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11/04/1996 - City Council RegularAGENDA RAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 4, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) 1 , A. REQUEST by Tony Lancette for clarification of public nuisance, Chapter 10 City Code (habitual dog barking) V. CONSENT AGENDA (PINK) %7 S A. PERSONNEL ITEMS Z 6 B. CONTINUING Disclosure Agreement - Springsted ¢ CITY OF ST. PAUL Settlement Agreement - Metals Reduction Company, Inc., P contaminated site cleanup p G7 D. RESOLUTION to issue and sell $6,115,000 General Obligation Improvement Bonds, Series 1996A, $350,000 General Obligation Equipment Certificates of Indebtedness, Series 1996B, and $995,000 General Obligation State Aid Road Refunding Bonds, Series 1996C E. EXTENSION Preliminary Subdivision, Preliminary and Final Planned Development for Safari at Eagan 3rd Addition F. CORRECTION of minutes for EZ Air Conditional Use Permit approved October 1, 1996 P �6 G. DUPLEX LOT SPLIT, Thomas Anderson for Lot 2, Block 1, Wescott Hills 5th Addition A73H. RESOLUTION, RiverPark Office Center regarding Kennebec Drive extension fpc)7 I. CONTRACT 97-01, Authorize consultant services (Cliff Rd. Reservoir - disposal) Zg J. CONTRACT 95-10, Approve final payment/authorize City maintenance (Mallard 1A Park 3rd) K. CONTRACT 96-11, Approve change order #2 (Yankee Doodle/35E) 9 L. CONTRACT 96-P, Acknowledge completion/authorize City maintenance (EaganWoods Office Park 2nd) M. CONTRACT 96-X, Acknowledge completion/authorize City maintenance (Whispering (/ Woods 10th Add.) 13N. CONTRACT 95-D, Acknowledge completion/authorize City maintenance (Cedar Heights Add.) 1030 O. CONTRACT 94-I, Acknowledge completion/authorize City maintenance (Lexington Pointe 11th Add.) P3/ P. SCHEDULE Special City Council meetings for November 19, 21 & 25 at 5:00 p.m. Q. ADOPTING Stipulation of Settlement - Prospector's Properties 3 R. CONSTRUCTION/DEMOLITION DEBRIS LICENSES for Action Disposal System, Inc., Materials Recovery Ltd., Dick's Sanitation and Aagard Sanitation VS,r S. TOBACCO SALES LICENSE, Tobacco Warehouse at 2149 Cliff Rd. T. MASSAGE THERAPIST, Mark Rhein, Care Chiropractic, 3390 Coachman Ph7 U. RESIGNATION from Advisory Planning Commission i$ V. RESIGNATION from Advisory Parks, Recreation, and Natural Resources Commission ,;0.3q W. FINAL SUBDIVISION, Apollo Subdivision - R.L. Johnson Company X. APPROVE BIDS for pumper telesquirt/Fire Department Q,O1f3 Y. CONTRACT 96-01, Approve change order #1 (Eagandale Corporate Center) Y!/,yit Z. CONTRACT 95-M, Acknowledge completion/authorize City maintenance (Mallard Park 4th) .� VI. 7:00 - PUBLIC HEARINGS (SALMON) b S A. MULTI -FAMILY HOUSING MORTGAGE REVENUE BONDS (Royal Oak Circle Project) tJpSeries 1986 I7 0 B. CERTIFICATION of delinquent utilities 60c. PROJECT 636R, final assessment hearing (Poppler Lane - Streets) (to be rescheduled to November 19, 1996) VII. OLD BUSINESS (ORCHID) A. AMENDMENT, City Code Chapter 7.05, requiring the removal of snow and ice �1 from designated sidewalks by adjacent property owners VIII. NEW BUSINESS (TAN) 6 A. REQUEST BY GREG AND MARILYN ROUNDS to discuss utility hook up for property located at 3160 Pilot Knob Road B. COMPREHENSIVE GUIDE PLAN AMENDMENT, Scenic Enterprises, Inc., of approximately 80 acres from CA Central Area (Major Office) to D -II Mixed Residential (0-6 units/acre) for property legally described as Lot 2, Block 1, Unisys Park 2nd Addition located north of Yankee Doodle and west of Pilot Knob Road in the SE 1/4 of Section 9 �I 3� C. PLANNED DEVELOPMENT AMENDMENT, Opus Northwest, L.L.C., an amendment to the Eagan Promenade Preliminary Planned Development to allow a deviation from the building elevation and signage requirements stipulated in the Preliminary Planned Development Agreement for Phase 2 of the main shopping center, Lot 8, Block 2, Eagan Promenade, located on Promenade Place west of Promenade Avenue in the SE 1/4 of Section 10 F 1 5� D. PLANNED DEVELOPMENT AMENDMENT, CSM Corporation, to allow two 35 foot tall pylon signs and a PRELIMINARY SUBDIVISION, (Duckwood Bluff Second Addition) to create two lots currently legally described as Lot 1, Block 1, Duckwood Bluff located east of I -35E, south of Duckwood Drive and west of Crestridge Drive in the SE 1/4 of Section 16 0? -5,E . CODE AMENDMENT Chapter 2 Entitled "Issuance of Citations" Subdivision 2 Section 2.38 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 1, 1996 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 4, 1996 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the November 4, 1996 City Council agenda, regular City Council meeting minutes for October 15, 1996 and special City Council meeting minutes for October 15, 1996, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. REQUEST BY TONY LANCETTE FOR CLARIFICATION OF P LIC NUISANCE CHAPTER 10 CITY CODE (HABITUAL DOG BARKING) ACTION TO BE CONSIDERED: a To provide direction to staff regarding the request of Tony Lancette for clarification of Chapter 10, City Code regarding habitual dog barking. FACTS: • The City Administrator received a letter from Tony Lancette requesting time to appear before the Council to discuss language in Chapter 10 of the City Code regarding "habitual dog barking." In his letter, Mr. Lancette states that the ordinance language does not provide a definition of what constitues a violation "beyond a reasonable doubt." ATTACHMENTS: Copy of the letter from Mr. Lancette on pages e2 through including a copy of the Eagan City Code regarding this item and a copy of a Washin on Supreme Court decision regarding similar language. 481 '3014 10,'17-'96 16:13 $.181 9634 INTERPLASTIC OWN �� /sem 2001-`003 7 �.J �� r � s f�G�� - %'! �.•c ��I � �a. � tic �.:7'L. � C..r � (l J e�--� � .,� �s .- ll Cy�^'Y-K �i✓✓�r '�'r^"o�C � /�`wlsi.Cf � t... � �� G� �h � rs�L --! / r., r L ^- !� L/� � ✓Y�-...'�" Q,,,��/�,�./�-y 0.7 C� V [a'^'�cF i/�✓1�-c� .,C.._ L�12,�..L ,7C �,(rL� �.S�z...-cs ;f" L. O' �'y�,�rGc-, f� G'irC�? -"'� ,ti,,.� SRV1 /��• �a'Y�.I Cl} �� MF-� 1.n �. �L �_c /��-� ►^r`C.F �'t/—u-.ifie: / cL! r�...r �j�,` rl.P7 �^.�. , � r� �.._ �_� -==-U �� err �►�..�.,�.�x � J j j-� (// / ��ie. t 10.17 96 16:13 is • 481 9834 '0481 9834 _ INTERPLASTIC %AMAMa ftanmge afttr t - �«•••r►• or C! oezz-aged in a +r•+�c c.a txtiratioa eg the fist-daY Aeriod.Fss and aa�r �g yr cat - �-- �a.I le+md S•eards, t7pats rasa 3 tint! of nuc`% p'srva-it co this Secnien, aa-aet:ssrat:t racvrd pf=d +adaseat shall be keppt cin uteh an£Mi. records shall bt Pr• ■arvad for tsiaitsani of six @pnchi � d +Ii sbs�v [1) Cb.1 descripcioq of the jFArax:raee ase. and ocbes d3ssia'ys by sptt:irr, brred. sex. at Which the aa;,al 9'+i_ahi traits: '(2) the location name ar.G ad�� oma of a;6 aisor :s=horn ZhA doer of yaisart; del and. iS7 the naRt aha e_ toes s>ry '�w{ma1 vas 4.Pd. throe morzhs c_ d address of t,'sa Person to whaea M eeaivad: ` i5e or o•►ar wa= t•'�!t>;:ad. 7 aais+al, 5lt~cs: O_d'.zianct lro. 135. _ _ E__eCtive Qat*: 4+I? -!2 or 5 �- .rPublic ktt-;aaC It is �salariLll fvr the e of ariY dca or c*. raer ;rir dog c_ cat to: sazaral .aea. IC is sa?svrful for the owner of zs3 t7-1-9ti3 y� f S vhimpeC3/ Fernit sues arra! to aabitua211%bq=k ! ht..l - L1:,,^.a . or em; c arty ot;ht, iotsd Esau;v*= C- Y. �De• es ; -------�- ' �. 9e -Mas suc. atl—m [e dat�ge' or = public pror defaesea is *a �tr`y or C.he Dtoyts:y of aaoc.hsr; 3 Per_Lic deg or c:t faces to the owners preaisw■ fzr we;e Lhan 24 hours: ;=A Oa. C_ty e�leyee, ir. the psrlos�aaa awefh any polies oftsear. or ot; SOCZ on; hislhar duty to enfor,e crus c=aAiaa.fcr� t S. x••p ez e.Ri t;c+i yr mora dog* Cr Gats, ar per:s,i t . berecr. ove_ ■iX M conchs of ege without a kcal M. palaea et:acer mars *� , �d DThe Ln"al- - coae.ol officer or by beer, peraiLttd tc bahicually bark, e, w y �4 O2 mit whian Ch1C :riY cthez Lcud cr %=usual noisa f Y,a period Of tyd pMarc hcura wiLe:.e..sr the► evaez of such assitnai earsrar be itonedi&telSr a a policed o: ce officer. ;o prevhas failed. UP' --m a ordn= by tbs =Lvua rol dff_der or poli�t sue anima% from bra Aeuazlr 1Mk%ig such Uzi aca . aube l v_siaa■ * and 3 of Ghia Seezion s any dog Cr CQZ Lvoun3ed ander Chis Sabdi%isioa, hill apply to Stibd. T. Daagrtoy� Delta . avo or kez- * i` cassAtY tagire=tt4� Sagyisad It is r%ra.or rcz v da..y� oU� dos within e!%* tdey. HAi•ee such 4OF &A tl tits tth Dax::" CouatY Auditor's Cffies. d°`J dta3y H• Tag koquir■d, it it any 2snger-4n dam, ao oars or keep Such dpu�at►fuI for far e,.��r e! hav"q a tis idaneiiyinq :pie dog a.a a da3ge�� the City without dos at a12 times. dog affia4d Co C44 G. MMCiosnra and XUX91149 x»4++ired. ie in uraavtul for the evner of any dancerous dog, whila On the owfter.a p e , to have suc.-h dog otsta.de a proper &QC1043are Unless Z,toh dOg�y taut led. s: ea prewenc Che dos from bit! --g 'T. riot iu�uzicus to the dog, arid rtatra:rAd by &Parson or sinal bac leaan and under thr. ah7sical restraint of t s eS zaakizi ¢huts or For puzPUs�e3 of Z21-10 pro�fBien. 'Proper-::JWWUCQ--= ibie perso4. cots=shed indeort or .n a !•curel7 c>~Claaed aaa net rtaly rete:t;;e sf=om ie to prevent %tt dog !rem eseapiag and AxovLdfag Pon ov pretetCias t_osa t?io eltACs tvr the dog. 2 A dangerous D' D■Mt�etiea o! DMA"gots Deg. is ta Cbo vtaC LUC S �, apgeirs to be an i=ediate dangeS cc auy er pre lCL7 a ;.ol:ca cificoe, +u+ieal untraj officer. warden, cc Ocher ee:p4oyes or asenz of the city rsstistin a polfce otiiear or aalimii aaitaalcantr*1 off=ccs. is herby auLboriz•y Ce euM+=1IY dome -r y. guca . 9002/003 10.17;96 seed asi. U.S. ..Ed=fid IS8 (14841. an he phrase quiet" has a well ticood mesniag sa 4&nd3 conduct. it sta;+dart We dis• is r.Vw crus for Ikwan, 252 benr:. e581, V'vtnaat was X--=espolis Aqua- Ibing 1a=p peen, ibuti4� {eatlers. a Wneespoii3 IV'& :oodnet -hia dis- iet," the pratrdum tce on was%CDaaa court rejeeted tG ,at the defendants ,ue of the ehuged trzff ccaps�oa i. S3lAi ri y- fm iz or 347 othw cuadyrs x sat{ quiet of aalv�l� a s rcofaizCd ultitcdc Mina. M 1!$ a. L 163 mine XWUM*ts 0;4r tol. 481 9834 16:14 '0431 9831 IITERPLaSTIC 003.003 of common intelligence to disturbing die iD"'�" ""'•" -"" ••+",�_.rr.__.,,.. �.. Wkirt, the question wbether apgellaat v1- peace. Hese ay^,pailsnt w -aa left t4 rteys wbethe his duf'j ba. -king disturbed ocham °usd the erdiunee depeMed casirely on in the PiCilti*.,w. T*te ordinance prs•ided no O.M officers threshhold of Anaoyanee. Lnder these e"arevmstaAoas the F•diaa ord� e6jescNve sranda.-d against whichappell�c Irwiaras aapellant's right Ca due F�°` eouid rne3 ure the level of `tis dog's bark -12 �s of Is- sad therefore -a reverse his conviction. The key wren.: in tl:* ordinance we "by f -' easy tlaime 4i,7..arb the peace and qui(dis _ We note that the Wasliirdz $apeetne ' any persons in Cha Vicinity." Who Court recently sddre3sed the sante issue tl;a, ma2n? Uw that ineiudo sa ittvol�rog zletilsr facq and ti porallel Orth. mont.� mid babte3 which may eaazi7 b+re• See City of Spo�aeee yt Fieeher, 1:a Wash.2d 341. IS4 P.2d 124111988}. tPL turbed azd e -y at any stringe so the ordiaancs tiztmdtpd fcr �t+npie- Does it incluee tri: elderiy or anyone w ex�emely �•;19icva and e!aisns tD b tion it a do -e t-tetttudtarb.cd by nay noisa above the normal e:.:►oy another person or neighbor by fee• Z Thr_ wl,i a�•n witi fu c u 1 (Cut. 3. Bair provic citade cur= A: rc prnotl 624 ?1+1inn. "Al NORTH W*E=R*t Rl quem or Esabit'aal hadlia tlaizi or bark- 1 inr. ' Id. at 1754 P?si at: 1241. _e 1_=_S e on the for aalt::g, as n of commas cAi,l •ref eeuld not data_-MiM&=eAakF4 ¢� We find the s=sotting by r_�e cattrt In Fx:fher lu ai tad persuasive, and adopt it is this C."C. Ds.CISi0N Rdias City Ordin=xr- Number 313. 2wil is uncor30-itvtdcnally vag•jQ za ap• piled to sepailant and deprives him of due Process of i%w. Raver:.ad. e ser■wnemn. STATE. a! M!"nasaw- RMSPOtsdent. Y, W1111a m G. £RlCKSON. Appallatst. ho. C4-415.121_;. Corr of Appeals of bdianesara. Mav 1. 19°0, Review Denied Mai 23, 1990. Defendant +vs Ca.tvicad is: the Div- trice Court, Hg=epiri Count, Fir Pete! AI- brec.ht; J., of eeatual abuse of a child and he appealed. Tha Court of A'ppeala, Worsiait r` T L�1j •L..r [L1 is xrri Het orrer to 2 I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL :Eagan, Minnesota .,..October 15, 1996 A regular meeting of the EaganY..-. ........ YmMeA.0b Tuesday, October 15, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present t were Mayor Egan. and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City AdffilAistrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Atttirriey Jim Sheldon. Members of Boy Scout Troop 171 led the Pledge of Allegiance. Councilmember Wachter movea,*.':0ouncil1T"1je'M.'ber Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 "01 Councilmember Masin requested on page 16, under Round Table, the sentence, City Councilmembers Hunter and Masin distributed campaign literature, should be eliminated. The literature was distributed after the official meeting had been adjourned. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Masin requested the end of the fifth paragraph, the following sentence should be added, "Because of extraordimary--:OOitts such as the Fourth of July Fireworks, Councilmembers concurred that the hours for temporary e4 nd seasonal outdoor sales should be from 7:00 a.m. to 1:00 a.m. as allowed in the existing Zoning Ordinance." Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Awada abstained) Gary Santoodian, representing Transif;;:iddressed the Council and stated he was concerned about how far along the City has come -4q their plans to implement a land use policy that would greatly impact the trucking industry without the "Miiustrieie. ..evolvement. He added they have not been asked to be involved in the Advisory Planning Co......0 ........ . ........... ... :...j:VV4tktAbps. He referenced minutes where Mayor Egan and Councilmember Masin stated if'W6Wd**I5i*e0Ul:tb1nvolve the industry as much as possible in discussions relating to trucking and he also referenced minutes from an APC meeting where Commissioner Heyl stated she was in favor of receiving comments from the trucking industry. He further added they have not had any input in the process. He requested that Dart and the trucking industry be notified and included in the process, i.e., workshops as well as puhljc.tAmr .. ... . .4s. He also requested the item be removed from ,*** the October 22 APC agenda. He said Da* %* KOM """' *'*w* a notice as of yet regarding the October 22 hearing. Mayor Egan stated the intent WpAjo have the truckiric, .industry involved to the fullest extent. City Administrator Hedges said that the APQ:fi0lt they should work:6n a preliminary policy in order to have ..... ............ EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 15, 1996 PAGE 2 something to send to the trucking industry.:*;Od give them the opportunity to react. He further said that the preliminary draft was sent, along with the public hearing notice, to about 400 different industries last Friday. He stated that Jack Hoeschler, legal couitW:&*.-:D ' : Tsia> Ms -'.4i4d contacted the City today and stated he had received the notice. He went on to hearing is to bring the industry in to respond to the policy. He added that 0::Oopy of the notice was also sent to the Minnesota Trucking Association. Councilmember Hunter stated that usually when there are land use decisions to be made there is one public hearing and then it comes to the Council for action. He clarified that in this case it involves a broad land use policy which would regulate an industry. He also said that the term public hearing is used because they are inviting input from the:p#lic as opposed to the term workshop which implies more of a discussion by a group, i.e., the Commisi* or the 0-. Pncil. He stated that the intent of the public hearing is to provide an opportunity for dialogue.:; itNr. Santoosjian said that at some point he would like to see the trucking industry involved before the policies are drifted. He further baid he understood the importance of having something drafted to present, .but. kig• :said: ;if is even more important from their point of view to have some input into the drafting of the 066,16" i it;; i d:a35o tvdorkshops. Councilmember Awada stated that it was her understanding that they world'tye'irrvoiVed''iti'tFie'drafting of the policy too. Mr. Santoorjian asked if it would be possible to have the item removed from the October 22 APC agenda. Mayor Egan stated that the APC has control over whether they choose to hold the public hearing, and he said the notice had already been published. Hedges said that the reason 400 to 500 notices were sent out is because the affects of an ordinance like this,i�npacs many companies and industries and the purpose for the hearing was to allow individuals.,tit�:#iiasiiritify to respond to the proposed policy. He added if the Council wanted to cancel the. # .higHhn '$'cheduled for October 22, it would be necessary to renotice everyone. Councilmember F#tsiiter*'stated he.ft not feel the item should be removed from the public hearing, but instead the APC should.:b6:-,41 t►. specific direction that they are not to take action on this item that night and that this will be the irs1' I .:igU ase.quent public hearings. Hedges responded that there might be an interest in having a smaller group''r*"ei94J ::9 round table approach. Councilmember Wachter added that the intent of the public hearing was to gal -input from everyone, Mayor Egan further added that the public hearing could be used as a forum to receive dialogue which may lead to subsequent workshops where members of the industry can have an opportunity to participate. Bea Blomquist addressed the Council and referenced information sent out in the October 4 Informative Memo regarding a draft amendm*nt:to:473.858,:Cflmprehensive Plans Local Government Units. She stated this draft amendment containa:tp*;sanw.:lanlymgot:;fiat Tim Pawlenty formulated and supported. She further stated that she is excited apvixt' the hea#vaay that is being made, but added there is a lot of work to be done yet. She asked if the Cotilicil was K00y with what had been drafted. Mayor Egan agreed that the draft is consistent with the legislative policy. -#fat the AMM adopted last week. Ms. Blomquist added that thenes:ta::ram'Ak-::.-tffibOt who is not in agreement with the draft amendment and who works for the Metropolitan Council *arid is going to other cities suggesting they do what the City did in regard to McKee. She further added that he should not be using the City as an example. Councilmember Hunter said that what that APC member does on his own free time and as part of his profession has nothing to do with his role on the Commission. He further said that he has talked with the member and thinks at APC meetings he.s!!6iali:i keeping his roles separate. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 3 Raw, RECEIVE NATIONAL AWARD,FROM T CYIiIit HE; UNIT9D STATES ENVIRONMENTAL PROTECTION AGENATRiatkly'jVIANAGEMENT PLAN) City Administrator Hedges provide: background information regarding the award. He gave credit to the City Council, Director of Public WO. Colbert and Water Resources Coordinator Rich Brasch. Mr. Brasch addressed the Council and said it was an honor to inform the Council that the City had received the 1996 first place award for an outstanding Storm Water Management Control Program from the United States Environmental Protection Agency. He acknowledged the current and past City Councils for getting ahead of the issue and providing the resources to make the necessary improvements. He introduced representatives of the Minnesota Pollk th Control.Agency, Gene Soderbeck and Dan Sullivan, who nominated the City for consideration of *national:�i+vard. Gene Soderbeck said that the C. has a 10.0f reason to be proud to receive this national honor. He commended the City and also Rich &a5h..:..:... Dan Sullivan added that what makes)=agari ••difFereni'•from other communities is the amount of wetlands, lakes, open spaces, green areas, parks and other resources the City is trying to protect. He further added that he was happy to have prepared the nomination of Eagan for this award. Mr. Soderbeck and Mr. Sullivan presented the national ;award to the Mayor. Councilmember Masin suggested holding::.::' i' or City celebration and inviting all the individuals who made the award possible.::::Mij'Q�-fgan'`cepd the plaque that was presented to the Council and also a letter that was sent by Gov;ariidi+tarlson c"mending the City on receiving the award. He commended Rich Brasch for all his hard word: tYd:vWon.' PLAYGROUND STREET SIGN MODIFICATION - SLOW CHILDREN AT PLAY City Administrator Hedges gave an overview on this item. Councilmember Wachter asked if the shape of the proposed sign was to be triangular. Director of Public Works Colbert stated the existing playground sign is triangular shaped and thj�:O.ip fed sigawiltbe added to the bottom. He requested that the word "Slow" be put on top and not re t3;;'`$id*. Cl?il rert at f lay". Councilmember Hunter clarified that the sign will just say "Slow". Councilmjber Hurlet said this is a small price to pay to help slow down traffic around children near playgrounds* :*fledges eAk for clarification on the size of sign that the Council was approving. Councilmember Hunter $slid he wed the signs installed with a total cost of $600, which would be the smaller sign. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the installation of a cautionary 8" x 30" "SLOW' sign to all current and future playground identification signs and authorize an adjustment to the 1996 operational budget for Department #22 (Streets) to cover the costs. Aye: 5 Nay: 0 REVIEW V.I#OkpIfilt}1:!`ARM EVENT A videotape of the Holz Farm Pant event that was tieli#-on October 6 was shown. A narrative was given by City Administrator Hedges. CGftilmember Masin Wd it was an exciting afternoon and she also added that one of the Task Force volu0i#i~rs; YKaS tAfried.2:#11s farm this past summer and had met her EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 4 husband through the project for Holz F*t Councilmember Awada asked about the;Teganing:pf. Dodd Road and Cliff Road. She inquired if this was scheduled for this agenda since:iiie:yetiple:zi:liv been present in the audience to hear this item. Mayor Egan asked, by a show of hands,' if ahyolie'was'present. One person in the audience was present and was told that the item wouldie discussed at the November 19 City Council meeting. In regard to Item R, Change Order. Blackhawk Park shelter building, Councilmember Hunter asked why there was $4,300 allocated in the change order for sod. He asked why the area was being sodded and not seeded. Superintendent of Parki:'Paul Olsen addressed the Council and said he was not involved with that specific aspect of the project,::jk t througtt;tliscussions he had heard there was some concern about erosion due to the slope of the lark#. City Mm"' inistrator Hedges added that because of the heavy use there it probably would not have eriii4ed seeding. In regard to Item S, Approve. ..6" ��,e�'aVrogram & Policies Councilmember Hunter said that the Council needed to give direction to the City Attorney to prepare an ordinance requiring certain property owners to remove snow from the trails adjacent to their property, which would affect a total of 1.7 miles of trails in the City. Councilmember Wachter noted that he would be abstaining from voting on items S and Y. He said he was not totally opposed to these items, but rather that he was not fully convinced that all the questions have been answered. U11111111 I Item 1. It was recommended to a in the Police Department. Item 2. It was recommended to approve the reel, Department from compensation level G exempt to of a:0erson to be recommended as a Clerical Tech III the Administrative Assistant in the Police I level H exempt. B. Massage Therapist Licenses, Lucille Maghra /Rafe i. Body Wellness Center. 2121 Cliff Drive and Anne Brudzinski. Lifetime Fitness. 1565 Thomas Center Drive. It was recommended to -approve massage therapist licenses for Lucille Maghrak/Rafiei to. practice at the Body Wellness Center at 2121 Cliff Drive and Anne Brudzinski to practice at Lifetime Ppmas:iventer Drive. A hauler license. It was recommended::tC::apprt�lre;:refsae:•3�&uler licenses for Total Sanitation Service Incorporated for commercial and const�tet#iirl;:•t�et;its � -fni'::Randy's Sanitation, Quality Waste Control Incorporated, Haul -Tech Environmental LLC, Henningsen Construction Service, Inc., and United Waste Systems of MN, Inc., dba UWS/Gallagher's to add construction debris to their current hauler license. D. Pet Shop License, Pet Food Warehouse at Town Center Drive. It was recommended to approve a pet shop license for a Pet Food Warehouse, loee#fs:#M T®con Centre Shopping Center. E. On Sale Liquor License. ARG Entero jW. Inc.. dba Smart Anderson's Cattle Company Restaurant at 1299 Promenade Place. It was recommended to approve art on -sale liquor license for ARG Enterprises, Inc. dba Stuart Anderson's Cattle Como46v Restaurant at 120 Promenade Place. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 5 F. Resolution. Making technical at It was recommended to approve the family Housing Mortgage Revenue G. Set Public Hearing__ Final assess It was recommended to set a public the delinquent weed cutting, tree re collection with property taxes. making technical amendments to the Royal Oak Circle Multi - for November 19, 1996 to consider the final assessment of Id false alarm bills and certify them to Dakota County -for H. Final Subdivision, D R Horton. Inc r Gardenwood Ponds Second It was recommended to approve the final subdivision for Gardenwood Ponds 2nd Addition located south of Wescott Road, west of Bald Lake, north of Northview Park Road in ":NE comer of 23. 1. rmai auoaivision. L:raig_rt. Mattice tot.•.Iown Cefrtre 70 Nineteenth Addition It was recommended to approve a Final Subdivision (Town Cent�i--:70 Nine'fiznth Addition) consisting of one lot and one outlot on 8.7 acres of property located on the west:00e.:af.Qenmark.Elve;, north of Duckwood Drive in the NW 114 of Section 15. J. Approve Contract. Renewal of street snow removal services It was recommended to approve an extension of the current contract for street snow removal services (1996-1997) and authorize the Mayor and City Clerk to execute all related documents. K. Resolution, Requesting MnDOT speed li a resolution requesting MnDOT to perform a L. Project 706. Receive final assessme6f*+6 was recommended to receive the final assn and schedule a public hearing to be held on It was recommended to approve nation on several local streets. lis hearing (Wilderness Run Rd --Overlay), It Project 706 (Wilderness Run Road - Overlay) M. Proiect 701. Receive final assessment roll/schedule public hearing (South Hills Add Overlay) It was recommended to receive the final assessment roll for Project 701 (S. Hills Addition - Overlay) and schedule a public hearing to be held on November 19, 1996. N. Contract 96-18. Acknowledge completion/authorize final payment nnriderness Run Rd It was recommended to approve the 2nd and finpl:.pa&ent pf;.§328;$38.74 to McNamara Contracting, Inc., for Contract 96-18 (Wilderness Run Road &;:5 : Hili's A�dsfliiK :MWl & Overlay) and authorize acceptance for perpetual City maintenance subject to ck'it"ctual *Yi+ iTanty provisions. 0. Contract 96-12. Approve chana� to approve Change Order #2 to Coni and City Clerk to execute all related --n-Storm Sewerl_ It was recommended - Storm Sewer) and authorize the Mayor P. Recommendation. Economic Development Commission activation of revolving loan fund and selection of Loan Review Committee. It was recommended to approve activation of the City's revolving loan fund and direct selection of a loan review committee under the terms of the RLF guidelines. 0. Final Subdivision. (Fiala Addition) Tho& _*lalia-V".,recommended to approve a Final Subdivision for the Fiala Addition located east of Pilo. iob Road a444h of Deerwood Drive. R. Change Order, Blackhawk Park sh6&f building It was.t�ommended to approve Change Order #3 in the amount of $7,420.32 for Contraci9r¢�, .�Iacl�hayock.�tr Pavilion. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 6 S. Approve. Winter Trail Maintenance Pham & Policies It was recommended to adopt a limited winter trail maintenance program and approve.' :related policies. (The City Attorney was directed to prepare an ordinance requiring certain property owner s.to.{emove.•snow from the trails adjacent to their property. The trails total 1.7 miles in the City. CoG($fl?t#BT!tS :gbstained from voting on this item.) T. Deny Vacation of Aldrin Drive (Ead'hAdale Center Ind Park), It was recommended to deny the requested vacation of Aldrin Drive locatir3:vvithin the Eagandale Center Industrial Park #4. U. Contract 96-01. Award contract (Eagandale Corporate Center - Streets & Utilities),, It was recommended to award Contract 96-01 (Eagandale Corporate Center - Streets & Utilities) to the low bidder, Erickson Construction Company, Inc., in the amount of 907,724.56 and authorize the Mayor and City Clerk to execute all related documents. V. Final Planned Development. Sign{: nk. :9:;yeas recommended to approve the Final Planned development for Signal Bank located souAfl of Yani:iii Doodle Road and east of Denmark Avenue on Lot 1, Block 1, Town Centre 100 Second Addition:•:•:::•:•:•:• W. Final Subdivision, Eagandale Comorate Center. It was recommended to approve a Final Subdivision for the Eagandale Corporate Center located east of Lexington Avenue and north of Yankee Doodle Road. X. Extend. Gopher Resources Prol2eM Exchange Agreement. It was recommended to extend the property exchange agreement between the City of Eagan and Gopher,.Resources to November 1, 1997, Y. Contract for sidewalk/trail snow r. sidewalk/trail snow removal services 1 and City Council to execute all related item.) Councilmember Awada moved, Councifinember agenda. Aye: 5 Nay: 0 s recommended to approve the contract for with the low bidder and authorize the Mayor ember Wachter abstained from voting on this a motion to approve the consent PROJECT 655, FINAL ASSESSMENT HEARING (NORTH RlDG>~: 3Lt .- STii)=ET & UTILITIES) Director of Public Works Colbe 4"'a' ve a bi *staff report. Mayor Egan noted that the assessed amount and the City financed portion wn lower thotn the estimate in the feasibility report. Mayor Egan opened the public hearing to anyone wing to:spe� There being no one wishing to speak, Mayor Egan turned the discussion back to the Couriq'f;:: Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the final assessment roll for Project 655 (Northridge Drive - Streets & Utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 691-;FPO;;::f43$Lr$SMENT HEARING (CLEMSQi Ft: - STREO.i. ". 4 UTILITIES) City Administrator Hedges gavo•.p.n overview on this ,item. He referenced a letter contained in the Council packet addressed to him frortl f e Dakota County.::KRA. He clarified that he did not make a EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 7 decision for the Council as may be interpteted in the first paragraph of the letter. He said that a lot of work went into determihing the assessments 10;0aer to be fair. He further said that the HRA did agree that the assessment was appropriate and fair. Mayor Egan asked if anyone wag'pre52tit'iri-'tffe''atit*iee regarding this public hearing. Nathan Marsden with the Dakota County HRA Wks present. Director of Public Works Colbert gave a brief staff report. Mayor Egan opened the public I ea`ing to anyone wishing to speak. Mr. Marsden stated that the HRA supports the assessment. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada asked what arrangement was made with the HRA. Hedges stated that there were approximately $50,000 of special assessments that were outstanding to several parcels of property. He added that staff analyzed what the correct assessment should be for each of the parcels in the area and that amoulf.*as presented to the HRA. He further added that the HRA was agreeable to paying the total amount o:fhe assinent for their parcel plus approximately $5,800 in additional assessments. He noted thatlh'6 there .... approximately $50,000 to $60,000 in outstanding assessments in regard to this project. H011urther ii�tied that staff determined that about $5,800 would be appropriate to the HRA. He said that indiauy..the:.HRA: as. p9poemed that they might be liable for the entire $50,000 of the extra assessments.' Councilmember Awada asked about the remaining 80% of the area to be assessed. Colbert clarified the remaining area to be assessed. He stated that when Oakridge Elementary School was platted, the School District purchased property from the Wilmus family who owned all of the property. He further stated that as part of the development of the school there was a dedication of an outlot for park which became a joint venture between the City of Eagan and,ttle:Q :ol District. He mentioned that there was an original agreement that stipulated a portion..A::ttieag5es`shient obligation for the outlot/City property would be assumed by the remaining Unds"i pt'optty of the Wilmus Addition. He said that after reviewing the agreement, which was no3::iii i' icific as it Should have been, the decision he and the City Administrator and Finance Director came to:. : t, tfi Intent of the agreement was not to burden the HRA property with the entire obligation, but only'itt'*-:— share. He further said that the other nine lots are still remaining as a responsibility of the parli::J0Kd. obligation to be examined with future development of the remainder of the Wilmus undeveloped property. Hedges stated that the City's position with the HRA was very firm. Councilmember Hunter moved, Councilmember Masin seconded a motion to close the public hearing and approve the final assessment roll for Project 691 (Clemson Drive - Streets & Utilities) and authorize its certification to Dakota County,::; •.5 Ne�C;::;O::: PROJECT 8$$'FINAL`rlt46ESSMENT HEARING (WOODGATE .LONE - STREET RECONSTRUCTION) City Administrator Hedges gave $::Qeiiew.n.•ttiis item. Director of Public Works Colbert gave a staff report. Mayor Egan open,4*.Itl �:p�I;IlE: to*: nyone wishing to speak. Yvonne Peters, 4352 Wood Duck Circle submitted a letter objecting to the assessment. It was noted that Joe Hamand, 4354 Wood Duck Circle, had previously submitted a written objection. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter commented on the difference in the price of the water and sanitary sewer and the savings that were realized. Councilmember Wachter moved,.-r,. Mier t:.A- iada seconded a motion to close the public hearing and approve the final assess mesj {tsll for Project 'G�i6 �Woodgate Lane - Street Reconstruction & Utility Services) and authorize its certific ' 1 * to Dakota Courity:acknowledging two written objections. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 8 PROJECT 60`::FINAL ASSESSMENT HEARING (NICOLS RD:::- STREET & STORM SEWER) City Administrator Hedges gave:;a tetm ;this item. Director of Public Works Colbert gave a staff report. He referenced a letter-serii'tcveter pencer, 3786 Nicols Road, from Assistant City Engineer Mike Foertsch addressing his ::'b6noems. Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Spencer addressed the Council and stated he should get 75 feet of curb and gutter along Nicols Road without being assessed because he recalled that being promised to him 15 years ago. He also raised concerns about the rocks in the black dirt underneath the newly sodded area. He questioned why he was charged $300 interest whet;:#fie was willing to prepay the assessment. Colbert indicated the charge was for construction interested?#Etat is caWated in the final assessment roll. Hedges further clarified that the interest is charged for dying th ;Cost of the project. Discussion continued regarding.. he.:75..JOi ,alonq. Nicols Road that Mr. Spencer felt he should receive a credit for. Colbert stated that;tvlt;::Spencer: i i� gi#?4> * comer lot at Silverbeli Road and Nicols Road. He further stated that in 1982 when 51vePbell'Ftoad'w8's'iipgraded he was assessed for his frontage along that road. He explained that the special assessment policy for comer lots states that when the second side street is constructed there would be a 75 foot credit given for the assessment. He added that it had been explained to Mr. Spencer that the City Council did not want to upgrade Nicols Road to the urban section that would be associated with the 75 foot credit. He further added that without that improvement of the curb and gutter section there would. be:� &o &edit to be applied. He went on to say that Mr. Spencer submitted a written request and signed:A-Wdiviercf objection to the assessment to have curb and gutter installed on the east side of nt to his property. He noted that because his request went beyond the scope of th8:::Oibject, he wo, responsible for 100% of the frontage of the improvement. Further discussion occurred.T.e i g: the'alignment of the road. Colbert asked Steve Gatlin of MSA Consulting Engineers about the constrci 00a ':.'Wal. na:, Mr. Gatlin stated that they did perform a detailed location survey to set property irons and esti&"-,:&:fright-of-way. He added that the roadway was previously not centered within the right-of-way and the design that was incorporated into the plans did center the road on the right-of-way and so it appeared to be shifted more toward his property. Councilmember Hunter said that in regard to the question of the 75 foot credit he recalled recommending that there be a rural ditch at that location. He further said that Mr. Spencer had requested the curb and gutter, signed a waiver and no*Wis olpjp;;ir�g;to the assessment. Councilmember Masin asked about what was promised to Mr. ,$,�iYcefi: A; r0okd:: dlhe 75 foot credit. Councilmember Awada answered that if the Council had ordereuf *t urban:: tion to be included as part of the project, then Mr. Spencer would have received the 75 fool credit. Councilmember Wachter added that the road originally was not put in the proper position. Maya.ftan noted:that this is not uncommon in a community like Eagan where there were some older methods:ts:a iC41belt.discussed the alignment of the curbing. kit):. Councilmember Hunter moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 681 (Nicols Road - Street Reconstruction & Storm Sewer) and authorize its certification to Dakota County. Aye: 5 Nay: 0 WAIVER OF SUBD 04,` K & KAREN FJELD City Administrator Hedges gave;it�ief overview�'cii�:this item. Senior Planner Freese gave a staff report. Mayor Egan opened the public:hlearing to anyone ing to speak. Karen Fjeld, 3635 Wescott Hills Drive, addressed the Council and ;Stated a staff merriper had suggested they seek a Waiver of Subdivision first rather than go throughIbdivisictn.�Fs�c She added they preferred to try and seek EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 9 the waiver since it was the logical thing trr*jio and that they were not trying to irritate staff. She discussed the problems associated with seeking a Wipiijrer as outlined by staff in their report such as, the County being unable to combine two parcels from two different subdivisjq.r)$ and the possibility that the property could go tax forfeit. She said that the County coitlicGidt ifie;�ls, but because it would interfere with their current numbering system, they are not'*ir*&Fii tec?'1ii' ticiiig'tttat. She also said the Auditor -Treasurer's Office had indicated to her that if the wiai: r is obtained, she would have two parcels and two property identification numbers. She noted that *"uditors Office has told her that even if she has two pins she will still only have one tax statement and the value of the parcel would be included with the value of her home. She suggested several options to ensure that the property would not go tax forfeit. She stated that in discussions with the City Attorney's Office one option she suggested was to enter into a covenant placing a lien against the lot with the home on it in favor of the payment of taxes on the smaller parcel. She further stated that Mr. Dougherty of the City:1kEomey's Office did not think she could legally enter into an agreement like that. Mayor Egan asked if it would 1:4:kiss costly,ond more simple to plat this land vs. the alternatives Mrs. Field had suggested. Mrs. Field answerad;tbat:.it..made.mQre sense to seek the waiver first and the possibility exists that they may obtain lari#:iriitii:3hit:#:srl the other side of their property and then they would have to replat again. Councilmembiar Awacla'asked if the property owners on the other side were in the same subdivision as the Fields and if so, they would not have to replat if they obtained more property from their neighbors. Mrs. Field stated that if they replat, they will be in a unique subdivision and then will be in a different subdivision from the neighbors to the north. City Attorney Sheldon stated there is a reasottabla.:.0temative to not grant the waiver and that would be to plat the property. He added the lot: txtttitlgui*tbh is not one the City would approve in an ordinary plat. He further added that the::r pri::W.I b-O.:v-:':herty stated a covenant to place a lien on the main property would not be a legal agceeTi'ient is becaui a the City would most likely not be allowed to enforce the lien. He said a similar situatipR{:auld.:gcciir if the City tried to assess the property. He explained that a separate piece of property wdti'ld::9iiis0::With. no building on it and likely no benefit. He further explained that is the reason why parcels are ustjr:mbined. He mentioned there is no past practice that would support approving the waiver. Councilmember Awada asked what the cost would be for the applicant to go through the subdivision process compared to going through the waiver of subdivision process. Mrs. Field stated that she had discussed the issue with Mr. Dougherty of the City Attorney's office and he agreed with her that the costs would be between $10,Ob0 to 1,12M.:1over what;haS already been spent. She added that the financial hardship is not the main reasont: ipi�cjn8 (ilii; t€ie wikiver, but rather the particular hardship she would face having to replat twice and alsR the siti'W is unique. Sheldon stated that he did not agree that Mr. Dougherty had said it would cosf an addi4ckai l $10,000 to $12,000 to plat the piece of property. Councilmember Awada asked about tiff bty feed::Idr each of the processes. Hedges estimated that it would cost approximately $2,000 to ga'tt#�Ix, tFli::Spl�diisicxt process. Mayor Egan asked about the appropriateness of crediting any costs:id:f�:-t#ia civair of subdivision against any subsequent application for subdivision since the Fields knew the risk existed of being turned down for the waiver. Mrs. Field stated they are not asking for a credit of the expenses of this proceeding against any future expenses they may incur. Councilmember Awada asked for fu t: EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 10 combining two parcels when it involves 6* ii separate subdivisions, even if it technically can be done. He added he was concerned about setting a:�irecedent. Councilmember Wachter stated that a new property owner would most likely want the property,.platxo.d together... ,Mayor Egan noted that he was willing to give the Fjelds credit for the fees they##ie::iFimy0f:: f::3itey reapply for a subdivision application. Councilmember Hunter said that the deci5f8n' i''tred t`ifi e" eft' did not need to be made now but rather at the time the application for subdivision is; ,mitted. Hedges suggested that a credit be applied toward the escrow agreement if an application for sulkdivision is submitted. Councilmember Awada moved, Councilmember Hunter seconded a motion to close the public hearing and deny a Waiver of Subdivision to allow a lot line shift of the common lot line between Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise Hills 2nd Addition at 3635 Wescott Hills Drive and 895 Sunrise Court, respectively loud west of the Basswood Lane/ Wescott Hills Drive intersection. Mayor Egan reiterated that threo ii*)emberi Df the Council had agreed that if the Fjelds applied for a subdivision application, they would be;iif Oi ly to reserve a credit for at least a portion of the fees they paid for the waiver of subdivision. Aye: 5 Nay: 0 ............... ......... VARIANCE, ALLINA HEALTH SYSTEM City Administrator Hedges gave a brief overview on this item. Senior Planner Freese gave a staff report. Mayor Egan opened the public hearing to snyorte� .wishing to speak. Leo Meister, with the architectural firm representing Allina, addressed:She:i•it:if 'arid said the initial application for the site plan permit anticipated atwo-phase developmaki::ke:#iirfher:seid that was one of the reasons for the detached trash enclosure. He stated that the buildir4g is. located oii::a comer lot and the soils are bad to the east of the property. He added that the parking lot':. ::planned''io be located away from the building and it also made more sense to detach the trash enclosiire:lt#tetan having a blacktop road go to the trash enclosure. Councilmember Hunter asked when the expNnikii :Was proposed to occur. Mr. Meister did not know the particular date. Councilmember Wachter asked whai'was wrong with the ground to the east. Mr. Meister said it was full of organic material and there is also a slope to the land. Mayor Egan stated that he is proud of the development in the central area and that he was pleased when Allina came in as a major medical presence. He added that the proposal seems to be deviating from what was. originally planned. He further added that now Allina is asking for a variance that deviates from City ordinance. Mr. Meister explained that the facility will still have the ptmiftacy and.comift- nity education room, but he said that some Allina health care businesses are not IoCi3t -if 7tWs f ceit :ibr: various business reasons. Councilmember Hunter stated 8iat the current Council, as well as past Councils, have been criticized for granting variances to some # &iness0$::end not others. He added that this site is real visible from Yankee Doodle Road. He said he:i . nWm! .tp�.ft.fact..that they may expand and would consider attaching a condition to the variance that'i coii6d:bi K.:l ie:*nclosure but it would have to be removed or attached to a subsequent expansion within a year. Councilmember Awada concurred with Councilmember Hunter. She added even if the expansion was built, the trash enclosure would still not be attached based on the proposal submitted. She further added she would not support this request even if the condition was attached. Councilmember Awada moved, ter seconded a motion to close the public hearing and deny a Variance to allow a: =standing treS�i' cycling enclosure for the Oak Pointe Clinic located at the southwest intersection of 1' ' nkee Doodle R6ikl and Lexington Avenue located on Lot 1, Block 1, Town Centre 100 Sixteenth Ackijiion. Aye: 5 Nay;::;Q EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 ' PAGE 11 Councilmember Hunter commence:that it would not be necessary for the City Attorney to prepare findings since the reasons for denial weri�::very straightforward. ORDINANCE AMENDMENT, TEMPORARY OUTDOOR EVENT! SE/43 NAL OUTDOOR SALES City Administrator Hedges gave an overview on this item. Scott Smith, representing Smitty's, addressed the Council and said that the ordinance is well done and that staff is to be commended for their hard work. He added that this ordinance..benefits everyone in the City. Mayor Egan commended Mr. Smitty and all the people involved in th�.Pocess.:.Councilmember Hunter requested a clarification to the ordinance under 2) Standards for Seasoj-i�l Outdoi�r:sales & Temporary Outdoor Event, letter h, to read, "No parking shall be permitted on any aoj bent parbil without the prior written permission of the adjacent parcel owner." Hedges asked if the Cotmicil agreed4ith the procedure for handling Christmas tree sales administratively for 1996. CouncilmemTmMma. Councilmember Hunter moved, Councilmember Masin seconded a motion to approve an ordinance of the City of Eagan, Minnesota amending Eagan City Code, Chapter 11 entitled Land Use Regulations (Zoning) by amending Sections 11.3, 11.10, Subdivision 29, and 11.20 regarding Temporary Outdoor Events and Seasonal Outdoor Sales and by adopting, by reference, Eagan City Code, Chapter 1 and Section 11.99. Aye: 5 Nay: 0 WAIVER OF S.UBDIY,,ISION'OCB REALTY, INC. City Administrator Hedges gave a brief overVieiia:::r}ior Planner Freese gave a staff report on OCB Realty, Inc. and Osman Properties, Inc. togethtilmember Wachter asked which of the two property owners owns the property to the east of Lot B. Freese indicated that is a separate parcel and not owned by either of the two property owners. Councilmember Wachter asked if drainage would go through lot A or B. Freese stated that the parcel A is actually a ravine and some surface drainage probably goes through that area. Director of Public Works Colbert added that natural drainage will continue to occur through the ravine, but developmerit drainaai!k:Will,be directed. -to the north into the recently installed storm sewer. Mayor Egan said that this request -.:ii rr litute5:,9000 Aound policy. Hedges added that the City Attorney had indicated that conditions J aitd 2, ae: aWi6d by the Advisory Planning Commission, are not restrictions on the applicant, but rather restrictions- 'o11 a future City Council and therefore would not need to be included as part of the motion. Councilmember Awada moved;:&J-'* ziJihR l jfti�irj ttier seconded a motion to approve a Waiver of Subdivision for OCB Realty Co., to separate, for ow.no: Ship Mansfer to Osman Properties, approximately 1.5 acres from 13.66 acres from two unpiatted parcels (P.I.D. No.s 10-00400-040-02 & 10-00400-030-02). Aye: 5 Nay: 0 WAIVER OF SUBDIyISION : SMAN PROPERTIES, INC. Councilmember Awada moved, pif€icilmember VSl2 ter seconded a motion to approve a Waiver of Subdivision for Osman Properties, td -.separate, for owne*.—Jp purposes, approximately 1.3 acres from a 73.59 acre unplatted parcel (P.I.D. Nay:.10-00400-014-08) eject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 12 1. The 1.3 acre parcel sh4gI': a included with the Final Subdivision for Eagan Woods Office Park 2nd Addition. 2. A Planned Development*-irt�re�rit; aor .9ting this parcel to the Eagan Woods Office Park 2nd Addition Plan rieit ?evelopric 6h1-fs-required. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, SCENIC ENTERPRISES City Administrator Hedges gave an overview on this item. He stated that the task force has met and staff has had dialogue with the thro corporations involved to try to get a response to the issue. He added that all three companies have to ikapprovborom upper management and that is taking some time as well as some other issues that have:Wen raised:: Councilmember Hunter moved, ,Gounci)merriber Wachter seconded a motion to continue, until the November 4, 1996 City Council meetiiim;.:ohsii#e�tit: t;:q :Comprehensive Guide Plan Amendment request by Scenic Enterprises, Inc. for apptoxifti6ly-80*acteS' 6cated north of Yankee Doodle Road, west of Pilot Knob Road. Aye: 5 Nay: 0 DECLARATION OF DEFAULT, SUNSET HOMES City Administrator Hedges gave a brief overvieW:pn.JH9 item. Senior Planner Freese gave a staff report. Councilmember Wachter asked who would:ha�ie:ilo::pay,the difference if the $5,000 does not cover cost of the landscaping. Freese statedth> ;tQ>Jvi h iarsie'asSociation will be putting together a landscape plan they feel they can afford and staff will ffa r ltinifk with tl*m and the association will be reimbursed for up to $5,000. If the project costs more, it would::i*;the homeowner association's responsibility. Councilmember Hunter moved, Councilmembef:iVt Sixt aconded a motion to declare Sunset Homes in default of their landscape obligations relative to St. Francit'Wood 4th Addition. Aye: 5 Nay: 0 City Administrator Hedges noted that the Municipal Legislative Commission meeting is scheduled for October 16 at Eagan City Hall. He added::tJ;1at he wilJ.bP,.sending out the AMM legislative package for review later in the week. Mayor Egan sta3t3:#lis:i0.M3E;jislative Membership meeting is scheduled for November 14 at the Ramada Inn in % Paul. Hazc#ges noted that the Oak Ridge Townhome dedication is scheduled for October 17. Mayor Egan stated the Mayors':6itn .A►pplrt 1%alley..l akoville, Burnsville and Eagan will be meeting on October 22. He also stated that the f1fi 4f# I tti tioi# 01%mittee had their last substantive meeting and everything will be formalized on October 17. Councilmember Masin said the MVTA officially closed on buying a garage in Burnsville to house the buses. Mayor Egan commented about &%': article on John "eff. He suggested writing a letter from the City Council telling him how proud they:ire of him and all he tpp done for the community, Councilmember Wachter asked if a letter had been se4'i6.him when, he Jrwft.... t Publishing. He suggested including that EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 ' PAGE 13 in the letter it was nice working with Senior Planner Freese distdbut6d-'a-ftpy'e-'tfiw4orti66:map to each Councilmember. Councilmember Wachter statedsawas concerned about the number of massage licenses at the same location. City Administrator Hedges said it may have to do with the fact that Lifetime Fitness is open seven days a week, 24 hours a day. Councilmember Wachter added that he was interested in the Minnesota Telephone Association correspondence and said it will be interesting to see how Eagan is affected. He asked if the project on Wilderness Run Road had been completed. Director of Public Works Colbert indicated it was finished. Coun0member Wachter stated it was a beautiful job. He commented about the Lone Oak Tree logo proposed 6r the siouge at the Eagan Promenade. Councilmember Masin mentione f ie props std celebration in honor of receiving the National Award for the Water Quality Management Plan... Gild!. Adrnihistrator Hedges said a reception could be held prior to a City Council meeting. Councilmerri...... ►�la:9Ugge d Putting Rich Brasch's name on the reader board recognizing him for his efforts in regaftl'tti''tliis'sw2'rd:''Councilmember Hunter suggested adding a piece to the plaque with his name on it. Councilmembers decided the reception should be held on November 4 prior to the regular City Council meeting. Councilmember Masin stated that she and Councilmember Wachter met on October 14 with a subcommittee from the Park Department on the lawn oben*ai control issue. She added that it is going well. Councilmember Wachter added that they,. are:j6 k 9: -good progress on the issue and there will be an opportunity to comment on the prelirrurlaty!: f�3ft 6rdi nee. Councilmember Masin also said that she and Mayor Egan were at the Conventior>:Oftr- isitors Burlg�u annual convention last week and it was a nice event. Mayor Egan commended Ann SuRY.0 ;:and :An�i'-*Carlon for their efforts. Councilmember Masin noted that the League of Women Voters is Having:;a:] it.0aThursday. She mentioned that Don Clober, who used to own Century 21, had a heart attack abode -4 ek ago. She suggested meeting with the APRNRC and the referendum task force to review the referendum process. She also suggested sending a letter of appreciation to all task force members and everyone who helped with the referendum. Hedges asked if the City Council wanted to have a special meeting with the people Councilmember Masin suggested. Mayor Egan suggested meeting with those individuals at a workshop on November 19. Councilmember Hunter thanked th.e,:C4ty:Attomq.and-0ity Administrator for the letter regarding the Comprehensive Guide Plan. He requestQ::e:;db--.b0' oiti ted to Pat Dill. Councilmember Wachter moved;: i111a fx;. g e;onded a motion to approve the check register dated October 10, 1996 in the amount of $;;Ti??::.fir 5 Nay: 0 90~1 The meeting adjourned at 9:25 p.m. MLK EAGAN CITY COUNCIL MEETING MINUTES: OCTOBER 15, 1996 PAGE 14 Date City Clerk If you need these minutes in an altematW .:&7n such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454. 8535). The City of Eagan is committed to the polity that all persons have equal access to its programs, services, activities, facilities and employment without regawito race, color, creed, religion, national origin, sex, disability, age, sexual orientation, maritai: Latus or.'Otus with regard to public assistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 15,• 1996 A special meeting of the Eaganii. Council was held on Tuesday, October 15, 1996 at 5:00 p.m. at the Eagan Mdnicipal Center. Presera :"re Mayor Egan and City Councilmembers Wachter, Hunter, Awada and Masin. Also present were Citi! Administratpr Tom Hedges, Director of Public Works Tom Colbert, Assistant to the City Administrator: ti�ti:F#iiih ii5t m*:'6 j brintendent of Parks Paul Olson and Senior Planner Lisa Freese. The following merrtbeis ti'Ftke* Ait b;rt'Abldfons Commission were also present, Chair Mike Schlax, Commission Members Jo"White, Ted Gladhill, Joe Harrison, Ed Hannasch, Lance Staricha and Jane Vanderpoel. VISITORS TO BE HEARD There were no visitors in the audience. SIDEWALK/TRAILWAY: INTER jWNTENANCE PROGRAM & POLICY City Administrator Hedges proceed a hi,46ry on why the sidewalk/trailway winter maintenance program and policy is under considera.tion...:.:.:.Oirpctor . pf . Public Works Colbert reviewed the draft sidewalk/trailway winter maintenance propi - pclfi** - licies in some detail. He further reviewed a memo identifying five aspects of the p'rogtarri' where is'su�s may be raised by the public once the trailway/winter maintenance program is implemented. City Councilmember Hunter stated that most residents would like a major grid maintained for snow removal; however, he is confident that once the City provides an -explanation as to how expensive the snow removal is per mile of trail added, people will agree t4,i<t�g:p� gram on an incremental basis. He further stated that he would support a sidewalk ordinary g an .:wolifd suggest that the estimated 1.7 miles to be governed by the ordinance would require-r0tifti t 1 remove the snow and the additional 3.3 miles would be maintained by the City. City Councr?irieittitier Masin tWed that she would prefer that consideration be given to a City-wide ordinance that would:r:all.property owners to remove snow on sidewalks and trailways adjacent to their property. Mayor Egan:6gd:grty'.,ouncilmember Hunter both responded to City Councilmember Masin's proposal with examples sucli''es:-i*o-;Dart parcel and St. John Neumann Church stating that it would be difficult for those property owners to be'required to maintain their sidewalks requiring an enforcement problem for the City. City Councilmember Masin asked if there was time to implement a sidewalk/trailway winter maintenance program before the first snowfall. City Councilmember Awada stated that before the City can pass and enforce an ordinance requiring residents to plow sidewalks/trai[ways adjacent to their property, the City must commit to a sidewalk/trailway winter maintenance program. She further stated that having reviewed the map; ;:Would s - m::appropriate to extend the trailway plowing to an intersection and not end in the middl:.fif fiAe:.pad5ti2y::=:director of Public Works Colbert stated that extending the trails beyond the school'."i calking'. ifs could raise questions about keeping the trail maintenance to a stated purpose whichis'to accoriftriodate walkers from certain neighborhoods to school buildings. City Councilmember Wachter stiad:t:3ii';r'Sili idncemed about the added expense to the operating budget for providing winter trail maintenance and further expressed his concerns about the potential liability of plowing the trails. He further stated that the City will plow the salt laden snow onto yards which can cause some potential damage to grass, shrubs and other landscaping material. Mayor Egan reminded the City Council that the program is a pilot program and should be evaluated after the 1996/1997 winter snow removal season. City;piftSGifmem ber Hunter suggested the City proceed with the program, review it next spring and consider h*:at�loptidi ordinance during 1997. City Councilmember Awada stated that it would be more etWi6m for the City to::CQnsider the ordinance at this time as part of any action to implement the winter trail''maintenance progtayn. She stated that it would be difficult to impose an ordinance on residents req##ing that they maintih their sidewalks a year after the City had provided the plowing for the same ways,. _Ma rc; E1.gat linked the staff for a thorough report which provides a number of expectations if tkit....titi r:s[iiivu:s>i ii i siance program is to be implemented. He further stated that this item will be placed`oi"#he'"te'guie�'Ciiy bouncil agenda, including consideration to EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; OCTOBER 15, 1996 PAGE 2 adopt an ordinance requiring residents to provide the responsibility of snow removal adjacent to their property in certain areas. . . . . JOINT MEETING VlflN AIRPORT RELATIONS COMMITTEE Mayor Egan welcomed members.'' 'I 04 :i i j 0'66.Committee who were present for the joint meeting. :. . Commission Chair Mike Schlax'rtverviewed the issues currently before the Commission which warrant discussion with the City Council. In addition to several updates, the discussion items were noise related land use policies, noise mitigation for an expanded airport and how these issues should be pursued through the legislature and legal channels. With respect to Airport Noise L Use Pplicies, the Commission asked the Council what its expectations are in terms of land use Qpit'trols an*b*U' id operations areas including the corridor and the north/south runway. Mayor Egan noted tli .. the Cori pI;ehensive Plan and conditions placed on subdivisions are useful tools to prevent noise sensitivt4and used::in noise impact areas. City Councilmember Hunter stated that the corridor generally works,::despite:;Aay.in,the:_operations and that few people purchasing homes in the City are surprised by planes::teirig:vsi'liii:::IVl yor Egan stated that the Commission and the Council should consider the appropriate ' contour's for land use, mitigation and stabilization tools including contours for the north/south runway. With respect to mitigation, Mayor Egan noted that the MSP Mitigation Committee did not accept all of the positions of the City, but that mitigation will be provided:beyond the 65 DNL and that the City was successful in forming alliances with other communities, :espi~iaili Minneapolis. The Commission noted that the mitigation plan does not provide for an . indedei€::t�dise and operations monitoring system with enforcement. The Mayor responded .;�K*V:1}te:-:Cifj vies not successful in getting support for this recommendation. City Councilmember A*t da..Stated thit;it is important to keep operations in the corridor and the Commission agreed that it wants to4ig:the;corridor enforced and that the current levels of 20 to 25 percent of operations outside the corridor is'uiiate+pCommissioner Harrison stated that actual excursions are higher. Mayor Egan also noted that the gcovr *projections used in airport planning are dramatically understated. The City Council asked the Commission to monitor the ongoing progress of the mitigation program. There was discussion of the use of a legal and operations consultant to assist the City with its positions. Councilmember Awada stated that if there is something that the City can do legally to enforce operations standards, it should be explored. Courm-1kj umber WaOtar: asked the Commission to recommend a legislative program based on City ivasz were omitted from the Mitigation Committee report. In particular, the Council noted a trisseil'ng mechanism in the law for reconsideration of land banking or other growth options would be.Worthwhil+r.' There were no items for other business. The meeting adjourned at 6:30 p.m. to the regular City Council meeting. TLH uate City Clerk Agenda Information Memo November 4, 1996 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. Item 1. Temporary Building Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of Franklin Martin as a temporary Building Inspector.. Item 2. Part-time Seasonal Civic Arena Employees -- 0 ACTION TO BE CONSIDERED: To approve the hiring of Rebecca Flannery, Quentin Mitchell and Bridget Hunnel as part-time seasonal Concession Workers, Fran Dropkin and Matthew Laird as a part-time seasonal Skate Guards, Colin Kerslake as part-time seasonal supervisor, and Aaron Hunter and Eric Amann as a part-time seasonal Custodial Workers for the Civic Arena. S. Agenda Information Memo November 4, 1996 Eagan City Council Meeting fete) aes 11 &*is) 6111111 " u PZV Eil.-I W N INK -1) ACTION TO BE CONSIDERED: To approve an agreement with Springsted to provide continuing disclosure services to the City of Eagan. FACTS: • Effective January 1, 1990, the Securities and Exchange Commission promulgated a new rule which requires underwriters of municipal securities to make a professional review of the Official Statement prepared for the offering before making a recommendation to an investor to purchase those municipal securities. • In 1995, the Rule was amended to also require issuers of municipal securities to continue to update the information in the Official Statement throughout the life of the issue. • The Rule applies to an}, municipal debt obligation sold after July 3, 1995, with some exceptions. • Springsted agrees to provide these services with an initial one-time set up charge of $250 which will cover all issues of the City. For each covered debt obligation the service fee will be $200 annually, subject to adjustment based on changes in the reporting requirements and inflation. In a reporting period in which the City does not issue debt which produces an Official Statement that can be used as the Annual Report for a particular type of covered debt obligation outstanding, an additional fee of $1300 per type of debt will be charged. Staff' has concluded that this arrangement with Springsted will provide the most efficient and cost effective method to comply with these requirements. More detailed information about the continuing disclosure requirements and a copy of the actual agreement will be provided to City Councilmembers who desire the additional material. 'J Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: "D To approve a confidential settlement agreement with the City of St. Paul. IFACTS: The City of St. Paul has been involved in a Superfund action involving the lead contamination of the former Metals Reduction Company site at 141 Water Street. St. Paul implemented and funded a $1.25 million cleanup of the lead -contaminated soils in 1994. Metals Reduction's and H.S. Kaplan's battery receipts and other records confirm that lead batteries delivered by Eagan were disposed at the site making Eagan liable in part for the cleanup costs. According to those records, Eagan shipped 820 batteries to the site on October 30, 1978. Under Superfund laws, a generator of wastes may be strictly liable for the cleanup costs. A business may be liable for simply selling batteries to the company that wrongfully disposed of them. Strict liability means that a business may be liable regardless of fault. Liability is also retroactive, meaning that generators may be liable for the disposal of hazardous substances even if the activity was legal at the time of disposal. Liability is also joint and several under Superfund, meaning that the obligation to pay is based on ability to pay regardless of the relative volume of batteries sent to the site. This matter has been received by the League of Minnesota Cities Insurance Trust and is not covered by them due to the pollution exclusions in the policy. City Attorney Sheldon has also reviewed the matter and is recommending approval of this agreement. 'he confidential settlement agreement is enclosed without page number. Agenda Information Memo November 4, 1996 Eagan City Council Meeting �7; U MU 0 WTV 113 MITI a :13) ACTION TO BE CONSIDERED: To approve a resolution to issue and sell $6,115,000 General Obligation Improvement Bonds, Series 1996A, $350,000 General Obligation Equipment Certificates of Indebtedness, Series 1996B, and $995,000 General Obligation State Aid Road Refunding Bonds, Series 1996C. FACTS: The General Obligation Improvement Bonds, Series 1996A will provide funding improvement projects which are now completed and assessed or will be in the near future. are being issued net of prepayments which have been received to date. for 13 Bonds The General Obligation Equipment Certificates of Indebtedness, Series 1996B will provide financing for the 1996 equipment revolving fund. These proceeds combined with the dedicated ad valorem tax levy provide the $500,000 annual funding for the equipment section of the City's Capital Improvement Program. A debt service levy is incorporated in the taxes payable for 1997 to begin repayment of the obligation. The bonds will be repaid over a five year period. The $995,000 General Obligation State Aid Road Refunding Bonds, Series 1996C will refund the 1997 through 2001 maturities ($975,000) of the City's General Obligation State Aid Road Bonds, Series 1986A, dated July 1, 1986. The net interest savings is estimated to be approximately $45,095 with a net present valkie savings of approximately $40,844. The net interest rate will be reduced from 7.25% to approximately 4.55%. ATTACHMENTS: ► Enclosed without page number is a copy of the Springsted sale recommendations as prepared with City staff. 0 Agenda Information Item November 4, 1996 Eagan City Council Meeting E. EXTENSION - FINAL SUBDIVISION, PRELIMINARY & FINAL PLANNED_ DEVELOPMENT - SAFARI AT EA AN 3RD ADDITION - FORTUNE REALTY ACTION TO BE CONSIDERED: ► To approve a six month extension that the developer requested ( until April 17, 1997) for the Preliminary Subdivision and Preliminary Planned and Final Planned Development for Safari at Eagan 3rd Addition. FACTS: was approved October 17, 1995. OCT -16-96 WED 11:56 October 17, 1996 Shannon Tyree Project ,planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN. 55122 RE: Final Plat Approval - Safari at Lagan 3rd Addition Dear Shannon: P. 02 According to the letter I have on file dated October I8, 1995 from Marilyn Wucherpfenhig, Planning Aide the Final Plat for Safari at Eagan 3rd Addition was to have City Council approval by October 17, 1996. We are requesting an extension be grante for Final Plat Approval by the City Council until Apr11 17, 19 We anticipate construction of all three buildings in the Sprin of 1997 when we will have the Letters of Credit, Construction Loan and Leasing in place on or before that date. Please advi Sincerely, �I J, a ron Watschke President Fortune Realty, Inc., its General Partner for Eagan 30.7C, A Minnesota Limited Partnership >o PENTAGON PARK TOWER 0 4540 VIKING DRIVE ■ MINNEAPOLIS, MINNESOTA 5543E 0 (012)635.3363 R-94% 10-16-96 11:56AM P002 #36 Agenda Information Memo November 4,1996 - Eagan City Council Meeting F. CORRECTION OF MINUTES - EZ AIR CUP ACTION TO BE CONSIDERED: To re -approve the City Council minutes of October 1, 1996, to include two conditions which did not appear in the copy of the minutes originally ratified on October 15, 1996. ISSUE: Conditions number 7 and S were inadvertently omitted from the Advisory Planning Commission minutes which went to the City Council meeting on October 1, 1996. The minutes should reflect the addition of the two conditions as indicated on the revised City Council minutes so that the Conditional Use Permit issued to the applicant accurately reflects the approved conditions from the APC planning report. BACKGROUND/ ATTACHMENTS: (1) CC minutes of October 1, 1996 (revised), pages through _Zr. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996 PAGE 8 Councilmember Masin asked if the Hockey Association is willing to take the risk that the City may be turned down for funding in the future if the grant money is awarded and not used at this time. Mr. Bechtle stated that they are willing to take that chance. Mayor Egan added that if the Council approves the grant application, it means that the project will not be funded by providing any public financing for the debt service. He further added that he is willing to keep the options open by approving the submittal of the grant application. Councilmember Wachter asked if all the people who pledged for the first ice arena had submitted their money. Mr. Bechtle stated that to the best of his knowledge they had. Councilmember Wachter said that a number of them have not submitted their pledges. He added that the message he received as a result of the failure of the last bond referendum is that people are still concerned with the way the first ice arena was dealt handled. Councilmember Masin asked how much more money the City would have to incur with regard to the submittal of the grant application. Hedges stated there would be no additional cost associated with the submittal of the application. Councilmember Wachter reiterated that the Fire Department and ambulance station also have needs and they should be placed ahead of this request. He added the Council would be giving the Hockey Association the false hope that if they receive the grant money, the City might contribute more funding. Councilmember Hunter stated he is only supporting this request with the understanding that no public dollars will go toward the second sheet of ice and the entire gap needs to be financed through fundraising efforts by some committee. Mayor Egan agreed. Councilmember Awada said she would be voting against this item since there is no plan in place. Councilmember Hunter moved, Councilmember Masin seconded a motion to continue with the Mighty Ducks application for a second sheet of ice with the understanding that no public dollars be expended and the entire gap needs to be financed through private fundraising efforts. Aye: 3 Nay: 2 (Councilmembers Wachter and Awada opposed) Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a resolution to participate in a joint powers agreement with other Dakota County participating cities for the purpose of seeking a grant from the Mighty Ducks Capital Bonding Fund to build a four sheet ice arena for the sports of ice hockey, figure skating, ice ringette, roller hockey, indoor soccer and public ice skating. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - EZ AIR PARK City Administrator Hedges gave an overview on this item. Hedges noted that the applicant had submitted a letter requesting this item be continued to the October 15 City Council meeting; however, the applicant and the Council realized that residents would be in attendance regarding this issue. He further noted that the main reason the applicant requested a continuance was to work on issues surrounding one of the conditions imposed by the APC. Mayor Egan asked, by a show of hands, who was in attendance for this particular item. Seeing a large number of people were present regarding the item, Mayor Egan felt it would be appropriate to go forward with the process. Senior Planner Ridley gave a staff report. Chuck Knowlan, applicant, addressed the Council and stated the reason for the late request for continuance was because of the additional condition of screening approved by the APC. He further stated that he only found out about the condition on Friday, since he was out of town. Ted Sternberg, 1065 Kenneth, addressed the Council and said he feels the propane tank poses a fire hazard. He added that he is also concerned with commercial vehicles being parked on the property because of the potential that they will carry unknown, and possibly, dangerous items. He further added is EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996 PAGE 9 that the applicant has only installed a security fence and not the privacy fence that was promised. Mayor Egan asked Senior Planner Ridley what the applicant would have to do in order to bring the landscaping plan into compliance. Ridley stated they would need to install a six foot wood privacy fence along the property line adjacent to the residential district and the 20 feet will also provide an area for landscaping to add additional plant material that over time would grow to exceed that six foot fence height and further screen the storage area. Councilmember Awada asked for clarification as to what commercial vehicles implies. Ridley stated the intent was to limit storage of commercial vehicles to include only limousines. Teri Brown, 1070 Kenneth Street, addressed the Council and said she was part of a team that spoke to the neighbors and received 85 signatures on a petition stating that the residents are afraid of the propane tank. She suggested the applicant obtain propane for the buses at other locations that already have propane tanks. She added that it is hard to trust the applicant because they are asking for a permit to park RV's, boats and trailers, but they are already parking those items on the site and they have also made promises to the neighborhood that they have not kept. She stated that the propane tank poses both a fire and safety hazard. Councilmember Hunter asked for clarification where the propane tank is to be located. Ridley stated that EZ Air Park will be submitting a revised plan for the location, but he noted the APC direction was to put the tank on the eastern property line as far from the residential structures as possible. Discussion occurred regarding the FHA not issuing occupancy permits for homes in an area of Eagan where there was another propane tank until the tank was moved. Discussion continued regarding the placement of the tank on the site. Kurt Callaster, Manager of the EZ Air Park, addressed the Council and stated the propane tank was proposed to be 600 feet from the property line closest to the residential area. Discussion occurred regarding the FHA's guidelines pertaining to a safe distance for propane tanks from residential areas. Councilmember Awada stated that she thought the requirement was much less than 600 feet. Ridley said that it was probably about 200 feet. Dave Sanford, 1046 Beatrice Street, addressed the Council at length and stated he was concerned with leaks from the tank. He said the tank poses a safety hazard. He further added that placing a propane tank on the site for the sake of convenience is not appropriate. Daniel Meyer, a representative of Thermogas Company, addressed the Council and stated they transport propane under strict codes and regulations. He added the installation of the propane tank is for more than just a convenience for the company. He further added that the applicant is trying this alternative source of fuel in regard to the Clean Air Act of 1990. He noted that the propane powered vehicles the applicant would have in operation would be installed according to codes and regulations. Councilmember Awada asked Mr. Meyer about the required distance a propane tank must be from a residential area. Mr. Meyer stated a tank would have to be from 25 to 100 feet from a residential area depending on the size of the tank. Councilmember Wachter stated the reason there is opposition to the tank is that people are not accustomed to the use of propane. He added that the rationale for using propane is because it is more economical. He further added that if the applicant is only trying this on a trial basis, he could go to a gas station to purchase propane until he decides to continue using propane on a regular basis. Mr. Meyer stated that Thermogas is going to give the applicant a better price than he would pay for retail propane. Councilmember Wachter reiterated that because this is a new use, people are reluctant to use it. Mr. Meyer mentioned that their corporation will deal with all the safety factors. 13 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996 PAGE 10 Ms. Brown referenced newspaper articles she submitted to members of the APC regarding a fire that occurred in West St. Paul in the 1970's. Mr. Knowlan addressed the Council and stated they have operated on the site for the past 11 years and they have been a good neighbor. He discussed the screening that was supposed to be addressed at the time of the expansion. He added they provide a benefit to the community. He stated the reason the RV vehicles have been parked on the site was because they were operating on the basis that they had been given permission in the original CUP. He further stated they only park recreational vehicles and limousines on their lot and not any other types of commercial vehicles. He mentioned the reason the company is converting two vehicles to propane on a test basis is to help the environment and not just for economic reasons. He said what is most important to him is to resolve the issue with the additional condition the APC attached to his CUP. Mayor Egan said he understood Mr. Knowlan's frustration, but added the Council needs to listen to the concerns of the residents as well. Councilmember Wachter stated he remembered when there was a lot of opposition to natural gas when it came to the area. He added that when people understood the rationale and the economics of natural gas, the opposition subsided. Councilmember Awada added the reason the tank was placed in the far corner was to keep it as far from the residential area as possible. She asked for clarification on what screening is required. Mr. Knowlan stated the concerns that neighbors had at the APC meeting were with the propane tank and not the screening. Ridley added that when staff reviewed the file on this property, it was not clear that the outdoor storage had been approved, other than the airport parking. He further added the issue of the setback that exists today, compared to what would be required by Code now, is not unusual since not every detail was attended to in the 1980's when development was occurring rapidly. He suggested working with Mr. Knowlan to try to reconstruct what occurred in 1984 and 1986 when their use was expanded. He clarified that the fence was added in the condition for the purpose of screening. Mr. Knowlan said there is a 70 foot park by their site that they supplied the landscaping for as requested of them. He said it would be very cost -prohibitive to comply with the condition approved by the APC. Discussion occurred regarding the landscaping. Mr. Sternberg asked for clarification on the parking of commercial vehicles on their site near his property. Mayor Egan clarified that only the vehicles that have been on the site for the past few years will be allowed and no other commercial vehicles. Discussion took place pertaining to the panhandle of the property and setbacks. Mayor Egan asked if the applicant's use up to this point had been a permitted non -conforming use on the panhandle of the property and if he would have to meet the current setback criteria for this portion of this property. City Attorney Sheldon stated that since the property is zoned Planned Development and has been operating it on that basis, he originally had to get a permit and landscaping approval from the City. He further stated that the existing facility had to meet the Planned Development requirements. Mayor Egan asked about the installation of the privacy fence along the southern border of the panhandle. Mr. Knowlan stated he would need to evaluate the cost since that is a lengthy run along the border. He further stated there are only about four homes that are exposed to the site. Councilmember Awada said she thinks it would be going overboard to require the applicant to install a privacy fence on the east side of the property, but feels it would be reasonable to require more along the south. Mayor Egan concurred. Mr. Knowlan asked for the opportunity to work with staff in relation to the homes that are exposed to the lot. Councilmember Wachter added that he has no objection to the propane tank. Councilmember Masin said she felt it would not be appropriate for the Council to grant the CUP if the neighbors are opposed. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit for EZ Air Park for outdoor storage to allow a 1,000 gallon propane tank on property located at 2804 Lexington Avenue subject to the following conditions: /Y 3AN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996 3E 11 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A site plan shall be submitted to the City for approval by staff showing the location of the propane tank along the east property line of the site. 3. A landscape plan shall be submitted to the City for approval showing additional landscaping and maintenance of existing landscaping along the west and east property lines adjacent to the residential district. 4. A lighting plan should be provided showing existing and proposed lighting on the site. The Conditional Use Permit shall be continually subject to the following conditions: 1. Limousines for commercial services and recreational vehicles and trailers parked on the site shall be limited to a maximum of two axles. 2. The property shall be properly maintained. 3. No unlicensed or inoperable vehicles may be parked on the site. 4. Commercial and recreational vehicles shall be parked only within the designated paved surfaces as indicated on the site plan dated August 21, 1996. 5. No persons may live in or occupy vehicles parked at the site. 6. No maintenance work may be performed at any time on vehicles parked on the lot. 7. No outdoor storage of hazardous materials or fuel may be stored on the site unless otherwise approved by the City. 8. Protective barriers shall be placed every three feet around the propane tank and dispenser. 9. The applicant shall work with staff on screening along the property line adjacent to the residential district to the south of the proposed site by June 1, 1997, 10. The applicant shall work with staff on required planting and maintenance of landscaping to be completed by June 1, 1997. 4 Nay: 1 (Councilmember Masin opposed) Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Iditional Use Permit for outdoor storage to allow recreational and commercial vehicles on the property ited at 2804 Lexington Avenue subject to the same conditions as listed above: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - LIFETIME FITNESS City Administrator Hedges gave a brief overview on this item. Senior Planner Ridley gave a staff )rt. Mark Zaebst, applicant, addressed the Council and discussed the shortage of parking. /S Agenda Information Memo November 4, 1996 Eagan City Council Meeting G. WAIVER OF SUBDIVISION - WESCOTT HILLS STH ADDITION ACTION TO CONSIDER: ► To recommend approval or denial of a Waiver of Subdivision to allow a duplex lot split for Lot 2, Block 1, Wescott Hills 5th Addition. FACTS: ► Wescott Hills 5th Addition was approved in January 1996 and is zoned R-2, Duplex. The applicant is requesting a waiver of subdivision (duplex lot split) to allow individual ownership of each half of a duplex. The duplex lot split will result in the creation of two parcels, A and B. Combined, the site is less than the 15,000 st minimum lot area required under R-2 zoning; however, a variance was granted as part of the Wescott Hills 5th Addition subdivision to allow this lot to be smaller. The parcels are unequal in size because of the off -center location of the duplex on the lot due to an existing 30 foot wide easement along the east edge of the lot. ► A duplex is currently being constructed on the property. The duplex building meets all setback requirements and separate utility connections are available to each unit. ATTACHMENTS: ► Staff report, pages LZ throu h . Certificate of Survey, page . 16 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 29, 1996 APPLICANT: Thomas S. Anderson PROPERTY OWNER: Thomas S. Anderson REQUEST: Waiver of Subdivision CASE #: 14-W-9-10-96 HEARING DATE: Nov. 4, 1996 PREPARED BY: Julie Farnham LOCATION: Lot 2, Block 1, Wescott Hills 5th Addition COMPREHENSIVE PLAN: D -III Mixed Residential (6-12 units per acre) ZONING: R-2 Duplex SUMMARY OF REQUEST The applicant is requesting a Waiver of Subdivision to allow a duplex lot split for Lot 2, Block 1, Wescott Hills Sth Addition. The property is located on the south side of Wescott Square in the NE 1I4 of Section 14. AUTHORITY FOR REVIEW City Code Section 13.02, Subd. 2, Council Waiver. states: The Council, after review by the Planning Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: 1. In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this Chapter; or, 2. Where an improved plat can be achieved by deviation from certain provisions of this Chapter. BACKGROUNDIHISTORY Wescott Hills 5th Addition was approved in January 1996 consisting of four lots. The subdivision was approved with variances for Lot 2 to the width and area requirements.. The variances were needed due to the existing locations of easements and a private road (Wescott Trail). Despite the narrower width and smaller lot area, Lot 2 can accommodate a duplex building without setback variances. EXISTING CONDITIONS A duplex is currently under construction on the site which fronts on Wescott Square. SURROUNDING USES The following uses, zoning and comprehensive guide plan designations surround the property: North - Townhomes; zoned R-3, guided D -III South - Duplexes; zoned R-3, guided D -III East - Duplexes and townhomes; zoned R-3 and R-4, guided D -III West - Duplex and apartments; zoned R-3 and R-4, guided DJU EVALUATION OF REQUEST The applicant is requesting the waiver of subdivision to allow individual ownership of each half of the duplex. Lot Sizes - The proposed duplex lot split will result in the creation of two parcels; A and B. Parcel A will be 36.5'x 148.8' (5,431.2 sT) and Parcel B will be 56' x 149.7' (8,383.2 s.f.). Combined, the site is less than the 15,000 sT minimum lot area required under R-2 zoning; however, a variance was granted as part of the Wescott Hills 5th Addition subdivision to allow this lot to be less than 15,000 s.f. in area. The parcels are unequal in size because of the off - center location of the duplex on the lot due to an existing 30 foot wide easement along the east edge of the lot. Setbacks - The duplex structure meets all setback requirements. Building Coverage - Due to the small size of Parcel A, lot coverage is 21.5%; more than the 20% allowed by code. Lot coverage on Parcel B is 13.9%. The combined lot coverage of both proposed lots is 16.9%. Access - Access to the two lots will be from Wescott Trail. If a combined driveway access off Wescott Trail is created, a joint driveway easement agreement will be need. Utilities - Sanitary sewer and water are available. Each unit will have separate electrical, gas, water and sanitary sewer service. SUMMARY/CONCLUSION The applicant is proposing a duplex lot split to allow individual ownership of each half of the duplex. Due to the existing lot being less than 15,000 and the presence of a 30 foot wide easement on the lot, the lot coverage on Parcel A exceeds 20%. However, the existing duplex building meets all setback requirements. Separate utility connections are available to each unit. to ACTION TO BECONSIDERED To recommend approval or denial of a Waiver of Subdivision to allow a duplex lot split for Lot 2, Block 1, Wescott Hills 5th Addition. If approved, the following conditions will apply: This Waiver of Subdivision for Lot 2, Block 1, Wescott Hills 5th Addition shall be recorded with the Dakota County Recorder's Office within 60 days of City Council approval. 2. If a combined driveway access off Wescott Trail is created, the applicant shall provide a joint driveway easement agreement to be reviewed and approved by the City Attorney, and recorded with the Dakota County Recorder's Office with the Waiver of Subdivision. /9 ST RTITI:I;:ifi. 9 G:90:IN[0]10ill !':10 0 a z N 27T7 x r r b o o R 5'11vatL llaDsam i 5'11vatL llaDsam CONSULTING 6NGINfERS. TOy �L/ ROB PLRNNERS and LAND SURVEV0R5 M AV 7' ENGINMING COMPANYr INC. • `� PG. 7 1000 EAST 1461h STREET, NURNSVILLE, MINNESOTA 55337 PH 632.3000 CERTIFICATE OF SURVEY LOOT SPLIT 12F.§CRIPTION PARCEL A: That part of Lot 2, Stock 1, WESC07T HILLS STH ADDITION, ac dhg to the recorded plW thereof, Dakota County, NNrressota which Iles west of a line avvn southerly, to the south file thereof, and parallel with the west line of said Lot 2, Block 1 from a point on the north lino thereof distant 36.50 feet easterly from the northwest comer of said Loi 2, Block 1, as measured along said north line, PARCEL B: That pan of Lot 2. Block 1, WESCOTT HILLS STH ADDITION, according to ,.T the recorded plat thereof, Dakota County, Minnesota which Was east of a line drawn 1 � southerly, to the south line thereof, and parallel with the west line of said Lot 2. Block 1 1 SCALE: r . ao from a point on the north line thereof distant 36.50 feet easteiiy from the northwest come, of said Lot 2, Block 1, as measured along said north line. (:EtM3_) UL•NoiES EXISTING ELEVATION UENOTES I1171OPOSEU ELEVATION INUICATES DInECT10N or SURFACE DRAINAGE FINISIIEU GARAGE FLOOn ELEVATION ' BASEMENT FLOOn ELEVATION 71. bin a TOP OF FOUNDATION ELEVATION ,,r,- ,, 2sb^r.67. T- Is mac. �i $ 89 ° 31'45"B ur w= m qw caeuC-.rua'.`°Q" I I 92.50 8bq.�% �Se�i. z� I 136•S� ` i a 5n.car !,� D -TE. o 30 30 F" FROti? ! ;i SET BA K LUrE �+'c,5c NV6s eiPT.'S4 Nuo- 67x.6, FROpk ;? PARCEL Al PARCEL+A i. t= pr{AlNA4E AND UTILITY EASEMNJT 3:.Sc tS_ x eEasf 42.50` r..1 5 84.36`u,"E � 8.� hereby certify that this is a true and correct representation of a tract o land as sho,,rn and described hereon. As prepared by Tne this day o 4-i,.,%. ?..inn. Reg. No. / G6e Agenda Information Memo November 4,1996 Eagan City Council Meeting [elm ta/ . , ACTION TO BE CONSIDERED: To adopt a resolution regarding the impact of the elimination of Kennebec Drive on the EAW decision for RiverPark Office Center located west of Highway 13 and south of Yankee Doodle Road. FACTS: Based on the EAW document, the City Council passed and adopted a resolution of a negative declaration in July 1996 regarding the need for preparation of the Enviromental Impact Statement for the RiverPark Office Center. In August 1996, the City Council chose to remove the Kennebec Drive access from Public Improvement Project 709 due to issues regarding the financing of that extension. The City and its consultants have reviewed the traffic impacts that would result from the elimination of the Kennebec Drive extension to the RiverPark Office Center development. The reassignment of trips onto remaining access roads will not have an appreciable affect on the level of service reported in the EAW at the Yankee Doodle Road/T.H. 13 and T. H. 13Blackhawk Road intersections because the redistributed site traffic is relatively low and does not significantly contribute to the critical lane volumes. BACKGROUND/ATTACHMENTS (1) Resolution, pages through 2� September 18, 1996 memo from City's consultant, page 2L. RESOLUTION NO. CITY OF EAGAN A RESOLUTION REGARDING THE IMPACT OF ELIMINATION OF KENNEBEC DRIVE ON THE EAW DECISION FOR RIVERPARK OFFICE CENTER WHEREAS, the Environmental Assessment Worksheet (EAW) document was prepared for the proposed RiverPark Office Center development and certified for review on May 13, 1996; and WHEREAS, after the required review and comment on the EAW document the City Council of the City of Eagan passed and adopted a resolution of negative declaration on July 16, 1996 with regard to the need for preparation of an EIS for the RiverPark Office Center; and WHEREAS, the EAW analysis was based on an access to Kennebec Drive to the Riverpark Office Center development; and WHEREAS, on August 6, 1996, the City Council decided to remove the Kennebec Drive access from the public improvement Project No. 709 because of issues regarding the financing of that extension; and WHEREAS, the City reviewed the traffic impacts that would result from eliminating the Kennebec Drive access to the RiverPark Office Center development and has concluded that the reassignment of trips onto the remaining access roads will not have an appreciable effect on the level of service reported in the EAW at Yankee Doodle Road/Truck Highway 13 and Truck Highway 13/Blackhawk Road intersections because the redistributed site traffic is relatively low and does not significantly contribute to the critical lane volumes; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Eagan fmds no reason to revise the Environmental Assessment Worksheet prepared for the RiverPark Office Center development. By: Its Mayor Attest: Its Clerk Motion made by: Wachter Seconded by: Hunter Those in favor: All Those against: None D, •' f 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 regular meeting thereof assembled this 4th day of November )Sw*' E.J. VanOverbeke, City Clerk SRF C 0 N S U L T I N G GROUP, INC. Transportation - Civil - Structural - Environmental - Planning ■ Traffic - Landscape Architecture ■ Parking SRF No. 0952279 MEMORANDUM TO: Tom Colbert, P.E. Director of Public Works, City of Eagan FROM: Ferrol O. Robinson. Principa DATE: September 18, 1996 SUBJECT: IMPACT OF KENNEBEC DRIVE ACCESS ELIMINATION ON RIVERPARK OFFICE CENTER We have reviewed the traffic impacts that would result from eliminating the Kennebec Drive access to the Riverpark Office Center development. We have concluded that the reassignment of trips onto the remaining access roads will not have an appreciable effect on the level of service reported in the EAW at Yankee Doodle Road/ TH 13 and TH 13Blackhawk Road intersections. The main reasons for this finding is that the redistributed site traffic is relatively low and does not significantly contribute to the critical lane volumes. Based on this finding, and on conversation with Gregg Downing of the Minnesota Environmental Quality Board, we have concluded that there is no need to amend the EAW. As the RGU, the City may want to pass an informal resolution that would serve to document and record this decision. FOR:bba C26 One Carlson Parkway North, Suite 150, Minneapolis, 'VIN 55447-4443 Telephone (612) 475-0010 ■ Fax (612) 475-2429 An Equai Deport-wuhi Eml7love'r Agenda Information Memo November 4, 1996 I. CONTRACT 97-01 CLIFF RD RESERVOIR ACTION FOR COUNCIL CONSIDERATION: To authorize the preparation of detailed plans and specifications by KLM Engineering, Inc., for Contract 97-01 (Cliff Road Reservoir - Disposal). FACTS: The 2.0 million gallon (M.G.) water reservoir located on Cliff Road across from the Parkview Golf Course was originally constructed in 1978 at a cost of $258,000 as a temporary measure to address low water flows and pressures in what is now the high pressure zone southern portion of the City. In 1982, the Safari 4.0 MG reservoir was constructed providing full service to the high zone service area. The Cliff Road reservoir was then placed in a back-up mode to supplement the high pressure zone service area as needed. In 1990, the Cliff Road Water Treatment Facility was constructed incorporating a 2.0 MG Clear Well reservoir with high service pumps to supplement and serve the high pressure zone essentially replacing the Cliff Road reservoir for effective operations. In 1993, an estimate of $300,000 was obtained to repaint and recondition the Cliff Road reservoir as required to maintain continuous use in the system. This high cost estimate resulted from having to deal with new environmental regulations regarding the lead paint. In 1996, the City completed and adopted an updated Comprehensive Water Supply & Distribution Plan which determined that the Cliff Road reservoir had limited if any beneficial future use to the ultimate water utility system. All departments of the City were then interviewed to determine if there could be any feasible public use for this tank. In consideration of pending increased environmental laws regarding the lead paint, it was determined that there are no feasible alternative uses contemplated at this time. Before more stringent environmental rules are adopted in the State of Minnesota, there is a short window of opportunity to dispose of this tank for salvage material, possibly producing some revenue in lieu of a greater future expense of disposal under stricter environmental regulations. KLM Engineering, Inc., has performed services for the City of Eagan previously through AEC Engineering both directly and as a subconsultant to our standard municipal consultants and are widely recognized as being experts in this type of work. Agenda Information Memo November 4, 1996 J. CONTRACT 95-10, MALLARD PARK 3RD ADDN ACTION FOR COUNCIL CONSIDERATION: To approve the 3rd and final payment for Contract 95-10 (Mallard Park 3rd Addition - Street Rehabilitation) to Valley Paving for $56,541.60 and authorize acceptance for perpetual maintenance subject to warranty provisions. FACTS: This contract provided for the installation of utility services to the Mallard Park 4th Addition and the reconstruction of the streets within the Mallard Park 3rd Addition. All work has been completed in accordance with City approved plans and specifications, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance of perpetual maintenance subject to warranty provisions. K. CONTRACT 96-11. YANKEE DOODLE RD/35E ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #2 to Contract 96- 11 (Yankee Doodle Road /35E) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-11 provides for the upgrading of Yankee Doodle Road and the widening of the existing southbound exit ramp from 35E. • During field construction activities, it was discovered that an existing freeway lighting control cabinet was located within the construction limits and had to be relocated to accommodate the new construction. • The widening of the exit ramp also required the relocation of MnDOT's freeway lighting power supply wires. • This change order results in an addition of $8,178.50 and will be the responsibility of the Major Street Fund. Agenda Information Memo November 4, 1996 L. CONTRACT 96-P EAGAN WOODS OFFICE PK 2ND ADDN ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 96-P (Eagan Woods Office Park 2nd Addition - Storm Sewer) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public storm sewer facilities was performed privately by the developer under the terms and conditions of the referenced subdivision development contract agreement. All work was completed in accordance with City standards, plans and specifications. Final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council authorization of perpetual City maintenance subject to contractual warranty provisions. M. CONTRACT 96-X, WHISPERING WOODS 10TH ADDN ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 96-X (Whispering Woods 10th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public streets and utilities was performed privately by the developer under the terms and conditions of the referenced subdivision development contract agreement. All work was completed in accordance with City standards, plans and specifications. Final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council authorization of perpetual City maintenance subject to contractual warranty provisions. Agenda Information Memo November 4, 1996 N. CONTRACT 95-D, CEDAR HEIGHTS ADDN ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 95-D (Cedar Heights Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public streets and utilities was performed privately by the developer under the terms and conditions of the referenced subdivision development contract agreement. All work was completed in accordance with City standards, plans and specifications. Final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council authorization of perpetual City maintenance subject to contractual warranty provisions. O. CONTRACT 94-I LEXINGTON POINTE 11TH ADDN ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 94-I (Lexington Pointe 11th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public streets and utilities was performed privately by the developer under the terms and conditions of the referenced subdivision development contract agreement. All work was completed in accordance with City standards, plans and specifications. Final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council authorization of perpetual City maintenance subject to contractual warranty provisions. .30 Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To schedule special City Council meetings for November 19, 21, and 25, at 5:00 p.m. FACTS: Special City Council meetings are planned for the second half of November to address upcoming budgets for the City's enterprise funds and capital program and other issues as appropriate. Separate notices and agendas for these meetings will be provided as they approach. 31 Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a resolution of the City of Eagan adopting Stipulation of Settlement resolving an assessment appeal by Prospector's Properties, a General Partnership. FACTS: ► Prospector's Properties, a General Partnership, is Crate Prospects which is located at the northeast quadrant of the Lexington/Lone Oak intersection. As part of City Project #601A, the City assessed Prospector's Properties $43,641.49 for street reconstruction and curb and gutter. ► It is the recommendation of the City Attorney's office that the City Council accept the settlement that would reduce the assessments to $5,000 which amount has already been paid in full. ATTACHMENTS: ► A cop}, of the resolution for Stipulation of Settlement is enclosed on page ,�. 302 RESOLUTION OF THE CITY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on or about May 2, 1995, the City the City of Eagan assessed land ratified by Property Identification Numbers 10-13600-010-01 and 10- 13600-020-01 (the operty"), for curb and gutter, street and street overlay as part of City Public Improvement �..,. 601A and WHEREAS, Prospector's Properties, a general partnership, is the fee owner of the Property and brought an action in District Court appealing the assessment identified as Dakota County District Court File No. 19-C4-95-008244; and WHEREAS, the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, be it resolved, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorized the Mayor and City Clerk to execute the Stipulation on the City's behalf, Dated: , 1996. ATTEST: By: E.J. VanOverbeke Its: City Clerk 33 CITY OF EAGAN Thomas A. Egan Its: Mayor Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve construction/demolition debris licenses for Action Disposal System, Inc., Materials Recovery Ltd., Dick's Sanitation and Aagard Sanitation, as presented. FACTS: City Council recently adopted a code amendment requiring the licensing of refuse haulers handling construction/demolition debris. Mailed notices of the requirement were forwarded to current licensed haulers and firms known to be active in the construction/demolition debris area. In addition, the protective inspections staff provides notices to applicants for new building permits and firms identified with non -licensed haulers on construction sites. ATTACHMENTS: • Application forms enclosed without page number. &y STS 1 ' 1_ U N I► O 14,111411 In 13 1 RWITV _: 1 ACTION TO BE CONSIDERED: To approve construction/demolition debris licenses for Action Disposal System, Inc., Materials Recovery Ltd., Dick's Sanitation and Aagard Sanitation, as presented. FACTS: City Council recently adopted a code amendment requiring the licensing of refuse haulers handling construction/demolition debris. Mailed notices of the requirement were forwarded to current licensed haulers and firms known to be active in the construction/demolition debris area. In addition, the protective inspections staff provides notices to applicants for new building permits and firms identified with non -licensed haulers on construction sites. ATTACHMENTS: • Application forms enclosed without page number. &y Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a tobacco sales license for the Tobacco Warehouse at 2149 Cliff Road as presented. FACTS: The City is in receipt of an application from Eric Svensson for a tobacco sales license for the proposed Tobacco Warehouse to be located in the Cedar Cliff Shopping Center at 2149 Cliff Road. The application has been reviewed by staff and is in order for consideration by City Council. ATTACHMENTS: • Application enclosed without page number. .3S Agenda Information Memo November 4, 1996 Eagan City Council Meeting 0 M0 KV3.11IN" Osseo 1311 "IT11W 1.3 all [I] DIN) X56 141 -R :4511:4 Wo WO ROK91-51-7110 ACTION TO BE CONSIDERED: To approve a massage therapist license for Mark Rhein to perform therapeutic massage at the Care Chiropractic Clinic at 3390 Coachman Road, as presented. FACTS: • The City is in receipt of an application to permit Mark Rhein to practice therapeutic massage at a currently licensed location, the Care Chiropractic Clinic at the corner of Coachman and Yankee Doodle Roads. • The application has been reviewed by staff and the Police Department and is in order for consideration by the Council at this time. ATTACHMENTS: • Application form enclosed without page number. 36 Agenda Information Memo November 4, 1996 Eagan City Council Meeting t► *16 M111 / 01 1114,44 WIWI► eulul Ulm ACTION TO BE CONSIDERED: To accept the resignation of Dee Richards from the City's Advisory Planning Commission. FACTS: Dee Richards has submitted her resignation from the Advisory Planning Commission because of the short time remaining before the new year's organizational business, staff is recommending that this vacancy be refilled as a part of the regular commission appointments in January. 32 Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To accept the resignation of Stephen Thompson fron Resources Commission. FACTS: • Due to the short time remaining until nex recommending that this vacancy be filled as a p in January. ATTACHMENTS: • Mr. Thompson's letter on page Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a Final Subdivision for the Apollo Subdivision located south of the Apollo Road/Lunar Lane intersection. FACTS: Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: (1) 39 II a i4 p ' I � ' I ; � i 1 � � I � I _ frwr •l�i,aa - � ao�a mw 6 of o �= o Lai W }* I f �In I ■ I t! �= I I s 3 I ; ,s. t� ; II a i4 p ' I � ' I ; � i 1 � � I � I _ frwr •l�i,aa - � ao�a mw 6 of �J f1�L1 •,/�f{� �3 �4 .0 a,a+ aw - Lai W }* �J f1�L1 •,/�f{� �3 �4 .0 a,a+ aw Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To award the bid for the 65 foot pumper/telesquirt to General Safety for the demo vehicle with trade- in bid for the price of $380,460. ATTACHMENT: ► Enclosed on page is a copy of the bids as received for this vehicle. city of eagan DATE: October 31, 1996 T0: Tom Hedges, City Administrator FROM: Craig Jensen, Fire Chief SUBJECT: 66' PumperlTelesquirt MEMO On October 29, 1996, the fire department opened bids received on the above -referenced vehicle. Three bids were submitted as follows: General Safety Base $424,760 Demo $390,960 Demo w/trade-in $380,460 Pierce Base $412,416 Demo $407,416 Demo w/trade-in no bid E -One Base $401,019 Demo no bid Demo w/trade-in no bid After extensive review by the Fire Department's Truck Committee, it has been recommended that Council award the bid to General Safety for the demo vehicle with trade-in for the price of $380,460. It should be noted that the other manufacturers did not meet the minimum specifications. I plan on attending the November 5, 1996 council meeting to answer any questions which may arise. However, if you have any questions prior to that meeting, please do not hesitate to contact me. Sincerely, 40raiensen, Fire Chief CJ/kmk cc: Mike Scott, Truck Committee Chairperson Agenda Information Memo November 4, 1996 Y. CONTRACT 96-01 EAGANDALE CORPORATE CENTER ADDN ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #1 to Contract 96-01 (Eagandale Corporate Center Addition) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Plans and specifications for the installation of public streets and utilities for the Eagandale Corporate Center Addition was prepared based on the preliminary plat layout submitted by the developer. Competitive bids were solicited and presented to the City Council for consideration of contract award on September 17, 1996. • Contract was not awarded on September 17, 1996, due to the fact that the developer did not complete his final plat application process within that time frame. The developer, Maplewood Acres, Inc., subsequently changed the configuration of the previously approved preliminary plat and revised the .final plat application accordingly. The change incorporated the elimination of the previous cul-de-sacs on Aldrin Drive and provided for a continuous street from Mike Collins Drive to Neil Armstrong Boulevard. Due to seasonal construction constraints, the developer requested the City to award the contract as originally designed and requested that the change in scope of the contract be processed as a change order. • This change order provides for an increase in quantities for the necessary public streets and utilities and results in an increase of $149,213.45 (+16.4%). All costs associated with this change order will be the full responsibility of the development under the terms and conditions of the development agreement. Agenda Information Memo November 4, 1996 Z. CONTRACT 95-M, MALLARD PARK 4TH ADDN ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 95-M (Mallard Park 4th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public streets and utilities was performed privately by the developer under the terms and conditions of the referenced subdivision development contract agreement. All work was completed in accordance with City standards, plans and specifications. Final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council authorization of perpetual City maintenance subject to contractual warranty provisions. 4 y Agenda Information Memo November 4, 1996 Eagan City Council Meeting CLIC HEARINGS ACTION TO BE CONSIDERED: To approve or deny the resolution ratifying and confirming the October 15, 1996 Resolution No. 96- 91 extending the maturity date of the Bond and making other changes to the Bond. FACTS: At the October 1, 1996 City Council meeting, a public hearing was set for November 4, 1996 to consider certain aspects of financing for the Royal Oak Circle Project. At the October 15, 1996 City Council meeting, a resolution was passed which made technical amendments to the bond terms, including the elimination of accumulated and contingent interest. The resolution also authorized an extension to the maturity date and use of credit enhancement, subject to ratification on November 4, 1996, after the public hearing has been held. ► The City's bond attorney, Steve Rosholt of Faegre & Benson, has been reviewing all documents and proposed transactions on behalf of the City. He is satisfied that the City's interests are protected and, in fact, improved with this transaction. ATTACHMENTS: ► Proposed resolution on page6 . ► Brief letter of explanation from Steve Rosholt on page. RESOLUTION NO. RESOLUTIONS RATIFYING AND CONFIRMING THE OCTOBER 15,1996 RESOLUTIONS OF THE CITY COUNCIL OF EAGAN, MINNESOTA, WITH RESPECT TO THE CITY'S $12,580,000 MULTIFAMILY HOUSING MORTGAGE REVENUE BOND (ROYAL OAK CIRCLE PROJECT) SERIES 1986 WHEREAS, on October 15, 1996, the City of Eagan, Minnesota (the "Issuer), acting through its City Council, passed Resolution No. 96-91 authorizing and approving certain modifications to its "$12,580,000 Multifamily Housing Revenue Bond (Royal Oak Circle Project), Series 1986" (the "Bond"); and WHEREAS, Resolution No. 96-91 authorized the City to extend the maturity date of the Bond to a date not later than December 1, 2018; and WHEREAS�n order to extend the maturity of the Bond and make the other changes to the Bond authorized by Resolution No. 96-91, Section 147(f) of the Internal Revenue Code of 1986 requires that the City hold a public hearing, following reasonable public notice, on the proposed amendments to the Bond prior to the City's approval of such amendments; and WHEREAS, the public hearing with respect to the proposed amendments to the Bond was held on November 4, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA: That Resolution No. 96-91 be and hereby is ratified, confirmed and approved in its entirety. Motion made by: Seconded by: Those in Favor: Those Against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of November, 1996. �� E. J. VanOverbeke, City Clerk OCT M '96 10:47 FAEGRE & BENsoN P,2 F,AEGEE & BENSON Lu moo Noxww Curran, 90 Sova; Seung M Bram zz.srt M 110 -M -M= ausmm -30" October 31, 1996 Mr. Gene Van Qverbeka BY IZLIE!CQZX Clerk Tree surer 612/681.4612 City of Bagan 3830 Pilot Knob Road Baffin, MN 55122 Dear Cane: this project. This is to briefly describe the actions the City is being asked to take in conation with In 1986, the City issued $12,580,044 Multifamily Housing Revenue Bonds (Royal Oak Circle Project! Series 1986 to filum the project, In 1991, u a result of certain delinquencies, ownership changed. However, the current financial structure is not in a durable form because, awns other aspects, there is accrued and unpaid accumulated interest. The proposed November 4 action would complete the Steps necessary to create a durable structure. The Council has (a) adopted A resolution at its October 15 meeting to make certain, technical Amw4monts to the Bond terms, including the elimination of accumulated and contingent interest, and (b) scheduled a public hearing for the regular November 4 meeting to consider certain aspects for which a hearing is required under tax law, including extension of the maturity date and credit enhancement. The actions taken October 15 were subject to the public hearing and are effective upon consummation of a proposed nr4ar involving the ownership interests in these and a number of other bonds. If that transaction is not completed, the changes would not become effective. The action bested of the Council is to confirm the October 15 resolution to make effective those aspects, including laterest rate adjustment and maturity extension, that require a public hearing. As the owners have asserted, the proposed amendments would eliminate a )dstinj de&uks and put the project on a sounder financial footing, thereby reducing the chance of City involvement in a fimue de&ult. Very truly Ste n C. Ro nit SCR:mlr&.oiss6=oi fid* ZWxwr Dw itaka Lwow Avw*,rt Abway R-98% I/ 612 336 3027 10-31-96 11:46AM P002 #26 Agenda Information Memo November 4, 1996 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: The City currently has approximately 277 utility bill accounts with delinquent payments. The assessable amount of these accounts is $48,369.83. These items are in order for certification to the County. ATTACHMENTS: Delinquent account list of pages through. y1? REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID ` AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1011160704 101670317005 159.70 AC 184.70 1020550801 101670130007 76.75 AC 101.75 1030330303 101670106005 74.49 AC 99.49 1030900303 101670110002 6.25 AC 31.25 1040290703 101670125001 208.55 AC 233.55 1040450702 101670109001 255.19 AC 280.19 1041070205 101670308002 160.76 AC 185.76 1050290402 108460001007 128.18 AC 153.18 1050330802 108460002006 213.46 AC 238.46 1051120204 108460005002 222.33 AC 247.33 1060650701 102488021005 212.40 AC 237.40 1070120904 108435103001 126.04 AC 151.04 1070280104 108435109002 163.81 AC 188.81 1080250203 108435018002 223.36 AC 248.36 1090050401 108435406001 332.07 AC 357.07 1090070201 108435408001 176.51 AC 201.51 1090300301 108435402002 288.72 AC 313.72 1090510702 108435417003 133.80 AC 158.80 1090650102 108435401004 245.30 AC 270.30 1091050303 108425020001 473.01 AC 498.01 1100520406 108460111001 80.46 AC 105.46 1101060006 108460204004 103.98 AC 128.98 1101160804 108460205005 52.74 AC 77.74 1110200103 108460226003 178.78 AC 203.78 1110530103 108460232002 49.00 AC 74.00 1110550906 108460230002 122.75 AC 147.75 1111420406 108460203001 44.22 AC 69.22 Y7 REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1111590401 104725129001 212.42 AC 237.42 1120170402 106440006005 235.55 AC 260.55 1120400501 106440005001 286.51 AC 311.51 1140570101 108435507005 62.01 AC 87.01 1140571901 108435507005 129.86 AC 154.86 1150620101 108425107004 203.77 AC 228.77 1151410602 101480012001 78.94 AC 103.94 1160320602 101775014002 112.94 AC 137.94 1162270101 107120003002 31.77 AC 56.77 1171340102 104805010101 202.18 AC 227.18 1171840001 107297514001 129.86 AC 154.86 1172760903 107297601002 109.70 AC 134.70 1181370604 101350007009 60.88 AC 85.88 1181590901 101350021006 160.63 AC 185.63 1181880401 101350025006 164.33 AC 189.33 1190130301 101500309001 209.51 AC 234.51 1190160002 101500312001 60.54 AC 85.54 1200730802 108195016001 177.01 AC 202.01 1200930403 108195005002 575.14 AC 600.14 1201300901 108195008005 16.32 AC 41.32 1201310801 108195008005 16.32 AC 41.32 1201360303 108195005105 185.52 AC 210.52 1201661402 103860002201 53.96 AC 78.96 1202220804 107585202001 4.68 AC 29.68 1210870003 101715201003 73.66 AC 98.66 1212180201 108355001004 134.36 AC 159.36 1212360001 108355001001 138.08 AC 163.08 s�j REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1213030803 106760005002 151.31 AC 176.31 1213350004 105380112201 123.20 AC 148.20 1220520901 104430001002 145.61 AC 170.61 1222250103 105210010005 52.07 AC 77.07 1222800302 105210003006 172.50 AC 197.50 1223460501 102580003001 24.09 AC 49.09 1223920801 102580011102 294.06 AC 319.06 1224300201 107298701001 167.97 AC 192.97 1224720102 107299604001 245.11 AC 270.11 1226260602 102580101004 198.48 AC 223.48 1230040602 103980104001 145.57 AC 170.57 1230930803 103980202001 .96 AC 25.96 1231130403 103980202006 62.71 AC 87.71 1231170003 103980202007 147.93 AC 172.93 1231760803 103980302009 58.15 AC 83.15 1231780602 103980304010 121.58 AC 146.58 1242070901 105210107001 170.45 AC 195.45 1243010402 104507101002 190.74 AC 215.74 1246200802 104509010002 90.39 AC 115.39 1260440103 101660105003 250.71 AC 275.71 1260830305 101660204001 222.70 AC 247.70 1260920205 101660212102 382.79 AC 407.79 1261180206 101740014400 113.30 AC 138.30 1261290905 101740015500 100.90 AC 125.90 1261730407 101740018000 81.57 AC 106.57 1261890605 101740002204 250.41 AC 275.41 1261900306 101740002104 57.92 AC 82.92 S/ REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1262230406 101740004101 2.56 AC 27.56 1262310401 101740008201 106.43 AC 131.43 1262340106 101740009201 41.11 AC 66.11 1262480503 101740221102 223.34 AC 248.34 1262540602 101740227002 239.57 AC 264.57 1262560405 101740209103 60.10 AC 85.10 1262710504 101740202103 191.06 AC 216.06 1263110703 101740204104 35.79 AC 60.79 1263286503 101740404101 109.92 AC 134.92 1264410001 106920010000 108.71 AC 133.71 1270870703 106398004008 216.14 AC 241.14 1271400201 106398004013 68.65 AC 93.65 1280170003 106398102009 32.51 AC 57.51 1280280706 106398103008 118.00 AC 143.00 1280350805 106398102007 101.35 AC 126.35 1280730104 106398204006 122.07 AC 147.07 1280800206 106398203006 136.47 AC 161.47 1280840807 106398609001 170.64 AC 195.64 1281200404 106398303009 169.48 AC 194.48 1281250901 106398304008 280.19 AC 305.19 1281660905 106398403013 155.90 AC 180.90 1282000702 106398401003 181.44 AC 206.44 1282110404 106398404001 72.68 AC 97.68 1282230002 105675001006 75.45 AC 100.45 1282480102 105675105001 142.48 AC 167.48 1282700201 105675003004 82.10 AC 107.10 1283810805 101375002001 239.09 AC 264.09 6- REPORT SORTED BY ACCOUNT NUMBER 30-OCT-1996 (09:09) ACCOUNT-NUMB ------------------------------------------------------------------------------------------------ PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 1283870202 101375005002 129.87 AC 154.87 1283910603 101375009002 229.63 AC 254.63 1290880201 102275025003 141.77 AC 166.77 1290980003 102275015003 271.22 AC 296.22 1291130103 102275047002 176.73 AC 201.73 1301410501 103297508001 199.66 AC 224.66 1302880804 102560115001 249.64 AC 274.64 1310570501 101230005005 130.47 AC 155.47 1310990501 104727702003 198.58 AC 223.58 1311270102 107296108001 171.94 AC 196.94 1312880603 103215018003 160.97 AC 185.97 1316630101 108375101004 32.76 AC 57.76 1317810802 104509406001 51.25 AC 76.25 1317960101 104509404002 70.11 AC 95.11 1320920001 104725324001 50.51 AC 75.51 1550900301 100360001281 16.84 AC 41.84 1551150401 105360001002 16.84 AC 41.84 1551390601 100360001082 16.84 AC 41.84 2311220405 101670010006 64.70 AC 89.70 2320620403 101670018009 73.66 AC 98.66 2321530402 101670209006 3.06 AC 28.06 2330060102 101665006001 50.57 AC 75.57 2330080901 101665004001 102.03 AC 127.03 2330580803 101670243008 79.60 AC 104.60 2340320703 101370007001 1.42 AC 26.42 2340420502 100190002007 265.39 AC 290.39 2340560802 100190001006 313.04 AC 338.04 s3 REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2340840401 101330003001 178.04 AC 203.04 2342000303 101430110001 98.66 AC 123.66 2342060704 101430103001 136.98 AC 161.98 2350200802 101170007001 178.15 AC 203.15 2350480602 101670403004 51.25 AC 76.25 2350710601 101670402005 166.10 AC 191.10 2350740301 101670405005 128.95 AC 153.95 2350950801 101670410011 295.46 AC 320.46 2360130505 101670403007 114.12 AC 139.12 2370040403 101670533006 85.69 AC 110.69 2370130303 101670524006 208.19 AC 233.19 2370250901 101670512006 221.38 AC 246.38 2380330701 101670415010 210.99 AC 235.99 2380360401 101670412010 200.02 AC 225.02 2380880104 101670614002 178.51 AC 203.51 2390050903 101190004001 53.29 AC 78.29 2390620901 101670608010 146.09 AC 171.09 2390860101 101670619009 230.41 AC 255.41 2390960904 101670605008 50.42 AC 75.42 2391300704 101670614007 120.30 AC 145.30 2391840202 103295102007 55.09 AC 80.09 2391910302 103295101009 101.91 AC 126.91 2391940003 103295104009 117.13 AC 142.13 2391960802 103295204006 191.29 AC 216.29 2392010102 103295202007 85.54 AC 110.54 2400070501 107710006017 18.65 AC 43.65 2400310504 107710002018 60.42 AC 85.42 sy REPORT.SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2400860902 107710003006 100.58 AC 125.58 2401290804 107710006008 1.39 AC 26.39 2401370804 107710006009 2.05 AC 27.05 2410760901 101670708008 246.60 AC 271.60 2410880503 101670708005 130.22 AC 155.22 2410960503 101670727006 182.05 AC 207.05 2420230105 107300006004 63.73 AC 88.73 2420260804 107300005003 69.96 AC 94.96 2420380405 107300007020 395.60 AC 420.60 2420410907 107300005020 212.02 AC 237.02 2420510606 107300002016 400.17 AC 425.17 2420540302 107300002014 85.14 AC 110.14 2420610402 107300005011 155.91 AC 180.91 2420740904 107300004006 65.48 AC 90.48 2421080901 107300104014 169.34 AC 194.34 2421090805 107300101014 253.57 AC 278.57 2421660801 107300404005 296.78 AC 321.78 2431020301 107650203008 102.61 AC 127.61 2431270402 107650301014 112.71 AC 137.71 2433130804 108446105002 111.20 AC 136.20 2433350203 108446017003 49.68 AC 74.68 2433380902 108446012001 289.47 AC 314.47 2433570504 108446011002 449.60 AC 474.60 2440630803 101438105002 161.77 AC 186.77 2440641501 100160001379 258.93 AC 283.93 2442785801 107703101001 465.67 AC 490.67 2451180003 108365005105 2.39 AC 27.39 55 REPORT SORTED BY ACCOUNT NUMBER 30-OCT-1996 (09:09) ACCOUNT-NUMB ------------------------------------------------------------------------------------------------ PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 2451630404 108365108002 124.70 AC 149.70 2456000502 108365201002 151.84 AC 176.84 2460590903 102190040001 150.72 AC 175.72 2470580801 103300018006 212.19 AC 237.19 2471268901 101380005001 329.70 AC 354.70 2471400802 101697522001 243.40 AC 268.40 2480760402 106590205002 133.52 AC 158.52 2490110003 103275004002 181.70 AC 206.70 2500040707 101499004001 .99 AC 25.99 2500090202 101499009001 43.54 AC 68.54 2500131404 101499306001 105.39 AC 130.39 2500410207 101499207001 77.25 AC 102.25 2500510902 101499217001 78.51 AC 103.51 2500680001 101499234001 369.89 AC 394.89 2500740208 101499321001 137.55 AC 162.55 2501260002 101499301002 171.25 AC 196.25 2501440804 101499312001 49.00 AC 74.00 2501480403 101499316001 104.40 AC 129.40 2510130403 103190013002 35.01 AC 35.01 2520580801 101440003001 104.67 AC 129.67 2521350502 101440105002 144.56 AC 169.56 2550340001 104445004001 22.36 AC 47.36 2561430602 101997504002 119.50 AC 144.50 2563730701 101370003001 46.77 AC 71.77 3550100601 100020002078 16.98 AC 41.98 3550140201 100100006030 17.56 AC 42.56 3550490101 100380008002 17.56 AC 42.56 S6 REPORT,SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3550660901 104870001200 17.56 AC 42:56 3550760701 100080001175 15.25 AC 40.25 3551400901 100120006002 15.32 AC 40.32 3610700106 104130004001 50.59 AC 75.59 3611278702 101815003007 109.35 AC 134.35 3611530103 101630004001 197.97 AC 222.97 3611720804 101630023001 129.08 AC 154.08 3614460805 101807548001 175.62 AC 200.62 3621090401 105530014001 209.98 AC 234.98 3621140701 105530036004 86.26 AC 111.26 3630030902 103289003001 93.42 AC 118.42 3630700702 101830009105 158.25 AC 183.25 3640020802 102310008003 3163.30 AC 3188.30 3640480410 102096021001 129.99 AC 154.99 3640620504 102096016004 318.51 AC 343.51 3643050201 104465157001 198.10 AC 223.10 3643390202 104465103001 50.00 AC 75.00 3650900805 104775004003 257.31 AC 282.31 3651030302 104775110001 193.46 AC 218.46 3651260601 104775210002 108.44 AC 133.44 3660580604 103200105001 233.49 AC 258.49 3660790101 103200003000 240.94 AC 265.94 3670990501 101550107006 130.96 AC 155.96 3671290901 101550140002 195.52 AC 220.52 3672550501 101550114003 118.88 AC 143.88 3680400301 103299007003 259.78 AC 284.78 3700550101 108361215001 34.14 AC 59.14 S7 REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3700560001 108361216001 34.14 AC 59.14 3700570901 108361217001 34.14 AC 59.14 3700580801 108361218001 34.14 AC 59.14 3700590701 108361219001 34.14 AC 59.14 3701730803 104506009002 169.13 AC 194.13 3702510302 104506014005 108.97 AC 133.97 3710660601 107250028001 156.79 AC 181.79 3711640702 107250011005 79.49 AC 104.49 3750500501 101827538003 127.26 AC 152.26 3760680302 101499602004 56.92 AC 81.92 3761260301 101499603012 218.02 AC 243.02 3770240403 104507505005 123.53 AC 148.53 3770840101 104507522001 484.34 AC 509.34 3780040603 104508010004 192.48 AC 217.48 3790640101 107298305001 94.20 AC 119.20 3800520302 107587505003 201.03 AC 226.03 3825520401 107259010001 83.79 AC 108.79 39946.71* <*> 1130871509 101710401101 41.86 CB 66.86 1260760204 101660004005 107.32 CB 132.32 1262630505 101740206103 339.41 CB 364.41 1262630506 101740206103 111.59 CB 136.59 1290950303 102275018003 82.80 CB 107.80 1315160001 103215110002 1.50 CB 25.00 1316270602 108385133001 78.17 CB 103.17 1317700101 103215208002 7.50 CB 32.50 2371410802 101671101201 51.20 CB 76.20 sg REPORT SORTED BY ACCOUNT NUMBER 30 -OCT -1996 (09:09) ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2420440604 107300005019 98.80 CB 123.80 2421190601 107300101009 200.14 CB 225.14 3550980101 100140001301 35.79 CB 60.79 3631100902 101830007002 264.79 CB 289.79 3770040803 104507504004 44.69 CB 69.69 3825440501 107259002001 75.01 CB 100.01 3825460301 107259004001 9.05 CB 34.05 1549.62* G*> 41496.33* 48369.83* sq Agenda Information Memo November 4, 1996 C. PROJECT 6368, POPPLER LANE ACTION FOR COUNCIL CONSIDERATION: To reschedule the final assessment public hearing to November 19, 1996 FACTS: On October 1, 1996, the City Council received the final assessment roll for Project 636R and scheduled a public hearing to be held on November 4. Unfortunately, the required legal notifications were not mailed within the proper time frame to meet the statutory requirements for a November 4 public hearing. Therefore, it is necessary for the City Council to reschedule a public hearing to November 19, 1996. All affected property owners have been notified of this change in public hearing date. 6 0 Agenda Information Memo November 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve, deny or continue consideration of an amendment of Eagan City Code, Chapter 7.05, subd. 5, concerning the maintenance of streets and sidewalks, requiring the removal of snow and ice on designated sidewalks by adjacent property owners. FACTS: At its meeting of October 15, the City Council adopted the winter trail maintenance program with operational policies and directed the preparation of an ordinance amendment requiring the owners or occupants of property adjacent to designated sidewalks to remove all snow and ice from the sidewalks within 24 hours. The ordinance amendment also has requirements for noticing owners or occupants who fail to comply with the requirement and the collection of costs in the event that the failure to comply requires that the City remove the snow and ice. Snow and ice removal sidewalks will be designated by resolution of the City- Council. In the first year of the program specific areas will be identified which will facilitate walkers to and from schools within the City. The Council may expand or reduce the program in future years as circumstances warrant. Under this program, all trails and sidewalks in the designated areas which are not covered by the ordinance will be cleared by the City. ISSUES: The City should determine whether, for purposes of this ordinance, there should be any distinction between bituminous trailways and 5' - 6' concrete sidewalks for adjacent property owners. Should clearing a pedestrian walkway, regardless of type, be the responsibility of the adjacent property owner? Or should bituminous trails, regardless of location, be the responsibility of the City with only concrete sidewalks falling under the ordinance? The draft ordinance affects properties "adjacent" to a public "sidewalk." Should this include side and rear lot walkways? Should there be a difference if the side or rear lot walkway is along a collector or local street? 6/ 6114113 Did ACTION TO BE CONSIDERED: To approve, deny or continue consideration of an amendment of Eagan City Code, Chapter 7.05, subd. 5, concerning the maintenance of streets and sidewalks, requiring the removal of snow and ice on designated sidewalks by adjacent property owners. FACTS: At its meeting of October 15, the City Council adopted the winter trail maintenance program with operational policies and directed the preparation of an ordinance amendment requiring the owners or occupants of property adjacent to designated sidewalks to remove all snow and ice from the sidewalks within 24 hours. The ordinance amendment also has requirements for noticing owners or occupants who fail to comply with the requirement and the collection of costs in the event that the failure to comply requires that the City remove the snow and ice. Snow and ice removal sidewalks will be designated by resolution of the City- Council. In the first year of the program specific areas will be identified which will facilitate walkers to and from schools within the City. The Council may expand or reduce the program in future years as circumstances warrant. Under this program, all trails and sidewalks in the designated areas which are not covered by the ordinance will be cleared by the City. ISSUES: The City should determine whether, for purposes of this ordinance, there should be any distinction between bituminous trailways and 5' - 6' concrete sidewalks for adjacent property owners. Should clearing a pedestrian walkway, regardless of type, be the responsibility of the adjacent property owner? Or should bituminous trails, regardless of location, be the responsibility of the City with only concrete sidewalks falling under the ordinance? The draft ordinance affects properties "adjacent" to a public "sidewalk." Should this include side and rear lot walkways? Should there be a difference if the side or rear lot walkway is along a collector or local street? 6/ Agenda Information Memo November 4, 1996 Eagan City Council Meeting Along Johnny Cake Ridge Road, there are two single family homes with front yards, one single family with side yard and seven quad units with front/side yards in the middle of what would otherwise be a City trailway obligation. Does the City's contractor skip over these properties or continue through? The definitions of "sidewalk" and side/rear lot obligations will possibly have an impact on this issue as well. The City should also determine whether to extend this maintenance program beyond the school district's walking area limits to another terminus. In the case of Denmark Avenue, the designated area ends four houses before the intersection with Deerwood Drive. Should the designated area be extended to the intersection to improve the usability of the sidewalk and to avoid ending the ordinance obligation at a lot line. Once these issues are addressed, the City Council may wish to move forward with action on the ordinance or continue the item to the November 19 or December 4 City Council meeting and provide notice to the affected property owners. If the Council continues the action and a snowfall occurs, staff requests direction as to whether it should implement the City - contracted portion of the program prior to Council action on the ordinance. ATTACHMENTS: • Draft ordinance on pages 0 through YL. • Designated snow removal sidewalk maps on page457hrough r.� SENT BY 11- 1-96 ; 12:42 ; ORDINANCE NO. SEVSMN SHMWN- ZND SERIES 612 681 4612;# 2/ 3 AN ORDINANCE OF THE CITY Or EAGAN, MINNESOTA, AMENDING EAGrAN CITY CODE CHAPTER ENTffLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 7.05, SUED. S, REGARDING SNOW & IC'.E REMOVAL; AND BY ADOP'T'ING BY REFERENCE EAGAN CITY CODE CHAPTER 1. The City Council of the City of Eagan does ordain: Section 1. Fagan City Code Chapter 7 is hereby sided by changing Section 7.05, Subd. 51, to read as follows: Subd. s. F%W Snow or Ice in a -Roadway Streets or on * Sidewalks. A. Removal of Snow or Ice From Sidewalks. (1) Removal of Snow or ice Required. The owner or occu nt of anv "10 tsr fidiacent to a public sidewalk, which is eacPressly designated as a snow and ice mmoval sidewalk by resolution of the City Co—unc-L shall remove all snow or ice from -such sidewalk within twenty four (a hours after its deposit ficr+eon Ano snow a ice upon such desiggglgd sidewalk which isnot removed as prescribed herein shall cmvstittrte a pubho nuisance. Q C 3� Mg Order Work Done. If any owner or occupant fails to rcmove snow or ice as Mui red under this subdivisicum and after notice giEg by the City. has not witiun twelve 121 hours complied with this subdivision, ate Cid may perform such world keeping, accurate account of the costs thereof for each�lot, piece ca - Marcel abuttingthe sidewalk. The owner or occupant shall be persanallX liable and shalt pay the costs within thirty ,(30) dans of mailing of invoice by the Citi 3) As cament, When rr,avmeat is not _remitted as renamed herein. the City Clerk Treasurer mu, at the next Mg ting present such information to the City Council. The City Council may approve all or a portion_ of AM snow or ice removal costs .as herein provided as a special assessment alamst the abuthrig= ext►r and such Wgpial assessmere shA at the time of cue . .ng taxes to the C.oun Auftor, -be cer fiied for collection as other special assessments are certified and collected gusua nt to Minnesota Sm*s SeWon. 429.1o1. A. & Placement of Snow or Ice Within Street Right of-Wav -a mwdemewer-ft-any-No person, $et unless aching under a specific contract with the 63 R=94% 612 432 3780 11-01-96 12:58PM P002 #02 SENT BY: R=94% 11- 1-96 ; 12:42 ; SEVERSON S[ELDON-i 612 681 4612;# 3l 3 City or withe* special permission from the City, W wave shad place snow or ice fieffi 0-, in any (ravel portion of anv sheet ri-af- way. G Viol an.Any vio 'on of Subdivision shall be a pqq misdemeanor offense. Section 2. Eagan Qty Code Chapter 1 entitled °General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' are hereby adopted in their entirety by reference as thougb repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. AT'T'EST: By: E.1. VanOverbeke Its: Cluk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: A � 612 432 3780 11-01-96 12:58PM P003 #02 November 1, 1996 City of Eagan Community Development Department Q Properties Affected by Ordinance • ••:' Designated Snow Removal Sidewalk 6s Q N 200 0 200 Feet C.S.A.H. NO. 30 (DIFFLEY RUAUJ- 0 c 0 Z H Q� �i �N D$ EA VE h 4521 iy 554 b a 522 523 Nm� 52 G T. K 844 $ 52 G 632 Q L5 s2B �s $24 �0 62D @ 548 616 C sss 10 a $ w Z N m 0 tri Z O J City of Eagan Community Development Department Q Properties Affected by Ordinance • ••:' Designated Snow Removal Sidewalk 6s Q N 200 0 200 Feet Nnvamhar 1 'IQQR City of Eagan Community Development Department e•.; Designated Snow Removal Sidewalk e N 0 Properties Affected by Ordinance 200 0 200 Feet ©RESP q� WE CS oTTI O[� .p in 1 WESTCOTT ROAD 3805 R 3807 3817 u. U. 3829 J W 3831 t� p DEERCLIFF 1266 w G 3957 z 3 I These are sidelot sidewalks. ` WINDCRESTAVE. Should they be included in the ordinance? 3875 �7 STM LN. S �7 Q 3929 Y 3936 Should these four properties �o be added so the ordinance does not stop at a property line? �59�e X11 3`an ERRIDG 3983 3989 3995 - 1 DEERWOOD DRIVE City of Eagan Community Development Department e•.; Designated Snow Removal Sidewalk e N 0 Properties Affected by Ordinance 200 0 200 Feet Novembert,19% City efEaW C-vnstiD-dqxrot N % Designated Snow Removal Sidewalk 0 Properties Affected by Ordinance N 100 0 100 Feet i, ..=._ CkydEaW Buildings Driveways Designated Snow Removal Sidewalk N 100 �_ 100 m Feet Agenda Information Memo November 4, 1996 A. GREGORY ROUNDS' WAIVER OF PLAT ACTION FOR COUNCIL CONSIDERATION: To address the concerns of Mrs. Gregory W. Rounds and to provide direction to City staff, if appropriate. FACTS: • The City Administrator has received a letter from Mrs. Gregory W. Rounds requesting an audience with the City Council pertaining to a water service to a proposed new house. No further information is available regarding the details of this request. • On October 5, 1993, the City Council approved a Waiver of Plat for Gregory Rounds allowing a lot split of an existing parcel to accommodate a new house. • Condition #3 of the Waiver approval required the new lot to connect its water service to the existing watermain on Pilot Knob Road. • Mr. and Mrs. Rounds have been working with the City staff to investigate the feasibility of obtaining water service from the rear yard area. The nearest public watermain available for a water service connection from the back side is N. Jurdy Court. • The Public Works Engineering and Utilities Division have been working with Mr. and Mrs. Rounds to pursue an option of extending the public water supply from N. Jurdy Ct. to the rear lot line. However, this option requires the acquisition of temporary construction easements from adjacent private property owners, and the Rounds have agreed to accept the costs of this public improvement. • It is believed that the Rounds' present house structure and the northerly adjacent private property owner currently share a common 1" private water service from N. Jurdy Ct. contrary to City standards. • City Code Section 13.30, Subd. 14.B.2 (a) states "where available, municipal water facilities shall be provided in the development of a subdivision". Section 13.20, Subd. 14.A. states "in plats that are to be served by municipal water ...., the City shall not issue building permits until the contract has been awarded for the installation of said water.... by the City or by the developer .....". Section 13.30, Subd. 143 states "... the building .... shall not be occupied ..... until said building is provided with public water service". Section 13.30, Subd. N.C. states "when a building permit is issued under subparagraph B above, the person to whom the permit is issued proceeds at his own risk and the City assumes no obligation to provide public services within a specified time limit". ISSUES: As specific issues are raised by Mr./Mrs. Rounds, staff will attempt to respond. A graphic of the area in question will be available to help in referencing any issue so raised. ATTACHMENTS: •Rounds' letter, page /0 • Waiver of Plat report, pages , throu h 2 • Rounds' agreement, pages —% & •Recorded resolution for lot split dated 10-29-96, page. '69 RECEIVED OCT � 1 t-50-, v �-s s��S� 76) SUBJECT: WAIVER OF PLAT APPLICANT: GREGORY ROUNDS LOCATION: P.I.D. #1041000- 030 -32 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 28, 1993 DATE OF REPORT: SEPTEMBER 20, 1993 COMPILED BY.- COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat for 3160 Pilot Knob Road. The site is zoned R-1 (Single Family) and is located north of Jurdy Road, east along Pilot Knob Road. BACKGROUND: In May 1993, the applicant received approval for a Preliminary Plat by the City Council; however, the Dakota County Plat Commission denied the application, a Variance request, and an appeal by the City for the following reasons: 1) The existing access does not meet current Dakota County spacing guidelines; and, 2) The proposed plat did not meet the County's right-of-way guidelines of 75' half right-of-way. LOCATION & EXISTING CONDITIONS: The existing parcel is located east along Pilot Knob Road, west of Donnywood Addition (North Jurdy Court), north of Jurdy Road and south of Quarry Lane. The surrounding zoning districts are R-1 (Single Family) on the north and east; A (Agriculture) on the south, and RD (Research and Development) west across Pilot Knob Road. The current Comprehensive Land Use Guide Plan designates this parcel as D -II Mixed Residential (0-6 units/acre). The proposed Waiver of Plat complies with this designation. COMMENTS: The applicant currently resides on the proposed Lot 1, Block 1. The existing house and garage were built on the north side of the existing parcel, allowing for the potential development of the south half of the lot. The Waiver of Plat shows two lots; Lot 1 is approximately 18,520 sq. ft. and Lot 2 is approximately 18,451 sq. ft. Both Iots exceed the minimum lot width of 85'. The existing house and accessory buildings meet, or exceed, all setback requirements. Access to both lots is from separate existing driveways on Pilot Knob Road. An existing Maple tree remains near the north property line of Lot 2, Block 1. Careful grading for the proposed house and driveway could save the tree. 12/ GRADING/DRAINAGE/EROSION CONTROL: No grading will be required on the proposed north lot where the existing house is located. Grading for the proposed house on the south lot will require T of fill to be placed in the front yard. This will allow the front yard to drain out to Pilot Knob Road. A minimal amount of grading will be required in the backyard of the south lot. The drainage in the backyard area will drain in a southeasterly direction out to Jurdy Road. WATER QUALITY: Staff will recommend that this development be subject to a cash water quality dedication. The amount of the dedication will be based on the area of the undeveloped lot only and is estimated at $360. There are no wetlands on the proposed development parcel. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural- Resources Commission. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is readily available in the backyard area of the north lot. The existing 9" sanitary sewer line flows from Quarry Lane through this backyard area to North Jurdy Court. As shown on the preliminary utility plan, the proposed new house on the south lot will construct a sanitary sewer service line through the backyards of the two lots over to the existing 9" sanitary sewer line. Watermain of sufficient size, pressure and capacity is readily available to serve this development from an existing 16" watermain located on the west side of Pilot Knob Road. STREETS/ACCESS/CIRCULATION: The preliminary development plan submitted with this application shows that the proposed house on the south lot will connect its driveway to an existing driveway opening on Pilot Knob Road. The existing house on the north lot has its driveway opening along the north edge of the lot out to Pilot Knob Road. This section of Pilot Knob Road was upgraded with concrete curb and gutter by the City and the County in 1980, and it was at this time that two driveways were provided for this site... The Dakota County Plat Commission does not recommend approval of this plat. The County's spacing guidelines do not allow individual driveways connecting to Pilot Knob Road and the existing driveway was in place before the current guidelines were established. The driveway for the proposed house on the southerly lot shall include a turn -around as shown on the preliminary development plan. RIGHT-OF-WAY/EASEMENTS/PERMITS: The development shall provide a sufficient utility easement for the proposed sanitary sewer service that will cross the east edge of the north lot to serve the south lot. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, MnDept. of Health, Dakota County, etc.) are acquired prior to building permit issuance. The construction of the water service across Pilot Knob Road for the south lot will require a Dakota County Highway Department permit. Also, the developer shall obtain a driveway access permit from Dakota County to allow the south lot to connect its driveway to Pilot Knob Road prior to City authorization for recording of the proposed Waiver of Plat and issuance of a building permit. FINANCIAL OBLIGATION - WAIVER OF PLAT 10-W-54-93 PARCEL ID# 10-01000-030-32 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Storm Sewer Trunk S.F. .071/S.F. 20,471 S.F. $1.453 Total $1,453 There are no pending assessmentson this parcel. Levied assessments are paid. WAIVER OF PLAT CONDITIONS FOR ROUNDS ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, C1, C2, D1, El, Fl, Gl, and Hl 2. The existing maple tree near the north property line of Lot 2 shall be saved. 3. The proposed house on Lot 2 shall connect its water service to the existing 16" water main in Pilot Knob prior to building permit issuance and City authorization of recording the Waiver of Plat. 4. The developer shall provide a private utility easement across the north lot for the proposed sanitary sewer service that will serve the south lot. 5. The developer shall obtain a driveway access permit from Dakota County to allow the south lot to connect its driveway to Pilot Knob Road prior to building permit issuance and City authorization of recording the Waiver of Plat. 6. The driveway for the proposed house construction on the southerly lot shall include a turn -around to alleviate the necessity for backing onto Pilot Knob Road. �f3 k'. \ II I 1. I)a I. 1-1I b�LMAR H. SCH AN V, tl.�r Mr t.+ r t1r F t� I 1.190 SOUTH FOUNT THRO AM :ENO ,71MA NNESOTI 60" NlS1T�� SURVEYOR'S CCATE��, rt N, 17 11 1 nd- - � � � `.� 71 Skin: r-. �• Irj g \ Ahlfd 1; ° f - \ a- IT Q - --r-� _ 1 `gip\ , zt h i�iPoS sse,�digE v � �. c. 10 20. 05_20_ 48292 20 �E ti 1 •. �� - ilii �/ I '; -� rl. \ ❑ � �\ \ 1 1 ... - ' SII+� � I • "` r=��''� 1 �',o\ � 1 / \ 7w (Alt i (Alt 11 vn I r-D 1 M�.p wt:I�T tN.l tM1 w n00A7w� Ma 1 .-. NIT A49-41-1dU^d Sumpr rnM. Mi to" N the its" N Y6.we16 01.«,. DnW _ - - _ ____-- - RtgMltMnn Waiver of Plat Gregory Rounds �y ��' '�'i -51 tV►L1_FY I I �1 { HI JIVE H 4 ,•,T rt �� ACF Es F' H -f - -� i i 1 1iQF7 P55.0 891:Q k F y J ^��y IIHDP-I' i SUBO! EN ER ti 859.3064.0 } +o' OrdV. 4 S C HOO 24' I� TDP -17 f L• ; 0.0 PA K8 bp fqm ' w- - '877-O ;P -9i 66.0 �U SYS 862.CL: AL Po.FD DACHMAt GNLAHO l ;{ `RE CP -3 CP -5 841.9 - �+ .73.9 COACH A sTSi FOX PARK r: RIDGE o i ' NES v Ar Dj 676 A 7 a 6.V .x° n C h J B7B wA EN / II} Sunni Y INt.h G _ �N 1"A; 1 , H�HTS FC� ..g9 I i C N 4 pPi�g/ I , gg • "1 rr�f625.0 i 2 no ��,��f 1 lel I^►7n /q ; t 8895 Etr17ER �.I OS' 894. -Tr,: INO�P.:F'. � Y� \fi'' ` /�/ �•--�-er11'� _tel / 111 - „T-•. 6. 64.0 -12 Q T -' D ;3:� ~�F�`5 '876b ,� ;, t C L 872'. `-DP•3.3 78.2_ _ t * /67Bo ' MIOi P� ` e� 1 DP -3.2 D- r 2 GA, i . '882.01 -� u 99QQNa` ��.- cy ; Art �1,. Y LboPU'jg 15. 884.0 856.0 i 890.0. S. P T I iSER ! / +� 60.0 4 j + i 0 873.'16 O .1 DP -13 882.0 f DP+_ 2 884.5 e y j 187DP-6I !` c .5 BDI 1 /•/ TB857.31..• 8 i 866.584 8383 DP•4 855.4 ti / 18 D -s 76.p L.S.-7 71 I 878.5 14 M r 1 ,0 3, `;-y CO. I pT N it T 8118 DP -2>D �N{r.E 'Nr 86,E ' r• 1 >WN El1riJ 904.0 1 t00 I ADD. u,Olj I :NTRE UP • ' .893.0. �. ?n`Yj°� B9T.6.1 T ' 0' EA Pf►ti�C884.2 ��T D•w PROJECT SITE 1 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN r%S SE'NrBY r r 612 432 3780 10-28-06 : 10:10 SEVERSON SHELDON 681 46944 2/ 2 ACKNO)WLEDGMEvT OF POSSIBLE ]DELAY IN EXTENSION OF UTILITIES AND AGREEMENT TO CONTRIBUTE: TO UTILITY COSTS WHEREAS, Gregory Rounds and Marilyn Rounds, husband and wife, (hereinafter "Landowner") arc the fee owners of property located in the City of Fagan, County of Dakota, State of Minnesota, with Property Identification Number 10-01000-030-32 (hereinalier the "Property"); WHEREAS, Landowner sought and obtained approval from the City of Eagan (hereinafter "City") to obtain a waiver ol'plat to split the Property for individual ownership; WHEREAS, Landowner seeks to construct a residence on the Property and acknowledges that the availability of sewer is on the most easterly corner of the Property; WHEREAS, Landowner acknowledges that the City may need to acquire utility easements in order to provide sewer and water to the Landowner and 1 andowner further acknowledges that the City may need to initiate eminent domain proceedings and this may result in a delay of up to one hundred eighty (180) days before sewer and water is available to the Property. NOW, WHEREFORE✓, in consideration of the City providing utility services to the Landowner, the receipt and sufficiency of which is hereby acknowledged by Landowner, Landowner hereby acknowledges and agrees as follows: 1 • Landowner acknowledges that sewer and water may not be available for the Property for up to one hundred eighty (180) days as a result of the City's need to acquire easements. 2. Landowner hereby acknowledges that a delay of up to one hundred eighty (180) days is reasonable and will not interfere with any other construction plans. 1?6 r 3. Landowner further agrees to pay to the City the cost of the installation of a sanitary _ scwcr riser, and to pay to the City sixty-six percent (66%) of the cost of the installation of a water lateral from North Jurdy Road to the service lines for their Properry and to reimburse the City for all costs. arising out of or relating to the City's =quisition of the casexnerns including, but not limited to, any compensation, paid to property owners. 4. Landowner agr= to pay the City immc;diateiy upon invoice for all sums duc for the crusts identified under Paragraph 3 hc-reof, as calculated by the City Financa Department. 5. Upon Landowner's failure to make payment to the City within thirty (30) days of the maiiiag of as invoice, Landowner docs hereby expressiy authori=the My to levy the costs as as assessment to the~ Prouty in a manner and upom tams as dct mine& by the City_ Laadowners-cin hereby waive their objections to. any nct:k=uf bea6nS. hearing and objection to any assessmcnts levied in atxordancc with. this Agent_ Bated:.-- IU— Gregory Dom- v b' �� 17 q 10/29/96 14:09 DAKOTA CO -Aur--- 612 438 4391 002 OCT 29 196 02:58PM a. WAIVER OF PLAT f E S O L U T 1 0 X WEMRFAS, a regular seetiag of the City Council of the City of Eagan, Dakota Countys Minassota, was hold on 'October 5, 1993.. , at the Ragas municipal canter at 7:00 o'clock; and AREAS, a bearing'pursuant to notice Was bald at said meeti:ig concerning the application of Gregory and Marilyn Rounds for waiver of plat for the loll.cving purpose: to smlit for individual ownership. oa the falloviag described premises: P.I.D.#10-01000-030-32 (See attached exhibit A) NOW ZUREFOREs upon motion by Awada � seconded by Wachter � it was RZSDLVED than said application' for waiver of plat of the above described premise■ be, and it bereby is, approved. Those in favor: All Those against; None Dated: October 5, 1993 .6 + REC;As JDND FILEDDATE D�i 6 TH ; V, NCVAK /7 �%' DAKOT4 COM TRUSuREt-qu.0¢01,l�E Agenda Information Memo November 4, 1996 Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT - SCENIC ENTERPRISES. INC. ACTION TO BE CONSIDERED: ► To approve or deny a Comprehensive Guide Plan Amendment to change the Central Area Land Use Plan from CA Central Area (major office) to CA Central Area (mixed residential, commercial and park) on approximately 80 acres located north of Yankee Doodle Road, west of Pilot Knob Road in the SE 1/4 of Section 9. FACTS: ► Scenic Enterprises is proposing to develop the 80 -acre property with a mix of uses including: 49 acres for residential (3.5 units/acre); 2.5 acres for multi -family (assisted) residential; 4.5 acres for neighborhood business; 4 acres for a motel/restaurant; and 20 acres for a community park. ► The property has been zoned for Research and Development since 1966 and was designated R & D on the first comprehensive land use map in 1974. In 1995 the City adopted the Central Area Plan which designates this property for "major office" uses. ► The site contains some natural features (wetlands, woodlands, steep slopes) and easements that make it somewhat difficult to develop. Any development on this site will need to abide by City regulations regarding tree preservation, wetland conservation, and water quality protection. ► Traffic estimated with the proposed mixed land use development will be less than that estimated for major office development. However, planned improvements to Yankee Doodle Road were designed to accommodate major office development on this property. ► The area is served by two neighborhood parks - Quarry and Pilot Knob. The Park System Plan (1995) does not identify a need for any additional parks in this area. However, the City is interested in establishing a trail connection between the two existing parks through this site. The City is also interested in developing a park somewhere within, or in close proximity to the Central Area. Such a park should be suitable to accommodate year- round activities and community wide events. ► The City hired a consultant (Brauer and Assoc.) to evaluate the site relative to a basic program for a central area park. Because a fairly large portion of the proposed 20 acre park site includes wetlands, floodable land, and wooded hillsides, the consultant concluded that it would be best suited for passive recreation or open space uses. Additional land (preferably level) would be needed for more intense development such as a community center and associated parking. �9 ► The proposed land use mix includes 49 acres for residential development at 3.5 units per acre. This density falls within the D -II land use description. About one-quarter of the City's total residential land is designated D -II, of which about 15% is vacant. About one- third of the City's overall acreage of vacant residential land is designated D -II. ► The need for additional neighborhood commercial development in this area is questionable. There is an existing neighborhood commercial node at Yankee Doodle and Coachman which includes about 5 acres of vacant land. ► There are about 225 acres of vacant land designated for major office development in the City, including this 80 acre site and the 22 acre Perrin property. Most of the other sites are located in the Waters, with a few smaller sites in Eagandale Corporate Center. ► Metro area development trends indicate that the market for office development is growing. Demand for sites in Dakota County and Metro East are increasing; in fact, the current office vacancy rate in Dakota County is 3.6%. ► The Advisory Planning Commission conducted a public hearing on this Comprehensive Guide Plan Amendment request at its regular meeting on July 23, 1996 and recommends denial of a Comprehensive Guide Plan Amendment changing the land use from Central Area (major office) to Central Area (mixed residential/commercial/park) on approximately 80 acres located north of Yankee Doodle Road, west of Pilot Knob. ► The Advisory Parks, Recreation and Natural Resources Commission reviewed the proposed park at their regular meeting on August 19, 1996. They concluded that the 20 acre proposed park would not be appropriate for intensive uses and recommended passive uses and creating trail connections to Quarry Park and Pilot Knob parks should be a priority for this site. ► At their regular meeting on Sept. 3, 1996 the City Council established a task force to further study the appropriateness of the proposed park for a central park and directed staff to contact the surrounding business owners (Unisys, Lockheed, and NWA) with regard to joint use of their parking lots and grounds to accommodate overflow from community- wide events. To date the task force has met twice and reviewed an analysis of the site conducted by the City's park consultant. The task force concluded that the physical features of the proposed park site make it unsuitable to accommodate all the uses proposed for a central park, even if off-site parking is available. Staff also met with the surrounding property owners regarding joint use. They all were willing to work with the City to establish a calendar of events for joint uses, however, they expressed concerns about security. ISSUES: ► Several APC members stated that they were not convinced that the existing major office land use designation should be changed due to the relatively limited supply of land designated and suitable for major office in the City. It was also noted that the Commercial Land Use Study working policies (1994) state that the City should consider setting aside suitable tracts of land to ensure areas for future major office development. In addition, the Central Area Plan suggests maintaining a significant corporate office employment base in the central area. ► Several APC members acknowledged that the proposed development is very attractive, but suggested that it might be more appropriate in a different location where the trade-offs (i.e. loss of major office land) are not as significant. BACKGROUND/ATTACHMENTS ► APC minutes of July 23, 1996, pages aA through ► Staff report, pages through Z 3 L. ► Memo to Tom Hedges, dated 10/28/96, pages Bea through ]3-3 ► Letters from Tony Gleekel, dated 8/28/96 and 10/11/96, pages throw !,?L ► Letter from Tom Lindquist (Lockheed Martin) dated 10/23/96, page ► Park analysis report - Brauer and Associates (under separate cover p �Aww 4vw Ui rte sl A tusvMw&k) dpi( 11 1 jq�• vie • Paue 3 July 23. 1996 ADVISORY PLANNING COMMISSION COMPREHENSIVE GUIDE PLAN AMENDMENT SCENIC ENTERPRISES Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment of approximately 80 acres from CA Central Area (Major Office) to CA Central Area (Mixed Residential, Commercial and Park) for property legally described as Lot 2, Block 1, Unisys Park 2nd Addition located north of Yankee Doodle Road and west of Pilot Knob Road in the SE'/2 of Section 9. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated July ,17, 1996. Ms. Farnham noted the existing conditions and the background and history of the subject property. Ms. Farnham noted the Central Area Plan adopted by the City in October, 1995, and that pursuant to the Central Area Plan the subject property is specifically designated for "major office." Ms. Farnham summarized Scenic Enterprises. Inc.'s proposal to develop the property with a mix of uses. Ms. Farnham highlighted the grading and topography on and surrounding the subject property and noted that an EAW may be required. Ms. Farnham further indicated that Eagan's geographic location in the region makes the City a prime candidate for attracting major corporate offices and that information provided to City staff tends to indicate the development trends for the office market is showing signs of recovering after several years of slow development. Ms. Farnham specifically noted that the second quarter of 1996 Towle report states that Dakota County has the most improved office vacancy rate of all Metro -area sectors. Ms. Farnham addressed concerns forwarded to City staff by District No. 197 regarding the potential impact of the proposed land use change on the public school system. Ms. Farnham then addressed the park system plan and the information obtained from the June 25, 1996, workshop meeting together with the report provided by Brauer & Associates (City Park's Consultant). Tony Gleekel, the attorney for Scenic Enterprises, Inc., introduced himself and highlighted the efforts made by the applicant to present an amended plan focusing on the issue of why the City of Eagan should change the use designation on the subject property to the mix of uses indicated on the amended application by Scenic Enterprises, Inc. Mr. Gleekel then introduced Aaron Parker with A Studio, a member of Scenic Enterprises development team for the subject property. Mr. Gleekel described Mr. Parker's background and qualifications as well as identifying various other projects which Mr. Parker has been associated with. Mr. Parker made a presentation focusing on the applicant's perception that mixed use satisfies the stated goals of the Central Area Plan, especially in light of the physical constraints on the site. Mr. Parker highlighted the applicant's goals for the site, provided aerial photographs of the subject property, together with drawings showing other mixed use developments. Page 9 Jule 23. 1996 ADVISORY PLANNING COMMISSION Mr. Parker indicated to the Commission that the subject property is relatively small and of a irregular shape and that the natural features contained on and about the subject property in Mr. Parker's opinion, further limit development of an office building. Mr. Parker noted that the design of the mixed use buildings being smaller provides more flexibility for site development. Mr. Parker then presented exhibits and charts comparing the level of D -II use in the City from 1980 to present. Mr. Parker concluded his presentation by reviewing the proposed plan and indicating that in his opinion the proposed plan provides a sense of place and community while maintaining park prospects in accordance with the requirements of the City's Central Park Plan, but stressed that the planned development could not be viewed simply as a park. No one from the public provided any comments. Member Isberg questioned whether the Brauer report dealt with the entire parcel or only the proposed development. Planner Farnham advised the Commission that the report deals with only the 20 -acre park as proposed by the applicant and that more land would be needed to accommodate more intense uses such as a community center. Planner Farnham further noted that the City's Park System Plan adopted in 1995 does not identify a need for another neighborhood park in this area. Member Isberg indicated that he was not persuaded that a suitable office building could not be put on the site and that he was concerned about the limited areas in the City remaining for office development. Member Isberg further noted concerns regarding compatibility of the proposed uses with surrounding uses and noted that the targets of the livable community act have been exceeded. Member Heyl noted the City enjoys an ample supply of D-11 and that the designation for major office already exists for this site and the City has limited major office land available. Member Heyl further indicated that this may be the only location to satisfy some of the Central Area Plan objectives which call for a significant corporate office employment base. Ms. Heyl also noted the Commercial Land Use Study working policies which stated the City should set aside large tracts to ensure suitable land for major office. Member Burdorf stated that the existing property still remains a primary focus for major office development and indicated that although the subject property may not be immediately developed as major office, it should remain a long-term goal of the City and he sees no need to change the designation. Page 10 July 23. 1996 ADVISORY PLANNING COMMISSION Member Frank indicated his belief that the City should promote for sale housing and noted that he believed the dimensions and topography of the subject property did not make it a good site for a major office building. Chairman Miller agreed that the dimension and topography of the area is not ideal and that the applicant's proposed development may work. However, Chairman Miller stated that while it may take some time for the property to be developed for major office, the City does not need to rush to develop this site. Member Segal stated his belief that the subject property was a natural area for major office development with ideal traffic access to the site. Member Segal stated that the applicant's proposal would have been ideal for the northeast quadrant but did not believe it is suitable for the subject parcel. Member Segal moved, Member Heyl seconded, a motion to recommend denial of a Comprehensive Guide Plan Amendment of approximately 30 acres from CA Central Area (Major Office) to CA Central Area (Mixed Residential, Commercial and Park) for property legally described as Lot 2, Block 1, Unisys Park 2nd Addition located north of Yankee Doodle Road and west of Pilot Knob Road in the SE'/� of Section 9. Prior to submitting the matter to a vote by the Commission, Tony Gleekel addressed the Commission with his concerns that the Commission wants to land bank major office and that in his opinion the standard for the Commission to employ is whether there is a rational basis for its decision and not a showing or burden upon the Applicant to convince the Commission that the mixed use proposal is better than major office. Mr. Gleekel stressed that he felt that the applicant's proposal would be a plus to the City. Chairman Miller responded by indicating that he did not believe there would be immediate development of major office but was willing to wait and noted that this development and proposal would still be available in the event major office was not developed on the subject property. Member Heyl indicated her belief that rational reasons have been provided by the Commission to conclude the proposed mixed land use is not more appropriate than the present major office land use and is not in the best long-range interest of the City. Ms. Heyl reiterated that this is one of the few sites available for office park development, the City has an ample supply of D -II land, the Central Area Plan calls for major office development, the proposed park is not large enough for the "central area park" and another neighborhood park is not needed. . Page 11 July 23, 1996 ADVISORY PLANNING CONIIVUSSION Member Segal indicated that the developer has good intentions and complimented the proposal, however he suggested it was in the wrong location. Member Heyl moved to call the question. The motion to recommend denial passed by a 5-2 vote with Member Frank and Chairman Miller, opposing. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 1996 APPLICANT: Scenic Enterprises (Joe Miller) PROPERTY OWNER: Scenic Enterprises CASE #: 9 -CG -6-6-96 HEARING DATE: July 23, 1996 PREPARED BY: Julie Farnham REQUEST: Comprehensive Guide Plan Amendment from CA (major office) to CA (mixed use) LOCATION: North of Yankee Doodle Road in the SE 1/4 of Section 9 COMPREHENSIVE PLAN: CA (Central Area - major office) ZONING: R & D (Research and Development) SUMMARY OF REQUEST Scenic Enterprises, Inc. is requesting approval of a Comprehensive Guide Plan Amendment to change the Central Area land use plan to allow a mix of residential, commercial and park uses on approximately 80 acres legally described as Lot 2, Block 2, Unisys Park 2nd Addition, located north of Yankee Doodle Road, west of Pilot Knob Road in the SE 1/4 of Section 9. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. EXISTING CONDITIONS The site consists of approximately 80 acres. The site is generally open with scattered wooded areas and gently rolling topography. A wetland, with standing water exists in the north -central portion of the site. The site is undeveloped, however an existing private road runs through the site providing Yankee Doodle Road access to Lockheed Martin and the Northwest Airlines data Planning Report - Scenic Enterprises July 23, 1996 Page 2 and communications facility. The site is surrounded by research and development type facilities on the north and east including, Lockheed Martin, Unisys and Northwest Airlines (Exhibit A). These properties are zoned R & D and guided CA (major office). To the west and south are medium density residential developments including Alden Pond Townhomes and Surrey Gardens/Heights (apartments and townhomes). These properties are zoned R-3 and R-4 respectively, and both guided D -III (6-12 units/acre). Directly abutting the site to the southwest is an undeveloped 23 acre parcel that is currently farmed (a.k.a. Perrin property). This property is also zoned R & D and guided CA (major office). BACKGROUNDMISTORY This section includes a review of the historical zoning and comprehensive guide plan designations for the property and the chronology of development in the area. ZONING Prior to 1966, the city's zoning map shows the site as Agricultural. From 1966 to the present the site has been zoned R & D (Research and Development). COMPREHENSIVE LAND USE GUIDE PLAN The city's first comprehensive land use guide plan and map were prepared in 1974. That plan designated the property R & D (Research and Development Park) and it remained so until 1995. In October 1995 the City adopted the Central Area Plan which includes the four quadrants centered on the Yankee Doodle Road/I-35E intersection. This land use category encompasses the concentrated massing of mixed retail, office, service and residential uses that serves as the City's Central Area. The land use plan for the Central Area specifically designates this property (northwest quadrant) for "major office" (Exhibit B). DEVELOPMENT OF UNISYS AND SURROUNDING AREA This 80 acre parcel is part of 200 acres of property acquired by Sperry -Univac in the late 1960s for development as a corporate campus. The site was developed in phases including the Defense Systems facility (now Lockheed Martin), the Semiconductor Plant (now Northwest Data Center, Building D), and the Marketing and Data Facility (Unisys). Following the merger with Burroughs which formed Unisys, the company began to consolidate facilities and sell excess property. In recent years, the City has been approached with several development proposals for the 80 acre parcel, including expansion space for Northwest Airlines, a pharmaceutical equipment company, a townhome development which would have incorporated a nine hole golf course and, most recently, the proposal by Joe Miller. Planning Report - Scenic Enterprises July 23, 1996 Page 3 In December 1993, Joe Miller (then Joe Miller Homes, now Scenic Enterprises), presented a proposal for mixed residential development on this 80 acre site. However, because the application form was not signed by the property owner (Unisys) the City did not accept the application as being complete and therefore could not proceed with the development review. Joe Miller (Scenic Enterprises) purchased the 80 acre site in late 1995. In January 1996 Scenic Enterprises submitted an application for a Comprehensive Guide Plan Amendment to change the land use on this property from Central Area (major office) to D -H Mixed Residential. They indicated that their conceptual development proposal was the same as that proposed in 1993 consisting of a mix of detached townhomes, duplexes and attached townhomes. Scenic Enterprises has since withdrawn that request and submitted a new land use request consisting of a mix of residential, commercial and parkland. The land use amendment must be approved prior to City review of a specific development proposal. EVALUATION OF REQUEST This report analyzes the requested amendment in general terms to evaluate the potential impact of a change in land use designation from Central Area (major office) to Central Area (residential/commercial/park) on the city's environment, infrastructure, residential land supply, major office land supply, school system, and park and recreation system. The analysis is conducted relative to the various goals and policies adopted by the City of Eagan. The primary questions are 1) what type of development would the proposed land use mix allow on this 80 acres site; and 2) is the proposed land use amendment consistent with the City's Comprehensive Guide Plan policies. The applicant's proposed development is conceptual in nature and specific development details have not been submitted at this time (e.g. site plan, grading, utilities, etc.). Therefore, while it will be referred to conceptually in the evaluation, this report is not intended to evaluate specific development impacts. SCENIC ENTERPRISE, INC. PROPOSAL If the requested land use amendment is approved, Scenic Enterprises, Inc. proposes to develop the property with a mix of uses. The land use proposal designates 49.5 acres for residential development at 3.5 units/acre, 2.0 acres for multi -family (assisted living) residential, 4.5 acres for neighborhood business, 2.5 acres for a motel, and 21.5 acres for a park (Exhibit Q. The overall density of this proposal on the 80 acre site would be 2.5 units per acre, which represents 197 dwelling units on this 80 acre site. This assumes the multi -family could develop at the D -IV density of at least 12 units per acre, or 24 units on the proposed 2.0 acres designated for multi- family. While no specific residential land use designation is proposed, the 3.5 units per acre density would be considered comparable to the D -II land use category. The applicant's land use proposal also includes 7 acres for commercial development, of which 4.5 is designated for Neighborhood Business and 2.5 acres is designated for a motel. Permitted uses in the Neighborhood' Business zoning district generally include uses that serve the daily needs of area residents such as dairy stores, small restaurants, barber/beauty shops, dry cleaners, Planning Report - Scenic Enterprises July 23, 1996 Page 4 offices and banks. Assuming building would occur at the maximum allowable rate of coverage (35%), 68,607 gross square feet of single story shopping center and a 38,115 gross square foot single story motel could be built. This request does not include the adjacent Perrin property, however, the proposed land uses will impact future development of the Perrin property. While the proposed adjacent residential and neighborhood business land uses may not preclude major office development on the Perrin property, they could impact access and site development details. If the proposed land uses are considered to have merit, the appropriateness of retaining the major office designation on the Perrin property should also be considered. Staff also notes that the applicant submitted a revised land use layout (Exhibit Cl), however, it was not received in time for complete analysis as part of this report. It is not significantly different than the previous plan, so the analysis in this report is still relevant. In short, the land use mix has been changed to: 49 acres residential (3.5 units/acre), 2.5 acres multiple family, 4 acres hotel/restaurant, 4.5 acres neighborhood business, and 20 acres for park. Staff has included the revised plan so you will have an opportunity to review it prior to the meeting, at which time the applicant will present the plan in more detail. ENVIRONMENTAL IMPACTS The analysis of environmental impacts is an .evaluation of the major physical elements and environmental factors that could influence the development potential of the property. The analysis looks as impacts based on the general type of land use (existing and proposed) since we are not evaluating a specific development proposal at this time. Grading/Tonoeraphy The site is generally open with rolling topography and wooded areas around the natural lowlands. The western portion of the site was graded and four ball fields were constructed with previous development by Unisys. The ballfields have been removed. In general, the site slopes to the existing lowland area in the north -central part of the site. Elevations range from 830 to 890 feet. Steep slopes in some areas, particularly the northeast portion, make the site somewhat difficult to develop. Trees/Veeetation Much of the site consists of open grassland or water and about 22% of the site is wooded. As such, development should be possible without having to remove much of the existing vegetation. However, there are two wooded areas that should be given priority for preservation as they contain large trees, including oaks, elm, white birch, black cherry and cottonwood (Exhibit D). These wooded areas flank the low wetland area in the north -central part of the site. The city's Tree Preservation Ordinance would apply to any development of this property. The Ordinance i"h Planning Report - Scenic Enterprises July 23, 1996 Page 5 emphasizes avoidance of tree removal and requires mitigation of lost significant trees or woodlands above a certain threshold. Wetlands/Wildlife This parcel contains part or all of three wetland complexes identified in the City's wetland inventory data base (Exhibit E). The largest wetland, a 4.75 acre combination woodland swamp and fresh marsh, is located in the north central portion of the site. Because of the relatively large size and diversity of the basin and the existence of a sizeable woodland dominated by oaks along the eastern fringe of the swamp, this area should be considered a high priority for protection as a natural area within the development. The basin (Pond CP -4) is classified as a nutrient trap in the City's water quality management plan. It currently receives storm water discharge from areas to the east of Pilot Knob as well as the Unisys property but has no outlet. Approximately 0.2 acres of another wetland straddles the western boundary lies within this parcel. This basin, designated as Pond CP -3 by the City, is a designated sediment trap. Finally, a 0.26 acre shallow fresh marsh is located in the south central portion of the parcel. This basin has not been designated a proposed ponding area in the City's comprehensive storm water management plan. There are several other smaller areas within the site that appear to exhibit wetland characteristics. A site-specific identification and delineation of wetland areas within the site will be required of the developer during the initial stage of site planning. Any filling or draining of wetland areas will be subject to regulation under the Wetlands Conservation Act, which requires efforts to avoid and minimize impacts to wetlands. - Unavoidable wetland impacts must be mitigated by creating replacement wetlands, preferably within the same site. Storm Water_ Drainaze/Water Qualitv The site lies within Drainage District C as identified in the City Storm Water Management Plan (1990) which ultimately drains west to the Minnesota River (Exhibit F). Two natural low areas within the site are designated as storm water basins in the Plan (Pond CP -3 and CP -4) and could be modified for flood volume control and water quality requirements associated with development of this site. Pond CP -3 discharges to Pond CP -9, a flooded, abandoned gravel pit with good water quality located in Fort Snelling State Park. Pond CP -9 has been recommended for re- classification to a recreational water body as part of the update of the City's water quality management plan. Because of the large size of the parcel and the existence of a high quality recreational -classified water body downstream, on-site ponding will likely be required for water quality mitigation. Construction of detention basins in upland areas which will drain to Pond CP - 4 will also be important in order to reduce water level fluctuations which could impact the oak woodland complexes and trails around that ponding area. The Storm Water Management Plan also identifies the construction of a lift station and force main pipe (with allowable discharge) from the designated ponding area in the north -central portion of the site (Pond CP -4) to the ponding area on the west edge of the site (Pond CP -3). Development of this site would increase storm water runoff necessitating the construction of the Planning Report - Scenic Enterprises July 23, 1996 Page 6 lift station and force main pipe. Pond CP -4 currently receives drainage from the Lockheed Martin property and Pilot Knob Road via a storm sewer system. When Unisys Park 2nd Addition was platted an agreement was reached between the City and the Unisys Corporation (the previous property owner) which provides for appropriate ponding capacities of Ponds CP -3 and CP -4, adequate ponding and utility easements, and assessment responsibility for construction of the lift station and force main pipe for Pond CP -4. The developer of this site will be subject to the terms of that agreement. Airport Noise The property lies between one-half and one mile south of the Metropolitan Council's Noise Zone IV contour and approximately two and one-half miles from the end of the parallel runways at the International Airport. Because the site is outside of the noise zone, aircraft policy restrictions on residential development do not apply. However, because of the proximity to Noise Zone IV, use of the Metropolitan Council's Noise Attenuation Builder's Guide standards in design and construction would be encouraged. Summary - Environmental Impacts: The site contains some natural features, including woodlands, wetlands and steep slopes that make it somewhat difficult to develop. Development would need to be designed to avoid the removal of significant trees, draining or filling of wetlands, and minimize topographic alteration. The City's Tree Preservation Policy and State Wetlands Conservation Act both would apply to any development of this .property. Storm water runoff from a mixed residential/commercial/park or major office development could be accommodated, but would require some on-site ponding and construction of a lift station and force main for Pond CP -4. Aircraft policy restrictions on residential development do not apply to this site, but use of noise attenuation standards in construction would be encouraged. Although an EAW is not required for a Comprehensive Guide Plan amendment, it could be required in conjunction with a specific subdivision request. Scenic Enterprise's concept development proposal for 197 residential units, and the potential for 68,607 gross s.f. (or more) of neighborhood business, and 38,115 gross s.f. (or more) of motel will likely require an EAW, unless all the residential units are attached units. A major office development exceeding 450,000 s.f. in size would also require an EAW. INFRASTRUCTURE The infrastructure section includes an evaluation of street access and circulation, sanitary sewer and water facilities Street Access/Circulation The recently completed Central Area Transportation Plan and Ring Road concept identifies the need for the construction of a collector street from the intersection of Federal Drive with Yankee Doodle Road to the intersection of High Site Drive with Pilot Knob Road (Exhibit G). This 9/ Planning Report - Scenic Enterprises July 23, 1996 Page 7 collector would help to alleviate projected traffic congestion at the intersection of Yankee Doodle Road and Pilot Knob Road. The Central Area Transportation Plan does not identify a schedule for this roadway construction but proposed development of this site is prompting consideration of this improvement. Construction of this roadway is a requirement of development of this site. The most recent Municipal State Aid Street System Map designates this stretch of roadway to be built to State Aid standards for width, section, access control, curvature and right-of-way. Lockheed Martin has expressed concern regarding the alignment of this roadway stating that they wish to have the entire roadway contained within the proposed development; and not on their property. Should this guide plan amendment and subsequent rezonings be approved, the developer will be required to work with the Lockheed Martin to reach agreement as to the exact alignment which is agreeable to both parties. The developer also has the option to petition the City to have the roadway built as a public improvement project at which time the City would assume responsibility for determining the exact alignment for the roadway and easement acquisition. Public roadways do not currently extend into the site. Drives with private easements were constructed with existing surrounding development to provide access to Lockheed Martin to the southeast, Northwest Airlines to the northwest, and Unisys to the northeast. Lockheed Martin is the only one of these three to utilize these private drives as one of their primary employee access locations. Northwest and Unisys utilize these drives as secondary access locations. In the event the private drives and associated easements dedicated to the Northwest and Unisys properties are to be removed by development of this site, the developer will be required to work with Northwest and Unisys to provide adequate public roadway access within this development to accommodate traffic from their existing office facilities. These roadways will connect to the collector street identified above. Public roadway access to the undeveloped parcel southwest of this site (Perrin property) from the planned collector street will also be a requirement of development of this property. This roadway should be planned in a location which would provide for possible future extension to Coachman Road. Traffic Impacts Using the applicant's mixed use development proposal, trip generation is estimated to be 2,320 daily trips. Trip generation from the 80 -acre parcel associated with research and development usage would be an estimated 6,370 daily trips. Trip generation data is based on the ITE Manual, 5th Addition. It is estimated that approximately 50 percent of the trips will be directed to Yankee Doodle Road with the other 50 percent directed toward Pilot Knob Road. It should be noted that the planned improvements to Yankee Doodle Road were designed to accommodate major office development on this property as depicted in the Central Area land use plan. A traffic signal currently exists at the intersection of Federal Drive and Yankee Doodle Road which could be modified to accommodate increased traffic volumes associated with development 9z Planning Report - Scenic Enterprises July 23, 1996 Page 8 of this site. A traffic signal at High Site Drive and Pilot Knob Road was investigated with reconstruction of Pilot Knob Road in 1990 but was not installed at that time because, although traffic counts warranted signalization, the intersection did not have a documented history regarding problems necessitating the need for installation of a traffic signal. Dakota County has identified this signal installation in their five-year Capital Improvement Program to be constructed in 1997. Cost of this signal is proposed to be shared by Dakota County and the City of Eagan. Sanitary Sewer Trunk sanitary sewer crosses the site from east to west. The City Comprehensive Sewer Policy Plan, adopted in 1988, allocates the property to sanitary sewer subdistrict N -C which serves the entire site. The Plan provides for the site to drain and connect with the existing trunk sanitary sewer crossing the site (Exhibit H). The estimated wastewater flows associated with the proposed mixed use development were not anticipated in the 1988 Sewer Policy Plan or when the existing trunk sanitary sewer line crossing the site was installed in 1967. The 1988 Sewer Policy Plan identified the site as contributing 80 acres of commercial/industrial flows to this trunk line. However, the trunk sanitary sewer has sufficient capacity to handle the estimated average and peak flows from this site generated by a mixed development and the surrounding existing development within this subdistrict. Lateral sanitary sewer has been constructed in a north -south alignment through the western portion of the site. This lateral sanitary sewer also has adequate capacity to accommodate potential flows associated with mixed development. Adequacy of both the trunk and lateral sanitary sewers' depth would need to be reviewed at the time of a specific development proposal. Water Main A 16 -inch trunk water main is located along the east edge of the site at Pilot Knob Road and is available for connection and extension for potential development. A public 10 -inch trunk water main has also been looped through the Lockheed Martin campus from Yankee Doodle Road to Pilot Knob Road (Exhibit I) and may also be available for connection by development in this area. Both of these trunk water mains are of adequate size and capacity to accommodate mixed development. The City Water Supply and Distribution Plan (1988) identifies the need for five City wells within the site. The exact location of these wells and accompanying water transmission lines will need to be incorporated with the development. The City Water Plan identifies approximate well locations on the site (Exhibit J). When Unisys Park 2nd Addition was platted, an agreement was made between the City and Unisys Corporation which provided for Unisys, or its successors, to grant all necessary easements for the City's proposed wells and water transmission lines as identified in the City Water Supply and Distribution Plan adopted in 1988. The developer of this property will, therefore, be subject to the terms of this agreement. ?,3 Planning Report - Scenic Enterprises July 23, 1996 Page 9 Summary - Infrastructure: Development of this property will require construction of a collector street from the intersection of Federal Drive with Yankee Doodle Road and the intersection of High Site Drive with Pilot Knob Road as identified in the Central Area Transportation Plan and Ring Road Concept. Adequate public roadway access will also need to be provided to accommodate traffic from existing offices facilities in the area (Northwest, Unisys). The City is also interested in a possible future roadway extension linking the new collector street to Coachman Road. Projected traffic volumes would be greatest for major office development. However, the planned improvements to Yankee Doodle Road are designed to accommodate major office development on this property. Sanitary sewer and water are available to adequately serve the applicant's proposed mix of uses or major office development on this site. COMPREHENSIVE LAND USE IMPACTS This section includes information on the city's residential land supply and development goals, major office land supply and development goals, and Central Area development policies. Residential _Land Sur,nly Approximately 63% of the entire residential land supply is in the Rural Residential and D -I categories. The remaining 37% of the total land supply is allocated among the Mixed Residential designations as follows: D -H, 26%; D -III, 4%; and D -IV, 3%. While one quarter of the city's total residential -land is designated D -H, this designation comprises about one third of the city's vacant residential land. Of the total D -II land in the city, 15% is vacant (Exhibit K). This represents the largest amount of vacant land of any land use category in the City. Staff notes that these statistics have been updated since the last staff report, utilizing more accurate data. Livable Community Goals The City of Eagan has established a housing goals agreement with the Metropolitan Council in accordance with the Metropolitan Livable Communities Act. The agreement sets forth affordable and life cycle housing goals from 1995 through the year 2000. For life -cycle and affordable housing goals, the city has established benchmarks based on target ranges established by the Metropolitan Council. For life -cycle housing, the amount of non -single family detached housing (i.e. duplex, townhomes, condominiums, apartments and mobile homes) is a measure of housing balance (Exhibit K). The Metropolitan Council's target range for non -single family detached housing in Eagan is between 35 and 38 percent and the target range for single family detached housing is between 65 and 62 percent. The city's goal is to move towards the benchmark range for life- cycle housing. As of December 1995, the city's overall breakdown by housing type is: 54% single family detached and 46% non -single family detached. Within the non -single family detached category, the current breakdown is 18% townhomes, 2% duplexes and 28% apartments. Planning Report - Scenic Enterprises July 23, 1996 Page 10 The City of Eagan currently exceeds the benchmark range established for the non -single family detached units by eight to ten percent. The projected housing mix at buildout according to our current land use plan is: 47% single family and 53% non -single family detached housing, which is at least 10% above the target range. Therefore, as a part of its Livable Communities goals the city is not encouraging additional non -single family detached housing beyond the 46% already assumed in the current land use plan. To add more D -II designated land to the city's residential land supply would be contrary to its adopted Livable Community and life -cycle housing goals. Neighborhood Residential Land Use Policy In addition to citywide land use and housing supply balance, the housing balance and density within the surrounding neighborhood (Exhibit L) should also be considered. Residential development within the surrounding area consists of an overall density of about 5 units per acre. If the proposed development of 197 units is included the density would be 4.7 units per acre. The existing overall housing mix consists of single family, townhomes, and apartments. This neighborhood is one of three neighborhoods in the City of Eagan that have significant concentrations of non -single family detached housing and higher development densities. The other neighborhoods include the Cedarvale area and the Carriage Hills area. The housing element of the Comprehensive Plan takes the housing balance goal a step further and discourages concentration of a particular housing type within any one neighborhood in the city. The Central Area Plan encourages a mix of uses and supports higher development intensity. As such, residential uses may be appropriate in some locations within the Central Area, however, such residential development should be at medium to high densities. Neighborhood Business Land Supply The Commercial Land Use Study - Interim Report Working Policies (1994) concludes that Eagan is fairly well served by existing Neighborhood Commercial nodes, which generally have a one - mile service radius. The working policies state that "establishment of new Neighborhood Commercial nodes should be considered only when they do not overlap an existing Neighborhood Commercial node's service area and when the population and/or employment density can support this additional node." A neighborhood commercial node currently exists around the intersection of Yankee Doodle Road and Coachman Road. This node includes about 5 acres of vacant, undeveloped land. The proposed 4.5 acres of neighborhood commercial land may provide a convenient commercial node for the proposed surrounding residential development, however, the need for additional NB land within such close proximity to an existing node is questionable. Connections between the proposed residential development and the existing neighborhood commercial node will be improved with the proposed street connection to Coachman Road. Major Office Land Suvoly Major office development is distinguished from general office development in that it is typically ?5- Planning Report - Scenic Enterprises July 23, 1996 Page 11 associated with a campus type setting suitable for corporate headquarters or large single tenant office users and may include complementary smaller office uses. In the City of Eagan, land developed or available for major office uses is comprised of several sites (Exhibit M). Some of these sites are earmarked for expansion of existing facilities (e.g. West, Blue Cross/Blue Shield) and are not available. There are 1244 acres of land targeted for office development in the City, of which about 265 acres are vacant. Vacant land designated for major office development comprises 224.7 acres, including this 80 acre site and the 22 acre Perrin property. If those properties are removed from the inventory about 122.7 acres of land is available for new major office development. Most of that acreage is located in the Waters and a few smaller sites in Eagandale Corporate Center. Mnior Office Develovment Goals During the past two years the City conducted several studies intended to provide a basis for updating its commercial Land Use Plan element of the Comprehensive Guide Plan. While these studies focused on retail/commercial/small office development, they also included some information and recommendations regarding major office development. The Commercial Land Use Study Background Report reiterates the adopted goals of the City's Economic Development Commission to promote and retain a strong and diverse tax base and employment base. The report cautions that "as Eagan continues to grow, suitable land for corporate offices could become scarce if allowed to develop with whatever is "hot" on the market at the time. As such, the City must consider how much land to set aside for corporate office parks in the long run, to prevent an erosion of our supply of suitable land." The study does not, however, include an analysis of how much land should be set aside for corporate office. The Commercial Land Use Study Interim Report Working Policies concludes that Eagan's geographic location in the region makes the City a prime candidate for attracting major corporate offices and recommends that large tracts of suitable land (e.g. adjacent to major roadways) should be preserved and promoted for major corporate office or institutional facilities. This is supported by recent Towle Reports documenting development trends in the metropolitan region that indicate the office market is showing signs of recovering after several years of slow development. There are indications that demand for development sites in Dakota County and Metro East are increasing; particularly locations with easy access to the airport, Mall of America and the rest of the region. In fact, the 2nd quarter 1996 Towle Report states that Dakota County has the most improved office vacancy rate of all metro area sectors. The current office vacancy rate in Dakota County is 3.6%. Within the last quarter, the City has issued building permits for approximately 60,000 s.f. of single tenant office buildings. In addition, City staff continue to receive inquiries about the availability of sites in Eagan to accommodate larger office development. Central Area Land Use Policies Planning Report - Scenic Enterprises July 23, 1996 Page 12 This property is designated as part of the City's Central Area. The Central Area Plan, an amendment to the City's Land Use Plan, encompasses a concentrated massing of mixed retail, office, service and residential uses at, and around, the intersection of Yankee Doodle Road and I -35E. The Plan acknowledges that this area represents Eagan's one major diversified use center. The land use plan for the Central Area reaffirms many of the existing or planned uses in the area and provides policies to guide in -fill development. While the Central Area Plan encourages a mix of uses, it states that the Central Area should include a significant corporate office employment base. The area northwest of Pilot Knob and Yankee Doodle roads is the only area within the Central Area specifically designated for major office development (Exhibit B). Much of the development surrounding the Central Area consists of medium and high density residential uses except to the northeast. Medium and high density residential land uses are specifically designated on the Central Area land use plan in the northeast and southeast quadrants. New Policies for Northwest Quadrant Except for the Northeast Quadrant, the Central Area Plan does not include area specific policies to guide development. The Plan was intended to be further clarified to provide more direction for each quadrant. If the City finds the proposed land use mix appropriate, some policies should be developed specific to the land uses proposed in the northwest quadrant. These policies should be developed prior to forwarding the amendment to the Metropolitan Council for review. Of particular importance will be policies addressing impacts on development of the Perrin property. Summary - Comprehensive Land Use Impacts; The feasibility of this site for either major office or mixed residential development is somewhat moot; the site could accommodate either type of development. The fundament land use question is whether the proposed land use mix is more appropriate than the existing land use (major office). It is important to consider the appropriateness of the land use in terms of the overall land use balance of the entire City. The City of Eagan currently exceeds its Livable Communities goals established for non -single family detached housing by eight to ten percent. Under the current land use plan, the projected housing mix at buildout will be 54% single family detached and 46% non -single family detached housing, at least 10% above the city's goals. Therefore, to add more low/medium density to the city's residential land supply would be contrary to its adopted Livable Communities goals. The Central Area plan encourages a mix of uses, including residential. However residential uses in the Central Area should be higher density. The existing supply of land available for new major office development is limited with about 225 acres available for new developing, including this 80 acre site. The City Council must determine the importance of keeping this property available for future opportunities to develop major office uses. If this property is redesignated to allow a mix of residential, commercial and park uses, the City Council must also consider how the adjacent undeveloped parcel (Perrin property) will be affected. That property is guided CA -major office and zoned R & D. Redesignation of the Perrin property is not included in this request. SCHOOL SYSTEM q I Planning Report - Scenic Enterprises July 23, 1996 Page 13 Information regarding the potential impact of the proposed land use change on the public school system has been provided by Ann Frenchick, Coordinator of Information Systems for School District #197 and Byron Schwab, Principal at Pilot Knob Elementary School (Exhibits N1 -N3). The evaluation includes the existing capacity and enrollment projections per grade for the schools servicing this area, and an estimate of the added demand for school services with the additional students from the proposed and potential residential development. Capacity and Enrollment Projections This site is served by three schools, Pilot Knob Elementary, Grass Junior High, and Henry Sibley Senior High. District #197 bases its enrollment projections on the .assumption that some growth will occur in the community every year. Consequently, simply adding additional enrollment from the proposed and potential residential developments could include some double counting. The projections also assume some influx due to open enrollment. However, the District recently closed open enrollment. Therefore the projections may be higher than actual enrollments. Due to assumptions of steady growth, the projections generally indicate that enrollment (K-12) will increase from 4805 students in 1995-96 to 4900 in 2000-01. This amounts to less than a 2% increase in enrollment over the next five years. Estimated Impacts The impact of residential development on school enrollment is generally greater for single-family development than for townhome development. Scenic Enterprise's proposed development of 49.5 acres at 3.5 units/acre would be expected to generate an additional 78-100 school age children., depending of the type of units (i.e. townhouse or single family). Adding these potential children to existing enrollment projections indicates that enrollment in 2000-01 could reach 5000 students, if the development were entirely single family. This represents a 2% increase from the 4900 student enrollment projected without new development. Information received from the school district indicates that they do not anticipate any serious capacity issues relative to additional residential development, but they are concerned about impacts on the rate of student turnover. The school district compiled data indicating that families living in rental units tend to move more frequently than families living in owner -occupied units. Pilot Knob Elementary currently experiences a high student turnover rate. The school is very concerned about development of additional non -owner occupied dwellings that could increase the high turn -over rate. Staff notes that neither the Comprehensive Guide Plan nor the Zoning Code regulate home ownership. Summary - School Svstem: Information received from the ISD 4197 indicates that the proposed residential development on 49.5 acres at 3.5 units/acre could increase enrollment by about 2%. This should not create significant capacity problems at the affected schools. However, school district officials are concerned about increasing the amount of non -owner occupied residential Planning Report - Scenic Enterprises July 23, 1996 Page 14 units in the area, which they believe could negatively impact their already high rate of student turn -over at Pilot Knob Elementary. PARKS AND RECREATION SYSTEM The parks system section reviews the implications of the proposed land use change on the parks and recreation system at both the neighborhood and citywide levels. Park Systems Plan The City's current Park System Plan, updated in 1995 does not designate any additional parks in this area. The property has long been designated for research and development type uses and was anticipated to develop with major offices. There are not any citywide park facilities in the immediate area. During late summer 1995 the city initiated a preliminary study of this 80 acre site for possible siting of a community center/central park. The idea of developing a central park grew out of the Council's direction and the work of the Central Area Task Force. Initially, a park and community building were intended to be part of the Eagan Promenade. However, the park site made available by Opus proved unsuitable for the type of activities desired. Last summer the City began looking for other sites within or near the Central Area that would be appropriate for a central park. The 200 -acre site previously owned by Northwestern Mutual Life and this 80 -acre site previously owned by Unisys were both considered potential park sites due to their central locations and attractive natural features. They are also some of the only remaining large undeveloped parcels in the Central Area vicinity. Further investigation of these, or other potential park sites, was put on hold while the City considered the Carriage Hills land use amendment request. At their meeting on May 16, 1996, the APC requested input and direction from the City Council regarding development of a central park and asked for the Council's response to two questions: 1. Is the City still interested in developing a central park? 2. If so, does the City want to consider this site for such a park? At their workshop meeting on June 25, 1996, the City Council stated that development of a central area park is still a goal. They indicated that a central park facility should provide year- round activities, both indoor and outdoor, and should be suitable to host citywide events; in particular the July 4th celebration. The Council felt that further analysis of this and other potential park sites would be necessary to determine the best location for a central park. Using input obtained from the June 25 City Council meeting, Brauer and Associates (parks consultant) developed a basic program framework of desired park facilities. The 21.5 acre site proposed by the applicant for a park was evaluated to determine how it can accommodate the Planning Report - Scenic Enterprises July 23, 1996 Page 15 program framework. The consultant's report concluded that the land designated for park use by the applicant is best suited for a passive recreational/open space use due to natural site constraints. A fairly large portion of the proposed park area includes wetlands, floodable land, and wooded hillsides which cannot withstand intense development. Additional land (preferably level ground) would be need to accommodate more intense development such as a community center. At this time, ownership and acquisition of land for a park has not been determined. Regardless of the land use, any development of this property will be subject to the City's regulations regarding wetlands, tree preservation and park dedication. Likewise, designation of a portion of this property for a park or open space, whether private or public, could occur with mixed residential or major office development. Neighborhood Parks The proposed site is located within park service district #9 which includes two neighborhood parks - Quarry Park and Pilot Knob Park (Exhibit O). In addition, the facilities at Pilot Knob Elementary school are used to serve this area. Quarry Park, located off Coachman Road, is a fully developed park providing facilities for both summer and winter active recreational use. The eastern boundary of Quarry Park abuts the area proposed for development. Pilot Knob Park is located just south of Pilot Knob Elementary school. The city'has had a "partnership" relationship with the school for more than 15 years. This arrangement has involved the extension of recreational opportunities beyond just the park boundaries to include the facilities on the school grounds. Combined, the park/school provides a walking trail, two tennis courts, skating rink, basketball court, play equipment and ball field. Due to roadway alignments and property ownership, Quarry and Pilot Knob parks tend to operate as separate units. It has long been the desire of the City to link these two parks via a trail connection to make the amenities at both parks accessible to residents who live within the service area. When this property is developed, regardless of the final use, the City will be looking to obtain some parkland to establish a link between this 80 acre parcel and Quarry and Pilot Knob parks. It does not appear that additional residential development would have an adverse impact on the capacity or use of these parks. However, access to the parks will be a concern that will need to be addressed with specific development proposals. Summary - Parks and Recreation System: No additional parks are proposed for this area in the current City Park System Plan. However, this is one of several sites the City is evaluating for possible development of a community center/central park. Based on initial feedback from the City Council regarding desired park facilities, the proposed 21.5 acre park was evaluated to determine whether it could adequately accommodate those facilities. The evaluation concludes that the proposed park site contains many natural features that make it suited for a passive, open space type park. However, those features (wetlands, woodlands, steep slopes) make the site Planning Report - Scenic Enterprises July 23, 1996 Page 16 difficult to develop for more intense park uses. In conjunction with development of this property, the City will be requesting that a link (possibly via a trail) be established with Quarry and Pilot Knob parks. These linkages, as well as a park, could occur regardless of the land use. SUMMARY OF FINDINGS In evaluating this proposals, the following items should be considered: GENERAL CONSIDERATIONS ► Scenic Enterprises, Inc. is requesting approval of a Comprehensive Guide Plan Amendment from CA (Central Area - major office) to CA (Mixed Use - residential/commercial/park) for approximately 80 acres of property located north of Yankee Doodle Road, west of Pilot Knob Road in the SE 1/4 of Section 9. ► This property has been zoned R & D (Research and Development) from 1966 to the present. It was guided for R & D in 1974 when the City established it's first comprehensive land use guide plan. In 1995 the City adopted the Central Area Plan, an amendment to the Comprehensive Guide Plan, which designates this property for "major office" development. ► The revised land use proposal presented by Scenic Enterprises includes a mixed use development consisting of 49 acres for residential development at 3.5 units/acre, 2.5 acres for multi -family (assisted living), 4.5 acres for neighborhood business, 4.0 acres for a motel, and 20.0 acres for a park. ENVIRONMENTAL IMPACTS ► The site contains some natural features, including woodlands, wetlands and steep slopes that make it somewhat difficult to develop. Development would need to be designed to avoid the removal of significant trees, draining or filling of wetlands, and minimize topographic alteration. ► Storm water runoff from residential or major office development could be accommodated, but would require some on-site ponding and construction of a lift station and force main for Pond CP -4. ► Aircraft policy restrictions on residential development do not apply to this site, but use of noise attenuation standards in construction would be encouraged. ► Scenic Enterprise's concept development proposal for 197 residential units, and the potential for at least 68,607 gross s.f. (or more) of neighborhood business, and 38,115 gross s.f. (or more) of motel will likely require an EAW, unless all the residential units /o/ Planning Report - Scenic Enterprises July 23, 1996 Page 17 are attached units. A major office development exceeding 450,000 s.f, in size would also require an EAW. INFRASTRUCTURE ► Development of this property will require construction of a collector street from the intersection of Federal Drive with Yankee Doodle Road to the intersection of High Site Drive with Pilot Knob Road as identified in the Central Area Transportation Plan and Ring Road Concept. IN. Projected traffic volumes would be greater for major office than the applicant's mixed development proposal. However, the planned improvements to Yankee Doodle Road are designed to accommodate major office development on this property. ► Sanitary sewer and water are available to adequately serve the applicant's mix use or major office development on this site. COMPREHENSIVE LAND USE IMPACTS ► The fundament land use question is whether the proposed land use mix is more appropriate than the existing land use (major office). It is important to consider the appropriateness of the land use in terms of the overall land use balance of the entire City. ► The City's housing goals as articulated in the Comprehensive Guide Plan and in the Livable Communities goals are to provide a balanced housing stock. This balance is to be achieved in housing type, cost, and age. It is also a stated goal of the Comprehensive Plan to maintain a housing balance within neighborhoods. ► The City's residential land supply is ample in the D -H designation. About one-third of the City's vacant residential land is designated D -II, and approximately 15% of the D -H land in the City is now vacant. ► While the Central Area encourages a mix of uses, including residential, it is intended to support higher intensity uses. As such, residential development within the Central Area should consist of medium to high density development. ► The existing supply of land available for new major office development is limited, with only 225 acres remaining for major office development, including this 80 acre site. ► The Commercial Land Use Study Interim Report and Working Policies (April 1994) recommends that the City consider setting aside large tracts of land adjacent to major roadways to ensure preservation of the City's supply of suitable land for major office or Planning Report - Scenic Enterprises July 23, 1996 Page 18 institutional facilities. ► The Central Area Plan states that the Central Area should include a significant corporate office employment base. The area at the northwest intersection of Pilot Knob and Yankee Doodle Road is the only area specifically designated for major office development on the Central Area land use plan. SCHOOL SYSTEM No. Residential development on 49.5 acres at a density of 3.5 units/acre could result in a 2% enrollment increase by 2000-01. This should not create significant capacity problems at the affected schools. ► School district officials primary concern is increasing the amount of non -owner occupied residential units in the area, which they believe could negatively impact an already high rate of student turn -over at Pilot Knob Elementary. PARKS SYSTEM ► No additional parks are proposed for this area in the current City Park System Plan. However, this is one of several sites the City is evaluating for possible development of a community center/central park. The City Council has indicated that they want to pursue development of a park within, or in close proximity to the central area. Based on initial feedback from the Council, such a park should provide year-round activities and be suitable to host citywide events such as the July 4th celebration. An evaluation of the proposed 21.5 acre site indicates that the proposed 21.5 acre park site contains wetlands, woodlands,and steep slopes that make it difficult to develop with intense uses. However, there are opportunities to develop a passive/open space type park and to provide trail linkages to Quarry and Pilot Knob parks. ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment changing the Land Use designation of approximately 80 acres from CA, Central Area (major office) to CA, Central Area (mixed use - residential/commercial/park), located on the north side of Yankee Doodle Road, west of Pilot Knob Road, in the SE 1/4 of Section 9. 103 ZONING COMPREHENSIVE GUIDE PLAN AR, S � Ct 11' • ��I Iv o ' \ e �clW.tN%G Z -1o7, c4Loffd� � 10 I;, AREA PROPOSED FOR COMPREHENSIVE GUIDE PLAN AMENDMENT Id`s EXHIBIT - A ,o �clW.tN%G Z -1o7, c4Loffd� � 10 I;, AREA PROPOSED FOR COMPREHENSIVE GUIDE PLAN AMENDMENT Id`s EXHIBIT - A CENTRAL AREA LAND USES \:BAR Au. + L CwE i I i I MA.lCR CFrlCE C CLIARSRY -73) IPARK w� AI%4K= :-COL= =CAO • CLlARR•.' � } � ',�� G T: v14►W,MAJOR RETAIUSEAVICE1OFFICE -4cq ` RESIDENTIAL (MED/Hl) PUBUC SPACE v 2 YANKir "I"LE ;CAC SMALLSCAL.E"I ,. -R. L 'C`N&l I I REiAILI%I % , • 1 s•, ' jSERVICFJOFFICE OF—rlCS;RETAlURESaNTL (MED/HIM. 71 =4RK MAJOR fiEi AIUSERVICc' .`� //�'1 J/ 1' _ , •♦ •� <.• - fry •� ,: :AK j rlum-w � /// i i. •nom 1 f v '�1 Twat _,_ } �c°w��. I� 't-�•? S•' i v .. '�+�_i! Ir` i sC'-G >=iO olol tsCOiQ I V C7. Ic � ?—•.i� :Y � 1. ' '3. 1 �� C` H �lIC� i1 I � ��t�+e+ �l v �� Cave <NWK _'• GLERT C :�_ :rAa , RCAF. LAI `„::e#AARK • �� aL•<HWK i `ALN s PARK 1 4lCrc .. I +, I ' \ •�E'yt.�ARK41Cc 1676 EXHIBIT - f I j p 0 0 d c 0 u N 1 0 1! d r ' .� I L7 s ------------------ " o Lu U W a m EXHIBIT - C Z . Q Q W !� Lo W u to .. n W Z ° W U o _ = on JI ZB+ a W i w U 011e V)NO j p 0 0 d c 0 u N 1 0 1! d r ' .� I L7 s ------------------ " o Lu U W a m EXHIBIT - C EXHIBIT - Cl SIGNIFICANT TREES /t, � EXHIBIT - D r ab FL Ac RIE 5 i J a � El I T if CL. YI � :rs! Z -n log yr 00 `• I 17 L. Ill' ALL ... PARK' ( I Ip I ICL; I COACHMAN I OARS �CP-9, �� J PARK NC Pte. !4 , G;LAMD - �.,•�. ODTI r -1 cm .41 0_ I P-5 ;r ACH AN Fox PAR K / UNISYSMIXE ,CL. -•�6 �- --� I o a 6.. �a m 3 s C- n "� A- o> C L� V _ r , CL. VI wA R I !SURREY SA o, — GARDENS laod J ;'� )� jT + ` A3 MJi. ��.�`1iiHT$� '�._ . TOS CL. VII +� is y.T12►,a t`, i `70: i ionTRE sECOOCR- OAK T, / _ 1 T 6k T H row N CEN, vi �.� RJ'f k , 70 FIRST'= 27" �,. _ _ T.C. JP WETLANDS //o EXHIBIT - E `-M•f 1191.0 _ • �= /�� -- 1 -`, d960 LS-t2A OP -12. 8721 I -MDP-I' '�� _ ' -•i �• OPI?.. �y 86!0 0 n ...�- 668.0 876.0 - = CP•3.:- ��+ e72.0 8.0 aro OP-=_ �•� / : 2,. DP63.2 .008.0 :rte' h aw p.� OP -17C - N. D•f 880.0 i CP -9 a.• - - 87 - 89e.7 � - (� 702.0 0_° 0•t tP-qj I66.0 _ 956.0 vv /w;79.7 162.0 f1; D f14 CP•a OP•19 �j ea• o [- s9o.o . DP- aso.o a7:.s a..C-C :: OP -13 i 5' wwKK • _ _ •- _ .� • 878.0 .. _ . __...__ eds.J __r OP -8 d,• CP -10 - 8393 A 790.P- 25 -• _. OP -A BJJ.s �.°• 876.0 �r7e.� CP -T tp.g - * .._ ergs :e- .' 3310-765.0 C/16 -20 111-• rS CP•f2- CP -f **,OP a• OP -23 90•Z • OP - 26. 9 826.0 rr Q976 ~� 082.2 d?9.7 CP -6 0.67 3d `806.0, OP, 0 r• JP -ie 82.0 �• a7t 0 . 9 ~ 7923 .00e dB0.0 i ` _ 6• 886 s8 }G2 d 9' bl• J-11 Jp. 3 ?r ip CP- I1 6440 JP -6Z 67 !a. 859 8 11.7 X3.0 - J7 716.0 J 0 rB. I76.3 876.0 I d73 . \` dOe.I ee�.0 071.0 119/.. 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ROAa rg .N■ _ 1180,644, !: . so 0,48,44,84*0 • m ! 1 f3 a ID = ••,,•••moi Lr - se t996:68e* message *mans &cosset 946089918= •••Ittttt*ti*19061*, i • 'o EXHIBIT - G T n • m •a -4 EXHIBIT - G 48 it C-2 I© _ N_? �� %30 N - H N-4. kh 1-7 7L 911 .91 r'A\ N -A N - F N -c 12" N -E N-0 9:1 364mu Ic F 36' Z31 8) 36" 33" 112 FIG. NO.7 SANITARY SEWER TRUE fC LAYOUT CITY OF EAGAN //,3 EXHIBIT -H �e. 7•ax0 12. -� 1•Z' leafs 0 spy 1 O•�1n.- 29 32 i ! � � r' .. 1 �- � 6• �� SIJ r 4-`J 6 I»vZT- dew -/-- 24 Al rryr,� sz. 72/ ., r— _ KV 32.��_eao� 22 1"2' 930''— —ji :. :� •ly — j�x��74 "i ii' 12* - sza+eza3-� `„Csag dim se.veso .270x.,.? _ 1 : • c'- �"�` n417a 8. f a2 • a� 6• 0.3 ry 41c�e ,r ... x6!/76.0 Jim. ;.• .. _ . 4:•,1Af1 47.0/7`7.0'1 • — N �3'�S �C• �`• `•— :•C�e •f SV/16".- . ter. 0 t 74 — �w.�� 92 a/?SO 7.0 iTSaO/ .�`_�•� . -..i_. rl •"';SS9/670 �a/620 d.t; •• �' �a w- — ' ,.,• Tc za ".. '6� •ra• l.s9 ^„ 1a. �. 41.0/ 61 1040 `rJ TAEA?M[M.TGLQ }rL ar!Fyi Z4 Ie30 rTL f 37 hjraj s y .1�•;+T -9p �- ••y, .s` ; , $M�-640/ s --•- -'39/ � 67.0[7 91 45.6/ a'� -'� __ tl• �*s" ,6s. ' 'i 92 lGCJ6 0 0� �:�C.a _.- is _ - - 1. �:.•v 3 7o./e00 lo- ,0^ _`�=5• 30' dimop _ ,•° walso�.rew�c:_ 56.J1. .`8._ ..r.. •; �,r ._-�..: +-.. sr.• 03. a0 76.0 .��.. _ _ - _ '��• •_ ._.. �iSA'1`!7 ^� _ �.:_=' -� 93Btgalas •il B.:€ ' +,-�- i" - ' IS�r Ti0 sr �-�• 16:-� .�:...-rr.r� it 268 .r. e� T3ifi6e6`=11'� !4 IiGG �Lr�� ...- ��•iy�...�r'it>��•: � \�.. � g�.dSS/Zea 0 ``� w 'i, - - •e'' _` •__ .. '-� ."..7` rr� . + 12• _. G FIG. NO. 8 WATER DISTRIBUTION SYSTEM' 0 CITY OF EAGAN ��% EXHIBIT -1 2. 1 •j j {ER j R J 4z -7m O �-� U� a� Sol =U&NOMESIM n �Al T J � rust►fit • I al a EXHIBIT - J RESIDENTIAL LAND INVENTORY PERCENT PERCENT COMPREHENSIVE PLAN DESIGNATION I V I HL RESIDENTIAL ACRES i t1=M .GIV I OF RESID. ACRES ViA%amlV 1 LAND _ funplatted) %jr VNlrf11V 1 I VHt.,AN I RESIDENTIAL WITHIN LAND SUPPLY i DESIGNATION Rural Residential 100 I 1% I I y 0-1 Single Family 0-3 I 4626 I 62% I 483 58% 10% D -II Mixed Resid. (0-6) 1960 26% ( 292 I 35% 15% D-111 and D -IV Mixed Resid. (0-12+) 796 11% 58 I 7% 7% TOTALSi 7482 i 100% I 833 100% LIVABLE COMMUNITIES HOUSING BALANCE SINGLE FAMILY I NON -SINGLE j DETACHED ,!FAMILY DETACHED Livable Communities Target Balance 62%-65% 35%-38% Current Eagan (as of 12/95) 54% 46% I Projected Eagan (at buildout) 53% 47% 11,6 EXHIBIT - K ��..o—� � _ _ � F 3•= s-•_-_,� j: mac.. /�'• - .:,� ' '� i if ir W � . EXHIBIT - N 1 M to co N M L1) O CD O f - T V O Ln1�^ C) U O CUCtsO M M � T n T LL f� T T T T r r N r- N CD CD m CD N O O O Co 00 Q CA Cn O to m CO N Ln Ln 00 T N T O O O t\ M M M M M M M M M M IT CY) M C7) r 0 m O Ln eT U � O L Q T T T T T Q Q y, CO T qcr � (M M O co CO *� U , Q m W O O CD CO CO CDN� O NN o0 O M n CD Cl) M M M M M M M M If' If CO M co r Cn O) C cis O NT d et � ' O C , CD Q) r T r CO CO NM N0) Ln N LO CO co f- M N00 CA O) Q) CA Cfl Co m Co M CD N LC) d Ln co O Cf? U) M ' M M M M M M M M C') V M M M M O to O , co V v CA C i . CO T T N to r T M Cn LO O T O Ln M N CD O C CA O O N M O O LO N LO f- N N v CO M r N T M M M CO) MlqT co co co co co co co 00 O 0 Q. I� of et � to C r di n r 0 CA CO C) '-T Cl V M r M N T O O O C VCA CA N O CA O CD O CD O m C7) CD N N N E CD I CO M co co v M 'IT co M M M co M CO 00 Co '0 CC d N CD d 0) N N N � M Ll) r- � r- a) CA CD '7 LO LO LC) O L L f- O O O CO T M r N T M M r-- O O O M M M M M M �T M M N co v 00 Q v m 00 y V CA Y r N M v Lf) CD I -- M m O T N CcD C 0 T T T C C U O N N O > CD N CO 3 `o d rn Y cz E M M C CD L L C C > N L7 CD > O a) Q L 'O d E 3 r a C M .O O CD LLCL 1l EXHIBIT - N 1 -G IN ECrF,JF INDEPENDENT SCHOOL DISTRICT 197 l THE BEST PLACE To LEARN ; r k' SCH�OOOLL.D(S,��G� ANNE NL FRENCMCK Coordinator of Information Systems (612) 681-2387 MEMORANDUM TO: Julie F arnum, City of Eagan FROM: Anne M. Frenchick,� DATE: July 9, 1996 SUBJECT: 50 Acre Development in Eagan - update Per your recent request to update the projections I sent you in April, enclosed is a new table with the projections for a 50 -acre development. The two scenarios, all single family homes and all townhomes presume the same unit -per -acre density, as you requested: scenario A - 173 single family homes scenario B - 173 townhomes The same considerations I outlined in my April 11 letter apply to these projections: the projection model used for the basic projection of enrollments presumes that growth will continue at the same rate as it has in the past. Therefore, by adding the growth anticipated from the 50 -acre development to our projection, we are possibly double -counting some children. Development in this district over the last few years has been modest, however, and the development you are proposing will impact enrollments at Pilot Knob Elementary over and above what we would expect to see without development on this acreage. In determining the impact of different types of housing units, the average child -per-unit is not the only factor that must be considered. Children living in townhomes and apartments produce a higher turnover rate, further stressing the educational system. We have found that families living in townhomes and apartments tend to move more frequently than families living in single family homes and duplexes. Students who enter and leave our system mid -year and those who start in a school at the beginning of the year, but who were not with us the previous year present challenges for the district in effectively assimilating them into our programs. I hope this information is useful to you in your analysis. Please call me if you have any further questions. cc: Bob Monson Lois Rockney Byron Schwab /aO DISTRICT OFFICES • 1897 DELANVARE A%-F\T:E • 'INTENDOT.A HEIGHTS, '_'%'11N ESOTA • 3511S ;61-) 1681-2:300 FAX , 612) (381-9102 TDD 1612 ! 452-15:3 41i R�•!�r Wrs'r Sr. Pwi., !:%',:'.\. S1 `.!-:,!! LAKE. f.!..•r!�.�!.r:. .,N!, [NVER Gri ,j%'E HF!,;wr; EXHIBIT - I G IN a�� PILOT KNOB ELEMENTARY SCHOOL 1436 LONE OAK ROAD • EAGAN, MINNESOTA • 55121 • (612) 405-2588 V BYRON SCHWAB, PRINCIPAL JCy00L DISZ�� TO: EAGAN PLANNING COMMISSION EAGAN CITY COUNCIL TOM EAGAN, MAYOR FROM: BYRON SCHWAB, PRINCIPAL PILOT KNOB ELEMENTARY DATE: FRIDAY, APRIL 12, 1996 RE: 80 ACRE DEVELOPMENT IN EAGAN Pilot Knob is very interested in community development. We want to be proactive in our approach with students and parents and always provide high quality educational opportunities. Development will have a direct impact on our student population. Pilot Knob has a student population of about 600 students. Historically we have had a considerable number of students enroll and withdraw throughout each school year. Much of this movement is because of apartment and townhouse rental property. Therefore, we ask that you seriously consider the type of housing proposed for the 80 acre development project. Statistically, from June 1, 1993 to May 31, 1994 we had 253 students drop and during the same time period we enrolled 209 students. From June 1, 1994 to May 31, 1995 we had 237 students drop and during the same time period we had 213 students enroll. From June 1, 1995 to April 15, 1996 we have already dropped 171 students and enrolled 161 students. In 93-94 we processed 462 student records and in 94-95 we processed 450 student records. This is very substantial out of our total average enrollment. In order to provide the greatest continuity in the learning process with the fewest interruptions, we ask that you seriously consider the type of housing proposed for the 80 acre development project. Working together to provide stability and consistency for our school community is necessary for the success of all learners. Thank you for your consideration. Byron L. Schwab, M.Ed., Ed.S. cc: Dr. Monson, Superintendent of School, I.S.D. 197 Dr. Pitton, Assistant Superintendent, Curriculum and Learning Linda McDonald, Pilot Knob P.T.A. President/ DISTRICT OFFICES • 1897 DELAWARE AVF.NLTE • MENDOTA HEIGHTS, MINNESOTA • 55118 (612) 681-2300 FAX (612) 405-2462 TDD (612) 452-1537 SERVING WEST ST. PAUL, MENDOTA HEIGHTS, EAGAN, MENDOTA, SUNFISfI LAKE, LILYDALF., AND INVER GROVE HEIGHTS EXHIBIT — N% AREA PARKS �c1f�.ttiJb':r 1 CL r. I' )C;?;.C:a- EXHIBIT - 0 MEMORANDUM TO: City of Eagan FROM: Scenic Enterprises, Inc. DATE: June 19, 1996 SUBJECT: Scenic Enterprises, Inc. Comprehensive Plan & Zoning Application Update The purpose of this memorandum is to provide an additional narrative supporting Scenic Enterprises, Inc.'s June 1996 Application for a change to the City's Comprehensive Plan for the 80 acre legally described as Lot 2, Block 1 Unisys Park 2nd Addition ("Subject Property"). The Subject Property is located in the northwest quadrant of Pilot Knob Road and Yankee Doodle Road. This Memorandum also updates information which was submitted with the development application filed with the City for the Subject Property in December 1993. At that time we submitted applications for Comprehensive Plan Change and Rezoning ("Initial Application"). The Applicant seeks a change in the "designation" of the Subject Property in the City's Central Area Plan from "major office" to the designations on the map attached to the Application. The Central Area Plan is described below. The City's Comprehensive Guide Plan and Zoning Ordinance designates "R&D" (Research & Development) for the Subject Property. It is the only vacant site remaining in the once called Unisys Campus. The 80 acres was part of the 200 acre parcel of which Unisys was expected to own and develop. Today Unisys has sold three of the four parcels which it owned, and never developed the subject property. In construing the three (3) existing facilities, Unysis made a decision to leave the Subject Property as an oddly shaped eighty (80) acre parcel, with small frontage on Yankee Doodle Road and Pilot Knob space. Furthermore, the middle of the Subject Property in which the Applicant is proposing multi -family residential, contains several easements. The only facility which Unisys still owns is the MAC Marketing and Communications Building located in the north eastern portion fo the site. Accordingly, the nature of the Subject Property changed as a result of Unysis' development decisions. The Comprehensive Guide Plan designation was placed on the property in the early 1970's after Unisys acquired the Subject Property. During the past two years, the City completed a land use study for the Town Center area which included this 80 acre parcel. The study resulted in amendment to the Comprehensive Guide Plan entitled the Central Area Plan, which included text calling for flexibility for the Subject Property. A map contained in the Central Area Plan identifies the Subject Property as "Major Office" but does not define the term. In fact, the purpose of the Central Area Plan was to set forth development policies, not land use designations. The Central Area Plan (Town Center) does not preclude residential land use for the Unisys property. The nature of the Subject Property has changed, because of how Unysis chose to develop the original 200 acre tract. The property west of the .subject parcel is still undeveloped and being farmed. The parcel north of this 20 acres, also abutting the Subject Property on the northwest, is zoned and developed as medium density townhomes. The property to the north, originally the Unisys Semi -Conductor Facility, has been sold to Northwest Airlines and has been converted into their data and communication facility.. Directly east of the NWA facility is the only facility now owned by Unisys. This is the MAC Building located at Tower Drive and Pilot Knob Road. East of Pilot Knob Road the property is developed and consists of some single family, duplex and multiple residential. Immediately southeast of the property was the main Unisys Defense Building. Since our original submittal, Unisys has sold this facility. The Applicant's concept is intended to create a development where people could live, shop, work and enjoy park facilities within the neighborhood which they live. Regarding the status of Joe Miller since the application was submitted, his company Joe Miller Homes was sold to D.R. Horton, Inc. This subject parcel was purchased by Scenic Enterprises (Joe Miller), Inc., 18133 Cedar Avenue South, Farmington, Minnesota 55024. This company is owned by Joe Miller. Scenic Enterprises has formed a development team for the subject property. The team consists of the following people: Anthony Gleekel, Attorney Gerald Walek, Principal Siegel, Brill, Greupner & Duffy, P.A. Paramount Engineering John Voss, Planner Bob Kopp Urban Planning & Design Scenic Enterprises Bob Wiegert, Engineer Aaron Parker Paramount Engineering A Studio 2 /C� / RECEIVED JUN 1 9 196 July 15, 1996 Julie Farnham City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 LAND UsF. PLANNING .AND DEsicN BRAUER & ASSOCIATES, LTD Re: Scenic Development Site - Park Planning Review and Analysis Brauer and Associates, Ltd. #96-42 Ms. Farnham, REGENFD JUL 1 ? 1995 The following review and analysis of the Scenic Development Site and its potential for use of a portion of the site as a municipal park is submitted to you for your consideration. Introduction We have reviewed the site and the developers proposal for dedication of land to the city for park uses. The site intended for dedication contains many physical attributes preferred in public parkland. The current surrounding land uses are compatible for the development of a park and have infrastructure that could be of benefit to the public should a special event park such as a "Central Park" be built a this location. In addition to the attributes of the land itself, the location of this potential park is a key to completing connections between the existing neighborhood parks to the west and north of the site and the future trail along the proposed ring road. In addition to this report our office attempted to define the basic program and physical requirements and have documented these findings for the development of a "Central Park" in a separate report to the city. Since, this site has been mentioned as a possible site for the "Central Park", we have included a summary of these findings in this letter. Site Analysis Land Area The community park space, 21.5 acres, identified on the developers plan is made up of both upland and wetland areas. Vegetation The eastern portion of the site is upland covered with mature hardwoods. Along with the hardwoods this piece of the site contains slopes ranging from 10 to 28% in grade. The area of the site under these conditions comprises between 6.5 and 7 acres. The lowest portions of the site are vegetated with grasses and soft wood trees such as cottonwood and boxelder. Although these trees may typically be thought of as being of less value, in this situation, they provide a 'setting for the wetlands and act as a foil between the wetland area and the surrounding land uses. Wetlands Wetlands on the suggested community park property occupy 3 to 4 acres of the land area. so -"- -301 Ohms Lane, Suite 500 Minneapolis, MN 55.139 Tcl (612) 832-9475 Fax ( 612) 832.95-42 j Current Surrounding Land Use The current uses of the land surrounding the proposed community park site include large office sites with expansive parking lots. This represents a potential benefit to the park property should programs that demand parking be developed on the site. Joint use of these lots would of course require the approval of the surrounding land owners. Office use, with the majority of its' activity during the working hours of the work week, would be complementary to a special use park, such as a "Central Park". Stormwater Storage The property also functions as a storm water drainage pond. The 100 year storage requirement, at full development, is anticipated to be 77 acre feet. This amount of water would cover approximately 14 acres of bottom land on the site. Flood frequency, duration and time of year will all effect the use of this portion of the site for recreation. Urban Utilities Urban utilities exist in close proximity to the park and considering the office land use originally anticipated for this property are most likely more than adequate for park land development. Site Access Access to the area of the site will be exceptional with the installation of the proposed ring road. Access into the site from the surrounding streets will be a formidable job. Public right of way is shown as abutting the south and east sides of the proposed park site. Steep, heavily wooded, slopes along these streets will require extensive grading and tree loss to gain emergency and operations and maintenance access to the lower portions of the property. Site/ Program Potential The land designated for park use in this proposal is, in fact, best suited for a passive recreational / open space use. The wetland, and wooded hillsides will not withstand intense development and should be protected. A large portion of the flat bottom land will be flooded seasonally making it unsuitable for any development other than passive uses. Whether public or private this scenic portion of the property should be protected. As configured the 21.5 acres of proposed park property will act as a portion of a desirable connection to two adjacent parks. Quarry and Pilot Knob parks will be capable of supplying the developers residential land with neighborhood park facilities. This network of parklands is desirable regardless of the final land use or park program. To complete the connection trail easements will need to be acquired to both existing parks. Central Park Program Requirements The following program description was developed by Brauer and Associates for the City of Eagan as an attempt to capture the "Central Park" theme discussed by the council at their June 25, 1996 workshop. Further detail regarding this program can be found in a separate report Central Park Protiram and Land Rei uirements, City of Eagan; by Brauer and Associates, Ltd.; 7/15/96. The following activities seemed to surface as the most important program items for a "Central Park ": • Fourth of July Celebration Area specifically as a location for display and viewing of fireworks, but also as a starting and/or ending point for parades, acting as a central location for all Fourth activities. • Amphitheater this being a natural match with the Fourth of July Celebration Area would bring additional community wide use to the " Central Park" and provide for smaller programs as well. • Art Fair for this study we have assumed that the council was referring to a commercial event similar to the Edina or Uptown art fairs. • Community Center activities requiring building space should include aquatics, fitness and community service, (1E. teen and senior centers, multipurpose rooms, day care etc.). Along with the establishment of the program for a "Central Park" minimum land requirements were established for each of the potential uses. Program Use Event Land Parking . Access Utilities Land Form Area Area Required Required V H O S W S P IN ACRES IN I C M A A T o ACRES S I NT E O R W E T R M R O R Municipal Fireworks Display 16.5 16.5 X X X X Gently Sloping to Flat Municipal Amphitheater 4 16.5 X X X X X Gently Sloping to Flat Municipal Art Fair 1.7 NA X X X X X X X Flat / Paved Municipal Community Center 2.5 8.75 X XX X X X X Flat to Gently Rolling HC = Handicapped Access OM = Operations and Maintenance Access X = Required It should be noted that area requirements may overlap and that land required for various combinations of these program uses will result in different totals. Aa ? Opinion The "Central Park" program anticipates intense development and use of the site. All of the intended "Central Park" program uses require operations, maintenance, visitor and handicapped access, which as mentioned previously, will be difficult to achieve and will require the disruption of many of the existing mature trees. Without better site access the development would in all likelihood destroy the most appealing aspects of the site. Although the land area appears sufficient to accommodate the "Central Park" program, little of the park will be available to develop when the wetlands, floodable land and tree covered areas are considered. The land has intrinsic value and should be saved for the enjoyment of future generations. As configured in the Scenic Development proposal, the land parcel will ease the future trail connection to adjacent parklands, but it will not support an intense park program. Julie, should you require additional information or have questions regarding this letter report please feel free to call. Sincerely, Brauer ciates, Ltd. G -e Wm. Watson President FAM Lockheed Martin Tactical Defense Systems P.O. Box 64525 St. Paul, MN 555164-0525 May 16, 1996 Eagan Advisory Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55121 LOCKHEED MA A T/epi , The following comments are being submitted to the Eagan Advisory Planning Commission on behalf of Lockheed Martin regarding the proposed Comprehensive Guide Plan Amendment requested by Scenic Enterprises, Inc. 1. Redesignating this land from major office/research and development uses to residential uses would be contrary to 20 or 30 years of land use planning. • It has been recognized and understood that the original Sperry/Unisys property was always intended to be a R&D Campus, build -out over an extended period of time. • In keeping with this understanding, the City should continue to have patience and preserve this long -planned, guided and zoned area for its intended uses. • The Developer was well aware of the major office designation and R&D zoning when he purchased the property, and has no right to a rezoning of the property. • The burden is on the Developer to show why this long -planned R&D Campus area should be reguided for residential uses. 2. Development of the adjoining land for residential purposes may result in the existing private roads being widened to City right-of-way and construction standards. • Lockheed Martin needs and desires to keep all of its property and will not agree to any development or subdivision of the adjoining land which would result in a net loss of property to Lockheed Martin. • The natural steep grade of the land north of the existing private roadway might suggest that any new public roadway would be cheaper or easier to construct on our property's parking areas. We do not agree with this presumption. We need the parking area for an increased level of business activity at our facility and for the management of our customer and employee traffic. Constructing a widened road on our property would cause a major economic and operational hardship for our business. 3. Having residential development immediately across the street from Lockheed Martin will cause many practical problems and concerns. • Traffic conflicts inherent in mixing residential traffic with Lockheed Martin's commercial/industrial traffic (including peak hour demands and truck movements). /�9 • Lockheed Martin's loading docks are in the northwest corner of its building, facing the proposed residential development. Truck movements, loading and storage in this area of Lockheed Martin's property will inevitably result in complaints from residential neighbors immediately across the street. • Lockheed Martin is very concerned about the impact that having residential neighbors immediately across the street could have on its expansion possibilities in the future. Residential neighbors virtually always oppose commercial and industrial development in their immediate neighborhood. The practical reality is that such opposition will likely make expansion of Lockheed Martin's present buildings and uses politically impossible. 4. Having residential development immediately across the street from Lockheed Martin will cause many legal problems for Lockheed Martin as well as potential ongoing conflicts with residents living in the proposed development. The Eagan Zoning Ordinance sets forth several special performance standards when a R&D District abuts a residential zoning district, including: • Subdivision 16.D.2 of the Zoning Ordinance would require that a three to four -foot high fence or compact evergreen hedge be placed and maintained along Lockheed Martin's western and northern property lines abutting the proposed residential area. Even if Lockheed Martin were not required to install such a fence or hedge at this time, the requirement would be imposed if Lockheed Martin were to propose an expansion of its building or revision of its site plan. Subdivision 16.D.3 of the Zoning Ordinance would require Lockheed Martin to establish a minimum landscaped side and rear yard on its western and northern boundaries of 100 feet. This is 60 feet deeper than the existing 40 -foot side yard setback from the adjoining R&D zoned properties. Rezoning the adjacent property to the north and west for residential purposes would make Lockheed Martin's property nonconforming under this requirement, and would severely restrict Lockheed Martin's opportunities to expand its existing building or revise its site .plan. • Subdivision 16.D.4 of the Zoning Ordinance prohibits loading docks and truck parking on the side of a R&D District abutting a residential district. Lockheed Martin's existing loading docks are in the northwest comer of its building, adjacent to the proposed residential zoning district. Reguiding and rezoning of the adjacent properties would, apparently, require relocation of the loading docks and prohibit Lockheed Martin from its existing practice of parking trucks in the area of the loading docks. Once again, this would severely restrict Lockheed Martin's existing operation and use of its building and property, as well as severely restricting its options for expanding the existing building or use. Subdivision 19.C.7 of the Zoning Ordinance provides that the 45 -foot height limitation in the R&D Zoning District can not be exceeded if the building or structure is located less than 300 feet from a single family residential district. Although the Developer is presently proposing multifamily zoning on the north and west sides of the Lockheed Martin property, if the property is reguided for residential purposes, the possibility of rezoning for single family purposes goes from zero to very possible. Once again, Lockheed Martin's expansion alternatives would be dramatically affected by such a zoning. 136 9 5. The Planning Staff Report on the Scenic Enterprises request for a Comprehensive Plan Amendment has a focus on - "What is the impact of this request on the public infrastructure and the community land use/availability?" • As we have attempted to point out, it is very important to consider the predictable consequences of a change in the general land use of this site. The points we have raised should not be put off until subsequent requests for zoning and platting. • The approach to resolve these issues must necessarily be discussed and decided at this stage of the process, unless of course you decide to turn down the request. It is obvious that if the step is taken to redesignate the land use, the momentum from that decision will likely lead to a rezoning/platting and construction of multiple residential dwellings. For all of the stated reasons, we oppose the request by Scenic Enterprise, Inc. to amend Eagan's Comprehensive Guide Plan. If you have any questions, please contact meat 456-2210. Sincerely, 4r-1:Lt Tom Lindquist Director of Communications /3/ y 4!000 — city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JULIE FARNHAM, PLANNER REGARDING: TASK FORCE REVIEW OF PROPOSED SCENIC ENTERPRISES PARK - SUMMARY OF FINDINGS DATE: OCTOBER 28, 1996 The City Council established a task force to review the suitability of the park proposed by Scenic Enterprises to be utilized as a "central park" and to contact the surrounding business owners regarding joint use of their properties for parking and overflow space. The task force consists of Jerry Segal (APC), Michael Vincent (APRNRC), Julie Farnham (Planning staff) and Ken Vraa (Director, Parks and Recreation). This memo summarizes their findings to date. Since the task force was established in late September, they have met twice. At their first meeting they directed George Watson (Brauer and Assoc.), to conduct an analysis of the proposed park site and evaluate its potential to accommodate a central park. Upon review of the analysis report prepared by Mr. Watson, the task force made the following conclusions and observations: The area proposed for the park, while very attractive, contains many physical constraints that could pose problems for development of the desired park facilities. First, access to the more usable areas of the property could be difficult due to steep slopes around the perimeter of the park site. Second, there is very limited area suitable for development of on-site parking. The analysis assumed that joint parking arrangements could be utilized for community -wide events. While the surrounding property owners have expressed a willingness to work with the City on providing joint parking, they also have concerns about security. Consequently, relying on shared parking could present some complications in scheduling use of this site. In addition, a community center could not be dependant on off-site parking and more land would be need to provide on-site parking. Third, and possibly most significant, the physical features of the site result in fragmentation of the usable areas. As a result, the overall development of the site could be disjointed in terms of how the various uses relate to each other physically. Opportunities to create links between physically separated uses may be limited. ► The analysis concludes that one or some of the proposed central park uses could be accommodated, but more land will be necessary to incorporate all the uses in this area. The task force believes that a "central park" intended for community- wide use should incorporate a variety of uses and facilities in a cohesive manner. Preservation of the natural features of the proposed park area can be achieved through the City's existing regulations (e.g. tree preservation, wetland preservation, slope protection). As such, the area could continue to function as an informal passive open space. The task force offers the following recommendations: A "central park" will be a community -wide facility. Therefore, input should be obtained from a broad group regarding what facilities such a park should include and where it should be located. A 'special task force could be established with representation from the elected and appointed officials (Council, APC, APRNRC, EDC), local civic, business and service organizations, and the general public. It was noted that the APRNRC has informally begun to look at the issues relative to development of a "central park". ► While this 20 acre site does not appear suitable for a "central park", there may be other sites that would work. Because Eagan is approaching build -out, few large parcels of land remain that would be suitable for a central park. The task force suggests that some urgency is warranted and that a pro -active stance should be taken to identify and evaluate potentially suitable sites. However, before a legitimate site evaluation can occur, a clear program of the uses and facilities desired for such a park must be defined. Staff have also met with representatives of Lockheed Martin and Unisys to discuss their willingness to allow joint use of their parking lots and some open areas to accommodate community -wide events such as the July 4th celebration. Both expressed a willingness to work with the City to establish a calendar of events that would involve joint use. They also expressed concerns about security if the general public is allowed open access to their properties. Establishing a set calendar of events would allow them to plan ahead for extra security personnel and to take other measures to minimize security concerns. Due to scheduling conflicts, staff was unable to meet with Northwest earlier, however, we are scheduled to meet on Oct. 31. As such, staff can report on their response at the City Council meeting. Relying on joint use of parking and open space could pose some complications for scheduling as is may be difficult to arrange spontaneous events. In addition, if the surrounding properties change ownership or management, willingness to allow joint use could also change. 133 AUG -28-96 WED 03:45 PM SIEGEL BRILL GREUPNER FAX NO, 6123396591 P102 LAw orrlces SIEGEL, BRILL, GREUPNER & DUFFY, P.A. 1300 WASHINGTON SOUARE JOSIAN A. @RILL. JR. ICO WASMINWON AVENUE SOUTH JAMES R. GREWPTtCq JORDAN M. LeW15 S. OIJFPY MINNEAPOL.JS MINNESOTAS$4o1 1 BRIAN E. WEISSERG WOOD WOODS , ROSEMARY C. TUGHY M. ANJR. THOMAS M. GOODMAN $40O TELEPHONE (&2) 3397131 MICHELLE R. KLEOON JON 14S. WATSON TELECOPIER (612) 3,q"591 PHILIP �. OANeN WM. CHRISTOPHER PENWELL JAMES A. YAROSN SUSAN M. VOIG* 9R1871 L. CARLSON ANIHUNT J. 13LLLKILL JOEL H. JENSEN Wi telis VOIoemil Numb= 335.4151 OP COUNSEL SHERRI L. RONLF RIQFiARO i1GCCl R-96% August 28, 1996 VIA FACSII1 LE - 681-4612 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Scenic Enterprises, Inc. Application for a Comprehensive Plan Amendment ("Application") for z.ot 2, Block 1, Unysis Park 2nd Addition ("Property") Our File No. 19,540 -AG Dear Mr. Hedges: John Voss advised me that the City of Eagan City Council ("Council") discussed Scenic Enterprises, Inc. Is Application at its work study session on Monday, August 26, 1996. I understand that the Council discussed the proposal to convene a task force ("Task Force") to stuffy locating a park on a portion of the Property. in a continuing effort to work with the City in order to achieve the most beneficial development of the Property, Scenic consents to the tabling of its Application, which is scheduled to be heard by the Council at its September 3, 1996 meeting, until on or before October 15, 1996. The extension will allow the City to convene the Task Force. Scenic is interested in being represented on the Task Force. It is my understanding that the recommendation to convene the Task Force will be discussed at the September 3 Council meeting. I will be present at that meeting to answer any questions. If the Council decides not to convene the Task Force, I request that Scenic's Application be placed on the next Council agenda. 13� 6123396591 08-28-96 03:48PM P002 #25 AUG -29-96 WED 03:46 PM August 28, 1996 PagQ 2 SIEGEL BRILL GREUPNER FAX NO. 6123396591 I look forward to working with you on this matter. Very t ly yours, Anthony J. Gleekel AJG : mkf cc: John Hohenstein (Via Facsimile - 681-4612) Julie Farnham (Via Facsimile - 681-4612) John Voss (Regular Mail) Joseph Miller (Regular Mail) / 3s P. 03 R-96% 6123396591 08-28-96 03:48PM P003 #25 OCT -11-96 FRI 1304 SIEGEL, BRILL FAX NO. 612 339 6591 LAW OFFICES SIEGEL, BRILL, GREUPNER & DUFFY, P.A. JOSIAH a. 6041". JR. JAMS/ R. G0CUPNER OERALD •. curry WOOD R. POSTER1 JR. THOMAS M. GOODMAN JOHN a. WATSON WM. CHRISTOPNER PENWELL SUDAN M. VOIOT ANTHONY J. OLECKEL JOEL H.JENWEN 1300 WASHINGTON IiQUARE 100 WASHINGTON AVENVK LOUTH MINNEAPQLIS, MINNESOTA55401 TELEPHONE (Waal 370-7131 TELECOPIER fiaa)37aWi91 Wiltiret Vok meg Number. 335-41$1 October 11, 1996 VIA F2kC8=XLE - 681-4612 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 P. 02 WHERIII L. RpHLr JORDAN.M. Lewis ORIAN C. WMANERG AOIEM#Y C. TUO11T MICHELE R. KLEOON JAMES A. YAR0811 914STI LI CARLSON OP COU 6EL 11064 A$ SICGV, Re: scenic Enterprises, Inc. Application for a Comprehensive Plan Amendment (11Application") for Lot 2, Block 1, Unysis Park 2nd Addition ("Property") Our File No. 19,540 -AG Dear Mr. Hedges: John Voss advised ne that the Task Force studying the potential park on a portion of Scenic -*s property has made progress, but needs more time. As such, Scenic Enterprises, Inc. agrees to a continuance of the public hearing on its Application from October 15, 1996, to the City Councilts November 4, 1996, meeting. If you have any questions, please contact either me or John Voss. I hope all is well. Very truly yours, Arlthon J.*Gekel AJG:lar cc: Julie Farnham (Via Facsimile - 681-4612) 1310 R-98% 612 339-6591 10-11-96 01:09PM P002 #46 Lockheed Martin Tactical Defense Systems P.O. Bos 67525 St. Paul. MA 55164-0525 LOCKHEED MARTI�IJ October 23, 1996 Julie Farnum Planning City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Julie, Thank you for taking the time to meet v.itl. me to discuss the concept of a city park in the area adjacent to our operations. While I understand the concept definition process is ongoing, the range of optional uses of the property as a park area seems to be superior to the plan developed by Scenic Enterprise. At our meeting, you asked whether our company would be willing to allow the use of our parking lots for major events. As I indicated to you, we would need to establish an agreement on insurance liability, that the city would be responsible for parking lot patrol during events and clean-up after the events. It is our assumption that the city would coordinate the scheduling of the events (if our parking lots were to be used) to be during our non -working hours, i.e. weekends, holidays, and evenings. On at least an annual basis, we would discuss the schedule with the city before it is finalized. As I indicated during our phone conversation, we assume that on -park site parking would be provided for daily or normal use of the park and that we would not be able to accommodate this type of daily traffic in our lots. Also as I indicated in our phone conversation, we are still concerned about the impact of the proposed "Ring Road" on operations. While I understand your statement that any development on the adjacent property might precipitate the construction of the roadway, we hope you understand that we see no benefit to our operations from the road's construction and do not want to have any net loss of usable property as a result of the road's construction. The idea put forward by Scenic to have the entire roadway on our property rather than theirs is unacceptable. Hopefully, this letter provides the clarification you need to discuss our points of view with other city staff and the council. Sincerely, Tom Lindquist Director, Communications /3% NOV-01-1996 11:41 FROM NWA AIRPOR AFFAIRS NORTHWEST A I R L I N 1 3 Depurtmcnt Number A1135 Northwest Airlines, Inc 5101 Northwest Drive .St, Paul MN 53111-8054 vfA FAX 681-612 November 1,'1996 Mr. Kenneth L Vraa Director of Parks 8 Recreation CITY OF EAGAN 3630 Pilot Knob Road Eagan, MN 55121 RE: Proposed park and residential development for portion of the Unisys Park owned by Joe Miller in Eagan, MN Dear Ken: 96814612 P.01 Thank you again far taking the time to meet with Doug Swenson and me to discuss the above - referenced matter. As we indicated, Northwest Airlines is very much in favor of the idea of developing a portion or the area owned by Joe Miller in the Unisys Office Park as an urian park. Such a use would be beneficial to the Eagan community as well as the corporations residing in the Unisys Park Northwest Airlines, however, cannot support the proposal to use the remainder of this area for residential development. As we discussed, our primary objection to residential development is that the Unisys Park is currently zoned for and has been developed by large corporate users. Since we have similar objectives and "speak the same language" we are very compatible working alongside one another. Bringing in a residential development would upset this balance. There would be many voices with many different objectives for this area which could adversely Impact the operations of Northwest Airlines, Unisys and Lockheed. In addition, this site is the last large tract of land available in Eagan for corporate development, Rather than open up a potential Pandora's box of problems by allowing residential devebpment, Northwest Airlines would Ike to strongly suggest that this land retain its current zoning and be saved for a large corporate user. Should you have any questions or comments, please do not hesitate to contact me at the direct dial number listed below, Sltloerely, Y W. Oorpomte Real Estate nd 'rport Affairs 6 6.7305 FAX: 612/7266599 JWS/cap CP71012 R-95% Moa►ewRsx 135 TOTAL P.01 6127276041 11-01-96 12:36PM P001 #50 Agenda Information Memo November 4, 1996 Eagan City Council Meeting C. AMENDMENT TO THE EAGAN PROMENADE PRELIMINARY PLANNED DEVELOPMENT - OPUS NORTHWEST, L.L.C. ACTION TO BE CONSIDERED: To recommend approval or denial of an Amendment to the Eagan Promenade Preliminary Planned Development for Lot 8, Block 2, Eagan Promenade (Phase 2, in-line center). FACTS: ► Opus is requesting an Amendment to the Eagan Promenade Preliminary Planned Development to allow construction of a storefront in Phase 2 of the in-line center that is not consistent with the approved plans and design guidelines. ► Phase 2 of the Eagan Promenade in-line center consists of three storefronts including T.J. Maxx, Old Navy, with the third not specified yet. ► The signage size and materials proposed for the Old Navy storefront deviate from the elevations and written design guidelines in the Preliminary PD Agreement which calls for individual sign letters, with a maximum height of 6 feet, to be mounted on the synthetic stucco areas of the facade. ► The proposed Old Navy storefront includes sign letters mounted on a multi -paned translucent material designed to appear like an old warehouse window. The window area will be back lit. A smaller row of letters will be mounted on a canopy that protrudes over the store entrance. The proposed letter height (both lines) is 6'-7"which is taller than allowed under the sign guidelines. In addition, the facade parapet is curved rather than peaked or flat like the other storefronts in the center. ► The APC held a public hearing on this request at their regular meeting on October 22, 1996 and recommends, on a 4-2 vote, approval of the amendment subject to the conditions listed in the APC minutes. ISSUES: Staffs primary concern is that this storefront will be the only one with different materials. Some APC members expressed concern that Opus continues to request amendments to the Preliminary PD Agreement which deviate from the original concept presented. BACKGROUND/ATTACHMENTS: ► Minutes of October 22, 1996 APC meeting, pages 140 through ► Staff report, pages Y$- / through Z. 13 q Page 23 October 22, 1996 ADVISORY PLANNING CON IISSION PLANNED DEVELOPMENT AMENDMENT OPUS NORTHWEST, L.L.C. Chairman Miller opened the next public hearing of the evening regarding an Amendment to the Eagan Promenade Preliminary Planned Development to allow a deviation from the building elevation and signage requirements stipulated in the Preliminary Planned Development Agreement for Phase 2 of the main shopping center, Lot 8, Block 2, Eagan Promenade, located on Promenade Place west of Promenade Avenue in the SE'/4 of Section 10. Planner Farnham introduced these items. Ms. Farnham highlighted the information presented in the City staffs planning report dated October 17, 1996. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant's representative briefly outlined the applicant's amendment request presenting photographs of the prototype logo requested by Old Navy Clothing Company, Member Heyl noted that the requested amendment is generally consistent with the plan for the Promenade development. However, Member Heyl and Chairman Miller stated that the applicant should be required to live up to its original agreement to provide for consistency. Member Segal moved, Member Schindle seconded, a motion to recommend approval of an Amendment to the Eagan Promenade Preliminary Planned Development to allow a deviation from the building elevation and signage requirements stipulated in the Preliminary Planned Development Agreement for Phase 2 of the main shopping center, Lot 8, Block 2, Eagan Promenade, located on Promenade Place west of Promenade Avenue in the SEI/4 of Section 10, subject to the following conditions: 1. All rooftop mechanical equipment shall be screened from view. 2. The Building Elevations drawing shall be revised to include a specification for the proposed awnings. All approved in favor, except Member Heyl and Chairman Miller opposed. HYD PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 1996 APPLICANT: Opus Northwest, L.L.C. PROPERTY OWNER: Opus CASE #: 10-RZ-20-10-96 HEARING DATE: Oct. 22, 1996 PREPARED BY: Julie Farnham REQUEST: Amendment to Preliminary Planned Development LOCATION: Lot 8, Block 2, Eagan Promenade COMPREHENSIVE PLAN: CA Central Area ZONING: PD Planned Development SUMMARY OF RE UEST Opus Northwest, L.L.C. is requesting an Amendment to the Eagan Promenade Preliminary Planned Development to allow construction of a storefront in Phase 2 of the in-line center that is not consistent with the approved plans in the Preliminary Planned Development Agreement. The proposed storefront will be located on Lot 8, Block 2, Eagan Promenade. AUTHORITY FOR REVIEW The Preliminary Planned Development Agreement for Eagan Promenade, approved April 8, 1996, sets forth the requirements for development of individual lots within Eagan Promenade. Section H of the Agreement, entitled General Provisions, states "Each Lot Owner agrees that development of its Lot shall be subject to*the development conditions for approval of a final planned development plan as the same may effect development on each respective Lot." The Agreement stipulates development conditions to guide final development plans. If final development plans substantially comply with the Agreement, a Final Planned Development Agreement can go directly to the City Council for approval. Plans that substantially deviate from the development conditions require an amendment to the Preliminary Planned Development Agreement which requires a public hearing before the Advisory Planning Commission and approval by the City Council. If an amendment is approved, the Final Planned Development Agreement can then be forwarded to the City Council for approval. BACKGROUND/HISTORY The applicant's proposal for an Old Navy store in Phase 2 of the in-line center was initially / Y / Planning Report - Eagan Promenade Phase 2 October 22, 1996 Page 2 submitted as a Final Planned Development. However, staff believes the proposed materials and signage on the elevation are inconsistent with the approved plans in the Preliminary Planned Development Agreement. In addition, the approved preliminary plans provided for two storefronts with a total area of 88,732 s.f. This proposal consists of three storefronts with a total area of 65,657 s.f. The Preliminary PD Agreement provides flexibility to reduce the size, so long as the development remains in substantial conformity with the architectural concept of the master plans. EXISTING CONDITIONS Phase 2 of the Eagan Promenade in-line center consists of three storefronts located at the east end of the center. The Phase 2 structure will attach to the Phase 1 in-line center which is currently under construction. The parking lot and access road (Promenade Ave.) are also under construction as part of Phase 1. SURROUNDING USES The following existing or proposed uses, zoning, and comprehensive guide plan designations surround the subject property: North - Undeveloped, ponding area, proposed retail buildings; zoned PD; guided CA South - Parking lot, restaurants; zoned PD; guided CA East - Townhome development (Healey Ramme); zoned PD; guided CA West - Eagan Promenade in-line center (Phase 1); zoned PD; guided CA EVALUATION OF REQUEST Phase 2 of the Eagan Promenade in-line center consists of three storefronts. Two of the storefronts have proposed tenants including T.J. Maxx and Old Navy. A tenant for the third storefront has not been identified. The signage size and materials proposed for the Old Navy storefront deviate from the elevations and written design guidelines in the Preliminary Planned Development Areement. Those documents indicate that storefront signage will be located on the E.I.F.S. (synthetic stucco) areas of the facade which are smooth, opaque and light in color. Individual, internally illuminated sign letters should be attached to the E.I.F.S. The signage guidelines also stipulate that the sign letters should not exceed 6 feet in height. The letter height applies to the total sum of all lines of text, excluding the space between lines. The proposed Old Navy storefront includes a multi -paned translucent material designed to appear like an old warehouse window. The facade parapet is curved, rather than peaked or flat like the other storefronts in the center. Individual sign letters - "Old Navy" - are placed on this background which is illuminated from behind. A second, smaller row of letters - "Clothing Co." Planning Report - Eagan Promenade Phase 2 October 22, 1996 Page 3 - is attached to a curved canopy that protrudes over the store entrance. This gives the sign a 3-D effect. The proposed letter height totals 6'-7" ("Old Navy" = S feet; "Clothing Co." = 1'-7") which is 7 inches taller than allowed under the signage guidelines. The overall sign area proposed in less than the 15% facade area allowed. The primary deviation from the Preliminary Planned Development Agreement is the materials proposed for the signage area on the Old Navy storefront. In addition, the proposed letter height is slightly larger than allowed under the signage guidelines. Staffs primary concern is that this storefront will be the only one that uses different materials. However, staff acknowledges that the proposed Old Navy sign may provide unique visual interest to the overall in-line center facade without detracting from the overall visual unity of the in-line center. Because this storefront is not consistent with the elevations in the approved Preliminary PD, staff did not feel they had the authority to administratively approve this deviation. The other two storefronts in the proposed Phase 2 are consistent with the Preliminary PD Agreement. All other aspects of the plan, including landscaping, lighting, trash/recycling enclosures, parking/access, grading, etc. are also consistent with the Preliminary PD. SUMMARY/CONCLUSIONS The storefront signage for the proposed Old Navy store deviates from the materials stipulated in the Preliminary PD Agreement. Staffs primary concern is that the proposed storefront would be unique to the in-line center in terms of materials. Staff acknowledges that the impact of the unique storefront on the overall design unity of the center is somewhat subjective. On one hand it could be viewed as adding visual interest in a fairly discreet manner, or it could be viewed as creating a visual focal point that detracts from the balance and unity of the in-line center facade. If the amendment is approved, the attached plans would be used as the basis for the Final Planned Development for this lot. A Final Planned Development Agreement would then be drafted for review and approval by the City Council. The Final Planned Development Agreement should include the following plans: * Final Site Plan * Final Building Elevations and Signage Plan * Final Landscape Plan • Final Lighting Plan The proposed site plan will achieve Final Planned Development status when it has been reviewed and approved by the City Council. /Y3 Planning Report - Eagan Promenade Phase 2 October 22, 1996 Page 4 ACTION TO BE CONSIDERED A. To recommend approval or denial of the proposed Amendment to the Preliminary Planned Development for Lot 8, Block 2 Eagan Promenade. If this amendment is approved, it shall be subject to the following conditions: 1. All rooftop mechanical equipment shall be screened from view. 2. The Building Elevations drawing shall be revised to include a specification for the proposed awnings. ::i S.00:IIto] 101'lr:l0 �r ii' s =f_ F] Eagan Promenade of EWr, Case No. 10-RZ-20-10-96 Zoning Map Current Zoning PD Planned Development N soo o sao 1000 peer 7 City of Eagan Com nunity Develop ml Department Eagan Promenade Case No. 10-RZ-20-10-96 Comprehensive Plan Map Guide Plan Designation CA Central Area City of Eagan Corrmn4 Development Department w •t en aw �� a� fnf ....... ,S'IdO� •••^�I ;+; rR•i `VNIIHJII - NVId 3115 �.�+n�...s.to®.� ewsrrnmwNy-� �.�•'� ..:."•�.'. Z 33VFId - v1053NNm 'N"V3 I'r l 3SVMd - 30VNiMObcI NVOV3 ... .... CL L ------------ Oi v �o Ii 'C �? a�lt.aµ o - T ---- ------ ---- -- -- ------ --- ----------------------- g I III I I A I' I� I IH —L r�ee1 � � rt 1, 1 0 0 I In HH ri z rn 0 m m C-) Es CU Cm I ao-n•rn v wnycrm 4T^ ....... I V� , r 1 CD F 6 'VB '9 SINVN31 In'�.v vane.71140, .n.oa co ,....... wcv NVId 21001 .�.�, .71, 2�++..�.... n -.sl ...�...... R1O53NNIn 'NYOY3 �d Hill '". .. Z 35VHd - 3OVN3WOHd IMV- a 1 ... ., L /Y9 4T^ j'f V� , r 1 CD F co Hill a 1 i LU i LU U W t ter t 1A yj A A [ t A A w SAS Hill P)Z-vCVA NOIIVA313 801M31X3 w •..M l � .•w...+p . J «-n .:p .. ......... v1OS3NN1m 'HYDV3 ud « BOVP pyOyd NVDV3 16-0 G a t Agenda Information Memo November 4, 1996 D. Preliminary Subdivision and Planned Development Amendment - Duckwood Bluff Second Addition, CSM Corporation ACTION TO BE CONSIDERED: To approve or deny a Preliminary Subdivision (Duckwood Bluff Second Addition) to replat Lot 1, Block 1, Duckwood Bluff into two lots, subject to the conditions listed in the October 22, 1996, Advisory Planning Commission minutes. To approve or deny a Planned Development Amendment to allow two 35 foot pylon signs, subject to the conditions listed in the October 22, 1996, Advisory Planning Commission minutes. FACTS: In May of 1996, the City Council approved a Subdivision and Planned Development consisting of a three-story, 105 -room hotel and a Class I restaurant, possibly with on -sale liquor. The Subdivision consisted of a single lot. The Planned Development included two buildings located on the one lot and a single shared pylon sign 27 feet in height to be located on the west side of the property. The proposed Preliminary Subdivision replats the existing lot into two lots so that the hotel and restaurant will be constructed on separate lots. No other changes to the site layout or the approved plans are proposed. The proposed Planned Development Amendment includes deviations from typical Sign Code requirements for height, spacing and location. The proposed signs are 35 feet in height instead of the standard 27 feet. Both signs would be located on the west side of the property adjacent to I -35E, and are proposed to be spaced 150 feet apart from each other and from the existing Eagan Medical Clinic sign. ► The APC conducted a public hearing on this proposal at its regular meeting on October 22, 1996, and recommends approval of the Preliminary Subdivision subject to the conditions outlined in the APC minutes, and denial of the Planned Development Amendment. ISSUES: While the APC believed the 35 foot tall sign was needed for visibility, they did not believe the applicant had shown a need for two signs on the site. BACKGROUND/ATTACHMENTS: APC minutes of October 22, 1996, pages 1�3through Staff report, pages /55'ihroug h �. Page 24 October 22, 1996 ADVISORY PLANNING CONIlvIISSION PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION - CSM CORPORATION Chairman Miller opened the next public hearing of the evening regarding a Planned Development Amendment to allow two 35 foot tall pylon signs and a Preliminary Subdivision (Duckwood Bluff Second Addition) to create two lots currently legally described as Lot 1, Block 1, Duckwood Bluff located east of I -35E, south of Duckwood Drive and west of Crestridge Drive in the SE1/4 of Section 16. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated October 16, 1996. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Steve Dubbs, a representative of the applicant, presented overlay photographs showing the sign elevations at 27 feet and 35 feet at its proposed locations. Mr. Dubbs conceded that there is availability for the 300 -foot interval requirement but that the proposed site of the signs is to address the need of visibility and to avoid being too close to the adjacent residential area. Mr. Dubbs further stated that the restaurant proposed to go in on the site has a site selection requirement that it have its own pylon sign. Mr. Dubbs further noted that even though the pylon sign will be 35 feet, it will be level with other pylon signs in the area because it sits at a lower elevation. A resident who did not identify herself, stated that the developer keeps changing its request for the site and that it should have been aware of the pylon sign issue at the time of its first request. In response to the resident's question, Chairman Miller stated that there are many pylon signs within the City which are greater than 27 feet and noted that the Town Centre sign is 35 feet. Mr. Dubbs stated that the applicant is sensitive to the visual impact of the pylon sign on the neighbors and is its reason for requesting the specific site for the restaurant pylon sign. Member Heyl stated that if a site is to have a pylon sign, it must be functional for the site but at the same time protect any negative impacts to surrounding residential areas. She further stated that there is no need for a second sign on the site as was approved for the Green Mill location because the subject site is right off the exit. Member Frank moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Duckwood Bluff Second Addition) to create two lots currently legally described as Lot 1, Block 1, Duckwood Bluff located east of I -35E, south of Duckwood Drive and west of Crestridge Drive in the SEI/4 of Section 16 subject to the following conditions: /S3 Page 25 October 22, 1996 ADVISORY PLANNING CON MSSION Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993): B 1, B2, B4, C 1, C2, D 1, E 1, and H 1. Easements/RiL,fits of Warr/Permits 2. Cross easements for ingress and egress between Lots 1 and 2 shall be executed to ensure that internal circulation between the two lots is maintained. 3. The property shall be platted. All approved in favor. With respect to the request for a planned development amendment, Chairman Miller stated that it is the City's vision to protect the I -35E corridor from being a sea of signs. Member Heyl moved, Member Segal seconded, a motion to recommend denial of the Planned Development Amendment to allow two 35 foot tall pylon signs on each lot on the grounds that the applicant has made no showing of a need for a second sign for the site. City Attorney Dougherty suggested to the Commission that it may move to recommend approval of a planned development amendment to allow one, two -use sign at 35 feet. Member Heyl stated that she would make an amendment to her motion to allow one, two -use pylon sign at 35 feet. The applicant's representative, Steve Dubbs, stated that even with a two -use, stacked pylon sign at 35 feet, the lower sign would still be at 27 feet with no visibility. Mr. Dubbs stated that if one pylon sign was to be used, the sign would need to be at 45 feet to allow visibility for the lower sign. Based on Mr. Dubbs' statement, Member Heyl withdrew her amendment to her original motion and the Commission voted on the original motion to recommend denial of the Planned Development Amendment to allow two 35 foot tall pylon signs on each lot. All approved in favor. ,sy PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 1996 APPLICANT: CSM Corporation PROPERTY OWNER: CSM Lodging, L.L.0 CASE: 16 -PP -19-9-96 HEARING DATE: October 22, 1996 PREPARED BY: Pamela Dudziak REQUEST: Planned Development Amendment APPLICATION DATE: Preliminary Subdivision (Duckwood Bluff Second Addition) LOCATION: East of I -35E, south of Duckwood Drive, and west of Crestridge Drive COMPREHENSIVE PLAN: CA, Central Area ZONING: PD, Planned Development CSM Corporation is requesting approval of a Preliminary Subdivision consisting of replatting Lot 1, Block 1, Duckwood Bluff into two lots for 9.8 acres located east of I -35E, south of the Eagan Medical Clinic, west of Crestridge Drive, and north of Pondview Townhomes and a Planned Development Amendment to allow two 35 foot pylon signs. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the - Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. 1515- Planning Report - CSM Corporation October 22, 1996 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. In May of this year, the City Council approved a Planned Development for this property consisting of a three-story Fairfield Inn hotel with 105 rooms, and a Class I restaurant (possibly with on -sale liquor) of approximately .6,100 square feet. At that time, the property was platted as a single lot with both buildings to be constructed on the one lot. A single shared pylon sign 27 feet in height and located on the west side of the property was approved with the Planned Development. Construction of the hotel is currently under way, but CSM has found the single lot and shared pylon sign to be stumbling blocks for restaurants interested in this site. Additionally, after further study of the approved sign and location, CSM has found the approved 27 foot pylon sign to provide insufficient visibility from I -35E because of the topography. /S6 Planning Report - CSM Corporation October 22, 1996 Page 3 The site has been graded and the hotel is currently under construction. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Eagan Medical Clinic South - Pondview Townhomes East - Chili's/Wendy's West - I -35E j cwt - The approved site design and development proposal does not change with this subdivision request. The subdivision provides for the hotel and restaurant to be on separate lots. Lot 1 is proposed to be 1.4 acres in size with 206 feet of frontage on Crestridge Drive. Lot 2 is proposed to be 8.4 acres in size, 4.6 acres of which is ponding easement. Lot 2 has 185 feet of frontage on Crestridge Drive. Setbacks - Standard commercial setbacks are satisfied, except in the parking area where internal circulation between lots is provided consistent with the previously approved plans. Landscaping - No changes to the approved landscape plan are proposed. Grading/ Wetlands - No changes are proposed to the approved grading plans and the subdivision will not impact wetlands. Storm Drainage - No changes to the approved storm drainage plans are proposed. Utilities - No changes to the utilities are proposed to the approved utility plans. Access/Street Desian - As provided by the original site plan, each lot will have a separate driveway access to Crestridge Drive. The location of the driveways has not changed from what was previously approved. In keeping with the approved plans, internal circulation between the two lots is provided. As noted in the previous application report, the developer should be aware of potential street improvements in this area. The Central Area Transportation Plan and the Ring Road concept provide for a westerly extension of Duckwood Drive and a proposed future interchange with I - 35E. It should be noted that the intersection of Duckwood Drive and Crestridge Drive may be restricted in the future to a right in/right out movement only because of the necessity to construct IS% Planning Report - CSM Corporation October 22, 1996 Page 4 a raised center median along Duckwood Drive from Pilot Knob Road to the proposed new northbound exit ramp. Easements/Rights of Way/Permits - Cross easements for ingress and egress should be executed to ensure that internal circulation between the two lots is maintained. Tree Preservation - Tree preservation is not affected by this proposed subdivision. Parks and Recreation - Park dedication requirements have already been satisfied for both proposed lots. Planned Development Amendment: The proposed amendment to the Planned Development consists of deviations from standard Sign Code requirements spacing, location and height. Two pylon signs are proposed instead of one, and the height of the pylon signs is proposed to increase to 35 feet instead of the standard 27 feet. The applicant's reasons for these changes are that restaurants interested in this site want their own pylon sign, and the 27 foot height provides insufficient visibility from I -35E. Spacing and Location - The approved Planned Development provided for a single pylon sign which met standard code requirements, 27 feet high and 125 square feet per side, located on the west side of the site adjacent to I -35E. This amendment proposes two pylon signs on Lot 2. The proposed sign locations result in a distance of 150 feet between the hotel sign and the restaurant sign, and the existing Eagan Medical Clinic pylon sign located just north of this site. With 661 feet of frontage abutting 1-35E, the signs could be located the required 300 feet apart, but the applicant desires to locate the signs closer to the buildings they identify and maximize the distance from the adjacent townhomes to the south. eielit - The applicant has requested a 35 foot height for the pylon sign because of the topography of this lot and the adjacent highway right-of-way. The elevation on this site is lower than the Eagan Medical Clinic site, and there is a tall berm along the east side of I -35E between the freeway and the property. The applicant's analysis indicates that the standard 27 foot sign would not be visible from I -35E northbound, and that the requested 35 foot height is the minimum which would provide the necessary visibility. In addition, because the Eagan Medical Clinic is at a higher elevation, the proposed 35 foot signs would appear consistent in height with the existing Eagan Medical Clinic sign. The proposed Subdivision satisfies standard commercial lot and setback requirements and does not impact the approved Planned Development. Ingress/egress easements between the two lots will need to be provided. /s8 Planning Report - CSM Corporation October 22, 1996 Page 5 The proposed sign amendments to the Planned Development include deviations from standard Code requirements in spacing, location and height. Spacing of 150 feet between signs and locating both signs on Lot 2 allows the signs to be evenly spaced from each other and from the existing Eagan Medical Clinic sign, while maintaining as much distance as possible from the neighboring townhomes to the south. The additional height request is necessitated by the topography of the property and adjacent right of way which makes a 27 foot sign ineffective from I -35E. FMN-1-CIND K-12 .11 WK110-3 11) Do A. To approve or deny a Preliminary Subdivision for Duckwood Bluff Second Addition consisting of two lots. Approval should be subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B4, Cl, C2, D1, El, and H1. 2. Cross easements for ingress and egress between Lots 1 and 2 shall be executed to ensure that internal circulation between the two lots is maintained. B. To approve or deny a Planned Development Amendment to allow two 35 foot high pylon signs. 1. The pylon signs shall not exceed 35 feet in height and shall be set back at least ten feet from the property line. 2. Each pylon sign shall not exceed 125 square feet in area per face. 3. The pylon signs shall be located on the west side of the property with a minimum of 150 feet between signs, as shown on the site plan dated July 3, 1996, last revised October 2, 1996. 15 9 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial ObI ations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of --way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 161 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication I. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other All subdivision,. zoning and other ordinances affecting this development shall* be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 ST STANANDARD.CON 16 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 FINANCIAL OBLIGATION - Duckwood Bluff Second Addition There are pay-off balances of special assessments totaling $31,745 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None 163 Ro 'M ;q • G �IIM1 ' i two;, !J — ww t _ � L•. �� irJ LrJ Lr,ILrJ LrJ raw ■�/a�^ Duckwood Bluff 2nd Addition Preliminary Subdivision and PC r mum - �� irJ LrJ Lr,ILrJ LrJ raw ■�/a�^ Duckwood Bluff 2nd Addition Preliminary Subdivision and PC r s)illi[•■1'Iewi• nI � '; ill./0 a nric BIM r � M � a ra. T' ent cvnmi ed Develo oil-IL AL iarra l�i s R *ow of Eog- Duckwood Bluff 2nd Addition Case No. 16 -PP -19-9-96 Comprehensive Plan Map Guide Plan Designation CA Central Area A �6 � City of Eagan Community Development Department ............ (� — 33 gE�� :n oil [ ;.•; ,- �• llllj lwl g SA g� ! s. 5 :aa n J a I I s - ' 2 'A •!/� = i r--------- � C.��,o.��::.�.� pct .� `C . I r I I it us \ r f '' I••403 y^ !1 i••f`I C1I it i � AlAr -�-- PRELIMINARY PLAT }Y 1! X33 t� i --n - t •� � � i . , Tf --M--� • � j e e 5 . � � � K� �•�lia d . i` l �. ad its ... ail ail Y 2 r uww •n � ._. � � • e . r I O sE aA > ii r 0 A in i c I ' � i••ln� z= i M 3� r 7i ppE� s T N .y SITE PLAN Z1.2 1 I 1 6J-0" 1 45 i=(e. ElEY,4TION _ $76W CGCUM. N e r-WN,OJ.T/ON... m J�2q S.ir. ca/zo*d 0686 ob8 008 I G i i' � cYQy�,svnd L_ =1,11 -1.1058=a SIGN ELEVATION cc -09-19°5 08:16 PCEaNA INC. %a?q S4 I � 1011, i -- i i 5 I V�,�Q11 SCAIe: 3/16" = l'-0- MZEgj�) PYLON ELEVATION1rwFA �w%wwX2103720/700 2191ludkwftt � 0`90 X 160--00 CMso—al" FAITFIELD SUITES aW a► AFFKW u. EA"N, mm 1-96.% /7/ 7 612 603 6"l crew• mm or W124-96/197 1 t NiP 110/2/96 8D1i seresw.�x a►Ys or MTPL Fl. = SIGN ELEVATION i I i [Z Z ts � r 0 ow _QooM�� 3 0 4 z - - _ r r• . t .,i y 7 -z 4 y 4 z - - _ r r• . t y 4 z - - _ r r• . t I Emmomm Agenda Information Memo November 4,1996 - Eagan City Council Meeting E. CITY CODE AMENDMENT TO CHAPTER 2 ENTITLED "ISSUANCE OF CITATIONS" ACTION TO BE CONSIDERED: To approve an amendment to the Eagan City Code Chapter 2, "Administration & General Government" by amending Section 2.38, Subd. C, "Issuance of Citations". ISSUE: The existing City Code provides for specific positions to issue a citation for violation of the City Code. The positions authorized to issue citations in Chapter 2 of the City Code should reflect the current job titles held in the Community Development Department. BACKGROUND/ ATTACHMENTS: (1) Draft Ordinance Amendment, page. DRAFT 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. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 2 is hereby amended by changing Section 2.38, Subd. 2, C. to read as follows: Subd. 2. The following City individuals may issue citations in lieu of arrest or continued detention for violation of the City Code. Areas of jurisdiction will be contained in City Policy as set forth in resolution form by the City Council. C. Gity Planner, Gernmunity Development Direeter, and Pfejeet Plannef.- Community Development Director, Senior Planner, Planner, Associate Planner, and Planning Aide. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: /�6 12-2 90 12:28PM FROM CITY OF EAGAN TO 94523829 P002/004 F"$;' $204 investigation (non-refundable) City of Eagan $50 license 3830 Pilot Knbb Rd I Ucetise Term: July 1 -,Tune SQ Eagerry MN 45122 1 CITY Of EAGAN 611-4600 APPLICATION FOR MASSAGE THERAPIST LICENSE ifox:4it-46t2 This form must be filled out by typewriter or by printing in ink by the sole owner' the individual seeking a massage therapist license. TR NAME• }•� '` /Cr B O ? C) First Full Middle Maiden/l.alst RES ENCS ADDBES9• `�? �Cl''{'s kA A! Ste City $tatb%ip RESIDENCE PHONE: ��l • 2227 ; L — BusnasS PHONE• BUSH -ESS NAME• " C` ilni� BUS ADDRESS• ? 7) -7 -� fr �, -t ", '•� ; t J % street City StateJZi P 1. b the applicant licensed in any other community? Yew_ No If yes, where• _ 2. + Has the applicant been denied a massage therapist license by any licensing authority? Yes No i It Yea. dercribe: 8. Each applicant for a massage therapist license Mall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similsir reputable massage association; or i b. A diploma or certificate of graduation from a school which is either accredited by a recognized j educational accrediting ayaociation or agency, or is licensed by the state or local government agency i having jurisdiction over the school. t e^ A certificate of National Certification for Therapeutic massage and Body Work by the -National Certification Board of Therapeutic Massage and Body Work, an affiliateof American Massage Therapy AsAcxiation: i 4. U you have ever used or been known by aflame or names other than the true name given above, Iist such 1 name(s) and information concerning dates and places used. Front andsideviewphotographe must beprovided. b• Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & street „City & State Dates 2,4 6. ;Occupation history for preceding five years. (begin with present or most recent.) I �13Dation Employer or Neuse of Business AddrLis " to L i ess CitylStatelZip Length of Employment i i 12-29-95 7. 8. 8.95 12:28PM FROM CITY OF EAGAN Occupation Address City/Ststavp Occupattion p *Attach a ditoncd sheets If n*cessary TO 94523829 00 P003/004 Employer or Name of Businssa ;tZ Length of Employment er or Name a� Business 19 `9 Length of Eniployment ;Haon ever been convicted of any felony. crime cr violation of any ordinance, other than trafi'ie7 Yee No veV Yes, give information as to the time. plaoe and offense far which rm.. ctions were had; List the names, residences. and business addresses of three people. (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business. who may be contacted as to the applicant's character: Name4 c c Phone 4 afl" -7-�2L, Address - Business Address - lvatrse 7 -( ^� Phone . X Address - l L/ Busir*se Address Name r"I? -`-�` � �• �,;-�, .�J , Phone ` Address �� •ry /- z,I (l' (gyp <-z Business Address Date: `-10—CjI � ;gnature of Applicant CONFIDENTIAL SETTLEMENT AGREEMENT This Confidential Settlement Agreement ("Agreement") is made by and between the City of St. Paul ("City") and the party identified on the attached Signature Page ("Settler"). RECITALS WHEREAS, City has made certain hereinafter -defined claims against Settler for costs incurred by City relating to the investigation and remediation of 141 Water Street, St. Paul, Minnesota ("Site"); and WHEREAS, Settler denies that it has any liability to City; and WHEREAS, City and Settler desire to settle, fully and completely, the claims between them as hereinafter specified; and WHEREAS, to avoid the expense of litigation and to resolve, to the extent set forth herein, the claims between them relating to the Site, City and Settler enter into this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency -of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The recitals set forth above are true and correct and are hereby made a part of this Agreement. 2. Certain Defined Terms. Each capitalized term used herein shall have the following meanings (and, as the text may require, such meanings shall be applicable to both the singular and the plural form of the terms defined): s "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, st seg. "MERLA" means the Minnesota Environmental Response and Liability Act, Minn. Stat. § 115B.01, et seg. "Claimant" means the City of St. Paul. "City's Claim" means any and all claims, demands, actions, causes of action, or suit in law or in equity, of whatsoever kind or nature, which could be asserted by Claimant, whether known or unknown, anticipated or unanticipated, expected or unexpected, for costs, damages or expenses which have been incurred or may be incurred in the future toward the investigation and remediation of the Site, including, but not limited to, claims under CERCLA, MERLA and the common law. "Effective Date" means the date on which the last party hereto executes this Agreement. "Person or Entity" means any natural person, firm, corporation, association, partnership, joint venture or commercial entity. "Settler" means only the person or entity identified on the attached Signature Page and its officers, directors and employees acting in their capacity as such. 3. Settlement Payment. (a) Amount and Timing. Settler shall pay to the City the sum identified on the attached Signature Page ("Settlement OIA Amount") simultaneously with the Settler's return of the Signature Page to the City. (b) Less than Full Compensation. The settlement payment by Settler as set forth in paragraph 3(a) above is not intended as full compensation for City's Claim or other damages which it has sustained relating to the Site. City expressly reserves the right to seek full compensation for its claimed damages against any other Person or Entity not a party to this Agreement. 4. Releases/Covenants Not to Sue. (a) Settler's Release Obligations. In mutual consideration, Settler hereby agrees to fully and forever release and discharge and covenants not to sue the City and/or any other Person or Entity for contractual, common law or statutory indemnification or contribution (including those arising under CERCLA, MERLA and/or similar federal and state statutes, regulations and laws) arising out of, in consequence of, or on account of the release or threatened release of hazardous substances or other contaminates on or from the Site, as alleged by the City in its claims herein. (b) The City's Pierringer Release Obligations. In consideration of the obligations set forth herein, City agrees as follows: (i) Subject to subparts (ii) and (iii) herein, City hereby fully and forever releases and discharges and covenants not to sue Settler, its administrators, agents, executors, employees, directors, officers and representatives, as well as its heirs, successors and assigns, from all claims, demand, damages, actions, 3 rights of action of whatever kind and nature, including any and all claims for contractual, common law, or statutory indemnification or contribution and any and all liability and responsibilities (including those arising under CERCLA, MERLA and/or similar federal and state statutes, regulations and laws), which City has or hereafter has against Settler arising out of, in consequence of, or on account of hazardous substances or other contaminates on or from the Site, as alleged by City in its claims herein or otherwise. (ii) In agreeing to release Settler, City releases and discharges that fraction, portion or percentage of the total cause of action or claims for damage City now has, or may hereafter possess, against Settler for the response costs alleged herein by City, which shall by trial or other disposition be determined to be the sum of the fractions, portions or percentages of contribution and responsibility or other conduct for which Settler hereby released is found to be liable to City as a consequence of the above-described incidents of releases or threatened releases of hazardous substances or other contaminants on or from the Site. City, by this Pierringer Release, intends to release only Settler, and desires to settle its claim against the Settler for liability arising out of the aforementioned contamination of the Site consistent with the method and form of settlement as set forth in Pierringer v. Honer, 21 Wisc. 2d 183, 124 N.W.2d 106 (1963), as approved in Frey v. Shelgrove, 269 N.W.2d 919 (1978). City expressly reserves the balance of any cause of action, or any other claim of whatever kind or nature not released herein, which City may have or hereafter have, against any other person, corporation, company, or other entity arising out of the aforementioned incidents of releases or threatened releases of hazardous substances or other contaminants on and from the Site. (iii) As a further consideration for this Agreement, City agrees to indemnify Settler released hereby, its administrators, agents, executors, employees, directors, officers and representatives, as well as its heirs, successors and assigns., and save and hold harmless and defend those parties from any contractual, statutory and/or common law claim for contribution or indemnity, or from any other claim of whatever kind or nature, arising out of the aforementioned incidents of releases or threatened releases of hazardous substances or other contaminants on and from the Site, made by others alleged to be jointly liable or severally liable with the party released hereby. City further agrees to satisfy any N judgment which may be rendered against the party released hereby, satisfying such fraction or portion or percentage of the amount of the judgment as liability may .be adjudged against the released party, as such judgment would have application to the Settler released hereby. All indemnification, hold -harmless and defense obligations assumed by City herein shall be litigated by City at its own expense, including incurred attorneys' fees and costs. (iv) Settler hereby understands that another battery supplier or arranger could name Settler as a defendant in the pending litigation. In said event, Settler agrees to cooperate with City, and the attorneys retained by City in this litigation, in responding to discovery requests and will appear for depositions and trial, if necessary. 5. Confidentiality. Settler and its counsel agree that they will keep strictly confidential the terms herein, including, but not limited to, the settlement amount paid in consideration for this Agreement and all correspondence between the parties relating to settlement, and will not disclose said terms to any person for any purpose, except solely as may be necessary to comply with auditing disclosure requirements, applicable tax or other laws, requests of or in cooperation with insurers, and/or court or administrative orders. 6. Governing Law. This Agreement will be construed with and enforce in accordance with the laws of the State of Minnesota. 7. Miscellaneous. (a) This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither this Agreement nor any of the rights, interests, or 5 obligations hereunder may be assigned by any party without the prior written consent of the other party. (b) This Agreement shall not be amended or modified, except in writing signed by all of the parties. No course of dealing by or between the parties shall be deemed to affect any such amendment or modification. (c) All headings and captions are only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (d) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. (e) All references to paragraphs, unless otherwise specified, refer to the named paragraph to this Agreement. 0 CONFIDENTIAL SETTLEMENT AGREEMENT SIGNATURE PAGE Name of Settling Party: CITY OF EAGAN Settlement Amount: $ 1,000.00 The parties hereby agree to the terms and conditions contained in the Confidential Settlement Agreement and to abide by the obligations and provisions set forth therein. The undersigned Settler hereby represents and warrants that he/she has been duly authorized to enter into this Agreement on behalf of the company, entity or person on whose behalf it is indicated that he/she is signing. BY: ON BEHALF OF CITY OF ST. PAUL: Warren E. Peterson, Attorney ID No. 86423 Peterson, Fram & Bergman, P.A. 50 E 5th St Ste 300 St Paul MN 55101-1197 Telephone: 612/ 291-8955 ON BEHALF OF SETTLER: Name of company/entity completing this form if different from above Typed name of authorized company/entity representative Signature of individual or authorized company/entity representative Title: Contact person or representative for future correspondence, with address Telephone number u\c\1\city\con-sig.pg Fax number .......... - - -- -- -- -------------- .................. .. ...... .................... .. ............... ; ............. .............. .. . . ..................................... .. .. ........................................... ..................... . Battery Shipper Quantity Date In/Out! Code Notes Entry No. Mode ... . ................. . ................................. . ................. ............. ....................... ----------- ........... .................. ................... ................... ............. .............. . ................. ................. ---- ----------- - - ,City of Eagan 820 10/30/78 in 99 106316 466 ........ . .......... . . ...... ... . ............ ............ ...................... . ............. ...... . ... . ...... ... .... .......... .... ....... -------------- ................... . .... ------------- - -- . . . .. .. .............. .......... . Total this report: 820 . .......... . .... . .................. ... ......................... . — . ........................ . ....... ......... ................ ...... .. ... . ......... ......... ................. ................... ....... Page 1 of 1 EXHIBIT__, J, Report date 09/16t96 U 3830 Pilot Knob Road Eagan, Mn 55122-1897 (612) 681-1600 City of Eagan Hauler Licensing Application 1,00v6'45 ALIPEYhereby make application for a Refuse/Recycling license for the year /9f % . Name City Address State Zip Telephone Business Name:4 CX/0,&- J0/ $01,054 L �Y9-&-sp ItiG N 1 x-,5- C- 66 ST Name Address 02 r 20 wa F-1&/6w7s ^-►y F1o City State Zip Telephone N'sunicipalities where presently licensed: LICENSE TYPE: (check all that apply) OResidential Dwelling* Required for haulers serving single family detached, duplex and four-plex units. Recycling and compost vehicles may be included in the residential rate, if operated by a single company. State, county, and city mandates require residential recycling opportunities be provided. �( -PAdditional requirements outlined in Hauling Ordinance as attached. 01%lultiple Dwelling/Commercial* Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. State, county, and city mandates require residential opportunities be provided for multi -family units. 4�Permits/encourages, but does not require commercial recycling. Construction/demolition debris %chicles may be included in multiple dwelling/commercial if operated by a single company. Additional requirements outlined in Hauling Ordinance as attached. AResidentlat Recycling Required for haulers performing residential recycling only for single family, duplex, four-plcx and multi- family residential. Applicable to independent firms, subcontractors, and licensed haulers. OConstruction/Demolition Debris 4PRequired for haulers or contractors using containers greater than four cubic yards. Additional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. @ $50 + @ $25 = TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: _&_ 3 TRvcle S of y'f�E y t,v E Hog vLc `./ c t: v s E9 or -0 e-1 996 /V 2 Fo 2 C -0N 5 N C/ C-71 MUST PROVIDE: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance ^h - g7Date of Expiration Rate Schedule *It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. 3830 Pilot Knob Road Eagan, Mn 55122-1897 (612) 681-4600 � City of Ragan ( Hauler Licensing Application I, Ww��hereby make application for a Refuse/Recycling license for the year 6e0t;P, P` T wti-7-tak t 37 s 7 7-+/- f Lj-e .o�` �oSM5 '137 rty State Zi Telephone Business Name: p(°Ul/ POIe"� Name ,!' ?U✓ 1_/3 City State ZipTelephone Municipalities where presently licensed: —FU b/L/7—To ^I f5,s,yA LICENSE TYPE: (check all that apply) OResidential Dwelling* Required for haulers serving single family detached, duplex and four-plex units. j�P]Zecycling and compost vehicles may be included in the residential rate, if operated by a single company. State, county, and city mandates require residential recycling opportunities be provided. Additional requirements outlined in Hauling Ordinance as attached. ©Multiple Dwelling/Commercial* Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. pState, county, and city mandates require residential opportunities be provided for multi -family units. ,;PPermits/encourages, but does not require commercial recycling. &PConstruction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. Additional requirements outlined in Ilauling Ordinance as attached. ©Residential Recycling &PRequired for haulers performing residential recycling only for single family, duplex, four-plex and multi- family residential. Applicable to independent firms, subcontractors, and licensed haulers. OConstruction/Demolition Debris QRequired for haulers or contractors using containers greater than four cubic yards. aPAdditional requirements outlined in Ylauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. rr $50 + @ $25 TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: I t� MUST PROVIDE: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule S-C—e � �) eP *it is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. UO: OAM fxA L,ITY Ur EAUAN TO 94691146 P00[ 00 �v "�' :, 3830 Pilot Knob Road 1 9 Eagan, Mn 55122-1897 (612.) 681-4600 � City of Fagan Hauler Licensing Application �.% rr> m z✓� 1, �� •�n n hereby rnake Application for a Refuse/Recycling license fur' the veal Owner; It,, clLle_ rnName Ile �� Alllll CSa —F� City State a q Zip Te.lephote Business Name: N me Address tty I Stele Zip Telephone `� / r� Municipalities where presently licensed. _'<Z'e - _ � � �� rJli� LICENSE TYPE: (check all that apply) J — OResidentiAl Dwelling" 'w''Required for haulers serving single family detached, duplex and four -plea units. �Recyeling and compost vehicles may be included in the residential rale, if operated by a sinssle compam• &V'Stnte., county, and city modates require residential recycling opportunities he provided. 'PAdditional requirements outlined in Hauling Ordinance as attached. OMaltiple Dwelling/CommerchiP ,Q'Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. State, county, and city mandates require residential opportunitieAc provided for multi -family units, 6'Permits/encourages, but does not require commercial recycling. APConstruction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. AAddltional requirements outlined in Hauling Ordinance as attached. Residential Reeyeling IF'Required for haulers performing residential recycling only for single family, duplex, tour-plex and multi- family residential. 4"5'Applieablc to independent firms, subcontractors. and liccimcd Inn Srers. OConstruction/Demolition Debris 1 lc''Requircd for haulers or contractors using containeis greater lLar, four cubic yards. 'F�Addilional requirements outlined in Hauling Ordinance as attached. FEES; $50 for first vehicle/$25 each additional vehicle, a, $Sp / TOTAL NUMBER OF VEHICLES TO OPERATE IN EACAN: MUST PROVIDE: �. Motor Vehicle Insurance � Date of Expiration Worker's Comp. Insurance Schedule _ Daic ofxpirutivn Rate 1✓%f"�� ('L-� 6Z'�� (r --LG �- �-C-L �/��...�P/ �� _ '" -- .�-E�/7Z ��r—rx '"it is not the City's intent to add additional fees onto the licence to provide fAr recycli g Intl ronort,ttion!dcniolition licensin . provided that the a corresponding residential or commercial license is obtained, 8 -. 1 10—, 5:4 9'6� 2— 9fp 18 61 62373 09-25-'?r� N�!liri !•irk i�r l:�l,�tl i 38 � Knob Road Ehlers, PiioMid 5S 122-1897 ' trsi�) 68�w�0o R-95% AAGARD EWIRDNMEMTAL SERVI� Il, yn�.r��; i s rUUY. Jt i City of FARM Rattler Lkeushig AppNeation I lir heeeby maks: all For t► Rofosemacyeling tinlese for thea year Owrttrt Sl��l,l�r City. BIRt� f�lp rvltphede Busse �isC 5,; 1 L %+!p• r �r-1 ,�jr" _ N Addross Cart l.,hP'e-�-�'�/ c_ e� P Tolophnnr; MYlifOipalitilw i INAYe preet:nlly licpmad: 7"w,,12 /i r P.03 LICIPM11t TYPE. (Cbmk all that apply) w(lr�sidentid 1)rvelling" ' (DRequirad for hilultn serving rirlSIC &mmlly delachad, duplex and far-ptux units. ®Rceyt:11%and eompust vehicles tally bgincluded in the rcaittentiol tett~ 11'vl►w' led by a tingle airnploy. 081M. county. and city rnandalus requirx rsidcalial re4,.y4itn¢ 613linra,nil4y hr 1+rovided. 41DAMitionel r+epiramenis outlilt04 in Hauling ()rdinanoe as attached. �NJlulilplc 1)wttliaglCommerctal+ 01%equired for haulm serving comm=Ial avoaurtts and mullipla family dwellin1ls being survietxl in a eommaraiel manner. ®glm, County, and city mendutm rardtr, residential rwnitins ho m,: a vpfk+ P Jvd Per r++elti-l:fmily Yrtiltw SPetrnits/enwuraW but dw:e not require commercial nroycliag, MConStM01tul/dernolltion debris vehlcles may be iwAu&%f in multiptc dwellinlyeornmurciel irnperalf d bl s rJASIC. rxisnimy. MAdditkmal rr:quirements wilned In Hauling Ordinance es attacher!. '�litesi8entiel Rr,ey4ltr�g d'lRequired aw hatters perforMh* rlaidemtial recycling tmly fbr single Pstnily, duplex. I'uur•plex and multi - fin lly residtarW. *Applicable to Indi"mdear At" subwwractors, slid lirxlLSVi haulers. IM(Naetructiow1kieendan Debris (glAeyuited tot haulers OF epntmolura using datuabrt w bre"at then tbur cahic yard.?.. MAddillmal roquirernwrits ouilirteq In Hassling Ordinance a1 attadtud. FIBS SSO fpr first vehiale423 Male additional vehiolr.SSO *.—:2:@ USI -<@ t� ITtylrAL NUMB tit OF V EAICIAS TO OPS1tATE [N EACANt _„_____, t MUST PRO10AEr Motor Vehicle IMonance �� i)ate of hxpiratinn Workae"f Comp. lasurrhnoc _ uato ell' g eplratloa Paw Schedule Oil is not the city's intent RP add additional fees am ilia liceinw. TO pmulde Ibr rocyelirrlg ImJ eotmtruetiunldamAtiun liwnsinbt Provided ftt the a cortrrsponding residential or =mnseraial license Is ahadrtrtl. ' 6126862373 10-11-96 04:24PM P003 #04 $403.00 )er license l A-1 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122-1897 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Please Print j � p APPLICANT "�.� Y , CjL v� 2E_ �-_� Birthday. YYt-i Io -Residential Address �} �v l t'� I✓''�,cJ street city X New Renewal state '.; �3 Business Addresst TA C_ L_ I L ( (p L4 fn 9 5:5-1 _� _), street city state zip Horne Phone 7E3 (�r Business Phone 4�- r 4 Business name in Eagan where tobacco is to be sold Business address in Eagan where tobacco is to be sold . s2, �4 '�A C-�_ l . street TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) F Cigarettes, cigars and other smoking tobacco _ Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related e1evices )C Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD (Check all that apply) jC Individual pack or can K_ Two or more packs or cans packaged together Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply) Self-service merchandise _ Aver -the -counter Vending machine Number of vending machines within business Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS AND FOR EACH VENDING MACHINE. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLE E &VELIEF. DATE ? I�I AUTHORIZED SIGNATURE �` ------ City Council Approval Date: FOR FOR OFFICE USE ONLY Date Issued: (r �S ��t7 /y