff Shopping Center Eagan, MN Dear Pam: Last year the City Council approved an amendment to the Cedar Cliff P.D. requiring all tenant signs be relocated by August 15, 1997. Please consider this letter a formal request for a one-year extension of that amendment. To date, six of our fifteen tenants have relocated their signs to the canopy, most willingly. However, because of existing lease language which requires the tenants to pay for the relocation, some of the tenants have been unable to move ahead with the work. Two of our tenants are in the process of changing their name and one of our tenants has received a notice of trademark infringement from a similarly named company. Cole's Salon is in the midst of a very expensive remodeling and will be relocating their sign, but probably not before August 15, 1997. In addition, we have been asked by two of the tenants in the professional office suites area to permit the addition of their corporate logos to their signs. Not only is this not permitted by the existing signage guidelines for the center, but it also creates a space problem. We are continuing to try to resolve these issues and would appreciate the additional time. If you have any questions, please feel free to call me at 452-4448. Sincerely, / OV Kit Richardson KR/ms CC: Vernon R. Colon i n v e s t m e n t 2127 Cliff Road - Suite E Eagan, Minnesota 55122 • S a l e s & L e a s i n g - M a n a g e m e n t si D e v e I o p m e n? Telephone: (612) 452-444R Fax: (612) 452-4432 EAGAN CITY COUNCIL August S, 1997 Meeting CONSENT AGENDA T. APPROVE consultant services - Captain Dodd Park FOR COUNCIL ACTION: Approve the use of consultant services for Captain Dodd Park, Phase l a 2 study FACTS: • Minnesota Pollution Control Agency notified staff of a "release" onto Captain Dodd Park as a result of activities that occurred on property to the east. • The City has undertaken preliminary testing of the site, which has indicated a low level occurrence. • Staff has already enrolled the City in the "VIC" program, which can issue a variety of letters, i.e., no -association, no -action or letters of agreement to the City. Each type of written assurance can serve to protect the City from potential legal action. • The City must undertake to fulfill the requirements of the VIC program and prepare and submit a Phase l Environmental Audit. A Phase 2 study may also be required. • Staff previously solicited proposals from consultants and has completed this work effort. CONCERNS: None at this time ADDITIONAL INFORMATION A detailed memorandum was presented to the City Council at their July 29 workshop. J Agenda Information Memo August 5, 1997 Eagan City Council Meeting U. VILLAUME INDUSTRIES CONNECTION CHARGE AGREEMENT ACTION TO BE CONSIDERED: To approve a settlement agreement for storm sewer connection charges with Villaume Industries. FACTS: • The Public Works Committee and staff met with representatives of Villaume Industries on Tuesday, July 29, and will be meeting again on Tuesday, August 5. • A proposed agreement and/or recommendation will be provided to the City Council at the regular City Council meeting. ATTACHMENTS: Memo to the Public Works Committee explaining the issues pertaining to this item enclosed on pages,157Y through. s.� MEMO city of eagan TO: PUBLIC WORKS COMMITTEE FROM: CITY ADMINISTRATOR HEDGES DATE: July 18, 1997 SUBJECT: VILLAUME INDUSTRIES CONNECTION CHARGE OBJECTION Officials of Villaume Industries, including their attorney, are objecting to certain connection charges identified as due from them as a condition of a building permit issuance. They have requested a determination by the City Council of the appropriateness of the charge and staff has suggested a preliminary review by the Public Works Committee. Background Facts ♦ The City staff, through the consulting services of Jerry Wobschall, review all development applications and all commercial/industrial building permit applications to ensure that all property has paid its proportionate share of all area charges and lateral benefit charges. ♦ From time to time, these charges are referred to as assessments which they are not; they are connection charges and lateral benefit charges provided for in the City Code for water, sanitary sewer and storm drainage utilities. ♦ The connection charge obligation is unique to each parcel of property depending upon previous assessments, previous agreements, development activity, etc. ♦ Villaume Industries applied for a building permit to construct what appears to be the ninth building on what is essentially two parcels totaling approximately 16 acres. ♦ The customary review determined that storm sewer trunk area charges had .been assessed to 8.5 acres in 1970. The balance of 7.5 acres was noticed as subject to a connection charge of $39,530.70 (7.5 acres X 43,560 sq ft/acre X $.121 sq ft). This connection charge obligation was placed as a condition on the issuance of the building permit. ♦ To allow construction to begin, the building permit was issued with the understanding that the issue needed to be resolved before a certificate of occupancy would be issued. The anticipated completion date, as estimated by City staff, is mid to late September. sy ♦ The City is usually agreeable to collecting the connection charges over a period of time. This is accomplished by the execution of a waiver of hearing which allows the City to assess the property. ♦ The City's process is not designed to fmd or correct errors; it is in place to ensure that all properties pay their proportionate share of the area charges and lateral benefit charges. As previously noted, errors, although not present in the case of Villaume Industries, may or may not be a part of the unique circumstances associated with particular property. ♦ The City uses ponding credits when appropriate in the storm sewer system of area charges. All area is otherwise included in the area charges regardless if runoff flows to natural ponds or drainage systems. In other words, the system is based on total acreage across the entire City. Issue Should Villaume Industries be required to pay the identified storm sewer drainage connection charge or should some or all of the identified charge be deferred or waived. Attachments: ♦ Letter from James M. Njus, Attorney representing Villaume. ♦ Copy of the City Code authorizing storm drainage connection charges. an,%a) City Administrator Attachments TLH/vmd 'e-5- Alan R Nettles* Daniel B. Johnson* Earle T. Anderson, Jr.*t James M. Njus*t' Neil M. Meyer* Michael B. Braman* *Admitted in Minnesota tAdmitted in Florida 'Admitted in Michigan Tom Hedges City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122 MEYER & NJUS, P.A. 5000 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402.4121 (612)341-2181 Fax (612) 337-5894 Offices also located in Chicago, Illinois and Southfield, Michigan June 3, 1997 RE: Storm Sewer Trunk Assessment - Lot 5, Block 1, Eagandale Centre Industrial Park No. 2 Dear Mr. Hedges: Carrie L. Selton-Hess*' Paul E. Bohnsack II* Steven A. Linder*e J. Scott Winstonte Paige A. Wildenbergle Andrew W. Martin*e •Admitted in Wiaxmin tAdntitted in Illinois "Admitted in Iowa - i - This office represents Villaume Industries, Inc., the fee owner of Lot 5, Block 1, Eagandale Centre Industrial Park No. 2. Villaume Industries has owned this tract of land continuously since November 9, 1967. Please note that Villaume Industries took title as Villaume Box & Lumber Co., but subsequently changed its name to Villaume Industries, Inc. It is our understanding that the Town of Eagan assessed Lot 5, Block 1 in the amount of $7,405.00 as and for storm sewer trunk on April 13, 1970. I believe it is also undisputed that that assessment has been paid in full. Additionally, there were also special assessments for street improvement and drainage, and sewer and water laterals made on September 15, 1969, and September 24, 1968 respectively. The amounts of these assessments, $3,527.34 and $8,698.50, respectively, have also been paid in full. It is my further understanding that the City of Eagan is now claiming that when it made its storm sewer trunk assessment in 1970 that it made an error in that it only assessed 8.5 acres of the 16 acre tract. To support that interpretation, the City of Eagan has produced handwritten notes indicating that the area assessed in Lot 5 was 8.5 acres. My client questions the interpretation that assessment in 1970 was, in any way, in error. Robert M. Linsmayer, President of Villaume. Industries in 1970 and now the Chairman of the Board, recalls a discussion with the City of Eagan regarding the natural drainage of Lot 5. It is an established fact that the front 8.5 acres of Lot 5 drains into the sewer system. However, the remaining 7.5 acres drains naturally towards the rear of the s6 Tom Hedges City of Eagan June 3, 1997 Page Two property and the run-off water flows along the railroad right-of-way to the highway and then into ponds north and west of Lot 5. My client assumes, we believe correctly, that Eagan made the logical assumption when it assessed the property in 1970 that as the topography was such that only 8.5 acres drained into the storm sewer system, that it would be inequitable to base the assessment on more than that acreage amount. Obviously, property may not be assessed unless it is benefited, and the assessment must be proportionate to the benefit. If you research the title to Lot 5, you will find that Villaume Industries acquired the tract as a 16 -acre tract and has never done anything to separate the acreage in any way, shape, or form. To the extent that the City of Eagan chose to assess the tract as if the acreage were less than the total acreage, it can only be presumed that this was done for reasons of fairness rather than reasons of any mistake. Based upon the history of this assessment, the fact that it was made with full knowledge of the total acreage owned by my client, and that the assessment made has been paid, my client respectfully requests that you undertake to investigate this matter further and, if your investigation concludes that the facts represented in this letter are accurate, that the City waive any further assessment of Lot 5 for the storm sewer trunk. JMN:baw CC: Villaume Industries, Inc. _!7 Very truly yours, MEYER & NJUS, P.A. �___' —1-,;2 A J` ames M. Njus MUNICIPAL AND PUBLIC UTILITIES § 3.07 arrangements for payments have not been made, all such delinquent accounts shall be certified to the city clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. Zb each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by council resolution. This assessment roll shall be delivered to the council for adoption. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. (Code 1983, § 3.06, eff. 1-1-83; Ord. No. 90, 2nd series, eff. 10-27-89; Ord. No. 194, 2nd series, eff. 1-12-95) Sec. 3.07. Stormwater drainage connection and availability charge. Subd 1. Stormwater drainage utility. A stormwater drainage utility for the city is hereby established. The municipal storm sewer system shall be operated as a public utility pursuant to Minn. Stat. § 444.075, from which revenue will be derived subject to the provisions of this chapter and to Minnesota Statutes. The stormwater drainage utility will be a part of the public works department and under the administration of the director of public works. Sub& 2. Purpose of funds derived and allocation of revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the storm sewer utility as established by the city. All revenues derived from the fee shall be credited to the appropriate storm sewer fund. Subd 3. Storm sewer utility fee. A. A storm sewer utility fee for connection and availability of the storm sewer facilities shall be determined by resolution of the council and shall be just and equitable. A charge for the connection and availability of storm sewer service may be imposed for all premises abutting on streets or other places where municipal storm sewers are located, whether or not connected to them. A charge for the availability and connection to the stoiin sewer service may, in the discretion of the council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. B. A storm sewer utility fee for use of the storm sewer facilities shall be determined by resolution of the council and shall be just and equitable. Charges made for the use of the facilities may be fixed on the basis of water consumed, or by reference to a reasonable classification of the types of premises to which the service is furnished, or by reference to the quantity, pollution qualities and difficulty of disposal of the water, or in any other equitable basis including, but without limitation, any combination of those referred to above. Subd 4. Adjustments. The council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. Subd 5. Exemptions. A. Public rights-of-way are exempt from the fees established in subdivision 3, above. CD3:7 WOA § 3.07 EAGAN CODE B. Vacant, unimproved land with ground cover and city -owned land are exempt from the fees established in subdivision 3, subparagraph B, above. Sub& 6. Billings. Bills for charges for the fee shall be made by the finance department. All bills shall be payable at the office of the finance director. Subd 7. Recalculation of fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the director of public works a written request for the recomputation. Subd 8. Collections. All fees are due on the due date specified by the city for the respective account and shall be delinquent 15 days thereafter. It is the duty of the city to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the city clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. lb each account there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by council resolution. This assessment roll shall be delivered to the council for adoption. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. (Ord. No. 101, 2nd series, eff. 5-25-90; Ord. No. 195, 2nd series, eff. 1-12-95) Sec. 3.08. Sanitary sewer connection and availability charge. Subd. 1. Purpose of funds derived and allocation of revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the sanitary sewer utility as established by the city. All revenues derived from the fee shall be credited to the appropriate sanitary sewer fund. Subd 2. Sanitary sewer utility fee. A sanitary sewer utility fee for connection and availability of the sanitary sewer facilities shall be determined by resolution of the council and shall be just and equitable. A charge for the connection and availability of sanitary sewer service may be imposed for all premises abutting on streets or other places where municipal sanitary sewers are located, whether or not connected to them. A charge for the availability and connection to the sanitary sewer service may, in the discretion of the council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. Subd 3. Adjustments. The council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. Subd 4. Exemptions. Public rights-of-way are exempt from the fee. Subd 5. Billings. Bills for charges for the fee shall be made by the finance department. All bills shall be payable at the office of the finance director. CD3:8 sy Agenda Information Memo August 5, 1997 Eagan City Council Meeting V. RESOLUTION SUPPORTING A VARIANCE FROM MnDOT SPACING STANDARDS FOR LOGO SIGNAGE ON 35-E SOUTH AT LONE OAK ROAD ACTION TO BE CONSIDERED: To approve a resolution supporting a variance from MnDOT spacing standards for logo signage on 35-E, south of Lone Oak Road as presented. FACTS: The City is in receipt of requests by the Eagan Convention & Visitors Bureau and Hampton Inn for assistance in providing adequate directional signage for the hotel properties located at the intersection of I -35E and Lone Oak Road. The hotel has previously approached MnDOT and its signing contractor Minnesota Logos, and has had the request turned down because of spacing limitations. • Staff has investigated the standards and has prepared a resolution requesting a variance from the spacing standards for a variety of reasons. This resolution builds on City Council's previous support for freeway logo signage in lieu of off-site business signage or oversized pylon signage and it recognizes that the most safe and efficient access to roadside facilities will benefit not only Eagan businesses but the travelling public in general. ATTACHMENTS: Resolution on pages ZZ— through. (o CITY OF EAGAN RESOLUTION REQUEST FOR A VARIANCE TO THE MNDOT SPACING GUIDELINES FOR LOGO SIGNAGE ON SOUTHBOUND 35E BETWEEN 494 AND LONE OAK ROAD WHEREAS, the City of Eagan supports the use of freeway logo signs as an effective and desirable means of assisting the traveling public to locate destinations of traveler's services such as food, gas and lodging in the immediate area of the freeway system, and WHEREAS, the City of Eagan also supports the use of freeway logo signs to encourage the safe and efficient movement of traffic where the state, county and city road systems connect, and WHEREAS, an area of hospitality uses isin place and growing at the intersection of 35E and Lone Oak Road which serves the traveling public using 35E, 494 and the international airport, and WHEREAS, the depressed design of 35E in this area presents special challenges for the visibility of hospitality businesses at this intersection, and WHEREAS, it has been indicated that MNDOT sign spacing standards limit the ability of the State to place freeway logo signage on southbound 35E between 494 and Lone Oak Road to improve access and visibility for these hospitality businesses, and WHEREAS, the City is supportive of its hospitality sector as a healthy and contributing part of Eagan's economy, and WHEREAS, the City of Eagan believes there are extenuating circumstances which justify consideration of a freeway logo sign in this location without adversely affecting the safe and efficient flow of traffic on the interstate system, and WHEREAS, the alternatives for improved access and visibility for businesses at this location would place more traffic on other County roads that are already congested, NOW, THEREFORE, BE IT RESOLVED that the City of formally requests that MNDOT approve a variance from the freeway sign spacing guidelines to permit the location of a freeway logo sign on southbound 35E between 494 and Lone Oak Road. 6/ Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL LIM Attest: CERTIFICATION Its Mayor Its Clerk 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 5th day of August, 1997. E.J. VanOverbeke, City Clerk Ga Agenda Information Memo August 5, 1997 ACTION TO BE CONSIDERED: To reschedule the final assessment public hearing from August 19 to September 2, 1997. FACTS: • On July 15, the City Council received the final assessment roll for the street rehabilitation within the above -referenced subdivisions and scheduled a final assessment public hearing to be held on August 19. • City staff have routinely held informational neighborhood meetings to review the proposed final assessments with all affected and/or interested property owners prior to the formal public hearing. Due to various vacation schedules, the key City staff were not able to schedule an informational neighborhood meeting prior to the August 19 public hearing. Therefore, staff is requesting the City Council to reschedule the formal public hearing to September 2, 1997, which will allow an informational neighborhood meeting to be held on Thursday, August 21, at 6:30 p.m. ATTACHMENTS: • Letter of notification, page V/3 dtV AFa+C1gan THOMAS EGAN Mayor July 30, 1997 PATRICIA AWADA BEA BLOMQUIST Re: Final Assessment Informational Meeting Notice — Thursday, August 21, 1997 SANDRA A. MASIN Final Assessment Public Hearin Notice — Tuesday September 2 THEODORE WACHTER Hearing P Council Members City Project 702, Woodgate 2"d Addition THOMAS HEDGES Street Reconstruction Improvements City Administrator Dear Property Owner: E. J. VAN OVERBEKE City Clerk On May 20, 1996, the Eagan City Council authorized the reconstruction of the streets within the Woodgate 2nd Addition. This improvement has now been completed, all costs tabulated and a final assessment roll prepared. The City Council has scheduled a public hearing for Tuesday, September 2, 1997, 7:00 p.m., at the Eagan Municipal Center. Enclosed please find formal Notice of Public Hearing for the adoption of this assessment roll. The final assessment roll prepared for the above referenced improvement results in an assessment cost of approximately $1,736.50 per Single Family lot and $1,302.38 per Townhome Dwelling Unit. The final costs are 37% less than the estimated and appraised benefit amount of $2,756 per Single Family lot and $2,067 per Townhome Dwelling Unit which was presented at the original Public Hearing. This was primarily the result of extremely competitive bids and good contract management. If you have any questions regarding the final assessment amount or the finished project, an informational meeting has been scheduled for 6:30 p.m., on Thursday August 21, in the Eagan City Hall Council Chambers. Due to the limited time available for staff to adequately address individual concerns during the formal public hearing on September 2, it would be beneficial for you to attend this scheduled informational meeting on August 21. 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. Thank you for your excellent cooperation and patience during this public improvement project. We hope that the City was able to meet your expectations. Sincerely, w omas A. ColbertP.E. Director of Public Works TAC/ds cc: Mayor & City Council c/o Tom Hedges, City Administrator Stan Lexvold, Construction Supervisor Steve Gatlin, Maier Stewart & Associates Jerry Wobschall, Financial Consultant Enclosure: Final Assessment Hearing Notice MUNICIPAL CENTER 3830 PILOT KN0B ROAD EAGAN, MINNESOTA 55122-1897 PHONE; (612) 681-4600 FAX (612) 68 -4612 TDD. (611 2) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE (612) 681-430C FAX (612) 681-4360 TDD; (612) 454-8535 Agenda Information Memo August 5, 1997 ACTION TO BE CONSIDERED: To approve Change Order No. 1 to Contract 97-06 (Project 714 Donald Avenue — Street Rehabilitation) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 15, the City Council held a public hearing and approved the street rehabilitation for Donald Avenue from Yankee Doodle Road to Letendre Street. The scope of this work consisted of primarily removing isolated sections of pavement through a patch and repair procedure and then constructing a 1'/z " overlay over the entire street. • Based on very favorable and competitive unit bid prices, the City is able to remove and recycle the entire existing bituminous surface, add it to the gravel base structural section and construct a new 3" bituminous mat for the same price that was estimated in the feasibility report for the overlay. • This street reclamation and new pavement surface will provide a longer life and stronger pavement section than would the original proposed patch and repair with an overlay. This is recommended for consideration to the City Council only because the economics of the competitive bid prices provide for an improved project at the same estimated cost. • The Change Order consists of deleting quantities totaling approximately $40,700 and adding unit quantities totaling approximately $40,100 for a net deduct of $600 to the overall contract. �S Agenda Information Memo August 5, 1997 Eagan City Council Meeting Y. RECOMMENDATION, ECONOMIC DEVELOPMENT COMMISSION, AMENDMENT OF REVOLVING LOAN FUND GUIDELINES, APPLICATION DEADLINES ACTION TO BE CONSIDERED: To approve a recommendation by the Economic Development Commission to amend the City's revolving loan fund guidelines to incorporate appropriate applications deadlines. FACTS: At its meeting of July 24, the Economic Development Commission reviewed the revolving loan fund guidelines and recommended the addition of language setting a 60 day completed application deadline from either the submission of a Department of Trade & Economic Development Part 1 application or a formal submittal of the revolving loan fund request to the Economic Development Commission. The purpose of this addition is to encourage applicants to move forward expeditiously with revolving loan fund requests so that reviews can be completed in a timely manner and that funds can be kept available for all applicants. While this requirement places an obligation on the applicants, it is done in the context of the Commission's commitment to keeping the program simple and accessible for Eagan businesses. ATTACHMENTS: 0 RLF guidelines on pages �-7 through J61 Amended language is underlined. REVOLVING LOAN FUND GUIDELINES CITY OF EAGAN I. BACKGROUND Revolving Loan Funds (RLF) have become and increasingly popular business financing tool because of their ability to leverage public and private dollars and recycle funds as well as their flexible design and simply operation. RLFs provide firms with direct loans, loan guarantees and other financial assistance. As the RLF receives the principal and interest from outstanding loads, the money is made available to another borrower. This recycling of funds makes RLFs particularly valuable in light of the growing scarcity of development funds. RLF's are designed to alleviate the high cost and short supply of capital for urban businesses by providing flexible loan terms. Typically, RLFs lower the rate, lengthen the term, or reduce the risk of a loan. By increasing accessibility to capital, RLFs help firms expand, develop or remain in urban areas. By providing critical subordinate financing for a loan package instead of 100% direct financing, RLFs are an effective tool for leveraging. RLF loans are typically combined with other public or private dollars. H. OPERATING BASIS The following are key factors in operating a successful RLF: 1. Reduce political influences on the loan selection process as much as possible. 2. Simplify the RLF loan terms and conditions as well as the approval process so that they do not seem complicated, time consuming or cumbersome to the applicants. 3. Design the loan terms and conditions that allow the City to assume greater risks than those private lending institutions are willing to take, but do not make them so risky that the City assumes bad debts. 4. Allow for flexibility in establishing loan terms and conditions to tailor loans to the needs of individual firms. 5. Establish clear goals and objectives for the RLF. 6. Establish and maintain a good working relationship with local private financial institutions. 7. Structure the RLF loan committee and other advisory bodies to include representatives and officials interested in the RLF. 8. Operate the RLF in a businesslike and professional manner. 9. Eliminate or reduce federal requirements with which clients must comply. The following are types of financial assistance that can be given to encourage economic development: 1. Make companion or second loans which can reduce the overall interest rate; 2. Give direct loans at favorable interest rates and terms; 3. Guarantee loans made by private lenders; 4. Provide the required loan injection for SBA 503 loans; 5. Arrange interest subsidies together with private lenders; 6. Provide collateral for private financing. III. TARGETED AREAS WITHIN THE CITY OF EAGAN Industrial zoned districts. 2. Other Commercial zoned districts. 3. Other business districts (PUD's, Cedarvale, etc.) IV. TYPES OF ADDISTANCE - IN ORDER OF PRIORITY Existing, business expansion. Defined as Industrial/Commercial related expansion and costs related thereto including land and building acquisition and constriction, remodeling, equipment acquisition, and public facilities improvements. 2. Business equipment acquisition. Defines as the purchase of additional depreciable assets for the purchase of expanding Commercial/Industrial activities. 3. Development of new Business. Defined as the establishment of new, non- competitive Industrial/Commercial business in all phases including land and business acquisition and construction, remodeling, and equipment acquisition. IV. CRITERIA FOR THE USE OF RLF PROCEEDS 1. Applicants equity participation must equal at least 5% of the total fixed asset Costs of the project. 2. Loans may be in junior collateral position to the major source of project financing unless RLF proceeds are the primary source of funds. 3. Terms of the loan should coincide with the term of the private portion of the loan, but may be shorter or longer depending on the circumstances. 4. The interest rate of the direct RLF loan should be approximately four to five points below the prime rate. 5. The applicant must meet the underwriting criteria of the private financial institution participating in the project. 6. The job/RLF assistance ratio for each project should be approximately $5,000 per job. 7. Eligible costs include land and building acquisition and construction, remodeling, equipment acquisition, and public facilities improvements. Assets pledged, as collateral must be approved by both the City and the participating private financial institutions. 8. RLF proceeds cannot be used to transfer ownership through acquisition of fixed assets unless the transfer results in a physical remodeling or expansion project approved by the City. 9. The minimum leverage ratio should be 2:1 private debt to RLF debt. 10. If the RLF proceeds are in the form of a principal reduction or interest write-down, 100% of the proceeds need to be repaid. The maximum subsidy payment period will be three (3) years. An additional two (2) years of repayment deferral may be given. Interest will be charged at a minimum rate of 3% on the two-year deferral period. There will be no accrued interest on the principal for the subsidy payment period. If repayment is deferred, the rate would not be less than 4%. 11. The maximum RLF money in each project will be $25,000. A I , 61101111.7OM1DM►`ilK� Applicants must provide current records in a form acceptable to the City. 2. Applicant must provide valid bids for the work or equipment proposed. 3. The City must have available to it projections or pro -forma to support repaymentability no later than 60 days following the complete submission of Part I with DTED or submission of an RLF application to the City. 4. The Economic Development Commission (EDC) mgy Uprove a request for an extension on the required projections or pro -forma if substantial progress or work has been completed. The EDC has the discretion to grant and/or determine the lenp,th of the extension. MI Agenda Information Memo July 15,1997 Eagan City Council Meeting Z. RESOLUTIONS, AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM. CEDARVALE AREA REVITALIZATION PROJECT AND EAGAN CENTRAL AREA PROJECT ACTIONS TO BE CONSIDERED: To approve a Resolution authorizing application for the Livable Communities Demonstration Program for the Eagan Central Area Project. To approve a Resolution authorizing application for the Livable Communities Demonstration Program for the Eagan Cedarvale Revitalization Project. FACTS: The Metropolitan Livable Communities Act authorizes the Metropolitan Council to provide funds through the Livable Communities Demonstration Account for projects that demonstrate creative and innovative models of compact and efficient development linking land uses and systems: housing, employment, transit, commercial, community institutions and public spaces. $4.1 million is available in the 1997 funding cycle. The City has identified two project areas that would make good candidates for this type of funding: Cedarvale and the Centfal Area. Applications are being prepared for the submittal deadline of August 8. The project summaries are attached. In Cedarvale, the project would consist of a feasibility study for a Redevelopment District and a Redevelopment Plan, including a revision to the market study done about 6 years ago. In the Central Area, the project would consist of the HRA senior housing, pedestrian improvements in the southeast quadrant and associated streetscaping modifications, and a transit circulator feasibility study. BACKGROUND/ATTACHMENTS: (4) Cedarvale Resolution, page. Cedarvale Project Summary, pages through 911. Central Area Resolution, page �. Central Area Project Summary, pages through. 70 RESOLUTION NO. 97 - CITY OF EAGAN, MINNESOTA A RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM CEDARVALE AREA REVITALIZATION PROJECT WHEREAS the City of Eagan is a participant in the Livable Communities Act's Housing Incentives Program for 1997 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS the City has identified a proposed project within the City that meets the Demonstrations Account's purpose/s and criteria; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Eagan, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on August 8, 1997; and BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Eagan and to execute such agreements as are necessary to implement the project on behalf of the applicant. This resolution passed this day of the City of Eagan, Minnesota. Attest: E.J. VanOverbeke, City Clerk W/planning/resoludon — cedarvale area �1/ LOU 1997 by the City Council of Thomas A. Egan, Mayor PROJECT SUMMARY FORM (1997) Livable Communities Demonstration Account Project Name: Cedarvale Area Revitalization Program Project Location: The Cedarvale Area is located in the southeast quadrant of the intersection of T.H. 77 (Cedar Avenue) and T.H. 13. The area lies on either side of Cedarvale Boulevard and Beau -de -Rue Drive Between Nicols and Silver Bell Roads in the City of Eagan. Project Description: In 1982, the Department of Transportation reconstructed and relocated the intersection of T.H. 77 and T.H. 13 as part of the Cedar Avenue Freeway improvement. The Cedarvale Commercial Area which had benefited by its location at the previous at -grade intersection of those roads suffered reduced accessibility and visibility as a consequence of these improvements. Specifically, the roadways now bypass the area through a cloverleaf interchange and the grading of the interchange and the construction of sound attenuation berms limit the visibility of the area from the traveling public. The community shopping and roadside business opportunities in the area began to decline as a result of these factors and the introduction of discount grocery and retail facilities in other areas of the City. The area has evolved over time and, while certain destination and recreational uses remain successful, other properties are deteriorating and underutilized. In recent years, the City of Eagan and the Cedarvale property owners have collaborated in efforts to revitalize the area and change its focus to better serve the residents of the community, to take advantage of the regional amenities in the immediate vicinity and to compensate for the circumstances caused by the road realignment. Certain aspects of this partnership will be commercial in nature, attempting to encourage hospitality and lodging opportunities that complement the freeways, the Mall of America and the airport. Other aspects of the planned revitalization of the Cedarvale area recognize the potential interaction of commercial development with recreational and transportation opportunities for residents of the single and multi -family housing areas surrounding Cedarvale. Concepts include the continuation of the City's pedestrian and bicycle trail system through the area and its connection with the regional trail system in the Minnesota River Valley and across the Cedar Avenue Bridge. Building on such opportunities and the remaining recreational businesses in the area, including Grand Slam Amusements and the Cedarvale Bowling Center, the City and area business people hope to encourage a concentration of activities which would be attractive to both the immediate residential population and the traveling public. The City is seeking this grant to assist with the planning and implementation of improvements to refocus and intensify the existing land uses within the area, to build on and better integrate existing mixed uses and mixed income housing and to create recreational transportation linkages between the City, the region and its amenities. ti Special Features: 1. Offers opportunities for multi -modal and recreational in relation to the Minnesota River, the Mall of America and the freeway system. 2. Includes and is in proximity of a number of concentrations and types of affordable housing. 3. Provides for the connection of Eagan's highly developed bicycle and pedestrian trail system with the regional system. 4. Builds on existing efforts to encourage community interaction including a recently initiated outdoor craft market. 5. Offers an opportunity to recreate the community's historic railroad station as part of a recreational amenity. Status of Prol2osal: In 1994, the City of Eagan established the Cedarvale Special Service District to provide for area wide maintenance and signage to improve the image and visibility of the area. The district has the authority to contribute to public improvements and amenities outside the ordinary scope of City activities. In 1997, the property owners are approaching the City requesting the creation of a tax increment financing district to.assist with the acquisition and assembly of substandard properties for redevelopment purposes. The City has previously submitted an application for ISTEA funding for a trail head, trail connection and interpretive center which would have linked the project area with the regional trail system through a reconstructed version of the historic Nicols Railroad Station. This application was not funded. Contact Person: Jon Hohenstein or Lisa Freese City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Phone: 6814600 Fax: 6814612 Email: jhohensteinaci.eaean.mn.us or lfreese@ci.eagan.mn.us 1�3 RESOLUTION NO. 97 - CITY OF EAGAN, MINNESOTA A RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM CENTRAL AREA PROJECT WHEREAS the City of Eagan is a participant in the Livable Communities Act's Housing Incentives Program for 1997 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS the City has identified a proposed project within the City that meets the Demonstrations Account's purpose/s and criteria; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Eagan, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on August 8, 1997; and BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Eagan and to execute such agreements as are necessary to implement the project on behalf of the applicant. This resolution passed this day of the City of Eagan, Minnesota. Attest: E.J. VanOverbeke, City Clerk W/planning/resolution — central area �5_ La 1997 by the City Council of Thomas A. Egan, Mayor Project Summary Form (1997) - Livable Communities Demonstration Account Project Name: City of Eagan Central Area Pro 'ect Location: Eagan's Central Area includes the four quadrants centered on the Yankee Doodle Road/1-35E Intersection. The general boundaries of this district are shown in Exhibit 1. Pro ect escri tion: In 1995 the City of Eagan adopted a commercial land use plan for the central commercial area of the community. This area currently supports the City's highest density housing, most significant retail/service area and highest employment concentrations. In this plan, the City has adopted policies to encourage the concentration of mixed-use activity through zoning and infrastructure investment. The City is seeking this grant to assist with the implementation activities of this plan. There are four implementation elements presently identified: > Affordable senior housing — The Dakota County HRA has acquired a 19 acre property through the tax forfeiture process in the heart of the Central Area. The HRA intends to develop, with a significant financial contribution from the City of Eagan, a 65 unit independent living facility. In future phases the County and the City would like to develop more independent living and assisted living housing, a long term care facility and/or a senior center on this site. > Pedestrian improvements- The City desires to retrofit the Central area by adding about 40,000 lineal feet of sidewalks, trails, etc. primarily the older commercial and residential areas where development pre -dated the plan. In order to link this improvement to the senior housing project, the city intends to begin in the southeast quadrant of the central area with this project. Financing and maintaining such improvements is complicated by the suburban design of the existing development in this quadrant. It is very difficult to develop an equitable financing strategy. The City desires to: 1) find resources to assist with the capital costs for the trail system; and 2) develop a mechanism such as a Special Service District in concert with an advisory property/business owners association to provide direction and funding for maintenance and snow -removal. > Streetscaping: As an extension of the Plan, the City developed a streetscaping concept for the Yankee Doodle corridor. The program includes intersection treatments, bridgehead enhancements, lighting and a potential grant program for property owners along the corridor to improve their street edge landscaping to fit in with the concept. > Transit Circulator Feasibility Study. The Yankee Doodle corridor serves as Eagan's largest employment corridor with the presence of the communities major employers: West Publishing, Lockheed Martin, Unisys, Northwest Airlines, and Blue -Cross Blue Shield of Minnesota. This corridor is also where some of Eagan's high density and most affordable housing are concentrated. Most of the transit service in the community is focused to serve commuters to the central cities. The City would like to work with transit providers to determine the feasibility of a circulator service and methods of financing such a service. 26 Central Area Project Summary 06/20/97 Page 2 Smecial Features: I. Adds housing type currently not provided in this area of town contributing to a local goal of providing housing balance with the community as well as affordable housing. 2. Locate senior housing in portion of community where appropriate supporting services are located or are feasible to develop. 3. Develop and maintain streetscaping and trailway/sidewalk enhancements along a major public highway corridor to develop human scale to encourage and support pedestrian activity. 4. Incorporate a local circulator system in proximity to an existing Park and Ride location to enable traditional and reverse commute options through that Hub and provide transit connectivity to the area's retail, housing, services and jobs. 5. Facilitate the development of a business association in the Central Area to serve as a conduit for initiating civic and private activities. Status of Proposal: Senior Housing: financing options for phase 1 determined, zoning approvals underway. Pedestrian improvements: Northeast quadrant sidewalks were installed with the development of Eagan Promenade. Other locations have been identified, costs estimated and financing options are being explored. Two planned road projects will include the installation of approximately 11,000 lineal feet of sidewalks/trails in 1997 & 1998. The next phase will concentrate in the southeast quadrant. Streetscaping: Concept design developed and endorsed by City Council in 1995. Phase 1 included bridgehead treatments and lighting - completed with Yankee Doodle upgrade in 1996 & 1997. Phase 2 -major intersection treatments, remaining contingency funds from the road project are to used -if funding available in 1998. Phase 3- adjacent property owner grant program not scheduled. Transit Study: Introduced to Dakota County and MVTA staff. No official action by City Council has occurred at the time of this submittal. contact Person: Lisa J. Freese, Senior Planner Community Development City of Eagan 3830 Pilot Knob Road Eagan MN. 55122 Phone: 681-4688 Fax: 681-4612 Email: Vxeese@ci.eagan.ma.us Agenda Information Memo August 5, 1997 _.......................... ......_...... . PUBLIC HEARINGS ACTION TO BE CONSIDERED: To close the public hearing and approve the reassessment of Parcel No. 016-58, Sec. 21, under Project 682 (Deerwood Townhomes — Utility Extensions) and authorize its certification to Dakota County. FACTS: On June 3, the City Council held a final assessment public hearing for the improvements associated with Project 682. At that time, there were several objections submitted. Although the City Council adopted the final assessment roll, they directed staff to pursue negotiations with objecting property owners to try and resolve their concerns. • On July 1, the City Council approved several agreements providing for different deferments and abatements of the previously adopted special assessment roll. At that time, the City Attorney recommended that the City Council schedule a new final assessment public hearing for Parcel No. 016-58, Sec. 21, to address the concerns of the affected property owner regarding splitting the assessments between the property owner and the City's new Deerwood Reservoir property which had been acquired recently. • All notices have been published in the legal newspaper and sent to the affected property owner informing them of this new reassessment hearing scheduled for August 5. As of this date, the staff has not received any objection to the proposed reassessment amount. The original parcel was assessed $116,737 which included the City of Eagan reservoir site. The reassessment for Parcel 016-58 is $104,304 with $12,433 being allocated specifically to the City's water reservoir site. Agenda Information Memo August 5, 1997 FI-Inut .. ACTION TO BE CONSIDERED: To close the hearing and approve the final assessment roll for Project 712 (Surrey Heights — Streetlights) and authorize its certification to Dakota County. FACTS: • On April 15, 1997, the City Council held a public hearing and subsequently approved the installation of neighborhood streetlights within the Surrey Heights subdivision. • The installation of these streetlights was performed under contract with Dakota Electric Association. Upon completion of the work, a final assessment roll was prepared and presented to the City Council on July 1 with a public hearing scheduled for August 5. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any objections to the proposed assessments. ATTACHMENTS: • Summary assessment roll, page. �9 FINAL ASSESSMENT HEARING PROJECT NUMBER: 712 ASSESSMENT HEARING DATE: August 5. 1997 SUBDIVISION/AREA: Surrey Heights 1-7 PUBLIC HEARING DATE: April 15, 1997 IMPROVEMENT INSTALLED AND/OR ASSESSED: Streetlights F.R. = Feasibility Report SANITARY FINAL F.R. STORM FINAL F.R. SEWER RATES RATES SEWER RATES RATES ❑ Trunk ❑ Trunk ❑ Laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/Trunk ❑ Lat. Benefit/Trunk WATER ❑ Trunk ❑ Laterals ❑ Service 1 inch ❑ Service 6 inch ❑ WAC ❑ Lat. Benefit/Trunk SERVICES ❑ Water & San. Sewer STREETS ❑ Gravel Base ❑ Surfacing ❑ Res. Equivalent ❑ Multi Equivalent ❑ C/I Equivalent. ❑ Trail STREET LIGHTS $1,323.38 $1,623.96 X❑ Installation ---L--77,',3 83.1 /Lot ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT NO. PARCELS TERMS RATE ASSESSED $15,600.00 F.R. DEA 169 ---L_Yrs. 7 % $14.398.32 COMMENTS: CITY FINANCED $ 0 F.R. Agenda Information Memo August 5, 1997 U_ \ ACTION TO BE CONSIDERED: To close the public hearing and approve/deny the vacation of a drainage and utility easement as described over Lot 1, Block 1, Galaxie Cliff Plaza 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: On July 15, the City Council received a petition from the developer of the Galaxie Cliff Plaza 3rd Addition requesting the vacation of an underlying drainage and utility easement over a common lot line of Lot 1, Block 1, Galaxie Cliff Plaza 2nd Addition. This vacation was necessary to allow the replatting into the 3rd Addition. Upon receipt of the petition, the Council scheduled a public hearing to be held on August 5 to formally discuss this request. All notices have been published in the legal newspaper and sent to all potentially affected parties informing them of the public hearing date. As of this date, City staff has not received any objections to this request. ATTACHMENTS: Staff report with location map and easement description, pages PCX'), through . ENGINEERING REPORT CITY OF EAGAN REPORT DATE: July 25,1997 REQUEST: EASEMENT VACATION LOCATION: LOT 1, BLOCK 1, GALAXIE CLIFF PLAZA 2ND ADDITION PETITIONED BY: HERB WENSMANN REPORT BY: CRAIG E. KNUDSEN, ENGINEERING TECHNICIAN Backround Herb Wensmann has petitioned the City to vacate the drainage and utility easement along the westerly property line of Lot 1, Block 1, Galaxie Cliff 2nd Addition. This vacation results from the proposed construction of an office building on the recent replat of Galaxie Cliff Plaza 3rd Addition. Although this a portion of Galaxie Cliff Plaza Second Addition has been replatted into the Third Addition the subject easement is now located within Lot 1, Block 1, Galaxie Cliff Third Addition and will remain in place unless vacated. As a result the title of the property will carry a cloud and conflict with future development of the lot. Sense this was a replat, a review of Galaxie Cliff Plaza Third Addition has been done and all necessary easements were dedicated at the time of final plat. Notifications and Responses Public notice for the vacation of this easement was published in the City's legal newspaper. Additional notices were provided as standard procedure to parties who may have an intrust in the easement vacation. The City has not received any objections based on the notices. Recommendation It is recommended that the City vacate the easement as described on the attachments. Attachment: Location Map Legal & graphic m S.aF NT A4 S.KYLE NArf ply i' 1 7. pR TAPE? Y =Pc� ! _ —,EF . A XF TER ,/ / ? �/ Q PROPOSED VACATION � � CLIFF J WALNU�. a CO. RD. 32 — _ — — — — - ,I ( NOK1A NOK1A 3O 'NAY G ` RAHN /. GALAXIE AY I 3 �N WAY = I CT. .� p�� CT. G� O 99� 1 2 � •J CL G ��•I uj KARlg �2 v" Q� �C Q,c. 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Q PARy Q a 9 'S APR IIA LLE K - �% SECTION j^ Q LJ\-j p 'CCC city of eagan PUBLIC LOCATION MAP WORKS DEPARTMENT 0 P W 0 y ,g � I I 1� V O Z ♦ r M i •S� L: n I tzIL �♦ O e� n 4 > F r z I. - � I r • V a. eZ c 3 s e a o t3 • t - - __ = 11 t•5----- H o o pp • Z i •O O � t o I r N 2 2 i • t • I 4V 74 r9 4; i + �• �t t•Sz 0 • I l I -= D C= 1F� Y •.�1 aI i= 3 O • h O .. Q) ii o 3 3 O H V � �o� .o t: \ e 't7 eli O azz dA as 0 Is JA ✓ r ' / j \ cd0 ,�- • \ IL \• i �f `t,,, Vl p a� ` \ V Q) \ 4-i p y cc c (D >% ■LI do ic -01 ✓t tit° \`• f�/ �-�aL �` d '�; '� N � � � � ;For I • ' fes- • . ',xa. r, `O � ''r�. • le � / o "'••-M�Sl �� h 1•'GG•-_• •_ _.� __ 10'2.2 _ �—�// m Agenda Information Memo August 5, 1997 Eagan City Council Meeting NEW BUSYNT, SS A. AUTHORIZATION, FEASIBILITY STUDY, ELIGIBILITY FOR TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT CEDARVALE AREA ACTION TO BE CONSIDERED: To approve or deny staff authorization to proceed with a feasibility study to determine whether a portion of the Cedarvale area would be eligible for a tax increment financing redevelopment district under State Statute. FACTS: + Following the Chamber and City Business Forum concerning the Cedarvale area, the Chamber facilitated the reactivation of the Cedarvale Task Force, consisting of property and business owners in the Cedarvale area interested in revitalization activities. The task force has met several times since the business forum and participants have discussed a range of alternatives, including activities with a special service district, potential reconsideration of access improvements at Silver Bell Road, Beau D'Rue and Cedarvale Boulevard and other revitalization activities. As a part of its discussions, the task force is considering. possible uses of tax increment financing as a tool to assist in the redevelopment of the area. As with the Highway 55 redevelopment district, a first phase of any action in this regard would be to perform a site investigation and analysis to determine what portion of the area might be eligible for redevelopment status. From such an analysis, a decision could be made by the Cedarvale property owners and the City as to whether the tool would be effective in implementing a redevelopment plan. It should be noted that the property owners are asking only that the area be analyzed for eligibility at this point. + Members of the task force have gathered signatures on a petition requesting the Council to move forward with this activity. Because of the current work load in the City's Building Inspections Department, staff has contacted the Dakota County HRA, which has submitted a proposal to provide inspection services for the feasibility study in an amount not to exceed $5,460 for 52 buildings. If the City moves forward with the formation of a tax increment financing district, these costs would be eligible for recapture through future increments. If the Council feels that other funding sources should be identified, it would be possible to fund this activity as a consultant service in Community Development, utilizing excess funds created by existing vacancies, the activity could be postponed and implemented as part of the 1998 special service district budget or it may be possible to request that Agenda Information Memo August 5, 1997 Eagan City Council Meeting the task force use an allocation from the remaining funds collected through voluntary donations prior to the creation of the special service district. This fund is maintained by the Eagan Chamber of Commerce on behalf of the task force. ATTACHMENTS: • Signed petitions on pages through �� . Cedarvale 'bask Force Eagan Chamber of Commerce We, the undersigned, request that the .E.agn City Council approve the research required to determine if the Ce hnWe area is eligible for a Redevelopment Tax lnerement Financing District. We believe that solne type of financing mechanism is necessary to allow for the redevelopment and revitalization of the Cedarvale area and we would like the City to consider a redevelopment district for this purpose. 1. 2. 3. �r.1�w r vr�,�.•,J , � . 1A4MMI.�� .�'I 12E - � T- T-4- - ZIPFM - r"r-O � rOWA 12. 13. 14. 16. 17. 18. 19. 20. R-97% ?7 'S J.S - 41 q/ e-1 07-30-97 03:51PM P001 #04 Aft • Jai Cedarvale Task Force � ' Raga» Chamber ofCommems f'm j�rini ' We, the -andenigned, request that the Baan City Counait approvo to research required to determine if the Codarvale area is eligible for a Radm1opment Tax Ineramnt FWming Die'triat. We believe th&t scone type of Sinanaing mo at ij nmssW 0 allow for rho redevelopment and revitalization of the C darrrde xma and we would like the City to consider a radovelopmal district for this p+uepoIC. 3. L- 11 9. 10. 14. 16. _._._..�.— 18. 19, _. ....._ - 20, T'd ;fill : JI& GQ : V Z .461 bG ■'4L R=92% 07-30-97 12:41PM P001 #49 Agenda Information Item August 5,1997 Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - LOT 1, BLOCK 1, RAHNCLIFF 3'-D . ACTION TO BE CONSIDERED: To approve or deny a Planned Development Amendment to allow a four story, 100 -unit hotel with liquor on Lot 1, Block 1, Rahncliff 3' Addition located east of Rahn Road, on Rahn Cliff Court south of Cliff Road in the NWl/4 of Section 32. FACTS: • Rahncliff 3`d Addition was platted in 1989. The Rahncliff Commercial Planned Development designated this lot for 18,000 s.f. of retail. The proposed amendment to the PD is to allow a four-story, 100 -unit, Hilton Garden Inn to be located on Lot 1, Block 1, Rahncliff Yd Addition. • The Advisory Planning Commission (APC} conducted a public hearing on July 22, 1997. The APC recommended approval of the Planned Development amendment to allow a four- story, 100 -unit Hilton Garden Inn Hotel, with liquor service, subject to the conditions listed in the staff report. ISSUES: • Should I mention anything about the liquor, or do you think by adding it in the facts, plus the minutes, that will be enough? ATTACHMENTS: (2) July 22, 1997 APC Minutes pagesthrough fl Staff Report pages - ,through /O Z. Page 4 July 22, 1997 ADVISORY PLANNING CO"VUSSION PLANNED DEVELOPMENT AMENDMENT NUE AND TORGERSON II, L.L.P. Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment allowing a 100 -unit hotel to be located on Lot 1, Block 1, Rahncliff 3rd Addition located south of Cliff Road, east of Rahn Road, on Rahncliff Court in the NW'/4 of Section 32. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated July 15, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. A representative of the applicant, John Heffner, was available for questions. Commission Chair Heyl stated that this area was surrounded by commercial use. It would be the full service hotel that the APC has talked about, there was access near Cliff Road and it was also further from a residential area so she was in support of this project. Member Miller also noted his support of the project and stated that the height of the building would not be a problem because of where the development was located. Member Segal noted that the hotel had a shared entrance with the Dairy Queen and asked that careful attention be paid to how the Dairy Queen and Hilton traffic interact. In response to Member Miller's question as to whether the hotel would be an economic reality without a liquor license, the applicant Tom Torgerson stated that ownership of the Hilton perfectly mirrors that of the Green Mill. As to whether the hotel would be an economic reality without a liquor license, he was unsure at this time. Mr. Torgerson did not, however, this development would have all the prestipe that goes along with being a Hilton Hotel. Member Miller urged the APC to recommend approval of a liquor license. At this suggestion, Senior Planner Mike Ridley stated that the APC could amend the action before them to read " ... to construct a 100 -unit hotel with a liquor license ..." Member Miller moved, Member Burdorf seconded, a motion to recommend approval of a Planned Development Amendment allowing a 100 -unit hotel with a liquor license to be located on Lot 1, Block 1, Rahncliff 3rd Addition located south of Cliff Road, east of Rahn Road, on Rahncliff Court in the NW'/4 of Section 32, subject to the following conditions: ?10 Page 5 July 22, 1997 ADVISORY PLANNING COMMISSION 1. Execution of a Final Planned Development Agreement. The portion of the existing water main impacted by the proposed building location should be relocated at time of building permit. The accompanying drainage and utility easement that covers this existing main in the area of the proposed building will need to be vacated at time of building permit. All voted in favor. If approved, the proposed site plan will constitute the Final Planned Development for Lot 1, Block 1, Rahncliff 3rd Addition, which requires the developer to submit the following plans: * Final Site Plan * Final Building Elevations * Final Landscape Plan * Final Sign Plan 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. 9i PLANNING REPORT CITY OF EAGAN REPORT DATE: July 15, 1997 APPLICANT: Thomas Torgerson PROPERTY OWNER: M.G. Astleford Co. REQUEST: Planned Development Amendment LOCATION: Lot 1, Block 1, Rahncliff 3'd Addition CASE #: 32-RZ-18-06-97 HEARING DATE: July 22, 1997 PREPARED BY: Shannon Tyree COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD - Planned Development SUMMARY OF REQUEST Thomas Torgerson is requesting a Planned Development Amendment allowing a 100 -unit hotel to be located on Lot 1, Block 1, Rahncliff 3`d Addition located south of Cliff Road, east of Rahn Road, on Rahncliff Court in the NW 1/4 of Section 32. AUTHORITY FOR REVIEW Chapter 11.40 Subd. 5, Amendments (Including Zoning) states in part that zoning amendments may be initiated by the property owner, Planning Commission or City Council. Such requested require a public hearing, and approval requires an affirmative vote of 2/3rds if all members of the Council. BACKGROUND/HISTORY Rahncliff 3'd Addition was platted in 1989. It was developed as part of the Rahncliff 2' d Addition Planned Development. Lot 1, Block 1, Rahncliff 3'd Addition was originally designated in the Rahncliff Commercial Planned Development for a total of 18,000 s.f. of retail use. EXISTING CONDITIONS Lotl, Block 1, Rahncliff 3'd Addition is the last remaining piece of property to develop in the area between Cliff Road and RahncliffCourt. The site has been previously platted and graded. It is currently vacant. 9;?1- Planning Report - Hilton PD Amendment July 22, 1997 Page 2 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Rahncliff Shopping Center, zoned PD; guided CPD. South - Holiday Inn; zoned PD, guided CPD. East - Rahncliff Shopping Center; zoned PD; guided CPD. West - Bank; zoned PD; guided CPD. EVALUATION OF REQUEST Proposed Use - The applicant is proposing the site to be used as a 100 -unit Hilton Garden Inn Hotel. Setbacks - The site has been designed to accommodate all building and parking setbacks. Parking - The total amount of parking required for this 100 -unit hotel is 133 parking spaces, 145 - 9' spaces have been provided. Site Plan - The site plan is acceptable with a few minor modifications. The front yard area on either side of the lobby area which extends out from the four-story portion of the building will have to be modified in order to provide adequate fire protection. As proposed, the design would not allow the 85' aerial ladder truck access to fourth floor rooms "behind" the lobby buffet and lounge portion of the building. Landscape Plan - The landscape plan is acceptable with minor modifications. Because of some site plan changes the landscape plan will have to be modified. However, the plant material and design are acceptable. The plan shows perimeter and parking lot landscaping using a variety of plant materials such as Black Hills Spruce, Austrian Pine, Ash and Locust trees. Building plantings are shrubs including Hostas, Spirea, Russian Cypress and a variety of perennial beds. Concrete paver patios have been incorporated into the landscaping and building design. The patios are located off the west side of the building from the indoor pool area, at the SE side of the building where the conference rooms are located allowing meeting room doors to open and access to the outdoor patio to occur. Building Design- The main portion of the hotel is four stories and 58' in height. The front portion of the building is a single story with a vaulted ceiling and contains the vestibule, front desk, lobby, buffet, and lounge areas. The exterior materials will consist of two different colors of stucco. A light taupe color stucco (EIFS) is proposed for the first floor elevation with an 18" terra cotta color band above that. The second, third and fourth floors are designed to be a light tan color. The roof is proposed to be a green, standing seam, metal roof. The standing seam metal roof is consistent with other pitched roofs in the Rahn Cliff Planned Development. 93 Planning Report - Hilton PD Amendment July 22, 1997 Page 3 Trash/Recycling Enclosure - The attached trash and recycling enclosure is located on the north portion of the building. Signage - The proposed signage for the site has been proposed with the use of building mounted signage, a monument sign and directional signs. Building signage is shown on all four elevations of the buildings. The name "HILTON" is placed under the peak of the roof on each side. The letters are internally illuminated and are proposed at 127.5 s.f on the north and south sides of the building and 56 s.f. on the east ad west sides of the building. The proposed monument sign has been placed in the front yard directly in line with the front door of the hotel approximately 7' from the property line. City Code requires a 10' setback from public right-of-way. This can be accommodated on the final set of plans. The sign is Tin height and 9'6" in length. The copy on the sign reads "HILTON", in red letters and "Garden Inn", in white letters, with the Hilton logo, in red, in the upper left comer of the sign. The upper half of the cabinet is light gray and the lower portion of the cabinet is in a darker gray. Directional signs are identified on the plan at the north and south access points only. The signs match the gray and red colors of the monument sign with the copy reading "enter". Grading/Wetlands: The site is relatively open and flat. The site was graded with previous surrounding development and will require minimal grading to prepare the proposed building and parking lot construction. Storm Drainage/Water Quality: Storm sewer is available for connection within the site. This storm sewer drains to Pond AP -44, an existing storm basin within the RahnCliff Wh Addition south of the site. Utilities: Sanitary sewer is available for connection by the development along the west edge of the site. Water main extends through the site and is available for the development. A portion of the existing water main should be relocated to accommodate the proposed building location at time of building permit. Streets/Access/Circulation: Public street access is proposed onto RahnCliff Court at three locations; two entrances to be used exclusively by this development and one through a shared entrance with the Dairy Queen to the west. 9y Planning Report -Hilton PD Amendment July 22, 1997 Page 4 Easements/Permits/Right-of-Way: As mentioned above, a portion of the existing public water main within the site will need to be relocated to accommodate the proposed building location. The accompanying drainage and utility easement that covers the existing main in the area of the proposed building will need to be vacated at time of building permit for the proposed hotel. Park Dedication - Park dedication will be paid with the building permit. Compatibility with Surrounding Area - The area surrounding the property is has been developed with a variety of commercial uses including restaurants, a hotel, retail and service uses. The addition of this hotel appears compatible with the area. SUMMARY/CONCLUSION If approved, the proposed site plan will constitute the Final Planned Development for Lot 1, Block 1, Rahncliff 3'd Addition, which requires the developer to submit the following plans: * Final Site Plan * Final Building Elevations * Final Landscape Plan * Final Sign Plan 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. ACTION TO BE CONSIDERED A. To recommend approval or denial of the proposed Planned Development Amendment to construct a 100 -unit hotel subject to the following conditions: 1. Execution of a Final Planned Development Agreement. 2. 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Agenda Information Memo August 5,1997, Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT - NORWEST BANK MN ACTION TO BE CONSIDERED: > To approve or deny a Planned Development Amendment to the Site Plan to allow construction of a second drive -up automatic teller machine (ATM) at the existing Norwest Bank located on the northeast corner of Yankee Doodle Road and Pilot Knob Road, 3390 Pilot Knob Road, legally described as Lot 1, Block 1, Norwest 1st Addition, in the SW 1/4 of Section 10. FACTS: > The existing bank facility was constructed in 1983 and the site is under construction for a new entry and parking lot modifications which were approved by the City earlier this year. > This proposal involves widening the drive aisle at the southeast corner of the site, and constructing a concrete island for the additional ATM. Existing landscaping at the southeast corner of the site will be relocated. > The APC held a public hearing on July 22, 1997, and recommended approval of the Planned Development Amendment, subject to the conditions outlined in the APC minutes. ATTACHMENTS: July 22, 1997 APC Minutes, pages 0120tigh Staff Report, pages through f /09 Page 2 July 22, 1997 ADVISORY PLANNING CONQvIISSION PUBLIC HEARINGS PLANNED DEVELOPMENT AMENDMENT NORWEST BANK MINNESOTA Commission Chair Heyl opened the first public hearing of the evening regarding a Planned. Development Amendment to allow the addition, of a second automatic teller machine (ATM) for their facility at 3390 Pilot Knob Road (Lot 1, Block 1, Norwest 1st Addition) on the northeast corner of Pilot Knob and Yankee Doodle Roads. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated July 17, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. A representative of the applicant, Jeff Pflipsen, HTG Architects, stated that they would work with staff on landscaping and otherwise were available for questions. In response to Commission Chair Heyl's question as to why this issue was not brought before the APC months earlier, Mr. Pflipsen stated that the ATM had been removed from the vestibule so they were now down to one ATM machine and the traffic at this ATM suggests the need for another. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of a Planned Development Amendment to allow the addition of a second automatic teller machine (ATM) for their facility at 3390 Pilot Knob Road (Lot 1, Block 1, Norwest 1st Addition) on the northeast corner of Pilot Knob and Yankee Doodle Roads, subject to the following conditions: 1. The applicant shall enter into a Planned Development Amendment Agreement with the City. 2. The installation of the second ATM and widening of the drive aisle shall comply with the Site Plan dated July 1, 1997, and the two ATMs shall have the same appearance. 3. Additional landscaping shall be installed in the area of the pylon sign as described in the staff report with the specific elements of the landscaping subject to staff approval. All voted in favor. //d PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17,1997 APPLICANT: Norwest Bank PROPERTY OWNER: Norwest Bank Minnesota REQUEST: Planned Development Amendment CASE: 10-RZ-19-6-97 HEARING DATE: July 22, 1997 PREPARED BY: Pamela Dudziak LOCATION: 3390 Pilot Knob Road, Lot 1, Block 1, Norwest V Addition COMPREHENSIVE PLAN: CA, Central Area ZONING: PD, Planned Development SUMMARY OF REQUEST Norwest Bank is requesting a Planned Development Amendment to allow the addition of a second automatic teller machine (ATM) for their facility at 3390 Pilot Knob Road (Lot 1, Blockl, Norwest V Addition) on the northeast corner of Pilot Knob and Yankee Doodle Roads. AUTHORITY FOR REVIEW Chapter 11.40, Subd. 5, Amendments (Includin Zoning states in part that zoning amendments may be initiated by the property owner, Planning commission or City Council. Such requests require a public hearing, and approval requires an affirmative vote of 2/3rds of all members of the Council. BACKGROUND/HISTORY The property was platted as Norwest I' Addition in 1983. At that time a Planned Development was approved and a Planned Development Agreement executed which provided for the construction of a bank facility. The bank was constructed in 1983. Earlier this year, an amendment to this Planned Development was approved and Agreement executed which allowed modifications to the parking lot and a building addition to relocate the main entrance and lobby of the bank. The remodeling is currently underway. EXISTING CONDITIONS The site is already developed and with the current remodeling will consist of an 8,180 square foot bank building with six drive-through service lanes, 50 parking stalls, and one free-standing ATM. The existing ATM is located in the southwest comer of the site. Planning Report — Norwest Bank July 22, 1997 Page 2 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject site: North - Medical clinic; Zoned PD, Planned Development; Guided CA, Central Area South - Park and Ride lot and I -35E East - Hotel under construction, Zoned PD, Planned Development; Guided CA, Central Area West - Lockheed Martin; Zoned RD, Research and Development; Guided CA, Central Area EVALUATION OF REQUEST Description of Proposal Norwest is proposing to install a second ATM near the existing ATM at the southwest corner of the site. The ATM at this Norwest site has a very high volume of traffic and transactions. Norwest has indicated that the addition of a second ATM would allow them to better accommodate the high volume of traffic utilizing the ATM service and minimize stacking of vehicles. - Site Plan —As proposed, the drive lane would be widened, adding just under 500 square feet of pavement, and some existing landscape materials would be relocated. The proposed ATM will match the existing ATM in appearance. Compatibility with Surrounding Area — The Norwest Bank is located on the northeast corner of Yankee Doodle and Pilot Knob Roads. This intersection is one of the most heavily traveled and high profile intersections in the City. Consequently, with the convenience of the existing drive - up ATM, the amount of traffic and visibility of the bank and ATM, a large number of transactions occur at this drive-through facility. Access/Street Design — To accommodate a second drive -up ATM, the existing drive lane is proposed to be widened to 35 feet. The two ATMs would have separate drive lanes, each nine feet wide, with a 12 -foot bypass lane. The new ATM will sit on a five-foot wide concrete island. The area of the proposed ATM is generally flat and should accommodate the drive aisle expansion. Landscaping —The landscape design is proposed to remain the same with nine existing upright junipers being relocated. The relocated junipers will be between the ATMs and the public right of way. The Norwest Bank parking and ATM areas are approximately three to six feet below the elevation of Yankee Doodle and Pilot Knob road intersection. Because of the grade change, however, this landscaping provides little additional screening. The change in elevation from the public right of way to the ATM location screens the drive lanes and lower portion of the ATM from the street. Additional landscaping in the area of the sign, such as a grouping of ornamental trees, should be provided to add a vertical landscape element and improve aesthetics at this high profile intersection. //a Planning Report — Norwest Bank July 22, 1997 Page 3 Grading/Storm Drainage/Water Quality — Existing storm water runoff patterns will not be altered. The added impervious surface associated with the proposed change is negligible and its impact on runoff quantities and water quality insignificant. SUMMARY/CONCLUSION Norwest Bank is proposing to install a second ATM in the southwest corner of their site. The ATM and bypass lane can be accommodated on the site in the area proposed. However, the existing landscaping does not enhance the screening of the ATM or the appearance this high profile corner and additional landscaping is recommended. ACTION TO BE CONSIDERED To recommend approval or denial of a Planned Development Amendment amending the Site Plan to allow the addition of a second ATM for Norwest Bank at 3390 Pilot Knob Road, Lot 1, Block 1, Norwest V Addition. If approved, the following conditions should apply: 1. The applicant shall enter into a Planned Development Agreement with the City. 2. The installation of the second ATM and widening of the drive aisle shall comply with the Site Plan dated July 1, 1997, and the two ATMs shall have the same appearance. 3. Additional landscaping shall be installed in the area of the pylon sign as described in the staff report with the specific elements of the landscaping subject to staff approval. 0-;- 0 Av�-Ow I 1101 a 0 ivi ro 10 0.11�:I1101a■l'IF:10 2st BanK Minnesota_ NL7 Planned Opvainnmant Amonelme :MiUsl%[115:#'4V1111 Y.J.. ��� Zoning Map 01 m m 0 RD z RD g � y p GB A m PD K Current Zoning PD Planned Develpment Norwest Bank Case No. 10-RZ-19-06-97 «tyof���D"t Dmm t m //6 Z, 700 0 700 1406 Fee! ■ ■!". ■r' ii ..:i- -�� • � jai l• ■■ m PD K Current Zoning PD Planned Develpment Norwest Bank Case No. 10-RZ-19-06-97 «tyof���D"t Dmm t m //6 Z, 700 0 700 1406 Fee! 11i 4w Comprehensive Plan Map CA I 1 CA a 0 z Y AJ s i C Guide Plan Designation SCA Central Area Norwest Bank Case No. IO-RZ-19-06-97 City of E.g.n Community Development Department W � V i Y O d w ms a= 1q, YANKEE DOODLE ROAD ......... .worrr. LZ - ____A RECEIVED JUL — 2 lcQ? SITE PLAN EXISTING 1� 1 M m C) D r M m O Z N m m v x OCm mO�Z aCt� �m v_fm PILOT KNOB ROAD r ;m Z NEW, EXTG. -'f7 / `.� •/, My tD I I ! O SITE PLAN PROPOSED DESIGN 1 I 1 1I I rn 1 1 0 mm mm�IV, y� �:2 Z m .Z -Z•I O S m A 0= N Z� Z Z � C OH O cg Z nxC ZO NCD n nC) a �Z TI -! C Z r) C p rn r, Nm C O y�Og �CSj zt c-i� zczn o W 0� n a z O ~c� g� _ Z z o �m �> tnm c mJ,n C Z ''v c5 35 rn O x C vLnco O Z N n W ®-rm ,��, 1 ic" O �X -1' 1 CZ's m m O ! I rn � z Z NEW, EXTG. -'f7 / `.� •/, My tD I I ! O SITE PLAN PROPOSED DESIGN 1 I 1 1I I rn 1 1 0 mm mm�IV, y� �:2 Z m .Z -Z•I O S m A 0= N Z� Z Z � C OH O cg Z nxC ZO NCD n nC) a �Z TI -! C Z r) C p rn r, Nm C O y�Og �CSj zt c-i� zczn o W 0� n a z O ~c� g� _ Z z o �m �> tnm c mJ,n C Z ''v c5 35 rn O x C vLnco O Z N n Agenda Information Memo August 5,1997, Eagan City Council D. PLANNED DEVELOPMENT AMENDMENT — THOMAS LAKE PARTNERSHIP (Snyder Drug at Thomas Lake Center) ACTION TO BE CONSIDERED: > To approve or deny a Planned Development Amendment to the Site Plan to add a drive- through window for the Snyder Drug pharmacy in Thomas Lake Center, located at 1565 Cliff Road, legally described as Lot 1, Block 1, Thomas Lake Center, in the SW %4 of Section 28. FACTS: > Thomas Lake Center includes a strip shopping center and several freestanding commercial buildings. The Snyder Drug is located on the west end of the strip center which was constructed in 1987. > To accommodate a drive-through service lane, the north -south access drive at Thomas Center Drive would be converted from a two-way driveway to one-way southbound. A 12 -foot service lane and a 14 -foot bypass lane would be provided. Directional signage, striping and arrows would be added to assist motorists. > Building modifications include adding a window to the west wall of the Snyder Drug, installing a pneumatic tube to the curbside, and attaching a canopy to the building over the drive -up area. > The APC held a public hearing on July 22, 1997, and recommended approval of the Planned Development Amendment, subject to the conditions outlined in the APC minutes. ATTACHMENTS: July 22, 1997 APC Minutes, pages 0/ Staff Report, pages/�9 :2 through ,/�3 /ao Page 3 July 22, 1997 ADVISORY PLANNING CONIlvIISSION PLANNED DEVELOPMENT AMENDMENT UNITED PROPERTIES Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to add a drive-through window for the Snyder Drug pharmacy at 1565 Cliff Road, Lot 1, Block 1, Thomas Lake Center. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated July 17, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant, Tom Harrington of BRW Engineers, was available for questions. In response to Member Burdorf s concern about bike traffic through this area, the applicant stated that he had not considered bike traffic but thought that this may actually improve conditions for bikes as there would be minimal traffic going through from north and south. Member Miller moved, Member Burdorf seconded, a motion to recommend approval of a Planned Development Amendment to add a drive-through window for the Snyder Drug pharmacy at 1565 Cliff Road, Lot 1, Block 1, Thomas Lake Center, subject to the following conditions: 1. The applicant shall enter into a Planned Development Agreement with the City. 2. The applicant shall comply with the Site Plan dated June 26, 1997, and shall install all directional signage and pavement markings shown on the Site Plan. 3. Additional directional signage shall be installed to include "Do Not Enter" signs facing south at the south Xpress Lube access and arrows on the pavement indicating southbound only for that access. 4. Prior to the City releasing the Planned Development Agreement for recording, the applicant shall provide written documentation from the owners of Lots 2, 3, 4, 5, and 6, Block 1, Thomas Lake Center, that they agree to the proposed changes in circulation. All voted in favor. /a/ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 1997 APPLICANT: Thomas Lake Partnership PROPERTY OWNER: United Properties REQUEST: Planned Development Amendment CASE: 28-RZ-17-6-97 HEARING DATE: July 22, 1997 PREPARED BY: Pamela Dudziak LOCATION: 1565 Cliff Road — Snyder Drug, Thomas Lake Center COMPREHENSIVE PLAN: CSC, Community Shopping Center ZONING: PD, Planned Development SUMMARY OF REQUEST Thomas Lake Partnership is requesting a Planned Development Amendment to add a drive- through window for the Snyder Drug pharmacy at 1565 Cliff Road, Lot 1, Block 1, Thomas Lake Center. AUTHORITY FOR REVIEW Chapter 11.40, Subd. 5, Amendments(Including Zoning states in part that zoning amendments may be initiated by the property owner, Planning commission or City Council. Such requests require a public hearing, and approval requires an affirmative vote of 2/3rds of all members of the Council. BACKGROUND/HISTORY The original planned development proposal for the 600 acre Blackhawk Park Planned Development was submitted to the City in 1972 as "Eagan 500." The Blackhawk Park Planned Development Agreement was executed in June 1977 for a 15 year term. Thomas Lake Center was platted and the strip center on Lot 1 constructed in 1987. The Texaco on Lot 5 was constructed in 1989. Other free-standing businesses and the additional parking for Life Time Fitness were constructed in 1995 and 1996. EXISTING CONDITIONS The site is located in Thomas Lake Center. Snyder Drug is located on the west end of the strip center on Lot 1. Other businesses in the strip center include Jonathon Dental, True Value, Mailboxes Etc., Tavelink, etc. Free-standing businesses within Thomas Lake Center include Planning Report — Thomas Lake Partnership (Snyder Drug) July 22, 1997 Page 2 Video Update (Lot 3), and Car Care Muffler and Brake (Lot 4), Texaco (Lot 5), and Xpress Lube (Lot 6). Lot 2 provides additional off-site parking for Life Time Fitness north of Thomas Center Drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround Thomas Lake Center: North - Health club (Life Time Fitness), Zoned PD, Planned Development; Guided CPD, Commercial Planned Development South - Single -Family Residential (across Cliff Road); Zoned R-1, Single -Family Residential; Guided D -I, Residential Single Family (0-3 units /acre) East - Vacant; Zoned R-1, Single -Family Residential; Guided D -I, Residential Single Family (0-3 units/acre) West - Vacant; Zoned PD, Planned Development (approved uses include theater and office); Guided CPD, Commercial Planned Development EVALUATION OF REQUEST Description of Proposal — Thomas Lake Partnership is proposing to add a drive through window on the west side of the Snyder Drug in the existing strip center at Thomas Lake Center. Some traffic circulation changes within the center are proposed to accommodate the drive-through. The drive-through facility will include adding a window to the wall of the building, installing a pneumatic tube to the curbside and attaching a canopy to the building over the drive -up area. Compatibility with Surrounding Area — Thomas Lake Center was not originally designed to accommodate a drive-through facility. However, the addition of a drive-through facility in conjunction with the pharmacy appears compatible with the existing development in the center. Access — A right -in access to the center is provided from westbound Cliff Road. Full access to the center is provided via Thomas Center Drive at the west and north ends of the center and via Thomas Lake Road on the east end of the center. The proposal involves designating the north access from Thomas Center Drive as a one-way southbound drive. Circulation - A circulation analysis conducted by BRW, Inc. on behalf of the applicant indicated there is very little use of the north -south access drive for northbound traffic. Directional signage, striping and arrows would be added as indicated on the site plan. The drive-through lane would be striped at 12 feet wide, allowing a 14 -foot wide bypass lane. The circulation changes within the center should not impact other businesses with the exception of the Xpress Lube. The Xpress Lube entrance and exit are each one-way and traffic must enter at the northeast comer of their site and exit at the south end of their site. This circulation would not change, however, access to Xpress Lube would be directed to enter the facility via Thomas Planning Report — Thomas Lake Partnership (Snyder Drug) July 22, 1997 Page 3 Center Drive and would no longer be able to travel northbound on the internal north -south drive. Directional signage as indicated on the site would assist drivers in accessing both the proposed Snyder Drug drive-through and the Xpress Lube. Signage indicating "Do Not Enter" at the south Xpress Lube access and arrows on the pavement showing this access as southbound only should be added. Because all lots within the Thomas Lake Center subdivision are jointly served by common access drives to the public streets, the applicant should provide documentation to the City that the other property owners within this development agree to the circulation changes. Building Improvements - A window will be added to the west wall of the Snyder Drug within the pharmacy located in the northern portion of the store. Because of the grade difference between the drive aisle and the building, direct conveyance of materials between the customer and the store via the window is not practical. Therefore, an overhead pneumatic system is proposed with the customer unit close to the curb. A canopy to contain the overhead pneumatic system and provide weather protection over the customer unit will be provided. The canopy is approximately 12 feet square, and 3.5 feet high to contain the equipment. A 9.5 -foot vehicle clearance will be provided to the bottom of the canopy. SUMMARY/CONCLUSION The proposed drive-through use appears compatible with the commercial development of the center and surrounding property. Circulation changes in the center resulting from the addition of the drive-through should not significantly impact other businesses. Directional signage will help customers to the Xpress Lube entrance and the proposed Snyder Drug drive through. ACTION TO BE CONSIDERED To recommend approval or denial of a Planned Development Amendment to allow the addition of a drive-through window at the west end of Snyder Drug on Lot 1, Block 1, Thomas Lake Center. If approved, the following conditions should apply: 1. The applicant shall enter into a Planned Development Agreement with the City. 2. The applicant shall comply with the Site Plan dated June 26, 1997, and shall install all directional signage and pavement markings shown on the Site Plan. 3. Additional directional signage shall be installed to include "Do Not Enter" signs facing south at the south Xpress Lube access and arrows on the pavement indicating southbound only for that access. 4. Prior to the City releasing the Planned Development Agreement for recording, the applicant shall provide written documentation from the owners of Lots 2, 3, 4, 5, and 6, Block 1, Thomas Lake Center, that they agree to the proposed changes in circulation. AIX S:W.ell Wink1iF:I0 an Prenc iPlanned DavelenmQnt Qmandma •�i'� : fl : r41 ra I I :s. *Alist* LW- 11tt11Ilr1 410 0 m %ourrem a ening PD Rlannnrl Dipvpinnmt: nitea Properties ase Nn. 2A-RZ.'17.ii6.+� i r ►ri ��■ do;► N Aq Ll 11 I ume Pian designation r �� rSamA ' ume Pian designation rbmmunity Shnnninn Ganga niten [properties asEs Nn_ 2R.R7-1 7.nn.97 Wi 4'D, lcA, • .If. 1;41 r.'Zo. THOMAS L�[ _ gil — T 1 � . °Dw' ®r o00 I \ I I• I § a v o� o; �• r \\ I e 1 � 4 er if I e I O 1 5 09 �fixa I I $ r" �0 t • A LL —7v 1 :pl c. PC I I f 3 •� - ?� I I I I ` I r \ I , x I , THOMAS LAKE ROAD. a A� SITE PLAN jc�EXISTING ..a� E)MING CONDITIONS s'ccm�r.em'o.o.riwr"socµ`•w..ro so rau �. as ocu.rs i PROPOSED Df11VE—TMRU /OR: .^ie�w 1 eua:r�uo ]7Mo.003 SNYDER DRUG wranTMaa w ^ iun d i'ncr TNOYAS LAKE CENTER a a ar Mie c ycM acaa ar. e.c .Mn: N Ems• UN m.a. a�wM sw na w.. w sMm-ne fiYmmpi4 fa WI& w.. 9WC04M w Ournrvn nui A.1n1`io x... THOMAS (ti,i$ 0 0 0 fl 0 o > m x a n 0 4 L Q •g� "n m >-3� Z 0 oa co M aM A m 1 NS PROPOSED IAIPROVE.E.TS fROPOgO ■y`pUYEfOR DRUG+` SNYDER DRUG TMW LAKE CENTER N EAGER. rR vz H C Q€4€ om 6 1 o i 3 el can r a M. 0 � m � Z m' Yq M��Y1� y VOO tTaR 0a wmc TMW .w.w •. ,wa .r.w r o...�.+r om .w+a rr. •um..w., n. orn..•w ..n O O O 0 I m v z m I I SITE PLAN PROPOSED II n._'-- ono. nc a.. -art ecsea o•R. ie AMq a• -e• e• -o•• CURB DRIVEWAY I / WALLR'v- OT ABYO MOSLEM) l _ ,GUARD POST -TVP, r ai DIA, 7 / (NOT BY MOSLEM) TUBING I B' HOLD TO -n, W EDGE or STANCHION BASE PL. CUSTOMER b' i UNIT i • O 10 11. bI i �•... .. _ i HOLD USE 1 SIDE OF WINDOW M.G. A I I SITE PLAN NOTES 1. GENERAL CONTRACTOR ANO TUBE INSTALLER 'D .EwII.- ALL DIMENSIONS PRIOR TO TUBE INSTALLATION. 2. 400IAMETER GUARD POST OR EOUNALENT (NnT R ♦ 3. FOR OESIGN OF DRIVE LANES. CURB AND CANOPY, RE"_. TO ARCHITECTURAL DRAWINGS. 4. CANOPY MUST PROVIDE ADEOUATE WEATwER PRCTECTIG•. FOR CUSTOMER IN ALL DIRECTIONS FROM CUSTOMER,.- S. SUPPORT COLUMNS (BY OTHERS) MUST NOT OBSTRVC' TELLERS' VIEW OF CUSTOMERS. S I T E P L A N SCALE: +/4 _±'_O^ OPTIONAL MOUNTING OF BLOWER ON TUBING .—TUBE SUPPORTS TUBE (BY MOSLER) •22� - —CANOPY SYSTEM BLOWER... MOUNT TO AAAX. 36- FROM OUTLET STRUCONRTUBING KENO CLOSE OPEN -NG 1 z! 3� b° °THIS ••IEC--"' 24 X 30- -REOVIRED CANOPY CELL NG ACCESS PANEL SEE SITE PLAN REOUIRED IN NOTE 4 CANOPY CEILING %ICSLER WINDOW -CLEAR TUBE TO CANOPY TELLER j>R TFRIf'•JAL O --CUSTOMER UNIT b1 o . ir.nSHEC . I FLnOR O �! I 1' 11 'DICURB _LEVEL N � I '+OTES -6'•H. ISLAND RLC',+E4S M -,S• BE MOUNTED LEVEL AND S. CONTRACTOR TO PROvIDE UNOBSTRUCTED iLFT ON 7VBINC BEND. DIRECT LINE -OF -SIGHT PATw FOR TUBING 5�^•••EP I••_ -SE MUST BE STRETCHED yo Tw FROM TELLER UNIT TO �'JSTCMER UNIT(S) REUU'PEO 1ENUT•1 BEFORE CUTTING AND PROVIDE 6 THE CONTRACTOR MUST PROVIDE AOEOU►TE ADCI.IONAL S�;PFORT, WHEN REQUIRED. TO FOOV NG BELOV: CUSTOMER UNIT ISLAND TO ^9wF•,ENT )•+NF.:'FSSARY FLEXING OF TwE -OSE PREVENT SHIFTINO OIS'SETTLING r•fc 01+ MUST BE ALLOWED TO OPEN . •�o F -E '� (RECrOMMENDED ANOPY MUST Ave A ACCESS DOOR 30") TO ALLOA FOR A A '•_BNS S.. 01- NO DOWNWARD PRESSURE SPACE FROM ,A IAN TO ENTER T•'E NCIOSEC LADDER. S E C T 1 O N A — A SCALE: +/a'.,• -p' - [P . WINDOW/CONVEYANCE SYSTEM DETAILS MICHAEL J. PAN President / COO 612/936-2407 May 23, 1997 United Properties Attn: Cindy Balderson 3500 West 80th St., Suite #200 Minneapolis, Minnesota 55431 RE: Snyder's RX Drive-Thru/Thomas Lake Center Dear Cindy: I am in receipt of the BRW report regarding the proposed Snyder's Drive -Thio Pharmacy Window at Thomas Lake Center located in Eagan, Minnesota. The following are my comments in response to the report and the various options. The report is very thorough and accurate. In addition to the statistical information already provided, I thought this following information would be helpful: Currently the store hours are 8:00 A.M. to 9:00 P.M., Monday thru Friday, 9:00 A.M. to 7:00 P.M., Saturday and 9:00 A.M. to 6:00 P.M. on Sundays. The pharmacy is open from 8:30 A.M. to 8:30 P.M., Monday thru Friday, 9:00 A.M. to 5:00 P.M., Saturday and 9:00 A.M. to 6:00 P.M., on Sundays. The pharmacy is closed on all major holidays. The Drive -Up Pharmacy Window will only be used for our pharmacy customers for drop of or pick up ofprescriptions only - waiting at the window will be discouraged and customers will be asked to park, if the wait is longer than a few minutes or of there are other cars waiting. This location is averaging 833 prescriptions per week for the most recent year-to-date period. The average number of prescriptions picked up by the customers is 2.3 per visit. Based on this number, the maximum number ofpharmacy visits per week would be 362. In comparison, we have a location (with a RX Drive -Up) in the Northern Suburbs that has a weekly average of 1,082 prescriptions and a visit average of 470 per week. This location experiences an average of 15 to 25 cars per day with a daily peak of 50. Peak days are usually on weekends and during inclement weather. As previously stated, we do not allow a car to wait for their prescription to be filled if there is another car waiting. This practice minimi es stacking. Since we don't experience the "Noon Rush" that is associated with fast food, the stacking issue should be minimal. SNYDER'S DRUG STORES, INC. 14525 HIGHWAY 7, MINNETONKA, MINNESOTA 55345.3742 -2 - The balance ofmy comments will be directed to the drive-thru options and affect and impact on the shopping center: The report details the advantages and disadvantages of the four options. In Snyder's opinion the only viable option is Option #2, this option would allow the pharmacy to remain in its current location. The cost to move the pharmacy would be in excess of $50,000.00, in addition to a major disruption in business for a four to six week period of time. The addition of a Pharmacy Drive -Up Window to this location will improve the image of our store as a total health care provider and bring additional customers to the shopping center. It should also be considered -as both a safety and convenience improvement. We have had comments from senior citizens and handicapped customers who find it more convenient to pick up their prescription than to park and walk the store. Also parents with sick children have thanked us for the convenience of the window then they are returning from a doctor's appointment. The addition of the drive -up window should also make available more short term parking in front of the store. I encourage you to adopt Option 42 with the North-South drive changed to a one-way. MJP: sve Sincerely, SNYDER'S DRUG STORES, INC. �1 ael arl 13-3 Agenda Information Memo August 5, 1997 Eagan City Council Meeting E. AUTHORIZATION, CITY CODE AMENDMENT - DANGEROUS DOG ADMINISTRATIVE HEARINGS ACTION TO BE CONSIDERED: To approve or deny authorization for preparation of a City Code amendment to authorize the City Administrator to appoint an administrative hearing officer for dangerous dog hearings. FACTS: City Code currently permits owners of animals designated as dangerous dogs by the Animal Control Officer to submit a request for a hearing concerning the facts regarding the designation to the City Council. The Council has appointed an administrative hearing officer in the past to review these issues. • Because of the scheduling of City Council meetings, it is not unusual to have two to three weeks lapse between receipt of a request for a hearing and a Council meeting to appoint the hearing officer. • While most owners are responsible about restraining their pets during this timeframe, it may be possible that a delay would put other individuals at risk while the request is pending. In addition, the owners of these animals are concerned about the possible ramifications of the designation and wish to see a hearing considered as expediently as possible. + As with any ordinance, an individual will have a right of further appeal to the Council if they are dissatisfied with the conclusion of the administrative hearing. • If authorization is provided, the City Attorney's office will draft the appropriate changes and this item will be placed on a future agenda for Council consideration. Agenda Information Memo August 5, 1997 Eagan City Council Meeting F. CHAPTER TWO CITY CODE AMENDMENT - ISSUANCE OF CITATIONS ACTION TO BE CONSIDERED: To approve or deny the City Code Amendment which authorizes the City's Water Resources Coordinator to issue citations. FACTS: In April of 1997, the City Council approved the licensing of commercial turf fertilizer applicators. This ordinance is implemented and enforced by the City's Water Resource Coordinator who, consequently, should be authorized to issue citations for non-compliance. ATTACHMENTS: ® Proposed ordinance amendment on page 1 Z 13 s ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.38 REGARDING ISSUANCE OF CITATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by adding Subd. 2.38(J), to read as follows: J. Water Resources Coordinator. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: 1.3,6