10/01/1996 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
OCTOBER 1, 1996
6:30 R.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)
V. CONSENT AGENDA (PINK)
ro. Z A. PERSONNEL ITEMS
3 B. PROCLAMATION, Proclaiming October 14-18, 1996 as Minnesota Manufacturers
Week
�C. REQUEST for public hearing - certification of delinquent utilities -
November 4, 1996
g D. RECOMMENDATION, Airport Relations Commission, support for continuation and
expansion of Airport Communities Revitalization and Stabilization Program
•� E. RE -PROGRAMMING OF FUNDS for Blackhawk Lake landing upgrade
d F. FINAL SUBDIVISION (Blackhawk Acres 4th Addition) JMS Development Corporation
/(,G. FINAL SUBDIVISION (Fiala Addition) Thomas Fiala
� ' H. CLARIFICATION, Shaw -Lundquist conditional use permit
.2.31. ELECTION JUDGES, for November 5, 1996 election
,y.7. PROJECT 636R, Receive final assessment roll/schedule public hearing (Poppler
F
Lane - Streets)
K. CONTRACT 95A, Acknowledge completion/authorize City maintenance (Eagandale
Center Ind. Park lith Add. - Ponding & Utilities)
S L. CONTRACT 96-15, Approve change order #1 (Meadowview Rd. - Utilities)
�. -24 M. RESOLUTION, Accepting donation of land from McLeans for park purposes
N_ HAULER LICENSE APPLICATION, construction/demolition debris, Keith Krupenny
& Son Disposal Service, Inc.
/0-300. RESOLUTION, Declaring October as Water Resources Awareness Month
32P. PROJECT 711, Receive request/authorize plans & specifications (Denmark
Ave./T.C. 70 - Sidewalk)
P 3�(Q. ADVERTISE for bids for pumper/telesquirt combination
(/ Z)17R. AUTHORIZE Submittal, Dakota County Landfill Abatement Grant Application
S. RESOLUTION, Redesignating Municipal State Aid Street #126 (Neil Armstrong
0.(-43 Blvd.)
VI. OLD BUSINESS (ORCHID)
P-CDA. RECEIVE Report and order public hearing, if necessary - Richfield Blacktop
Company, conditional use permit
B. REQUEST by Western Dakota County Ice Center Organization to consider Eagan
P�� as a participant in a four (4) sheet ice arena
VII. NEW
BUSINESS (TAN)
3 A.
CONDITIONAL USE PERMIT - EZ Air Park, to allow the outdoor storage of a
f
1,000 gallon propane tank to refuel airport buses and the outdoor storage
of recreational and commercial vehicles on property legally described as
Part of Lot 7, Plainview Addition and P.I.D. No.'s 10-00200-010-51 and 10-
22502-065 located on the east side of Lexington Avenue and south of Highway
55 in the SW 1/4 of Section 2
vXX ��1IYY B.
PLANNED DEVELOPMENT AMENDMENT - Lifetime Fitness, to allow parking as a
principle use for Lot 2, Block 1, Thomas Lake Center located on the
southwest corner of Thomas Lake and Thomas Center Drive in the SW 1/4 of
Section 28
CONDITIONAL USE PERMIT - SBA, Inc., to allow a 100 foot tall monopole
PC.
communication tower and an equipment building on property legally described
as P.I.D. #10-03600-010-57 located on the west side of MN State Highway 3
and south of Farm Road in the SW 1/4 of Section 36
!`D.PLANNED
DEVELOPMENT AMENDMENT - Nue & Torgerson L.L.P., to allow a 27, tall
155 sq. ft. pylon sign for the Greenmill Restaurant and Holiday Inn Express
Hotel located on Lots 1 and 2, Rahncliff 4th Addition located east of
Rahncliff Road and south of Rahncliff Court in the NW 1/4 of Section 31
E. PRELIMINARY PLANNED DEVELOPMENT - ESA Development, Inc., (Norwest Third
Addition) of 2.85 acres legally described as Outlot A, Norwest 2nd Addition,
for a three-story hotel consisting of 122 units located between Norwest
Court and I -35E in the SW 1/4 of Section 28
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
IX. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
XI. ADJOURNMENT
XII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, 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: SEPTEMBER 27,1996
SUBJECT: AGENDA INFORMATION FOR OCTOBER 1, 1996 CITY COUNCIL
MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval is given to the October 1, 1996 City Council agenda, the regular meeting minutes for
the September 17, 1996 City Council meeting and the minutes for the August 26, 1996, September
3, 1996, September 12, 1996 and September 17, 1996 Special City Council meetings, the following
items are in order for consideration.
DEPARTMENT HEAD BUSINESS
There is no Department Head Business to come before the Council at this time.
MINUTES QF,.;A SPECIAL MEETING OF THE
ORGAN CITY COUNCIL
IAGAN, MINNESOTA
A special meeting of the gran City Council was held on Monday, August 26, 1996 at 5:00
p.m., at the Eagan Municipal Center Buil6i�g. Present were Mayor Egan and City Councilmembers Awada,
Hunter, Masin and Wachter. Also present were Director of Finance VanOverbeke, Director of Parks and
Recreation Vraa, Assistant to the City Administrator Hohenstein, Assistant to the City Administrator Duffy,
Chief of Police Geagan, Assistant Finance Director Pepper and City Administrator Hedges.
i$�TORS TO BE HEARD
There were no visitors to:'i5e heard;:::::
City Administrator Hedges reviewed the Draft 1997 General Fund Operating Budget
document. His review covered the budget formulation process and, specifically, an increase in the
contingency budget from $199,100 in 1996 to $424,100 in 1997, to allow an allocation for software and
hardware to begin the transition from paper filing toward a paperless office environment and records
management system, an amount set aside to complete the -state mandated comp guide update and an
allocation for implementation of a basic winter trail:.Trieiti't rj nce trail program. Director of Finance
VanOverbeke provided a general review of.the::reueiil;Oisfmates, specifically, the change in each of the
revenue categories.
The City Administrator Of64 d i AMw review of the budget, summarizing expenditure
appropriations such as the proposed new persor.H6I-: 4-: tel-wdes a new data processing MIS technical
assistant, three sworn police officers, two half-time cleridai-*:teghnicians for the Police Department, a half-
time clerical technician for Engineering and a half-time maintenance position for building maintenance. Staff
was directed to remove the half-time clerical technician for Engineering from the 1997 budget.
The City Administrator further stated that it might be appropriate to recognize members of
the Fire Relief Association who were preser)t.to discuss a proposed pension increase for 1997 through
1999. Mark Sportelli, Pat Diloia, Tim Denrfi'ti::�i'�d FKQ::C- hiii# Jensen appeared to present the proposed
1997 pension changes, Mr. Sportelli tatd'fFri-ititlie::prdjiosal is to change the monthly pension from
$28/month per year of service to $35/n:ftth per ye8f V service. He further stated that the optional lump
sum benefit would change from $4,OOO..ppr year of .service to $5,200 per year of service. Mr. Sportelli
further stated that the new rates would:v i I to a iV ;.firefighters retiring during 1997 through 1999. Mayor
Egan asked whether the City will lose f.....iei+s ihtit :: rasion increase. Mr. Sportelli stated that for
the hours and service the volunteer firefigiit2.r ''g'iV6-To-. ie t imunity, as stated in the report, the pension
is an incentive to keep experienced firefighters. City Councilmembers discussed the pros and cons of
whether the legislature should continue setting a cap for the amount cities can appropriate for firefighter
pensions or whether legislation should be pursued allowing cities the right to set firefighter pension amounts
without any cap or restriction by the state. Reliof.Association President Sportelli stated that a group of
communities are proposing legislation thrQti$ ::aid: *tt[a zption that would remove the pension cap and
allow cities to determine their own montf)0: ''annuaf-Ifjo'p;�ym pension benefits. Mayor Egan stated that
a uniform bench mark would be benefi0j*:fo attracting 69 hters. City Councilmember Wachter stated
that he is in support of pursuing legislatign that would allow cities to determine their own cap for firefighter
pensions. City Councilmember Hunter•isWggested that thei Administrator work with the Fire Pension
Special City Council Meeting Minutes
August 26, 1996/Page 2
Committee to pursue legislation through t1i : AMM and LMC that would remove caps for firefighter pension
amounts. City Councilmember Hunter further ..statod..thax..if.thj$ legislation is not successful it would be
beneficial for several communities to :�Arlp sum pension number to present to the
legislature on the unified basis.
After further discussion, &*or Egan summarized the firefighter pension matter by stating
that there is a City Council consensus that the Fire Relief Association work with other communities to
pursue legislation that would remove the caps and that if this is not successful, a new monthly benefit and
lump sum would be pursued through joint legislation with other communities. Mayor Egan thanked the
volunteer firefighters for their participation. Consensus was reached that the proposed dollar increase in
the budget of $39,500 should be moved%i'n the Firq Department to the contingency account.
The City Administrator cW'Anued oh: presentation of the operating budget. A question
was raised regarding the training budget W1997, Wi.iding how much is related to MIS activities. General
discussion regarding the proposed dedieaWd::pprttjagengy.account of $225,000 followed. An expectation
was expressed that expenditure increases::fri::ai`pas::v.: ta6hh4!bgy should be followed by reductions in
personal services costs. Technology enhancements usually result in a change in the ratio of clerical to
other staff. It was determined that no 1997 funds should be set aside for the records
management/paperless office project. Preliminary work is to be completed during 1997, with a new request
for funding to be considered in a later budget. Staff was directed to reduce the dedicated contingency
account by $150,000 from $225,000 to $75,000. The $75,00,Q:is available for consideration of the Sate
mandated Comp Guide update and the basic winter trail::>m�ii6nance program. Direction was given to
reduce the City's Administrator's budget for Hermaa:itl,(JJWTVrrt ure improvements by one-half, from $65,900
to $33,000. The total program is to be pf 4*.j-d:a'T 0 er a'Avo year period.
J,.
Questions were raised abo;li::il�o::capital equipment being proposed in the Cable TV
department budget. City Administrator Hedges Sllg&sW1;s%ff.would provide a memo for the City Council
with additional explanation regarding the budget
Further budget consideration was continued to the special meeting scheduled for
September 3, 1996,
WESCOTT SQUARE HOUSING UNIT
Director of Parks and FtXeatioiV,.r3'rbiiied background on the acquisition of the
Wescott Square Housing Unit that wpOlO be u#�i�d for special programs in the Wescott Square
Development. Mr. Vraa provided three scenarios fo'r'acquisition of the property that were prepared by the
HRA, He stated that the City can use 4:art of theii::CDBG appropriation by reallocating monies from the
Mortgage Reduction Program. City Co +i0*tpbPa Awada:stated that the requirement to rehab the units
is very expensive and would support ccJAMLsW:fiWio. sfft: Mit. Director of Parks and Recreation Vraa
stated that the building is on the market and could be sold which would eliminate use of the existing unit
which is an excellent location for the youth programming.
After a brief discussion, City Councilmembers concurred that the cities should not purchase
a unit but continue renting a unit for the yoJA#1:Pr1V r .IT -wt activities.
The City Administrator Shied that staff wilf'Divvard this direction to the HRA.
COMMUNITY ....RVEY RESULTSlfi ARLLACE GROUP
Special City Council Meeting Minutes
August 26, 1996/Page 3
City Administrator Hedgiei stated that the Wallace Group was retained as a
communications consultant during 1996 #pr..sP-yeral. i'easoj)�. that included preparation of a community
survey. He stated that the preliminary.*:.. 3r::eai jitg:1ip survey began in the late spring with a
positioning exercise in which the City Coi**60'arid''gltff OWi61'-61her Minnesota cities in comparison to the
City of Eagan, a method to develop a corj. unity image. He further stated that following that exercise and
dialog between the Wallace Group, staff*0 City Council, the purpose of a community survey and drafting
of questions that were reviewed by the City Council and staff occurred during the month of July. Roy and
Sheri Wallace of the Wallace Group were both in attendance. Mr. Wallace presented the report entitled
"Report on Survey of Residents Attitudes and Opinions" that was submitted to the City Council dated
August 26, 1996.
Mr. Wallace introduced::' a survey: results by stating that residents of Eagan believe
strongly in their community and in each::Qther. F#e..further stated that the survey shows that people of
Eagan believe the City's on the right coulu. , that #*:0evelopment of the City has been based upon sound
policies and that the services provided to.ita.s$I¢enta -are...-of. tligh quality.
Mr. Wallace explained how the 'survey was'conducted, stating that sufficient calls were
made during the daytime and evening hours to develop a respondent base of 250. He further stated that
this provides a statistically reliable sample to assess overall resident attitudes, but has limits on the
conclusions that could be drawn regarding the views of subgroups, such as men and women, particular
age brackets, and the like.
Mr. Wallace further stated that aboutQ:i;:'Stions were included in the survey and several
were open ended or have subquestions,r.�l�.t6d:.t;:t 'dffi, to further stated that the objective was to survey
opinions and attitudes of residents to d0errYiine how they felt about their City, what they found attractive
or unattractive for the community and their -.*p :#Ex.,the'future.
Mr. Wallace then spent approximate 1y*4is.*#utes reviewing the survey in detail which
included such things as attitudes toward City streets, law enforcement, development, bussing and many
other examples of service delivery. A copy of the survey is a matter of official record entitled "Report on
the Survey of Residents Attitudes and Opinions, August 1996" and filed in the office of City Clerk and the
City Administrator.
City Councilmembers expres` a t;#heir exritemOnt about the favorable results and thanked
the Wallace Group for an excellent survey;; "-Iurt#*::dliiWssion and general conversation about the
survey, Mayor Egan stated that the sLvy will app��r the September 3 City Council agenda for a brief
presentation by the Wallace Group. City, Administrator Hedges stated that their will be press releases to
the area newspapers as well as an artWappearift..-in the upcoming City-wide newsletter.
City Administrator Hedges provided background on a proposal for a Western Dakota
County four-plex ice center that is being given consideration by area hockey associations and a Lakeville/
Burnsville business person Kirk Detlefsen. He statad that as chairperson of the Dakota County Managers
Group, that organization has had two presertWWunderstand how each community is meeting
their needs for ice center demands and . ther thi§?a- . interest by four communities to collaborate
together and pursue funding for a four; -=:ice center. Fi'e Wither stated that a Mighty Ducks contribution
would be pursued. The total project cost' is approximately §9 5 million which is based on a comparative
cost of $2.8 million if cities were to build:i� single sheet of ic6::::.The City Administrator also stated that the
proposal is based on an annual guara�ee•gt2,6�0.•t�oR. rs:o ;ice time. The terms of financing would be a
Special City Council Meeting Minutes
August 26, 1996/Page 4
25 year revenue bond backed by i aUon and issued by the Dakota County HRA. Director of
Parks and Recreation Vnaastated that for osingle sheet ofice, since the City's
architect who is designing the second n oiviconaneimestimating the cost b»be
approximately $2 million.
CitvCounoUn1ernber rstated that hoioconcerned about the need for the foopp|ex
and. if the City of Eagan is to invest oo,nmun|b/ naaournon in o second sheet of ioe, it should stay in the
community as a shared facility with the existing civic arena. City Councilmember Masin stated that the four-
plex ice facility concept would have been an excellent idea approximately six years ago before communities
such as Eagan built thii iarenas. Mayor Egan stated that he has had recent conversations with the
Burnsville Mayor and shares her concenf:ih�t there p�e the correct number of arenas provided in the area,
stating further that if there is an overbud.04i civic apmas, there could be some financial strain on existing
civic arenas causing unnecessary gener�!::govemrq�ht subsidies.
After further discussion,.#we:wa*..oeneral.,ponsensus by the City Council that the City of
Eagan not participate as a member of t4:-W�W D* -W'00-6- four-plex ice center concept given the
present circumstances of an existing civi c arena ... a n .8... th I e to add a second sheet of ice adjacent to
that facility.
�
There being no Other Business, the me
.pgVW"s adjourned at 9:15 p.m.
TILH
Dated City Clerk
Su41.ect to Approval
MINUTES Q.F,.;A SPECIAL MEETING OF THE
IbAbAN CITY COUNCIL
:'EAGAN, MINNESOTA
A special meeting of ther~an City Council was held on Monday, August 26, 1996 at 5:00
p.m., at the Eagan Municipal Center BuilAq. Present were Mayor Egan and City Councilmembers Awada,
Hunter, Masin and Wachter. Also present were Director of Finance VanOverbeke, Director of Parks and
Recreation Vraa, Assistant to the City Administrator Hohenstein, Assistant to the City Administrator Duffy,
Chief of Police Geagan, Assistant Finance Director Pepper and City Administrator Hedges.
11��TORS ;O BE HEARD
There were no visitors to -:be heardi:i
REVIEW DRAFT 19917: ERAL-.. - JJQ .QPERATING BUDGET
City Administrator Hedges reviewed the Draft 1997 General Fund Operating Budget
document. His review covered the budget formulation process and, specifically, an increase in the
contingency budget from $199,100 in 1996 to $424,100 in 1997, to allow an allocation for software and
hardware to begin the transition from paper filing toward a paperless office environment and records
management system, an amount set aside to complete the. state mandated comp guide update and an
allocation for implementation of a basic winter trail..Tnaih eijpnce trail program. Director of Finance
VanOverbeke provided a general review of .the::rejiisfimates, specifically, the change in each of the
revenue categories.
The City Administrator Of :U0ier review of the budget, summarizing expenditure
appropriations such as the proposed new pers6hhal::;fta�::ixtplmdes a new data processing MIS technical
assistant, three sworn police officers, two half-time clerical-':tinicians for the Police Department, a half-
time clerical technician for Engineering and a half-time maintenance position for building maintenance. Staff
was directed to remove the half-time clerical technician for Engineering from the 1997 budget.
The City Administrator further stated that it might be appropriate to recognize members of
the Fire Relief Association who were present.to discuss a proposed pension increase for 1997 through
1999. Mark Sportelli, Pat Diloia, Tim Denrx*ii hd Fk&X—hl*0:Jensen appeared to present the proposed
1997 pension changes. Mr. Sportelliis to change the monthly pension from
$28/month per year of service to $35/1`11'0 atb per ye :of service. He further stated that the optional lump
sum benefit would change from $4,000;.per year gf.service to $5,200 per year of service. Mr. Sportelli
further stated that the new rates would: ly to afiy.lrefighters retiring during 1997 through 1999. Mayor
Egan asked whether the City will lose fi gh gf i7iti�4*4w. sion increase. Mr. Sportelli stated that for
the hours and service the volunteer firef' Mhr5`give iii t#te: xi imunity, as stated in the report, the pension
is an incentive to keep experienced firefighters. City Councilmembers discussed the pros and cons of
whether the legislature should continue setting a cap for the amount cities can appropriate for firefighter
pensions or whether legislation should be pursued allowing cities the right to set firefighter pension amounts
without any cap or restriction by the state. Relief -Association President Sportelli stated that a group of
communities are proposing legislation thratt;ti;:Af:r9ci?etion that would remove the pension cap and
allow cities to determine their own montht ; tid'annuaf'li 0*p:; ym pension benefits. Mayor Egan stated that
a uniform bench mark would be bene . 0. -;to attracting fire titers. City Councilmember Wachter stated
that he is in support of pursuing legislatipn that would allow 'cities to determine their own cap for firefighter
pensions. City Councilmember Hunter• Li'ibgested that the qty Administrator work with the Fire Pension
Special City Council Meeting Minutes
August 26, 1996/Page 2
Committee to pursue legislation through t1 : AMM and LMC that would remove caps for firefighter pension
amounts. City Councilmember Hunter further..statod .that .if ;this legislation is not successful it would be
beneficial for several communities to pre ssti#vti�;iitjifyipt;3titpp sum pension number to present to the
legislature on the unified basis. "". ....
After further discussion, mayor Egan summarized the firefighter pension matter by stating
that there is a City Council consensus that the Fire Relief Association work with other communities to
pursue legislation that would remove the caps and that if this is not successful, a new monthly benefit and
lump sum would be pursued through joint legislation with other communities. Mayor Egan thanked the
volunteer firefighters for their participation. Consensus was reached that the proposed dollar increase in
the budget of $39,500 should be moved:itfn the Fire Department to the contingency account.
The City Administrator catifinued ori with presentation of the operating budget. A question
was raised regarding the training budget f&.:1997, WJJding how much is related to MIS activities. General
discussion regarding the proposed dediQated::cwttjriengy:.account of $225,000 followed. An expectation
. .
was expressed that expenditure increases lr : #�Gkir741ogy should be followed by reductions in
personal services costs. Technology enhancements usuaIly'�esuit in a change in the ratio of clerical to
other staff. It was determined that no 1997 funds should be set aside for the records
management/paperless office project. Preliminary work is to be completed during 1997, with a new request
for funding to be considered in a later budget. Staff was directed to reduce the dedicated contingency
account by $150,000 from $225,000 to $75,000. The $75,000:is available for consideration of the Sate
mandated Comp Guide update and the basic winter trail::tifa'!ii6nance program. Direction was given to
reduce the City's Administrator's budget for Hermaa:# iNtit.: j#�6re improvements by one-half, from $65,900
to $33,000. The total program is to be Rtsst3o year period.
Questions were raised atioctf::3i�:: apitpi equipment being proposed in the Cable TV
department budget. City Administrator Hedges stfgg& t1::5 ff would provide a memo for the City Council
with additional explanation regarding the budget proposal:::::::;::::::::
Further budget consideration was continued to the special meeting scheduled for
September 3, 1996.
WESCOTT SQUARE HOUSING UNIT
Director of Parks and F.�tX'd'#ioiit:;lft :': �iiied background on the acquisition of the
Wescott Square Housing Unit that v�i}ji1 be ui j7Ad for special programs in the Wescott Square
Development. Mr. Vraa provided three sceanarios fo'r acquisition of the property that were prepared by the
HRA. He stated that the City can use :P.N of th®i .CDBG appropriation by reallocating monies from the
Mortgage Reduction Program. City CoW*r 4' rnd!. > i Awa a: totted that the requirement to rehab the units
is very expensive and would support cdfitii t*.b : i iit4ii6it. Director of Parks and Recreation Vraa
stated that the building is on the market and could be sold which would eliminate use of the existing unit
which is an excellent location for the youth programming.
After a brief discussion, City Councilmembers concurred that the cities should not purchase
a unit but continue renting a unit for the yoA#tJ:PrOgr' i activities.
The City Administrator 5ted that staff wilf #b'*ard this direction to the HRA.
COMMUNITY %JBVEY RESULTSNALLACE GROUP
Special City Council Meeting Minutes
August 26, 1996/Page 3
City Administrator Hedges stated that the Wallace Group was retained as a
communications consultant during 1996.fpr.; seV4ral. reasoY)s that included preparation of a community
survey. He stated that the preliminary' fi+;:3i:feiaijrt:q. survey began in the late spring with a
positioning exercise in which the City CouilCSf'anials aifilNewi—' her Minnesota cities in comparison to the
City of Eagan, a method to develop a coil jnunity image. He further stated that following that exercise and
dialog between the Wallace Group, staffA6d City Council, the purpose of a community survey and drafting
of questions that were reviewed by the City Council and staff occurred during the month of July. Roy and
Sheri Wallace of the Wallace Group were both in attendance. Mr. Wallace presented the report entitled
"Report on Survey of Residents Attitudes and Opinions" that was submitted to the City Council dated
August 26, 1996.
Mr. Wallace introduced;::#te survW::results by stating that residents of Eagan believe
strongly in their community and in each;:Qiher. F#$:further stated that the survey shows that people of
Eagan believe the City's on the right coulia, that tt :Development of the City has been based upon sound
policies and that the services provided to.i•sS't¢ents .aG :of. hi$h quality.
Mr. Wallace explained how the survey was conducted, stating that sufficient calls were
made during the daytime and evening hours to develop a respondent base of 250. He further stated that
this provides a statistically reliable sample to assess overall resident attitudes, but has limits on the
conclusions that could be drawn regarding the views of subgroups, such as men and women, particular
age brackets, and the like.
Mr. Wallace further stated that abdjit 60!4�estions were included in the survey and several
were open ended or have subquestions.fej ''th*6m.:::He further stated that the objective was to survey
opinions and attitudes of residents to da#ermine how they? felt about their City, what they found attractive
or unattractive for the community and theiP:�t p 5 ;for.the-future.
Mr. Wallace then spent approximately-46:fttes reviewing the survey in detail which
included such things as attitudes toward City streets, law enOcement, development, bussing and many
other examples of service delivery. A copy of the survey is a matter of official record entitled "Report on
the Survey of Residents Attitudes and Opinions, August 1996" and filed in the office of City Clerk and the
City Administrator.
City Councilmembers expre#e
the Wallace Group for an excellent suryeyr ::-Af
survey, Mayor Egan stated that the sui*�q will
presentation by the Wallace Group. City, Admii
the area newspapers as well as an artW appe
Kq #m. � nt about the favorable results and thanked
3s:tlts ssion and general conversation about the
the September 3 City Council agenda for a brief
Hedges stated that their will be press releases to
the upcoming City-wide newsletter.
City Administrator Hedges provided background on a proposal for a Western Dakota
County four-plex ice center that is being given consideration by area hockey associations and a Lakeville/
Burnsville business person Kirk Detlefsen. He stated that as chairperson of the Dakota County Managers
Group, that organization has had two presgft*o rt8:t titter understand how each community is meeting
their needs for ice center demands and A."I lier'fli re:j ;fiii interest by four communities to collaborate
together and pursue funding for a four GIce center. H' 'Akher stated that a Mighty Ducks contribution
would be pursued. The total project cost' is approximately ''9:5 million which is based on a comparative
cost of $2.8 million if cities were to buiI64 single sheet of ic*.%:The City Administrator also stated that the
proposal is based on an annual guaratako'-02,6fl0: faORPSO:ie'a time. The terms of financing would be a
Special City Council Meeting Minutes
August 26, 1996/Page 4
25 year revenue bond backed by generm:*:6sbligation and issued by the Dakota County HRA. Director of
Parks and Recreation Vraa stated that the.$Z.8..rrA4ion.seems.h0,h for a single sheet of ice, since the City's
architect who is designing the second scivic arena is estimating the cost to be
approximately $2 million.
City Councilmember WaOkter stated that he is concerned about the need for the four-plex
and, if the City of Eagan is to invest community resources in a second sheet of ice, it should stay in the
community as a shared facility with the existing civic arena. City Councilmember Masin stated that the four-
plex ice facility concept would have been an excellent idea approximately six years ago before communities
such as Eagan built their civic arenas. Magor Egan stated that he has had recent conversations with the
Burnsville Mayor and shares her concerrx ftt there pre the correct number of arenas provided in the area,
stating further that if there is an overbuift#AM civic atlas, there could be some financial strain on existing
civic arenas causing unnecessary general: govemnI0ht subsidies.
After further discussion, .#weves..q.eneral:j;onsensus by the City Council that the City of
Eagan not participate as a member of tttlVe$rt'?>icirity four-plex ice center concept given the
present circumstances of an existing civiI c arena an-IhIe desire to add a second sheet of ice adjacent to
that facility.
There being no Other Business, the rrle®frig bias adjourned at 9:15 p.m.
TLH
Dated
City Clerk
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
:.:.:.Pagan, Minnesota
:::September 3, 1996
A special meeting of the Eagan; ity.*........... on Tuesday, September 3, 1996, at 5:30
p.m. at the Eagan Municipal Center building. Present were i1l(2yor.tgan and City Councilmembers Awada, Hunter,
Masin and Wachter. Also present were Dip"�tor of Public Works Colbert, Chief of Police Geagan, Director of
Finance VanOverbeke, Director of Parksl;Aecreation Vraa, Communications Coordinator Foote and City
Administrator Hedges.
VISITORS TO BE HEARD
There were no visitors to *.*:heard.
CONSIDERATION OF PROPOSED 199j:%*"QENERAL FUND OPERATING BUDGET
City Administrator Hedges stat6d that"the purpose of the meeting was a request by the City
Council to review various questions they hair; C silt rriii g:t erpa#ftf ictal budgets. He further stated that the City
Council reduced the general fund operating I;iidget fsq 189O0:at&August 26 work session, which reduces the
estimated tax capacity rate from .22139 to .21766.
City Councilmember Wachter asked the City Council to review the salary for Mayor and suggested
that, with the amount of responsibilities, the annual salary should be increased by $500. Mayor Egan stated that
if the Council is planning to consider a salary increase for MaypF;;a:proportionate increase should be granted to
the City Council. City Councilmembers reviewed the ayor and Council salaries prepared by the
AMM. After some discussion, it was suggested:thoitA140 tV ytit's salary be increased by $500 and the Council's
salary by $400. City Councilmember Masiff st Ties reluct*nce to consider an increase in the annual Council
salary at this time and suggested that any 8 to p�.deferret3Wntil a later date, possibly 1997.
City Administrator Hedges stated that''ariji:tipii #o.increase the Mayor and Council's salary does
require an ordinance amendment and any amendment mu'sffSe:tad upon prior to a municipal election in order
for the salary to become effective for the following calendar year. After further review, the City Council gave the
City Administrator direction to adjust the budget to include an annual salary adjustment of $500 for Mayor and $400
for each City Councilmember.
City Councilmember Wachter raised a question regarding the proposal to finance shirts with the
official City logo for our building officials. Chief.] i.W lnq. Officis,I:-Ro1d:stated that building inspectors are spending
considerably more time dealing with homeQmtsytorand more private homes to review plans for
additions, decks and many other permits jii4ii shirt v�ri�tritieji official City logo would provide identification and a
professional appearance for the inspectors.`diit Counc mber Wachter stated that he is in support of inspectors
wearing an official shirt with the City logo; Ci virever, the
y.**hould be responsible for the cost of the uniform. After
further discussion, City Councilmembers catitGludesl•tt?:the.lde6 is good; however, the budgetary appropriation
as a City expense should be removed frorq .. 'JAI.,Eswdgei : :
City Councilmember Wachter also raised a question regarding the Dakota County Economic
Development dues that are proposed at $6,500. He stated that there has been much discussion whether the City
should participate as a member in the Dakota County Economic Development Partnership. After discussion by
the City Council regarding future participation in the :Pg ?!*hip, Mayor Egan suggested that the City continue as
a member of the Partnership, but contribute $0QtFcfEi:i jt<ie. same amount approved for 1996. After further
discussion, the City Council agreed to reduce:tkja:pre liminary f�c�tiet by $4,500, the difference between the $6,500
dues as proposed and the $2,000 amount:p'JONested by the Ci rrouncil for membership in the Dakota County
Economic Development Partnership.
Page 2/Eagan Special City Council Meeting Minutes
September 3, 1996
Numerous questions weti :iaised regarding the Dakota County Economic Development
Partnership and the City's benefit for the GIS..sys e.%. Staff was. dirgcted to research the GIS operation in terms
X.
of who buys the hardware, who buys the soli is .Arc4 vft- prci i# , the data.
City Councilmember Awada•.stated that she is not in agreement with the capital outlay request
for cable and suggested that this budget be tvs`sed for 1997. City Administrator Hedges stated that at the August
26 meeting, direction was given to prepare a memo that provides a rationale for the proposed equipment, which
is to be presented at the September 12 workshop. City Councilmember Awada suggested that this item be
discussed at this time without any further research and suggested that the proposed budget be reduced to $10,000
to be prioritized by staff as to which equipment is most necessary and beneficial for improving cable production.
It was acknowledged by the City Council anostaff that this is franchise fees and will not impact the general property
tax levy.
:;:OTHER-AUSINESS
There were no items for 06br Business.
kUE
The meeting adjourned at 6:30 p.m.
Date
City Clerk
TLH
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
:GAN, MINNESOTA
September 12, 1996
A special meeting of the::6fi9-*64�-*-'b held on Thursday, September 12, 1996
at 5:00 p.m., at the Eagan Municipal CenW:13uilding. Present were Mayor Egan and City Councilmembers
Awada, Hunter, Masin and Wachter. A14-Obsent were Director of Finance VanOverbeke, Director of Parks
and Recreation Vraa and City Administrator Hedges.
There were no visitors W:be heard.
Director of Finance/City,. Clerk. Van'Overbeke submitted the results of the Park Bond
Referendum held on Tuesday, Septern6e ::?ffl ;:i :::; f l"'** * i "J*0 that there were 7,212 votes cast which
represent a total voter turn out of 21%. "Hestateif
'''tliat'fFre Voter turn out was higher than previous bond
referendums held on February 14, 1989 and May 19, 1992. City Councilmembers discussed reasons they
have heard as to why the referendum failed such as voters are conservative with their discretionary
spending, didn't clearly understand the question and the bond issue was not clearly sold by any group to
the community. Councilmembers concurred that these were.a few of the reasons and, after further
discussion, and in a motion by City Councilmember WacbW,:�econded by Councilmember Hunter, with
all members voting aye, the official canvass of ballet ...w s- i iiYipfeted and the primary election was declared
an official election.
City Administrator Hedges stated ttiai:this:; as recommended for the Truth -in -Taxation
hearings are as follows: Wednesday, December 4, the first -regular City Council meeting and Truth -in -
Taxation hearing; Wednesday, December 11, the date for the continuation hearing; and Monday, December
16, the second regular City Council meeting of the month and the subsequent hearing for ratification of the
property tax levy and 1997 general fund operating budget. He stated that the City cannot hold the public
hearings on Tuesdays due to the fact that other jurisdictions have scheduled their Truth -in -Taxation hearing
dates on Tuesday nights and the law is cleat.thigt:two taxipgJLwisdictions cannot hold their public hearings
at the same time. After further consider:a?ti::at.1- In :0:46d6Wby City Councilmember Hunter, seconded
by City Councilmember Wachter, all rri.&6rs vaiaitd: li favor, a resolution was approved for setting the
Truth -in -Taxation public hearing dates drid*'changiniy4lie regular City Council meeting dates for the month
of December as follows: Wednesday, DOmber 4;;se►tl;l be the first regular City Council meeting and Truth -
in -Taxation hearing; Wednesday, Decer..1.1;,•.!i11; ikte.dgtq, for the continuation hearing; and Monday,
December 16, at the regular City CourTtii;:itiil#:#:?t#ii subsequent hearing for ratification of the
property tax levy and 1997 general fund operating budget: "'* � '
City Administrator Hedges staWt)udget adjustments were made at the August 26 and
September 3 work sessions, pertaining -:10:::1 ('ta ' gi3i i*.*'fi�nd operating budget. He stated that the
Administrator's budget presented at the --.-'A agust 26 wo'tk: gession totalled $16,171,200 and, due to six
reductions and one increase by the City Council, the tst�get has been revised to a new total of
$15,952,100.
Special City Council Meeting Minutes
September 12, 1996/Page 2
City Administrator Hedges;:Stated that at the request of City Councilmember Wachter a
meeting was held' on this same day to cdist�jss several budget issues pertaining mainly to Parks and
Recreation and General Government Buildings, City Administrator Hedges stated that City Councilmember
Wachter is asking that the City contact DAf for. -abV:.1% i .%;.. ources to pursue alternate funding for
the Youth Development Coordinator positioi'r:-*'�Ciiy''tit�iieil ers discussed the issue and asked the City
Administrator to review what other cities ap.0, school districts are doing regarding the funding of this type
of position.
City Councilmember Wachter also raised a question regarding how uniforms are paid for
for Park Maintenance employees. He stated that he would like the City Administrator to further review the
clothing allowance and that a position should be developed for future union negotiations regarding a greater
participation by employees in the cost of "forms. He further clarified his position on uniforms for building
inspectors and stated that it was his opiniC .*iat insNi�-ors should be required to wear City uniforms at the
expense of the employee.
City Administrator Hedges.stated that'City, Councilmember Wachter also raised a question
regarding why the governmental buildings:Wuift, -Ji.#* x-%oaure to replace the pneumatic controls on
the old boiler and replacement of thermostatic'rrortttol' valve's'in"•the secretarial support pool at the Police
Department for a total cost of $14,900. After City Councilmember Wachter share his findings, having met
with the City Administrator and Director of Parks and Recreation, City Councilmember Hunter interjected
that this correction to the air handling system is essentially a change order to the project. City
Councilmembers expressed their ongoing dissatisfaction with the architect for what appears to be a design
failure.
City Councilmember Awada::stint -1116t'* husband was informed by the subcontractor
of the heating and ventilation system that #I�e:design and s�ipcs for the Police building and Municipal Center
building was considered an overdesign, res�f#r::iri..a higher bid and cost to the City. Mayor Egan
suggested that the City might have a claim and h -Qly.Ad min istrator to further investigate the issue
with the subcontractor.
City Councilmember Wachter also raised a question about the number of staff cars the City
is providing and suggested that the City Administrator provide a report on the cost benefit of providing staff
cars, mileage reimbursement or vehicle allowance.
After further review•of the pralimihary budget;.a.motion was made by City Councilmember
Hunter, seconded by Councilmember Aw..00::�iritFt:i4. T.W.•f '.'.'.':Voting in favor, that the preliminary 1997
general fund budget be approved at $15,0.62*100, with:;Effie understanding that any further modifications will
adjust the contingency until the final pubfiC'�iean is'field in December.
GERTIFICI--QF.POQiP.ERJX.TAX LEVY
Director of Finance VanOverbeke presented the final property tax certification based on
the budget revisions that were presented by the City Administrator. Director of Finance VanOverbeke
stated that based on the budget reductions, the tax capacity rate is estimated to be reduced by 1.7% from
.22139 to .21763. He reviewed the comparison by year of City of Eagan taxes and other pertinent data
for City Council review. City Councilmember Aw.9dp: gd-how the MVTA transit levy would be presented
with the Truth -in -Taxation statements. Dire .:tF. 1h6i i 'O .VonOverbeke stated that each statement will
receive an explanation that the Met CoundR: is being reed by the same amount as the increase to
the local levy. City Administrator Hedges'Steted that staff is nat:completely clear as to how the transfer of
the transit levy from Met Council to the Ott of Eagan will affezZ:the presentation of City taxes, stating as
an example the effect it might have in c m the number tt�'Citizen's League reports and how the City
:. `3.•.•.:.,.,.. .
ranks in comparison to other communities;;irl::pf•S?:p jt t tab-p0r:%I:certain home valuation in the Metro area.
City Councilmember Awada stated that tl 6 btel opf'outIf&f9ifievy is $1,738,193, and would challenge the
Special City Council Meeting Minutes
September 12, 1996/Page 3
MVTA to provide some data on benefit td. community such as the number of users and other pertinent
statistics. After further discussion and expl kation about the MVTA levy, City Councilmember Hunter asked
that staff prepare a fact sheet on the transit levy for both City Council use and as a press release to the
local newspapers and information to be p1'itiuicict:#rxeitiity newsletter. City Councilmember Wachter
suggested that a similar fact sheet and irift ad fr-bii:- irled:ftarding how fiscal disparities affects the
ad valorem tax levy. After further discusses on the matter, in a motion by City Councilmember Hunter,
seconded by Councilmember Wachter, 04nembers voting in favor, the certification for the purposes of
calculating the Truth -in -Taxation notices W*a- s approved with an estimated net reduction in the City tax
capacity rate from .22139 to .21763.
CITI CARGO APPLICATION
Mayor Egan stated that W� wanted:*:share a few observations and request direction from
the City Council relative to the conditional . e permit:Mardelann Addition that was denied at the September
3 City Council meeting, whereby Citi -Card Storag*:Qompany was asking for an outside storage of up to
145 semi trailers. He stated that he wad concerned':es to how quickly the item was reviewed and turned
down without any regard as to how Citi -C,�rfiiirsft:cems the City Council has regarding their
outside storage proposal. Mayor Egan stated (fiat DRi=Cafigcs'is a client and reminded the City Council of
his conflict of interest relative to any action on this item. He further stated that the applicant feels there are
mitigation measures that could satisfy concerns that Blue Cross/Blue Shield of Minnesota has regarding
the proposed outside storage and, further, homes to the east of Trunk Highway 13 will not see the site and
that should not be a concern or reason for denial of the conditional use permit. Mayor Egan stated that
the applicant would like an opportunity to come with a reyiaW plan if the City Council would give their
consideration. City Councilmember Awada stated,.ttsat::iiblji'a half building could be designed to cover
the outside storage which eliminates the.skte:4ptip0-,eV.ressed by Blue Cross. Mayor Egan stated that
the applicant did indicate they are will ::ti7'- provide cl:::blacktop of parking lot within two years. City
Councilmember Hunter stated that the appliprit: must address all of the concerns that have been raised
by the City Council and mitigate any issues tt at*tkZ%--* kirtb�trsdin9. corporations have raised as concerns such
as Blue Cross/Blue Shield of Minnesota before he 'will :reiditgider the application. City Councilmember
Masin agreed, stating that her big concern was how the *diitSKte storage will look in relationship to the
surrounding businesses.
After further discussion, City Councilmembers agreed that with the understanding
expressed to Mayor Egan, the applicant Citi -Cargo could represent their conditional use permit if the issues
discussed at both the September 3 and this:;meeting are,:Geeolved to the satisfaction of the corporate
neighbors and the City of Eagan.
OTHERIb'SINESS
There being no Other ;Was adjourned at 6:20 p.m.
TLH
Dated
City Clerk
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
•.•.•.gagan, Minnesota
:Uptember 17,1996
A special meeting of the Ea''8i-oi t.0-Oiia5:Wd on Tuesday, September 17, 1996, in the
lunchroom of the Eagan Municipal Center building: ' Piri3seiit' iiVere'IUIByor Egan and City Councilmembers Awada,
Hunter, Masin and Wachter. Also in attendari:were Acting Civic Arena Manager Mark Vaughn, Director of Parks
& Recreation Vraa, Director of Finance Vari.Qverbeke and City Administrator Hedges.
VISITORS TO BE HEARD
There were no visitors to be heard.
MIGHTY DUCKS GRtIkC T APPLWATION/SECOND SHEET OF ICE
Mr. Paul Dahlberg, Archited,*.ACC, wa present and presented revised drawings for the second
sheet of ice as previously directed by the Citj Council. lri iddition to reviewing the revised drawings, Mr. Dahlberg
presented the cost estimates for the secon t sei of:ii 2 c�u}jigh;RH .1 d $2,182,474.
City Councilmember Wachter stated that he is no longer certain that the City should proceed with
the second sheet of ice, stating that he has received a number of constituent calls asking that the City Council not
increase property taxes, further stating that these calls have come since the park bond referendum failed on
September 10. He further stated that if the City continues to pursue a second sheet of ice, the taxpayers should
have a voice in that decision. Upon further review of the building-plj ns, both City Councilmembers Awada and
Wachter expressed concerns that the revised arena drawki gq.aS:�i' (�d:as conducive to parking, especially the plan
that utilizes Rocky Lane as an access to the ngW.pertit ..
g fo.dr further discussion regarding the pros and cons
of each of the plans, Paul Dahlberg stated th6f.� 1h4:6U"1lding is moved to the south, there may be a need to seek
a setback variance from the City and further fhaf the cost will.'#jcrease due to the additional fill that is necessary.
After further review and comments'an.#tie':i>;atiQt'''s&.site plans, the Director of Parks & Recreation
and architect went through the cost estimates in detail. City to yitci#member Awada raised questions regarding
the revenue proposed for the second sheet of ice. She further questioned whether the budget as originally
proposed could adequately finance the facility since the architect's cost is that much higher. Director of Parks &
Recreation Vraa stated that it has been the intention, based on an original construction estimate of $1.8 million,
that $1.4 million could be financed through the sale of revenue bonds, $250,000 through grant proceeds from the
Mighty Ducks and the remaining $150,000 would be a cash contribution from the hockey association.
City Councilmembers expres :i orf :Jhoit: t*.Mw estimates are higher due to reasons stated
by Mr. Dahlberg which include the price of fti rete ari it}ie fact that the construction industry is extremely busy
and bids are much higher as a result of arr tangoing sl 7bhage of construction materials. City Councilmembers
expressed concern about the $382,000 furWlirig gap arifthether it would be appropriate to proceed ahead with
the project given the possible financial expZ-..Wse.Qf.$10 Qp,giyen,the higher bids.
City Councilmembers had a brief d'iscussibti l�oiii'the Western Dakota County fourplex ice arena
proposal stating that the number of hours required as a financial guarantee and the $500,000 contribution
continued to be a concern when evaluating that proposal. Councilmembers further discussed the probability of
additional Mighty Ducks funding appropriation for awarding grants May 1, 1997. City Councilmember Awada again
stated that she is concerned about the cash flout .$n�1:pr�posed that any further consideration of the grant
application be delayed until spring, 1997.
After further discussion, there was a genej:al . recurrence thaf :lhiy City should delay further consideration of a
Mighty Ducks grant application until sprinq,.1997, to further evaluate funding alternatives to cover the increased
project cost, submit a Mighty Ducks grant: application in the spaing of 1997 and further evaluate the fourplex
Page 2/Eagan Special City Council Meeting Minutes
September 17, 1998
proposal that is under consideration for W6s10*m Dakota County. City Administrator Hedges stated that Mighty
Ducks funding for 1997 is not certain. Even:! ....)pre is funding available in the spring, there is a possibility that the
fourplex unit could be delayed and would compete with any application the City is processing at that time.
Mayor Egan stated that thi'tky Council will adjourn into Executive Session in the administrative
conference room for the purpose of receivihq'a review of pending litigation to be presented by the City Attorney.
OTHER BUSINESS
Following the Executive $g!*;ion, there were no additional items presented for consideration.
ADJOU).WMENT
The meeting adjourned aft -25 p.m.
Date
City Clerk
TLH
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
"*:`:kagan, Minnesota
::,S,
Opternber 17, 1996
A regular meeting of the Eagan Tuesday, September 17, 1996 at 6:30
P.M. at the Eagan Municipal Center. Prqftnt were Mayor Egan and Councilmembers Wachter, Awada,
Masin and Hunter. Also Present were Cts:administrator Tom Hedges, Senior Planner Lisa Freese,
Director of Public Works Tom Colbert, aria'-bi
t1Y Attorney Jim Sheldon.
City Administrator Hedges sUgggsted that item 1 and 3 of the Administrative Agenda be moved
up and considered at the beginning mo d
eeting'**.** e stated that Item 3 of the Administrative Agenda
'* t
needed to be considered before the of
--'*-- A e He also stated that 2 items of the Consent
Agenda were going to be continued.
It
eMis 1 and '.'f the Administrative Agenda were considered as
part of the Consent Agenda.
Councilmember Hunter :�'-econded a motion to adopt the agenda
amended. Aye: 5 Nay: 0
Councilmember Masin requested on page 7, d sentence of the first paragraph should
read, Councilmember Masin suggested working c
01�*."with the developer on landscaping so that
.. ..............
. Ofid-S� ping.
the City property will blend in with the d ..... .
Councilmember Hunter requested - p n:p'
read, unless warrants are met or unless t thd'fburth paragraph, after the word situation should
attractor, ie., a school or a park. He also
requested on page 11, that the following sentence"6*e":*'.d'.O.'.'attractor,
end of the first paragraph, Sheldon
replied that the Council needed to act tonight.
Councilmember Wachter requested on page 15, the first sentence of the third paragraph should
be replaced with, Councilmember Wachter stated he feels the Eagan Convention and Visitors Bureau can
operate on its own without the assistance of the Northern Dakota County Chamber Of Commerce.
Councilmember Awada moved, -:seconded a motion to 'approve the minutes
as amended. Aye: 5 Nay: 0
Councilmember Masin stated S' Mod*
:*t.bp n house at Koch for their new second fire
station. She said that it was noted that go over thereto do training. Fire
Chief Jensen stated that the Eagan volunteers turn out at Koch Refinery annually in regard to large fire
burns, i.e., gasoline, petroleum, to conduct training. He noted that the City also has a mutual aid
agreement with Koch to provide assistance if needed. He added that every other year there is an
opportunity to send one or two of the Eagan .flppftW Texas or Florida for hands on training.
Councilmember Hunter noted th4'*i--":'b-'-h:-:--S-a' the youth play soccer at Lexington and
turdays"�� W,
Diffley, parking occurs in the back parkir**16-*':1'b*t where there real narrow aisle and people tend to park
in the driveway causing gridlock. He su
..qpsted Director of FRwks and Recreation Vraa check into putting
up no parking signs in that area.
...........
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 2
�k Grant aor,li, cation City Administrator
In regard to Item P, BPsolution'�i�•�dfirit?a iiitcli,,i' �,a�1�
Hedges stated that the Mayor and City Gquncilmembeiscussed the poss
rs dibility of Mighty Ducks funding
for a second sheet of ice at their wor9::2ession earlier in the evening. He noted that since the cost
estimates received from the architect We4:higher than anticipated and the possibility of a second round
of funding in 1997, the Council suggested pulling this from the agenda to discuss whether they wanted to
proceed with the grant application this fall. Councilmember Hunter explained that this decision is complex
and involves funding sources and financing with revenue bonds. He added that there is a gap in the
financing for the cost of the facility and,:tlow much the facility can bring in through revenue. He further
added that the gap has expanded. He:WO that W4t was initially thought to be a self-sustaining project
has turned into a project that needs a f(Wing sot. He also said there is a four-plex being proposed
for Dakota County that could be utilizer#: ijr Eagam::residents. He stated there is the possibility that this
funding will continue into 1997, so a graht'could be:''plied for next spring. He added that the reason the
Council does not want to apply for the gi romt: qW:i ;:bmuee.:&thoy receive grant money and reject it, next
spring the possibility of receiving grant t ioii r:�s2ult�: hE l R f ized. He further added the Council has
decided to wait and see if the four-plex is built and what the demand is for use and take further action next
spring if it is warranted.
In regard to Item S, Agreement Between ISD 196 & Cily of Eagan for Basic Emergency Medical
Care• Councilmember Wachter asked where the idea for this a%.reement originated from. Fire Chief Jensen
stated the Explorer Post wished to take part with thelti?061::District in sporting events and supply first
responder medical care. Councilmember he has nothing against the program, but
noted he does not want to start a progr2rl i -0 .—discontinWe it due to lack of participation. Jensen said that
this agreement is for one year and would b- ,.renewed a'Mually.
Councilmember Wachter asked represerit'atis'f�or'i# Opus about the Ione oak tree logo proposed
for the pillars of the shopping center. Senior Planner rrgese lh. formed the Council that staff did approve
a clock tower design with a Ione oak tree.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Lloyd Enos as a part-time Property Room Technician
in the Police Department.
Item 2. It was recommended to app.'rkve the liif'irig of Christopher Beckman as a seasonal park
maintenance worker.
Item 3. It was recommended to approv',:%. ;: vers as a seasonal park attendant.
Item 4. It was recommended to approve the hiring of Guy Dawson, Jeff Freeman, Ken Freeman, and Mark
Samstad as seasonal adult touch football league officials.
Item 5. it was recommended to approve the hiring of:Fran Dropik as a seasonal Skate Guard at the Civic
Arena.
Item 6. It was recommended to approve be hiring of Clinf6�:: Mitchell as a seasonal Concessions Worker
at the Civic Arena.
Item 7. It was recommended to approiie:fkle•:hi... ...: .. Johnson as a seasonal Preschool Teacher.
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 3
for the Youth Development Program.
Item 8. It was recommended to approve.;F#tit:i�#;I;j>titidtaic as a seasonal Program Assistant for the
Youth Development Program.
Item 9. It was recommended to apprdWithe hiring of Jean Horton and Leanne Kojetin as seasonal
Preschool Program Assistants.
Item 10. It was recommended to accept the letter of resignation from Bernadine Kummer as a Clerical
Technician III in the Eagan Police Department and authorize the filling of the position.
B.
�JJ11kA1LC211yVUQ L101101VI U1 IVICICUIL11 %,.aule-1-,OntlnenIal Uc1QIevisinn ants trnm Continental to U.S. West It
was recommended to approve a resolutil}consentiMg:to the transfer of the City's cable television franchise
to Continental Cablevision and to approve a reso'rdtibn consenting to the transfer of the franchise from
Continental to U.S. West as presented.
C. Project 686. Receive final assessment roll/schedule public hearing modgate Lane Street
Reconstruction). It was recommended to receive the final assessment roll for Project 686 (Woodgate Lane
- Street Rehabilitation & Utility Services) and schedule a public hearing to be held on October 15, 1996.
D. Project 655. Receive final assessment
It was recommended to receive the final
Utilities) and schedule a public hearing tQ_
E. Contract 96-19. Authorize final pavn
approve the first and final payment of $1
and authorize acceptance for perpetual n
:Project 655 (Northridge Drive - Streets &
15, 1996.
95 - Sealcoatina), it was recommended to
Blacktop for Contract 96-19 (1996 Sealcoat)
F. Proiect 691 Amend public hearing date (Clemson Dr. Final Assessment Hearing) It was
recommended to amend and reschedule the final assessment hearing for Project 691 (Clemson Drive -
Streets & Utilities) to October 15, 1996.
G. Project 681. Amend public heard
to amend and reschedule the final
Sewer) to October 15, 1996.
H. Contract 96-12 Approve change
to approve Change Order No. 1 to (
the Mayor and City Clerk to execute
hent Hearing) It was recommended
681 (Nicols Road - Street & Storm
- Street & Utilities). It was recommended
s Drive - Streets & Utilities) and authorize
ROMITT-M-1 •l •l .l" -- - • -• • - ••- ••• • -- •
1111
approve a Final Subdivision for the
Doodle Road and east of Lexington i
K. Final Subdivision. (Seneca Hill
Subdivision for the Seneca Hills sul
to the Centex Vermilion townhouse
Acres Inc. It was recommended to
subdivision located north of Yankee
ued to a future Council meeting.)
fended to approve a Final
uth of Robin Lane adjacent
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 4
L. Findings of Fact. Citi -Cargo Storage:;Qd Inc. It was recommended to approve the Findings of Fact
regarding the proposed Conditional Use'P'ermlt to allow outdoor storage on Outlot B, Mardelann Addition
located north of Blackhawk Road, south -0-".- -*fli Jvw;; acid::West of Trunk Highway 13. (Mayor Egan
abstained on this item.)
M. Adopt Resolution to continue particip4'6611 in the Metropolitan Livable Communities Act for 1997. It was
recommended to adopt a resolution to cbtltinue participation in the Metropolitan Livable Communities Act
for 1997. (Councilmember Awada voted against this item.)
N. Eagan Promenade sign revision (Byerly's). It was recommended to approve the sign revisions for the
south facade of the Byerly's store in the::ga.gan Promenade Planned Development.
O• Final Planned Development and FingLSubdivigib `i._(Eagan Promenade 2nd Addition) Healey Ramme
Company. It was recommended to appr6u4 a Fina(:P#anned Development and Final Subdivision for Eagan
Promenade 2nd Addition for Healey Ramme...omp2rly.
P. Resolution Authorizing Mighty Duckg''GFi
Mighty Ducks Grant application at this time.)
Council withdrew consideration for the
Q. Project 674 Approve Stipulation Agreement of assessment appeal (Violet Lane - Streets & Utilities)
It was recommended to pass a resolution approving a stipulation agreement regarding Parcel 10-01600-
010-06 (John C. LeMieux) for Project 674 (Violet Lane -, Stree3ts & Utilities) and authorize the Mayor and
City Clerk to execute said Resolution and Stipulation):,AO'�teeiiier t.
R. Resolution Amending the Eagan Com"h k
to approve a resolution amending the tagaru:Q.QM1
units/acre) to PF (Public Facility) to allow cb'rfsirtitic
the northeast corner of TH 3 and Cliff Road in the SI
an (Woodcrest Church). It was recommended
ive Guide Plan from D-1 (Single Family 0-3
church on approximately 12 acres located at
air of Section 25.
S. Aareement Between ISD 196 & City of Eagan for Basic Emergency Medical Care. It was recommended
to approve the basic emergency medical care/athletic trainer agreement as presented.
T. Promenade/Opus Special Assessment Reallocation It was recommended to approve a request from
Opus to reallocate the special assessments,ofi:.the Eagan. FrQrnenade Shopping Center development.
Councilmember Hunter moved,.di:si4'hcilmeri�q i=fillasiri seconded a motion to approve the consent
agenda as amended. Aye: 5 Nay: 0
MINNESOTA::MOQ$I, �QCKER ROOM DISPUTE
City Administrator Hedges gave an overview ''oi• this' Item. City Attorney Sheldon stated that no
response has been received from the Minnesota Moose since the response submitted by the City Attorney's
office in July. Councilmember Wachter asked Sheldon for clarification on the cost that the Moose are being
asked to pay. Sheldon stated the City is trying to get the Moose to pay $69,000 for the breach of contract.
Hedges added that the City is trying to recovw.-ft- clst•associated with the building and not lost hours.
Mayor Egan emphasized that during late s:Satlk:stsmmer he received correspondence from a law
firm representing the Moose giving several:i�cuses for tffetr iNIure to pay. Sheldon noted that this lawsuit
will probably be contested.
Councilmember Hunter moved;bpuncilmember Wagner seconded a motion to approve direction
to the City Attorney regarding the appro�J'"' �ioii. [i;3 E t4tigi�t against the Minnesota Moose for breach
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 5
of written agreement due to their relocatigri� Aye: 5 Nay: 0
VACATE PUBI:.0 RIGHT-OF-WAY, ALDRIN DRIVE
City Administrator Hedges gave'a''brief overview on this item. Director of Public Works Colbert
gave a staff report. He stated that this platted right-of-way is being replatted into the Eagandale Corporate
Center Addition and the final plat was expected to be considered at the September 3 meeting but was
withdrawn due to lack of execution by the developer. He added that it was rescheduled for this evening's
agenda, but the final plat application had::again been withdrawn to be considered at a future date. He
further added that at the last meeting, th :public hying was opened and there were no people offering
any comments. He said staff is recommOi;oing the-*. tWic hearing be opened and closed and the item will
be brought back on the Consent Agendq;::dependiRo-.. n the status of the final plat.
Mayor Egan opened the publicFiitg::tQ: 8jai�otiisftiiig to speak. There being no one wishing
to speak, Mayor Egan turned the discussion, 'lra'oie'to*tfiie'CotitiEit.- Councilmember Wachter asked Colbert
what the County meant in their letter that this would have an adverse impact on the County highway
system. Colbert stated that the County is concerned that, with local development and road planning,
parallel routes to the main County road network system be provided so that the County road system is
reserved for longer commuting trips and not local access trips.. He added that after staff evaluated the
layout of the Eagandale Corporate Center, it was determined::#kit Aldrin Drive would not serve any useful
purpose for relieving traffic on Yankee Doodle Road
Councilmember Wachter moved::oUrrc'ilmembet::Masin seconded a motion to close the public
hearing and continue this item indefinitely..:.Ayem::.5.:: Nay. -%:::0
CONTRACT 96-01, RECEIVE BIDS/AWARD CONTRACT (EAGANDALE CORP. CENTER)
City Administrator Hedges gave a brief overview on this item. Director of Public Works Colbert
gave a staff report. He stated that the City should not enter into a contractual obligation to install streets
and utilities until they are assured they will::l:the put�lit-of-way to do so and that assurance will
not come until the final plat has been apfizoi%ri'and: r grd6d:, :He added that due to the plat's withdrawal,
staff is recommending the Council recei*P. a bids a0dt bontinue consideration of contract award to a future
date. He further added the Council has ;up to 45 days to consider award. Hedges noted that there is a
Municipal State Aid Road that is part of,' ig project;:; --fie stated that the applicant has inquired if they could
do the work privately as an option. He :itfI3r :i5 :thy: it ;ihaa always been the City's position that MSA
roads be done under public contract anis Sfi2ifti' is fOtt�trtr#iixg it be done publicly as well. Mayor Egan
concurred with staffs recommendation to have the MSA portion be done publicly. Councilmember Hunter
added that, private development of streets should be allowed when possible, but when there is a state aid
street there is more to take into consideration. He further added that he is 100% behind the staffs
recommendation.
Councilmember Hunter moved, C<ikiiirilmembe #E2i seconded a motion to receive the bids for
Contract 96-01 (Eagandale Corporate C. p*r - Streets & UJ&: %ss) and continue this item until the final plat
is in order for approval. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 6
PRELIMINARY SUB#btVISION & CONDITIONAL USE PERMIT
(TOWN CENTRE 70 NINETEENTH ADDITION)
City Administrator Hedges gave X-bn00-*fi0*N-i6W:i6rt:i#Wtem. Senior Planner Freese gave a staff
report. Mayor Egan asked Freese if staff. has met with the developer regarding future development of the
outlot. Freese indicated staff has asked it w. developer to provide a concept plan about future access and
how it may be subdivided. She stated 44:property owners have indicated that they would prefer to plat
the remainder of the property as an outlot so that, as they find users for the property, the appropriate
acreage could be platted for a particular use. Councilmember Awada asked if the developer was aware
that there is only going to be one exit on Denmark, Freese said that they were aware of that and accepted
it.
Councilmember Hunter stated h6::1fias recOWd a couple of calls regarding the Holiday Station at
Lexington and Diffley and how bright the:114hts are.'apight. He asked.about the lighting proposed for the
east side of the car wash. He added the ;proximity' bf the car wash is much closer to residential than the
Holiday Station and the lighting is a cotirriEpiei:hri$i=hour operation. Freese overviewed the
lighting proposal. Mayor Egan asked about'tti cofiirEit of exfeiial spillage. Freese indicated the ordinance
provides for that, but oftentimes the plans do not get built to specifications. Councilmember Hunter asked
if the ordinance applies at Lexington and Diffley. Freese stated that the lighting plan, as submitted met the
lighting requirements, but she added that something different was installed on the site. She further added
that staff has made Holiday Station aware that they have not installed their lighting in accordance with the
lighting plan. She said that they have asked them to either.::p0mit a revised lighting plan in accordance
with what they have installed and demonstrate that;st titi-"tile ordinance requirements or remove the
lighting and install it in accordance with the:gx.igd. i'::She stated that the problem with lighting plans
is that generally they have not been reviigWad:tiy" a light4 contractor and, as the project moves forward,
the lighting contractor comes up with a ti ft-er:erld•more efficient alternative for the developer and the lights
are installed without coming in to get revisiorii:tir;#�lans. She indicated that staff has identified this
problem and they are trying to resolve it. Discussil'sn' :- aCut.M-0 regarding the problems associated with
lighting plans not being adhered to and possible solutions; -:t ch as holding an escrow for lighting and
holding the electrical permit until an inspection of the lighting has been completed, Hedges stated that staff
could come back with some proposed solutions.
Bruce Miller, with Federal Land Company - representing Eagan Tower Office Building Partnership,
addressed the Council and stated that an ove�rell:,concept plena has been submitted regarding the balance
of the property. He indicated they do ncf :>ts?diyp gift+;:;niers at this point. He noted that they are
comfortable with one additional access pG i'rt. He'd that the sign will not be internally lit, but rather
will be ground lit.
Craig Mattice, applicant, addreg,� the.0.00 1 and discussed the lighting and stated the sign will
be ground lit and also added that the:j;li fjfttx;:ii�if#F;down lit and will not be visible from the
apartments.
Councilmember Wachter asked how the traffic pattern is going to be controlled. Mattice explained
the traffic pattern. Councilmember Hunter stated he anticipates some problems with traffic circulations, but
further stated he did not see them as major .cAmeM. ..,..Councilmember Masin asked if there were any
objections expressed by the public. Freese:.WtlW�ftd::'fbat #?ere was no one present at the public hearing.
Councilmember Hunter asked ii`-&r"e was a berm'M:.1he east side. Freese indicated it was not
actually a berm but rather a planting isla,W with a significant.amount of plantings. Colbert stated that the
site elevation is higher than the street grdtie of Denmark Av*e.
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 7
Councilmember Masin stated she: O there could be a better use across from the residential area,
both from the perspective of aesthetics aiid*'8ppropriateness. Mayor Egan added the landscaping plan is
reasonable and his other concerns are nc>1::4v iding:.ome!$::.:.C*uncilmember Awada stated the car wash
is more aesthetically pleasing than the b'i Agan further added that this use is better
than the Dairy Queen that was propose"... ouncilmerri'lier Awada said there will be less traffic with this
use.
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve a Preliminary
Subdivision (Town Centre 70 Nineteenth Addition) to create one lot and one outlot on 8.7 acres of property
located on the west side of Denmark Ave., north of Duckwood Drive in the NW 1/4 of Section 15 subject
to the following conditions:
Standard Conditions
1. The developer shall comp* with these standard conditions of plat approval as adopted by
Council on February 3,
Al. B1, B2, B3, Cl, C2, C4, D1, E1, F1
2. The sanitary sewer service shall be construclel-to City standards.
3. A manhole shall be placed.on.:#t1 ejiit ty'sewer service for inspection and monitoring
purposes.
Accps� l•
4. The Master Plan for future development''Citi:.Outlot A, including internal service drives,
dated 9/18/95 and last revised 7/29/96, shall be'used to guide development on Outlot A.
5. A cross -easement for the internal service drives as shown on the Master Plan shall be
reviewed by City staff prior to filing with the plat.
Wetlands
6. No filling or draining of thi*:irvetland:'-.$"ociated with Pond JP -66 is allowed.
Plattina
7. The developer shall plai':i; *j'propei't
8. To ensure consistency with the Central Area policies, future development on Outlot A shall
coordinate with the landscaping, building design and materials proposed for the car wash
on Lot 1, Block 1.
it
9. An 8' concrete sidewalk;8Mpuld be construdW-in the trail/sidewalk easement on the east
property line along Denmark Avenue.
Aye: 4 Nay: 1 (Councilmember Masiri:�ppRosrda;:::::
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 8
Councilmember Awada moved, C60cilmember Hunter seconded a motion to approve a Conditional
Use Permit to allow construction of a self -serve car wash on Lot 1, Block 1 Town Centre 70 Nineteenth
Addition subject to the following condition::
1. An irrigation system is required for all landscaped and green areas.
2. All rooftop mechanical equipment shall be screened from view.
3. The City staff will annually review the hours of operation.
Aye: 4 Nay: 1 (Councilmember Masin.opposed)
CONDITIONAL USE tRMIT,"W-LUNDQUIST ASSOC. INC.
City Administrator Hedges gave�4h overvi6W on this item. Senior Planner Freese gave a staff
report. Mike Schrader, representing Shaw 4:Uhd' gUiSt.:addresse¢;ihe Council and stated there is significant
outdoor storage on the McKee Properly tittle tiril}:eritf'Cor;CAia to the west. He submitted photographs
of the area. He further stated the two parties are neutral with respect to this proposal. He went on to
discuss what is being proposed for outdoor storage. He indicated that representatives of Materials
Processing Corporation (MPC) were concerned with the site lines entering their property. He added that
this new proposal remedies the concerns with the site lines. Councilmember Awada asked what screening
is proposed for the north elevation. Mr. Schrader indicted the:nvith and south will be screened by an eight
foot fence and the west will be screened with natural.tr*�s _:::'::
Councilmember Awada asked abW-:#lie Materials:.being used for each of the three buildings. Mr.
Schrader indicated the materials for the tiffice.end the seiiening wall are similar in nature and they would
consist of split face rock/concrete block ant'xFri;::rb0t2 Ws for the warehouse will be tilt up pre -cast with a
raked finish. Councilmember Awada stated it wo6fd'i*:Rtpt tWpt that the materials be the same and not
just similar in nature. Discussion occurred regarding the 'eXtetior finish of the building.
Mr. Shaw, applicant, addressed the Council and discussed the exterior finish of the buildings. He
stated they would not be opposed to using pre -cast panels for the shed area. Councilmember Wachter
said he felt the applicant's proposal far exceeded using a chain link fence. Councilmember Awada stated
her concern was that the buildings look architecturally complete.
Mary Olson, President of Matert #8 'F'�oca�sirig Utpbration (MPC), addressed the Council and
noted that City Code, Chapter 11 states;: s:'conditieW use permit (CUP) must be designed, constructed,
operated and maintained in a manner Oiat. is comp.4ble in appearance with the existing or the intended
character of the general vicinity and i6i it will :frit change the essential character of that area nor
substantially diminish or impair the prdo§i *.::ai i#ed that storage of all the things they are
requesting is not compatible. She further-iitrd* d6'iiafi't�i�:;�tel� they want to have for outdoor storage far
exceeds what they plan to build. She stated they are concerned with decreased property value. She
raised the question of where water ponding will go. Director of Public Works stated that no on-site ponding
is being proposed, but he added there will be some on-site storm sewer catch basins. Mrs. Olson said that
when they built their facility, they were required.:#:have ponding. Colbert stated the difference was
because that requirement is based on the;:gia. iv iii:;mance and not on conditional use permits or
expansion of existing properties. Mrs. Ol§*.*:a3lced hoWtoqy trees were proposed to be removed. She
also asked if the site was going to be gffx-oiled lower. May.(i,'r•':Egan noted that there were 19 significant
trees proposed to be removed. Councilmember Wachter stafpd there will be trees on the east side.
Councilmember Hunter asked concern was. Mrs. Olson stated the
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 9
mix of outdoor storage is not compatible..:.:cbuncilmember Wachter said that if the Council grants a CUP,
that would bypass the City Code. Mrs. Olson noted that a CUP has to be requested since construction
yard/outdoor storage is not permitted wikiiU:tGtJ#?:::::#li:#hther noted that the Code states the CUP
needs to be designed and constructed sa53ie:ixt&tiiri:appearance. Mayor Egan stated that Mrs.
Olson did a good job of pointing out her concern with the proposed types of storage. He further stated that
34,000 square feet of outdoor storage b6irtg proposed is quite large compared to the 7,000 square foot
office building and the 8,000 square foot warehouse. He referred to the last Council meeting where another
applicant, who was seeking a CUP for outdoor storage, was turned down by the Council. He stated that
Mrs. Olson has shown that the standards for a CUP are that it not be detrimental to or endanger the public
health, safety or welfare of the neighborhood or the City and will be harmonious with the general and
applicable specific objectives of the Com rehensive Plan and the City Code. He added that the types of
outdoor storage being proposed are not*? .bizlslstent:ioh what is there now.
Councilmember Wachter said the#.from the:rrbeway the storage will not be visible, unlike the CUP
that was being requested at the last Council meelft. He also said that additional landscaping would
screen the storage area from the back.KiGRA"p01:: 00':stated that she would support the CUP if
the wall was extended. Councilmember'-NI�1s'in%adtJei ':thtVWh4tever is built on this site would probably
require the removal of trees. She said the applicant did a good job of trying to enclose their facility.
Councilmember Hunter concurred with Councilmembers Awada and Masin.
Mr. Shaw restated that Councilmember Awada had suggested extending the fence to the west
property line. He said that they could not afford the additioRal:Cast, but added they would be willing to put
up a landscape berm on that side. Councilmember;Awatd:.�sked about the possibility of putting up a wood
fence. Discussion occurred regarding th!... ttatirr bf-4-Wood fence. Mr. Shaw said they would be willing
to install an eight food wood fence.
Councilmember Hunter moved, Couricl#rtti� >F Rada seconded a motion to approve a Conditional
Use Permit for Shaw -Lundquist Inc. to allow outdoor'stora.A€.Qonstruction equipment in conjunction with
a proposed office/warehouse building to be located on Lof:'2;::8lock 1, Eagandale Center First Addition,
(P.I.D. # 10-22490-020-011) in the NE 1/4 of Section 3 subject to the following conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
2. A revised landscape platt::slt ll 3 e, siuVmi tl :showing additional landscaping along the
south property line to sdidfi the st§tagtarea.
The CUP shall be continually subject to:Mw following;.conditions:
1. The building and site sfi sjr~r ititstled in a neat and orderly manner with no
inoperable machinery or garbage, wa'sfe rri iials or debris stored outdoors.
2. The developer shall construct a storm water basin to control post -development storm water
runoff to less than or equal to pre -development rates so as not to overburden the existing
storm sewer system.
3. The developer shall insta.6t:#iydrant near t ;northeast corner of the proposed building to
provide proper hydrant (spacing for fire profeton to the entire building.
4. The developer shall be..ject to a $7,800.***: ash mitigation for significant tree removal.
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 10
5. The developer shall insf.#t:7ree Protective Measures (i.e. 4 foot polyethylene laminate
safety netting) at the Dri: ine or at the perimeter of the Critical Root Zone, whichever is
greater, of significant tress1w.ooct}a..d.�.,itio. pe. -preserved.
6. The developer shall contact' -'the t0'-'fCTesfeF Division at least five days prior to the
issuance of the grading pettnit to ensure compliance with the approved Tree Preservation
Plan.
7. The existing fence in the northwest comer of the property shall be repaired and properly
maintained.
8. All rooftop mechanical e4*ment shall be screened from view.
9. All outdoor storage sha#f:�#te limited to the construction equipment associated with the
business as listed on tl :*evised::I;itie plan dated August 6, 1996, and at locations as
shown thereon.
10. All outdoor storage shall occur on paved surfaces with curb and gutter.
11. All signage shall meet City Code requirements.
12. No outdoor storage of hazardous waste or fuel: shall occur on the property.
13. An 8 foot wood fence shall be•.cc�r triiCtetl:b i' all sides except the south side shall have
a 12 foot raked tilt up p#aAla#
Aye: 4 Nay: 1 (Mayor Egan opposed)
Rudy Olson, MPC, stated that they spent $2 mill'11, rs to build their building and there was no
construction equipment in the area. He added they were requesting the applicant build their warehouse
bigger to enclose their storage like the other businesses in the area. Mrs. Olson asked for clarification on
the motion.
Councilmember Hunter said there was to be an eight foot wood fence on every side except the
south side and the south side will have a::t2: t;.raked:a::tip: panel wall. Mrs. Olson asked if outdoor
storage of fuel tanks would be allowed:;s(r.it#*-1.ti.�5t.:? bifid be higher than an eight foot wood fence.
Councilmember Wachter stated that the::council VVtjfd prefer they place them where they will not be
objectionable. Councilmember Masin asked Mrs. Olson if she was comfortable with the motion as made.
She also asked if the intent of the motion*as that ititYlfing show above the fence. Councilmember Hunter
said that none of the conditionsaddreS;::#3at::#:;:;ese stated that the condition the Advisory
Planning Commission added regarding the riots : �:::gt�lji :operable vehicles outside eliminated the
opportunity for outdoor storage of the fuel tanks. It was determined that condition 12 of the APC addressed
the issue of outdoor storage of fuel tanks. Mrs. Olson asked if the intent of the fence was that nothing
show above it. Councilmember Hunter stated that was the intent and asked City Attorney Sheldon if it
needed to be added to the motion. Sheldon said,. the Council had the ability to add the condition.
Councilmembers concurred with amending. Cgjc#i#Qir;B. to include no storage can be higher than 12
feet. Mrs. Olson said that a lot of their stoic -06. i 11--b'e.:iti#gi<ieF. than 12 feet.
Councilmember Hunter requesfed -that condition 9'is amended to read no outdoor storage of
equipment may be higher than 12 feet.:*4t: Shaw stated that:¢rage trailers usually exceed more than 12
feet and also stacked cargo containers::trari.:@x;.eo.:.12•fiaet;:::::Councilmember Hunter further amended
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 11
condition 9 to read no outdoor storage of:.quipment may be higher than 12 feet, with the exception of
trailers and cargo containers. Mayor Egatt:ftked Sheldon if the motion could be amended. Sheldon stated
the motion could be amended as long a;ra.aretaarast.takett:c.+i. Councilmember Hunter requested that
condition 9 be amended as follows:
9. All outdoor storage limited to the construction equipment associated with the
business as listed on tlab devised site plan dated August 6, 1996, and at locations as
shown thereon and shall not be higher than 12 feet, with the exception of trailers and
cargo containers.
Roll call was taken on the amended motion: Aye: 4 Nay: 1 (Mayor Egan opposed)
ORDINANCE AMENDING 13HAPTER:�; SECTION 2.11 OF THE CITY CODE
SALARIES OF.*OAYOR:AND COUNCILMEMBERS
City Administrator Hedges gave W:*.Y* rbBW.co.".Rem...Councilmember Wachter stated that staff
was requested to gather information and fff i� fiii o0t*.d::ftt Ether cities had salaries in excess of the
Eagan City Council and also had less population. He further added that the Mayor's obligations are great,
given the many meetings he attends as Mayor.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an
ordinance amending Chapter 2, Section 2.11 of the City::..Code regarding salaries of Mayor and
Councilmembers that would increase the annual mayor'; :6991,iry y $500 to $9,500 and the annual Council's
salary from $6,480 to $6,880. Aye: 5 Na
y.:..,.0 :::::::::::::::::::::::::::''
Councilmember Hunter noted thbf fhisAncrease mounts to less than the rate of inflation and he
also noted that Eagan is the largest comm*Lih >a.:M: Q$k,pta County and even with this increase, the Council
is still one of the lowest paid per capita in the Stale::
DAKOTA COUNTY 5 -YEAR CAPITAL IMPROVEMENT PROGRAM (1997-2001)
City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave
a staff report. Mayor Egan asked about the up -front costs the County invests in these projects. Colbert
stated they spend a considerable amount of..time on pre -design of the projects, surveying, defining
easements and holding open houses for pgji66ft :; Coungt nber Hunter stated that if the City decided
not to go ahead with the projects, the C# :?eiiiiuld t�ll:l 'responsible for all costs incurred if the project is
not approved for the year programmed:;in:-an appty ed CIP. He added that this would be reasonable.
Councilmember Awada stated that the iiq*on some :of the projects fail is because the design is overbuilt.
She added the County does not comoMise theif::�tandards. Colbert stated that he does not feel the
County is trying to be vindictive to the Ci::1 #;ti :that the County receives demands from many
communities in Dakota County for roadvway-friiproVLrri''c g:.*iail4hey have limited resources. He added that
the County said it is disheartening when they put a lot of effort into a project that was programmed and
then it gets denied at the local level. He further added that the County is looking for a strong commitment
from the local municipality that a project is needed. Mayor Egan noted that the purpose of holding a public
hearing is to receive public input and to determine. -Whether a- project is feasible. He added that many
issues are unknown until a certain design.0'4 -A.
Councilmember Hunter asked it' :concept of a tvtep approach had been discussed where a
more preliminary design is done and then a public hearing" ould be held to approve the concept first.
Colbert stated that has been discusses ::*at the open house j$tage and residents ask how they will be
affected. He added that the response ><S r. t3bt�ce:l?gt;j! 0the level of design to tell them how it will
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 12
impact them and then the residents get UP' ...t. He further added they have evolved to try and design the
project to a certain level of specificity, but ih& the resources allocated to it are almost down to final design.
He stated they could go back to presenting..;a,staRord.:CR4jnty:poncept design at the public hearing, but
he asked at what point the Council would:i�ir ifti:# ; ifov :tl,.i�:�3tAject. Councilmember Hunter stated the
County is more flexible than the State. the County's flexibility and their
timeline for projects.
Councilmember Wachter stated that the Council requested Cliff Road (ChesMar to Lexington) be
deferred two years. He asked why the County was proposing this project be completed in the future and
not in two years. Colbert noted the projects will be considered in the future unless the City enters into
these agreements, then they will program it for the year requested. Colbert indicated the City Council has
the opportunity to provide a strong respoi ie:to the C.gpnty if they do not feel this agreement is appropriate.
Councilmember Awada stated the Counirjf::trles to Wpare residents who are affected by these projects.
Colbert noted that through the process,iii staff w""ks with County staff to modify their standard design
before the public hearing stage. He ask : if staff:ihbuld continue to work with them privately or if they
should bring their initial design to the pLtb1ic.anc}.;ttla,.Cown0,-to. work out modifications. Councilmember
Wachter said that staff is doing what the:;-o.'d * Ot.: iir4irtieirt10*do.
Councilmember Masin asked for clarification on signals proposed for Pilot Knob @ Highsite and
also for Lexington @ Duckwood and why the current CIP and City request are for 1997 and the County's
response is sometime in the future. Colbert replied that the County said it does not meet warrants and is
lower on the priority list. Councilmember Wachter stated that hq thinks the City should go ahead with the
roadway improvement at Cliff Road (ChesMar to Lexingtonyji .:-b98. Mayor Egan stated he would like to
maintain the status quo. Councilmember Hunter::t urr�''with maintaining the status quo, but going
ahead with the improvement at Cliff Road::.' 0-tlfitiltiieri 6kr Masin added that the problem has been that
there is no consensus between the Couri'fy ab- d, the City:.:; Colbert said the CIP will be formally presented
to the County Board in November. Councilt*Ors.siated they agreed with numbers 2, 3, 4 and 5 of the
County's response, but wanted to move roadway -,01 r�nt:of Cliff Road (ChesMar to Lexington) and
Yankee Doodle into Inver Grove Heights to 1998.
Mayor Egan discussed a meeting he had with City Administrator Hedges, Assistant to the City
Administrator Hohenstein, Mayor Mertensotto of Mendota Heights and Bill Barnhardt representing the City
of Minneapolis to try and come up with propni fsx noise 4r.4i9*tion to present to the Metropolitan Airports
Commission. He also discussed the spSq'ti#ti#nec�ig: fteltl on September 11 with the mayors and
representatives of the Metropolitan CouI 3E and th tcbi6opolitan Airports Commission.
Bea Blomquist commented on ttlf?:: Sfia:sa::sshe has been talking to staff at the County
and also to Councilmember Wachter about the relationship between the County and the City of Eagan.
She stated she has heard the City may not get their fare share of funding from the County because the
City is difficult to deal with. She added that the City needs to start to work cooperatively with Dakota
County.
Councilmember Hunter moved, Councilmember Awade*seconded a motion to set a Special Council
meeting for October 1, 1996 at 5:00 p.M..'4o hold a joint meetki with the Airport Relations Committee.
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 13
Councilmember Wachter stated hisjkas concerned that the park bond referendum failed. He added
that it is important the Council work togeftji ' on issues rather than having separate agendas. He further
added that he received comments regardipg :MayoG.E,q;an;s:c?mment in the paper stating the park bond
issue possibly be readdressed. He asked::iwr4er pl; a concept. He referenced a letter submitted
by Michael Vincent, member of the APR1VFtir;'iivtiii�fi''Stefei3' tftat the park department staff has had a
noticeably higher workload. He said that :tiffany of the parks and ballfields are crowded, but he. stated that
he feels many residents from other comrojrittities utilize the parks system in Eagan. Councilmember Masin
added that many of the Eagan youth utilize parks in other communities as well. Councilmember Hunter
said there should be more control regarding participation in certain programs, i.e., softball. He stated that
he does not feel the bond referendum failed because there were 20 candidate sites vs. 10 definitive sites.
He further stated people are concerned about taxes and that is probably the reason the referendum failed.
He added that the central park task fot*�e::should move ahead and meet a couple of times to explore
whether Unisys and/or Northwest Airline8::would b� Qling to participate.
Councilmember Wachter said the" he atte<t ded a History Society Committee meeting and on
Saturday at 1:00 there will be an old torn n.;neptuig held..in.:conjUpction with Lone Oak Days.
Mayor Egan clarified that what he mear't'by hrs'46pohi l in the newspaper pertaining to the park
bond referendum is that discussion should occur regarding intentions for future park needs. He added that
the way the bond referendum was structured was flawed and also $3.8 million dollars may be too much
for the taxpayers to support now. He referenced the Community Survey that indicated 70% of the
constituents want to maintain open space as a predominant, use of the remaining 20% of the City of
Eagan's land. Councilmember Wachter stated that the pubk :o-OUld have been informed about how much
open space currently exists in the City.
Councilmember Masin said that:the:bid was let fAr the new parking deck at the Minnesota Valley
Transit station in Burnsville. She mentioned:�h.k-:i;be.ptteii6ed the Dakota County League of Governments
meeting last week. She referenced theMinnesote:'96 information received from the League of
lectk
Minnesota Cities and stated it suggests inviting legislators:;tp:#oval municipalities. Councilmember Awada
added that the challengers need to be invited as well. It was dedided by the Council to hold a public forum
sometime in November after the election.
Councilmember Hunter requested the Open Issues List be distributed at every regular Council
meeting. He asked about the request that the word slow be put on 42 playground signs. Colbert clarified
that it would cost $600 for all locations. ,0p�jWmemhers:;zoncurredl this should be placed on a future
Council agenda.
Councilmember Wachter
dated September 12, 1996 in the
The meeting adjourned at 10:00 p.m.
Date
Dtion to approve the check register
Nay: 0
City Clerk
MLK
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1998
PAGE 14
If you need these*minutes in an altemativ .:' m► 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 pgddy that a# persons have equal access to its programs, services,
activities, facilities and employmentwittiest regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, maritat sfatus or status with regard to public assistance.
Agenda Information Memo
October 1, 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. Full Time Receptionist Clerical Technician IUFinance
ACTION TO BE CONSIDERED:
To approve the hiring of a person to be recommended as a full time Receptionist/Clerical Technician
II in the Finance Department.
FACTS:
Final interviews will be held on Friday, September 27, for the vacant position of Receptionist/
Clerical Technician II in the Finance Department. The interview panel will consist of Director of
Finance VanOverbeke, Administrative Assistant Witt and Assistant Finance Director Pepper.
Hopefully, they will be able to furnish a name to the Council on Tuesday night as the person
recommended to be hired for this position.
Item 2. Seasonal Part Time Park Attendant
ACTION TO BE CONSIDERED:
To approve the hiring of Kathleen Johnson as a seasonal park attendant.
Item 3. Seasonal Part Time Basketball Scorekeepers
ACTION TO BE CONSIDERED:
To approve the hiring of Bruce Barry and David Schomburg as seasonal basketball scorekeepers.
Item 4. Seasonal Part Time Arena Supervisor
ACTION TO BE CONSIDERED:
To approve the hiring of Robert Ottman as a seasonal Civic Arena Supervisor.
Fal
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To proclaim October 14-18, 1996 to be Minnesota Manufacturer's Vl'eek in the City of Eagan.
FACTS:
In recognition of the significant contribution of manufacturing to Minnesota's economy. the State
of Minnesota has designated October 14-18 to be Minnesota Manufacturer's Week and invites local
governments to do so as well. In Eagan, manufacturing makes up an even larger fraction of the local
economy than the statewide average. Manufacturers provide not only jobs. but also significant
corporate citizenship and tax base for the benefit of all Eagan residents.
ATTACHMENTS:
► Manufacturer's Week information on pages—(/ through
► Governor's Proclamation on page & .
► Local resolution on page
--�7
3
Mmeson Manufaa!r7
UsrNG TwvoLoGy
To REAar THE WoRw
0outeettlrere week
o: M, ti.tt, lett
SIX REASONS WHY
MANUFACTURING IS�
IMPORTANT
Manufacturing companies employ nearly one out of every five off -farm a
in Minnesota — over 405,000 people.I
46
The average wage of manufacturing employees is more than $33,000-M
is 30 percent more than the average for all employees. I
Manufacturing has the Largest total payroll of any industry in Minneso
Manufacturing produces $22.9 billion wonb of goods for Minnesota's ec
It bas the largest share (21 percent) of our gross state product.2
0
Manufacturing exports brought nearh $8.2 billion into the state in 19
far outstripping any other Minnesota industry 3
4.
in corporate income taxes alone, manufacturing companies contribute me
$145 trillion to the state's coffers — that's nearly one-third of the statel
corporate income tax revenues.4
1 Minnesota Dept. of Jobs and Training, ES -202 Data Series, 1993
2 U.S. Dept. of Commerce, Bureau of Economic Analysis, 1992
(most recent available)
3 U.S. Dept. of Commerce-, University of Massachusetts, MISER;
and Minnesota Dept. of Trade and Economic Development.
4 Minnesota Dept. of Revenue, 1
4 (most recent available)
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WHEREAS: Manufacturing has the largest total payroll of any business sector in Minnesota, providing
$14.3 billion in 1994 wages; and
WHEREAS: Manufacturing produces $22.9 billion for the state economy and is the largest single share
(21 %) of our gross product; and
WHEREAS: Manufacturing exports brought nearly $8.1 billion into the Minnesota economy in 1995; and
WHEREAS: Manufacturing provides high skill, high wage jobs which significantly contribute to
Minnesota's high standard of living and economic vitality; and
WHEREAS: Manufacturing contributed nearly $145 million in corporate income taxa in Minnesota, more
than any other business sector, and almost 30 percent of total corporate income taxa;
NOW THEREFORE, 1, ARNE H. CARLSON, Governor of the State of Minnesota, do hereby proclaim
the week of October 14-18, 1996 to be
MINNESOTA
in Minnesota.
MANUFACTURER'S WEEK
IN Vi.TYNESS WHEREOF, I have hereumo set my
hand and caused the Gnat Seal of the State of
Minnesota to be affixed at the Sate Capitol this
fourteenth day of October in tate year of our lard
one thousand tante hundred and ninay-six and of
the Sate the one hundred and durty<ighth
GOVER-NOR
Q•
SV,6RETARY OF STATE
CITY OF EAGAN
PROCLAMATION
MINNESOTA MANUFACTURERS WEEK
October 14-18,1996
WHEREAS, manufacturing has the largest total payroll of any business in
Minnesota, providing $14.3 billion in wages and represents the largest single share (21 percent) of
our gross product, and
WHEREAS, manufacturing jobs represent more than one-third of all employment
in Eagan and nearly half of Eagan's largest employers are manufacturers,
NOW, THEREFORE, BE IT RESOLVED that the week of October 14-18.1996
is proclaimed to be
in the City of Eagan.
Motion made by:
Seconded bv:
Those in Favor:
Those Against:
Dated:
MINfiESOTA MANUFACTURERS WEEK
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
1, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the
City of Eagan. Dakota County, Minnesota, in a regular meeting thereof assembled this 1st day of
October, 1996.
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To schedule a public hearing for November 4, 1996 to consider certification of delinquent utility
balances to Dakota County for collection with property taxes.
FACTS:
► On a semi-annual basis, the City reviews and considers delinquent utility balances for certification
to property tax statements for collection.
The City currently has 367 delinquent accounts in the amount of $58,691.80. Additional
information will be provided at the time of the public hearing.
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
RENITALIZATION AND STABILIZATION PROGRAM
ACTION TO BE CONSIDERED:
To approve a recommendation by the Airport Relations Commission that the City support a
continuation and expansion of the Airport Communities Revitalization and Stabilization Program.
FACTS:
As a part of the dual track decision this spring, the Legislature established Urban Revitalization
and Stabilization Income Tax Credits for areas within one mile of the current DNL 65 contour.
Similar to the urban homesteading program for areas faced with other types of impacts, the tax
credits are intended to create an incentive for purchasing and maintaining homes in the eligible
area, thereby stabilizing the neighborhoods and maintaining property values.
► The program provides for a five-year income tax exclusion of $10,000-$15,000, depending upon
filing status, for incomes up to $60,000 for married, joint filers.
► The City is informed that there is a possibility that this program will be threatened in the 1997
Legislature, since the dual track location decision has been completed. The Eagan Airport
Relations Commission is recommending that this program not only be retained, but expanded to
be available to all current owners within the eligible area as well. The Commission and City have
previously supported this concept as a part of the MSP Communities Concept Package. The
Commission also recommends that additional programs and activities be made available to
mitigate the effect of noise over the broadest possible area.
ATTACHMENTS:
► Program description on page ItO �.
► Eligible area compared to policy contours on page AL.
1i
kEban RevitaUstion 51A1dLjUtfo"- pcoMeit
Minpesots Laws 1996, Chapter 464, Article 4 Sections 1 and 2
)rt Noise Impact Relief- Income Tax Ov is
OVER VIEW.• Section 1, Subdivision 1. (b) Single Family Home Owners May Qualb,
iuome Tax Exclusion Beginning In 1998 If They Purchase And Occupy A Horne In The
,,►noted Airport Noise Zone Aftff .lune 1, 1996.
Airport noise impact relief is designated by a permanent M.S.P. Urban Revitalization and 4-d
Stabilization Zone.
Eligible Properties: It affects the City of Muineapolis, Mendota Heights, Eagan,
Bloomington and Richfield. Eligible persons must buy and occupy a residence in the
zone ager June 1, 1996. Home buyer Income Guidelines To qualify you must not exceed
$60,000- married joint filers, 540,000 -single filers and 550,000 -head of households
The program allows for an annual five year income tax exclusion of
515,000 -married joint filers, 510,000 -single filers and 512,500 -head of households
M.S. P. Zone: The new M.S.P. airport noise zone map is created in the geographic area
(composed of parcels that are in whole or in part) located within the 1996 65 LDN
contour surrounding the M.S.P. International Airport, or within one mile from the 1996
65 LDN contour,
Limitations:
There is no limit to the number of homeowners within the zone that can apply for tax
exclusion.
You must purchase and occupy a home in the zone after June 1, 1996,
Effective Dates: The Program is effective beginning for tax year 1998.
The urban revitalization stabilization zone is effective December 31, 1997.
The Metropolitan Council role will be to deliver the permanent airport urban revitalization
stabilization zonelmap (1996 65 LDN contour and out one mile) to communities impacted
by the legislation. The assessor shall provide written verification that the homestead is
within an urban revitalization and stabilization zone to the owner in a form and manner
prescribed by the commissioner of revenue. The form shall include the date on which the
owner purchased the property, the date on which the owner applied for the program, and
the date when the owner occupied the property.
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Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
f:m: ' : -mm soR al a ama Ila aw ; : .i .i�
ACTION TO BE CONSIDERED:
To re -program $14,000 in Department 64 (storm water management program)
expansion/modification funds for FYI 996 to finance upgrading of landings at Blackhawk Lake
FACTS:
The landings that provide access for lake management equipment on either side of the
boardwalk bridge in Blackhawk Lake are in need of upgrading.
Application of in -lake management techniques (weed/algae harvesting and removal,
nutrient inactivation treatments) is essential in order for the City to achieve its lake
management objectives in Blackhawk Lake
Improvements to the Blackhawk Lake landings were not identified in the FYI 996 capital
improvements program for the storm water management program. Thus, it is proposed to
pay for the materials necessary to complete the upgrade by re -programming $14,000
funds allocated for previously approved projects that will not be completed in 1996.
• The Advisory Parks, Recreation, and Natural Resources Commission reviewed this
request at its September 16, 1996 meeting and recommends its approval by the Council.
ATTACHMENTS:
:opy of memo to APRNRC describing proposal and
is
TO: ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION
FROM: RICH BRASCH, WATER RESOURCES COORDINATOR
DEPARTMENT OF PARKS AND RECREATION
RE: REPROGRAMMING OF FUNDS FOR BLACKHAWK LAKE LANDING UPGRADE
DATE: SEPTEMBER 11, 1996
mal
Staff would like to request that the City Council re -program approximately 514,000 in water quality -related
capital improvement funds from the storm water management program budget to cover the costs of
upgrading the landings at Blackhawk Lake.
Bac�
The landings that provide access to Blackhawk Lake on either side of the boardwalk bridge are in need of
upgrading. The structural stability and grade of both landings needs to be improved to allow use of the
landings to move heavy equipment (mainly weed harvestors) in and out of the lake for in -lake management
purposes. Application of in -lake management techniques is essential in order for the City to achieve its
lake management objectives for Blackhawk Lake.
The City's engineering consultant and staff have worked together to develop a design that would utilize a
combination of concrete planks and a grass pavement system on a graded foundation to provide the
structural integrity for occasional heavy equipment use as well as retain a more natural appearance than a
full asphalt surface. The work would be accomplished through a cooperative effort between the Streets
Division of the Public Works Department and the Parks and Recreation Department and is scheduled for
later this fall. The project will require an expenditure of about S14,000 for materials and would be paid for
from the Storm water Management Program's capital improvement fund.
The improvements to the Blackhawk Lake landing were not identified in the FY 1996 capital improvements
program for the storm water management program. Thus, it is proposed to pay for the materials by re-
programming funds allocated for previously approved projects that will not be completed in 1996. Those
two projects are the Pond JP -5 bypass and the Hay Lake landing. The Pond JP -5 bypass was de -authorized
by the City Council during deliberations on the Kingswood Ponds subdivision and the Hay Lake landing is
not being pursued because of a lack of suitable sites on the lake and because improvement of landing
facilities at Blackhawk Lake is now a higher priority. The two projects together account for $73,000 in
expenditures from the storm water mpnagement program CIP.
Request for ommission Action
To cover the cost of upgrading the Blackhawk Lake landing, staff is requesting that the Commission
recommend to the Council a re -programming of S14,000 of the S73,000 in available funds previously
allocated for the JP -5 bypass and the Hay Lake landing in the FY 1996 CIP for the storm water
management program.
Rich Brasch
Water Resources Coordinator
CC. Ken Vraa
Agenda Information Memo
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October 1, 1996 - Eagan City Council Meeting
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A-genda Information Memo
1, 1996 Eagan City Council Meeting
I TO BE CONSIDERED:
�1
ie of packet preparation, this development contracts were not complete and all materials
inal plat had not been submitted, conseauently_ the develnner wn„iri like. th;c ;t,-rn
until th
Agenda Information Memo
October 1, 1996 - Eagan City Council Meeting
ffRU t, l 0, • _ :0 . _ lT 1 4
ACTION TO BE CONSIDERED:
To approve clarification of condition #9 of the Shaw -Lundquist CUP as follows:
"All outdoor storage shall be limited to the construction equipment associated with the
business as listed in the August 6, 1996, site plan as revised on the September 12, 1996, and
September 25, 1996, site plans to relocate specified items to the shed area on the south side
of the storage area. Storage shall occur in the general location specified on the plan."
FACTS:
At the regular meeting of the City Council on September 17, 1996, a revised site plan was approved
showing the addition of a 12 foot concrete wall along the south properly line to provide screening
of storage to be located adjacent to the proposed wall. In addition, the storage area approved as part
of the previously approved site plan will remain at the existing location.
The approved CUP condition #9 refers to the site plan dated August 6, 1996. The CUP should
reflect the revised site plan dated September 12, 1996, that shows the 12' concrete wall along the
south property line with the location of taller storage items beneath the wall and the location of the
previously approved storage area. A site plan dated September 25, 1996, has been sub
further clarify the location of the specific storage areas.
BACKGROUND/ ATTACHMENTS: (2)
CC minutes of September 17, 1996, pages—dthrough&ZL
Revised Site Plan, page cQ�-
I`07
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 8
Councilmember Awada moved. Cikiciciimember Hunter seconded a motion to approve a ConM*ona'
Use Permit to allow construction of a self4eirve car wash on Lot 1, Block 1 Town Centre 70 Nineteenth
Addition subject to the following conditior{s':: : :::::::::::::::::•: ;::::::.: ;•:•:•,
1. An irrigation system is required for all landscaped and green areas..
2. All rooftop mechanical e:::'.. ment shall be screened from view.
3. The City staff will annually review the hours of operation.
Aye: 4 Nay: 1 (Councilmember Masin ;opposed)
CONDITIONAL USE`PRMITMAW-LUNDQUIST ASSOC. INC.
City Administrator Hedges gavi'ari overviiiiei: on this item. Senior Planner Freese gave a staff
report. Mike Schrader, representing Shai*l..tl itl tii ;:acfdres5e xhe Council and stated there is significant
outdoor storage on the McKee Property ti;i tFie:ti�i#Ii:8iidZbdil=Cdla to the west. He submitted photographs
of the area. He further stated the two parties are neutral with respect to this proposal. He went on to
discuss what is being proposed for outdoor storage. He indicated that representatives of Materials
Processing Corporation (MPC) were concerned with the site lines entering their property. He added that
this new proposal remedies the concerns with the site lines. Councilmember Awada asked what screening
is proposed for the north elevation. Mr. Schrader indicted the;pvith and south will be screened by an eight
foot fence and the west will be screened with naturaLtrs,
Councilmember Awada asked aDtiia€ 'riiaterials ;being used for each of the three buildings. Mr.
Schrader indicated the materials for the tiMf .grad the sdii ening wall are similar in nature and they would
consist of split face rock/concrete block and*7.M*t6rWs.for the warehouse will be tilt up pre -cast with a
raked finish. Councilmember Awada stated it woiifd i;s`itipciat that the materials be the same and not
just similar in nature. Discussion occurred regarding the` finish of the building.
Mr. Shaw, applicant, addressed the Council and discussed the exterior finish of the buildings. He
stated they would not be opposed to using pre -cast panels for the shed area. Councilmember Wachter
said he felt the applicant's proposal far exceeded using a chain link fence. Councilmember Awada stated
her concern was that the buildings look architecturally completer.
Mary Olson, President of Mate t f ... �-o... tig: Ci rj;t Cation (MPC), addressed the Council and
noted that City Code, Chapter 11 states~'conditicf use permit (CUP) must be designed, constructed,
operated and maintained in a manner Val, is comPetiple in appearance with the existing or the intended
character of the general vicinity and titii ii it will 110 change the essential character of that area nor
substantially diminish or impair the prdiffi3i::::::e: Rdi#ed that storage of all the things they are
requesting is not compatible. She furttttr*ai�,d d'lfiaf'tiii ::iii t they want to have for outdoor storage far
exceeds what they plan to build. She stated they are concerned with decreased property value. She
raised the question of where water ponding will go. Director of Public Works stated that no on-site ponding
is being proposed, but he added there will be some on-site storm sewer catch basins. Mrs. Olson said that
when they built their facility, they were required.•to have ponding. Colbert stated the difference was
because that requirement is based on the; ;!'s4ivt8i:Qsidlance and not on conditional use permits or
expansion of existing properties. Mrs. Qlpatr:dskedFiow-ft'r�r trees were proposed to be removed. She
also asked if the site was going to be OQ� ed lower. May%l":Egan noted that there were 19 significant
trees proposed to be removed. Councilmember Wachter stojjd there will be trees on the east side.
Councilmember Hunter asked
Vol
concern was. Mrs. Olson stated the
ri
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 9
mix of outdoor storage is not compatible.:::ouncilmember Wachter said that if the Council grants a CUP,
that would bypass the City Code. Mrs. blson noted that a CUP has to be requested since construction
yard/outdoor storage is not permitted with¢l *t !::::: : ether noted that the Code states the CUP
needs to be designed and constructed sari'tiiada'ifpiis:Ili:sppearance. Mayor Egan stated that Mrs.
Olson did a good job of pointing out her copoem with the proposed types of storage. He further stated that
34,000 square feet of outdoor storage tieirp proposed is quite large compared to the 7,000 square foot
office building and the 8,000 square foot viwatehouse. He referred to the last Council meeting where another
applicant, who was seeking a CUP for outdoor storage, was turned down by the Council. He stated that
Mrs. Olson has shown that the standards for a CUP are that it not be detrimental to or endanger the public
health, safety or welfare of the neighborhood or the City and will be harmonious with the general and
applicable specific objectives of the CoMpr*hensive Plan and the City Code. He added that the types of
outdoor storage being proposed are not: lsistentvAh what is there now.
Councilmember Wachter said thoi;from the:freeway the storage will not be visible, unlike the CUP
that was being requested at the last Council meetlrig. He also said that additional landscaping would
screen the storage area from the back. iii i6il tlbor:Avg U. -stated that she would support the CUP if
the wall was extended. Councilmember'-(Vldsih-:;hdifed:mist:°Whatever is built on this site would probably
require the removal of trees. She said the applicant did a good job of trying to enclose their facility.
Councilmember Hunter concurred with Councilmembers Awada and Masin.
Mr. Shaw restated that Councilmember Awada had suggested extending the fence to the west
property line. He said that they could not afford the additioRgl :host, but added they would be willing to put
up a landscape berm on that side. Counciimembszr.Aw*01a:aske6 about the possibility of putting up a wood
fence. Discussion occurred regarding the ittsttatitni tlif a hood fence. Mr. Shaw said they would be willing
to install an eight food wood fence.
Councilmember Hunter moved, Couriefte.m es Rada seconded a motion to approve a Conditional
Use Permit for Shaw -Lundquist Inc. to allow outdoor•stcr*:ijf:Qonstruction equipment in conjunction with
a proposed office/warehouse building to be located on Ldt':2';:'-block 1, Eagandale Center First Addition,
(P.I.D. # 10-22490-020-011) in the NE 114 of Section 3 subject to the following conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
2. A revised landscape play::sl al :fie• s i*"' i3ii tl :showing additionsl landscaping along the
south property line to s;cA the ato 'area
The CUP shall be continually subject to.ft followig8,-conditions:
X.
1. The building and site sWg;#iitsed in a neat and orderly manner with no
inoperable machinery or'gkbage,'ws�'sfe iris pals or debris stored outdoors.
2. The developer shall construct a storm water basin to control post -development storm water
runoff to less than or equal to pre -development rates so as not to overburden the existing
storm sewer system.
3. The developer shall inst8lf:Ji "drant near:tiys.00rtheast comer of the proposed building to
provide proper hydrant ap&ing for fire proteLon to the entire building.
4. The developer shall be.ject to a $7,800.Q¢:rash mitigation for significant tree removal
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 199E
PAGE 10
5. The developer shall ins*. Tree Protective Measures (i.e. 4 foot polyethylene laminate
safety netting) at the Drip fine or at the perimeter of the Critical Root Zone, whichever is
greater, of significant tree;;lwopolal�ds,�o.;l�e.pr"erved.
8. The developer shall coni is the' Lily ' oT 'fee' Division at least five days prior to the
issuance of the gradingit to ensure compliance with the approved Tree Preservation
Plan.
7. The existing fence in the northwest comer of the property shall be repaired and properly
maintained.
8. All rooftop mechanical a ment shall be screened from view,
9. All outdoor storage sha3 ' 6e limited -:'to the construction equipment associated with the
business as listed on t*::tevised*—W plan dated August 6, 1996, and at locations as
shown thereon.
10. All outdoor storage shall occur on paved'surfaces with curb and gutter.
11. All signage shall meet City Code requirements,
12. No outdoor storage of hazardous waste or full. -shall occur on the property.
13. An 8 foot wood fence shallb9,.raRStr#cted tih' all sides except the south side shall have
a 12 foot raked tilt up p1m.0
Aye: 4 Nay: 1 (Mayor Egan opposed)
Rudy Olson, MPC, stated that they spent $2 mil1ld1r;'4rs to build their building and there was no
construction equipment in the area. He added they were requesting the applicant build their warehouse
bigger to enclose their storage like the other businesses in the area. Mrs. Olson asked for clarification on
the motion.
Councilmember Hunter said there was to be an eight foot wood fence on every side except the
south side and the south side will have a:.t-2 3o't;.rakedA::up: panel wall. Mrs. Olson asked if outdoor
storage of fuel tanks would be allowed::*lAbetF - Wc�feX-be higher than an eight foot wood fence.
Councilmember Wachter stated that th*;:'.-,ouncil pV>�iid prefer they place them where they will not be
objectionable. Councilmember Masin ajk�d Mrs. Olabn If she was comfortable with the motion as made.
She also asked if the intent of the motiotf irras that fi#ing show above the fence. Councilmember Hunter
said that none of the conditions addrdt:¢::>t::ia::: nesse stated that the condition the Advisory
Planning Commission added regarding"l#he,*,.*sti*:ifisrg :i3Rtji: ibperable vehicles outside eliminated the
opportunity for outdoor storage of the fuel tanks. It was determined that condition 12 of the APC addressed
the issue of outdoor storage of fuel tanks. Mrs. Olson asked if the intent of the fence was that nothing
show above it. Councilmember Hunter stated that was the intent and asked City Attorney Sheldon if it
needed to be added to the motion. Sheldon: pid. the Council had the ability to add the condition.
Councilmembers concurred with amending.;i,;gtGfl#egt:. to include no storage can be higher than 12
feet. Mrs. Olson said that a lot of their sW--80 vi►$1't a #ilg#ie, ,than 12 feet.
Councilmember Hunter requesfWthat condition 9"' amended to read no outdoor storage of
equipment may be higher than 12 feet. %ir"i Shaw stated that.ftrage trailers usually exceed more than 12
feet and also stacked cargo containers:L•an;R.:.a�.6se3 :::Councilmember Hunter further amended
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 17, 1996
PAGE 11
condition 9 to read no outdoor storage Ofquipment may be higher than 12 feet, with the exception of
trailers and cargo containers. Mayor Egaii':l�sked Sheldon if the motion could be amended. Sheldon stated
the motion could be amended as long a:$;�ret+wae:akett:gs� ;it. Councilmember Hunter requested that
condition 9 be amended as follows:
9. All outdoor storage shalt, #ie limited to the construction equipment associated with the
business as listed on tli"vised site plan dated August 6, 1996, and at locations as
shown thereon and shall not be higher than 12 feet, with the exception of trailers and
cargo containers.
Roll call was taken on the amended motion.: Aye: 4 Nay: 1 (Mayor Egan opposed)
ORDINANCE AMENDING.'G IAPTEffj: SECTION 2.11 OF THE CITY CODE
SALARIES O.F aAAAYOR AND COUNCILMEMBERS
City Administrator Hedges gave an:txitvbEi+arotrt+s:iterrr.:.Councilmember Wachter stated that staff
was requested to gather information and tltib diSF;Qitecl::f -:ether cities had salaries in excess of the
Eagan City Council and also had less population. He further added that the Mayor's obligations are great,
given the many meetings he attends as Mayor.
Councilmember Wachter moved, Councilmember
ordinance amending Chapter 2, Section 2.11 of the C
Councilmembers that would increase the annual mayor's;
salary from $6,480 to $6,880. Aye: 5
Councilmember Hunter noted thi3f ihi
also noted that Eagan is the largest communi
is still one of the lowest paid per capita in the
DAKOTA COUNTY 5 -YEAR CAPITAL
Awada seconded a motion to approve an
ty;:-.:Code regarding salaries of Mayor and
ry-by $500 to $9,500 and the annual Council's
mounts to less than the rate of inflation and he
County and even with this increase, the Council
PROGRAM (1997-2001)
City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave
a staff report. Mayor Egan asked about the up -front costs the County invests in these projects. Colbert
stated they spend a considerable amount gf.time on pre -design of the projects, surveying, defining
easements and holding open houses for .residi '.fi. CowrtiliiLinber Hunter stated that if the City decided
not to go ahead with the projects, the C3 y v'6ufd tjll::t r`etponsible for all costs incurred N the project is
not approved for the year programmea:aii an appf g; CIP. He added that this would be reasonable.
Councilmember Awada stated that the reason some :of the projects fail is because the design is overbuilt.
She added the County does not compfriftlise the�:jtandards. Colbert stated that he does not feel the
County is trying to be vindictive to the Ci3y::'ftd:3i?>fte#:1thet the County receives demands from many
communities in Dakota County for road w8'y friiroti>iiii3 aid >'tley have limited resources. He added that
the County said it is disheartening when they put a lot of effort into a project that was programmed and
then it gets denied at the local level. He further added that the County is looking for a strong commitment
from the local municipality that a project is needed. Mayor Egan noted that the purpose of holding a pub'
hearing is to receive public input and to deterrnlne.:whether a project is feasible. He added that mar
issues are unknown until a certain design q:X'c ' .
Councilmember Hunter asked
more preliminary design is done and
Colbert stated that has been discuss
affected. He added that the response
-'concept of a
a public hea
the open hi
01
p approach had been discussed where
ild be held to approve the concept fir;
age and residents ask how they will t
the level of design to tell them how it w
r /Vfi
IN t !w►14►'I�.Cr i.�irisi�`�'!'s�`� , ,I
�:,
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
I ELECTION JUDGES FOR NOVEMBER 5 1996 ELECTION
ACTION TO BE CONSIDERED:
To approve the election judges for the November 5, 1996 election as presented.
FACTS:
Prior to any City coordinated election, the City Council approves the election judges to cc
the election activities and the various polling places.
► The list of election judges will be provided to the City Council with the Additional Information
packet on Monday. September 30.
a3
Agenda Information Memo
October 1, 1996
J. PROJECT 636R, POPPLER LANE - ASSMT ROLL
ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project
636R (Poppler Lane - Streets) and schedule a public hearing to be held on November 4, 1996.
FACTS:
The installation of public streets and utility service extensions under Project 636R have been
completed, all related costs tabulated and the final assessment roll prepared. This roll is being
presented to the City Council for their consideration of scheduling a public hearing to formally
present the final costs to all affected property owners prior to adopting the roll and certifying
it to Dakota County for collection.
An informational neighborhood meeting will be held with any affected/interested property
owner prior to the final assessment public hearing.
K. CONTRACT 95-A EAGANDALE CTR INDUSTRIAL PARK 11TH ADDN
ACTION FOR COUNCIL CONSIDERATION: To acknowledge the completion of Contract
95-A (Eagandale Center Industrial Park 11th Addition - Ponding & Utilities) and authorize perpetual
City maintenance subject to warranty provisions of the development contract agreement.
FACTS:
The installation of public ponding and utilities to serve the Eagandale Center Industrial Park
11th Addition (located in the northwest corner of Lone Oak Circle & Lone Oak Road) was
performed privately by the developer under the terms and conditions of the related
development contract agreement.
The construction has been completed in accordance with the terms and conditions of the
development agreement and engineering standards, inspected by representatives of the Public
Works Department and found to be in order for favorable Council consideration of accepting
the improvements for perpetual City maintenance.
aq
Agenda Information Memo
October 1, 1996
L. CONTRACT 96-15. MEADOWVIEW ROAD - CHANGE ORDER
ACTION FOR COUNCIL. CONSIDERATION: To approve Change Order No. 1 to C
15 (Meadowview Road - Utilities) and authorize the Mayor and City Council to execute all related
documents.
FACTS:
Contract 96-15 provides for the installation of sanitary sewer, water, and storm sewer along
Meadowview Road as approved by Council action at the public hearing held on April 16,
1996.
After reviewing the plan design during field construction, it was deemed appropriate to
reduce the size of the storm sewer junction manhole from a 6' diameter to a 4' diameter
structure. This results in a cost savings of $2,000 to the overall contract.
as
pagan %-ity uouncii meeting
October 1, 1996
Consent Agenda
At. RESOLUTION ACCEPTING DONATION OF LAND FROM MCLEAN'S FOR PARK
PURPOSES
ACTION TO BE CONSIDERED:
To accept the donation of 1.8 acres of land for inclusion into Mueller Farm Park from
Robert and Terri McLean.
BACKGROUND:
The McLean's approached the City earlier this year indicating their willingness to donate
1.8 acres from a 2.9 acre parcel to the City. On April 12 the City Council approved a
waiver of plat to subdivide the property and split off the 1.8 acres in order for it to be
conveyed to the City.
FACTS:
► Bob and Terri McLean wish to convey 1.8 acres of land to the City. 09
► The parcel would expand Mueller Farm Park/Woodland Elementary School.
The parcel includes a portion of a pond/wetland and will provide an access to the '
pond and potential for a future trail.
i
► The property is intended to be left "as -is" rather than be developed for active use
i.e. ballfield.
► The McLean's intend to declare the gift on their income taxes.
► The A.P.R.N.R.C. has previously reviewed this proposal and has recommended
acceptance. M1
► The McLean's have worked with the City Attorneys office in regards to the property
transfer. d
ATTACHMENT: ag
► Map showing parcel. �•
a9kouncll.kv
I
• 15-r-- -
i DENOTES MONUMENT FOUND
O DE NOTES MONUMENT SET
WESCOTT ROAD
SOUTH LINE SECTION 14
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Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
N HAULER LICENSE APPLICATION. CONSTRUCTION/DEMOLITION DEBRIS
KEITH KRUPENNY & SON DISPOSAL SERVICE, INC.
ACTION TO BE CONSIDERED:
To approve a hauler license for construction and demolition debris for Keith Krupenny & Son
Disposal Service as presented.
FACTS:
► At its meeting of September 3, 1996, the City Council adopted a City Code amendment
establishing license requirements for refuse haulers providing construction/demolition debris
service in the City of Eagan.
► An application has been received of Keith Krupenny & Son Disposal Service to be licensed in this
regard. The application is in order for consideration by the City Council.
ATTACHMENTS:
► License application enclosed without page number.
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve a resolution designating October as Water Resources Awareness month., to be
celebrated in cooperation with Dakota County
FACTS:
The City of Eagan and the Gun Club Lake Watershed Management Organization have
cooperated with Dakota County's Environmental Education Program since 1994 in
carrying out water education projects that benefit the City's residents.
The City of Eagan has received almost $7,000 in grant funds through this program to
support catch basin stenciling and lawn soil testing activities and has benefitted greatly
from public education materials generated through the program.
The City can look forward to another $10,000 in grant funds over the next 2 years to
support water education activities.
The County has requested that the City participate in the designation and celebration of
Water Resources Awareness month by approving the attached resolution, participating in a
water quality workshop, and attending an event recognizing cooperators of the program.
ATTACHMENTS:
A copy of the resolution for which approval is requested. P 3
30
RESOLUTION NO.
CITY OF EAGAN
RESOLUTION DECLARING OCTOBER 1996
WATER RESOURCES AWARENESS MONTH
WHEREAS, the protection of water resources in Dakota County is essential to
maintaining and enhancing the quality of life in urban and rural areas of the County; and
WHEREAS, the mission of the 1994 Dakota County Water Resources Education
Plan is to provide citizens with the knowledge, understanding, and motivation to protect water
resources; and
WHEREAS,the City of Eagan is committed to protecting its water resources; and
WHEREAS, the City of Eagan has been working both independently and in
partnership with the Dakota County Environmental Education Program and the Metropolitan
Council's Twin Cities Water Quality Initiative to implement water resources education programs
NOW, THEREFORE BE IT RESOLVED that the City of Eagan, proclaims
October as Water Resources Awareness Month; and
BE IT FURTHER RESOLVED, that the City of Eagan will continue to work with
the Dakota County Environmental Education Program and members of the community to
implement water resources education programs.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesot
hereby certify that the foregoing resolution was duly passed and adopted by the City Coun
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this —
day of , 1996.
31
E.J. VanOverbeke, City Clerk
City of Eagan
Agenda Information Memo
October 1, 1996
P. PROJECT NO, 711, DENMARK AVE/TOWN CENTRE 70 - SIDEWALK
ACTION FOR COUNCIL CONSIDERATION: To receive the request from the developer of
the Town Centre 70 - 19th Addition for the installation of a public improvement sidewalk and
authorize the preparation of detailed plans and specifications.
FACTS:
A condition of the Town Centre 70 - 18th (Dairy Queen) and 19th (Car wash) preliminary
plat approvals was the installation of an 8' concrete sidewalk along Denmark Avenue from
Duckwood Drive to the north limits of the development.
The developer has requested the City to install this sidewalk as a public improvement and to
assess the development. The developer acknowledges that they are the only assessable
benefitted property and would like to waive their right to the public hearing process allowing
the City to perform the construction as soon as possible.
With this request, the Council could authorize the preparation of detailed plans and
specification so that it could be added to an existing contract as a change order for formal
approval by Council action at a later date subsequent to the preparation of the development
contract agreement formalizing the developers waiver of the public hearing process.
ATTACHMENTS:
Letter of request, page 33.
3a-
Federal Land
Company
Yankee Square Office II * 3470 Wosn!ngton Drive * 'Suite i 02 * Eagan, Minnesotc 551222
Tel. 612-452-34303 FRX 612252-3362
September 26, 1996
Mr. Thomas Colbert
Director of Public Works
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
SIDEWALK REQUIREMENT FOR PLAT OF TOWN CENTRE 70 NINETEENTH ADDITION
Dear Mr. Colbert:
On Tuesday, September 17 the City Council approved the preliminary subdivision of Town Centre 70
Nineteenth Addition with an added condition that a sidewalk be installed along Denmark Avenue. Eagan
Tower Office Building Partnership accepted the condition, however would prefer the sidewalk be installed
by the City and assessed to the property.
Therefore, this letter shall serve as a written request from Eagan Tower Office Building Partnership to have
the City install the sidewalk. As you discussed with Bruce Miller on the telephone, the City already has unit
pricing for the Yankee Doodle Road corridor improvements and it would appear that a change order to that
contract would be an effective and efficient method to construct this sidewalk. Eagan Tower Office Building
Partnership and Matthew & Taylor, LLC would be willing to consent to a waiver of hearing and have the cost
of the sidewalk assessed to the property on a front foot basis subject to i) review and approval of the costs
and the change order to complete the work and ii) recording of the final plat of Town Centre 70 Nineteenth
Addition.
As you discussed, if acceptable to the City, this issue could be addressed in the Development Contract for
Town 70 Nineteenth Addition.
If you should have any questions or comments regarding this request, please do not hesitate to call Bruce
Miller or myself at 452-3303. Your consideration is appreciated.
Sincerely,
FEDERAL LAND COMPANY
�0� ?- L-ee-11
Martin F. Colon
3 3
RECEIVED SCEP 2 71990
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To authorize the replacement of the Fire Department's 1974 pumper truck with a triple
-ombination pumper/telesquirt vehicle and to authorize the preparation of specifications for bid.
FACTS:
The Fire Department has the opportunity to replace an aging pumper truck with a
combination vehicle which will meet both the pumper and aerial requirements of the City.
The acquisition at this time is anticipated to save in the neighborhood of $70,000, but will
require pre -financing through the use of the department's capital improvements program
all for 1997, 1998 and 1999. The unit would be delivered in late 1997 or early
1998.
tTTACHMENTS:
Staff memorandum on pages Mthrough
&?q
city of eagan
Tom Hedges, City Administrator
Tom Eagan, Mayor
Craig Jensen, Fire Chief
Vehicle Replacement
September 25, 1996
Over the last year, the Eagan Fire Department's Truck Committee has been researching the projected
replacement of the 1978 aerial truck. After a great deal of time and effort, the truck committee has
recommended to the fire department's Executive Board that this truck not be replaced at this time
due to the recent refurbishment and upgrades and should be serviceable for some time. However,
the truck committee has recommended that the 1974 Ford pumper be replaced as soon as possible.
This unit was scheduled for replacement in 1999, but due its recent problems passing the annual
pump certification, the 22 -year old gas engine is getting worn out and may have an extremely hard
time passing the pump test in the future (although it did pass this year). The truck committee has
also completed a very detailed research of equipment to determine if two vehicles could be combined
into one. They investigated the need for a replacement pumper, aerial, rescue vehicle, and a
command vehicle. Upon completion of the investigation, it was agreed that a triple combination
pumper/telesquirt would cover the needs of the fire service and fulfill the ISO rating %Nithout having
to purchase two separate vehicles -a three-quarter million dollar replacement aerial unit, and a
replacement pumper at a cost of a quarter million dollars. The single unit is estimated to cost in the
neighborhood of $375,000.00 to $400,000.00 dollars today and in 1999, the estimated cost of the
same vehicle will be $468,000.00+.
The purchase of this type of vehicle would save the city a large amount of capital outlay. Researe
shows that presently there may still be a trade-in value in the area of $15,000.00 for the 19')
pumper, but in two to three years this truck would worth less that $2,000.00. Since the last IS
rating Eagan has changed greatly with the addition of numerous multi-level hotels, school
apartment buildings, office buildings, and commercial and retail buildings which increase the net
for a second aerial device. NFPA recommends that two aerial devices respond to high hazard cal
which include schools, nursing homes, high rise buildings and other life hazards or large fire loa
buildings.
Tom Hedges, City Administrator
Tom Egan, Mayor
September 26, 1996
Page 2
The truck committee did look into the purchase of a demo vehicle. This option appears to be quite
attractive, but by purchasing a demo vehicle the purchase price could be reduced by approximately
$20,000.00 dollars (prices vary by manufacturer). The question of how many miles would be put
on the truck and how often the truck would be at demos was also addressed. The truck could have
up to 20,000 miles on it and could appear at approximately five shows across the United States but
would have a full warrantee and body and paint condition would be "like new" upon delivery to
Eagan.
Action to be considered:
1. Allow the fire department to advertise for bid on the purchase of a triple combination
pumper/telesquirt;
2. Allow for options of a demo vehicle;
3. Allow for any trade-in dollars be applied towards the truck purchase (to help reduce
cost); and
4. Allow for the capital expenditure of the fire department's allocated revolving
equipment fund of $125,000.00/year for future years 1997, 1998, and 1999 for the
purchase of this unit in late 1997 or early 1998. NOTE: The city would save
substantial financial savings by prepaying for the chassis and the telesquirt prior to
delivery.
,raig,i nse . Fire Chief
:J/kmk
cc: Mike Scott, Truck Committee Chairperson
f��
PF
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
1
1 / 1I ow..'] 1
To authorize submittal of the 1997 Dakota County Landfill Abatement Grant as presented.
FACTS:
The City receives funding assistance for its solid waste abatement program from Dakota County
in the amount of $1.60 per household. Based on Eagan's current household count. the 1997
allocation is $38,738. The funds are utilized to offset the cost of staffs salaries associated with
recycling and solid waste activities. to pay printing and distribution costs for recycling information
and to prepare promotional items and advertisements as appropriate to encourage increased solid
waste abatement activities.
The City continues to enjoy high levels of recycling participation and waste abatement consistent
with State and County requirements.
The Solid Waste Abatement Commission has reviewed the application materials and they are in
order for consideration by the Council at this time.
ATTACHMENTS:
► Application submittals on pages through
31
Attachment 1
I. A. Please provide a brief overview of expected 1997 abatement activities.
During funding year 1997, the city plans to; 1) continue the successful curbside
recycling program it has in place, 2) study the need for the addition of materials to
the curbside recycling program, 3) produce and distribute city wide publications, 4)
make school/community group presentations for educational initiatives in waste
reduction, recycling, yard waste, household hazardous wastes, and additional problem
materials, and 5) increase multi -family recycling opportunities for city residents, 6)
monitor city's new requirement for the licensing of construction and demolition
haulers.
W B. Single Family Recycling Program
1. Total number of households to be served: 13.000 .
2. Frequency of collection: Weekly .
3. Materials collected include all materials listed under Target Community Program.
Mixed mail is collected in addition to the required items.
4. Estimated abatement from curbside collection: 5040 tons.
Multi Family Recycling Program
1. Total number of units served: 10,000.
2. Total number of buildings served:
3. Frequency of collection/collection methods and materials collected:
Multi -family buildings are generally served weekly collection, administered by
property management. Materials collected include: newspaper, beverage cans,
magazines, mixed paper glass, cardboard, food cans, plastic bottles with a
neck.
4. Estimated abatement from multi -family curbside: 760 tons.
X Describe your community's Multi -Family Focus plan to improve multi family recycling
opportunities in 1997 Please be specific. ad
wi
Attachmant 1 (cont.)
The city plans to implement programs to identify current recycling practices to determine which
educational materials can be produced to increase recycling tonnage. Targeted ads, independent
mailings, and promotional pieces will be developed as deemed necessary. We also plan to work
with haulers, property management, and residents of multi -dwelling units to establish these goals.
E. Drop-off center for Recyclable Materials
1. For each drop-off center please provide:
a. Operator: Cub Foods
Address: Cliff Lake Road, Eagan
Hours: same as store hours
Materials collected: aluminum cans, plastic (LDPE) and paper bags
b. Operator: Rainbow Foods
Address: Town Center Drive, Eagan
Hours: same as store hours
Materials collected: Plastic (LDPE) bags
2. Expected abatement from Drop Offs: 6.0 tons.
F. 1. Please provide a brief description of the community's role in yard waste
collection. Estimate expected yard waste abatement tons in 1997.
The community's role in yard waste collection is requiring all licensed haulers
to provide pick-up of yard waste in some manner separate from refuse and
recyclables. The City of Eagan has also provides a conditional use permit to
Empire SMC Compost Services to locate a compost site here within the City
of Eagan for use by Eagan residents and residents from other communities.
Backyard composting is also practiced by many residents and this seems to be
an option that is on the increase.
E
31
Attachment 1 (con't)
G.
H.
2. Expected yard waste abatement from yard waste collection: 660 tons.
Describe your communities public education/promotional activities that will be
undertaken in 1997
Community: In 1997 City staff plans to make community recycling presentations to
at least seven school or community groups.
Residential: Eagan publishes and distributes four city wide newsletters per year,
Each newsletter has a four page section on recycling information. There
will be at least one citywide brochure for the year which will cover
recycling materials reminders. Other pieces, or sections of pieces, will
be based on identified needs within the Multi -Family Focus. An Earth
Day community event will be held in 1997, similar to the event in 1996.
Included were an earthwalk, a no garbage picnic, and other waste reduction,
reuse, and recycling activities.
Describe your community's in house recycling program and reduction program.
There is collection of six items at all city buildings. Materials collected include office
paper, magazines/catalogs, cardboard, aluminum, plastic bottles, and glass containers.
Recycling containers for aluminum cans are placed in several community parks. Through
an employee newsletter, City staff is continually encouraged to reduce, reuse, recycle, buy
recycled, etc. The city continues to increase its purchase of recycled materials.
Describe anticipates efforts to promote implementation of policies -that require all
residences to have waste collection 'service.
Residents of Eagan are required by ordinance to have waste collection, which is
concurrent with State requirements.
3
q�)
Attachment 2
II. 1997 Landfill Abatement Funding Application
1997 Work Plan
1/97 Community Annual Report due
1/97-6/97 Continued program promotion
-multi-family promotion
-2 to 4 school presentations
-2 citywide newsletter distributions with sections on
recycling/waste reduction information
-newspaper display ads
2/28/97
4/97
7/97-12/97
7/97
811/97
10/97
Payment one disbursed
Earth Day Celebration
Continued program promotion
-multi-family promotion
-2 to 4 school presentations
-citywide distribution of flyer
-2 newsletter distributions with sections on recycling/waste
reduction information
-newspaper display ads
Progress Report Due
Payment two disbursed
Waste reduction week activities
Note: Public Education Team Project will be completed as PET need or availability a
Describe the evaluation method to be used in 1997 to measure the effectivene,
your community s landfcll abatement program.
The city will work with other communities in Dakota County to recommend and dE
a resident survey to measure the effectiveness of our program.
4
IV. Budget -Base Fund
January 1, 1997 to Decembei
Administrative Costs:
County Comm
Direct Salaries
18.200 36.40
Direct Mileage
500
Direct Membership/
Training/Subscriptions
250 400
Consultant Services/
and/or Temoprary Help
5.500 2.00(
Software
250 500
Other
Promotional Education:
Printing Costs 8000
Distribution Costs 3000 3000
Advertisements 750
Videos/Billboards 138 500
Promotional Items 1400
Special Events (Displays,
Performance fees, Etc.) 750 500
Other
Total $38.738 $43.3(
A. Base Fund Requested
From County $38,738
Agenda Information Memo
October 1, 1996
S. NEIL ARMSTRONG BLVD - STATE AID STREET, DESIGNATION
ACTION FOR COUNCIL CONSIDERATION: Approve resolutions redesignating 1\
State Aid Street (MSAS) #126 (Neil Armstrong Boulevard) and authorize the Mayor and City Clerk
to execute all related documents.
FACTS:
• Previously, the City had requested and received approval for a Municipal State Aid
designation (126) for a future street through the 200 acres located in the northeast corner of
Lexington and Yankee Doodle Road.
• With the recent preliminary plat approval of the Eagandale Corporate Center Addition, this
previous alignment was no longer feasible.
• Based on the approved preliminary plat layout, the alignment of MSAS #126 should be
redesignated.
• In order to accomplish this realignment, the City Council must pass a resolution revoking the
previous alignment and another resolution of approving the new alignment.
ATTACHMENTS:
• Existing concept alignment for WAS 4126, page
t�
• Proposed new alignment for WAS 4126, page /
• Resolution revoking current designation of WAS 4126, page .
• Resolution requesting new alignment designation for WAS 4126, page
4-:5
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CITY OF EAGAN
RESOLUTION REVOKING MUNICIPAL STATE AID STREETS
WHEREAS, it appears to the City Council of the City of Eagan that the road hereinafter described as
a Municipal State Aid Street under the provisions of the Minnesota laws.
NOW. THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan that the road
described as follows, to wit:
MSAS # Name Termini Length
MSA #126 High Site Drive Lexington Ave. (MSA 111) to Yankee Doodle Rd. (MSA 112) 0.65 miles
be, and hereby is revoked as a Municipal State Aid Street of said City of Eagan, subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified
copies of this resolution to the Commissioner of Transportation for his consideration.
CERTIFIC
CITY OF EAGAN
CITY COUNCIL
BY:.
irbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing
duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a
ig thereof assembled this 1st day of October, 1996.
L1�
CITY OF EAGAN
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Eagan that Neil Armstrong Boulevard
hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law.
NOW. THEREFORE, BE IT RESOLMED, by the City Council of the City of Eagan that the road
described as follows, to wit:
WAS # Name Termini Lenath
MSA 126 Neil Armstrong Boulevard From 550' South of Gemini Road to
Lone Oak Road (CSAR 26) 0.41 Miles
be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the
approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his
approval of the designation of said road or portion thereof, that the same be constructed, improved and
maintained as a Municipal State Aid Street of the City of Eagan, to be numbered and known as MSA 126 - Neil
Armstrong Boulevard.
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
City Clerk
CERTIFICATION
1, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereb
foregoing resolution as duly passed and adopted by the City Council of the City of Eat
Minnesota, in a regular meeting thereof assembled this 1st day of October, 1996.
E.J. VanOverbeke
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
OLD BUSINESS
ACTION TO TO BE CONSIDERED:
To receive the compliance report concerning the conditional use perm
Blacktop at 3.206 Sibley Memorial Highway and approve or deny direction of the revised conditional
use permit application to be heard at the October 22 Advisory Planning Commission meeting.
FACTS:
► In early June, Ron Miller of 3217 Donald Avenue contacted staff stating that Johnson's Richfield
Blacktop, an adjoining property owner, was loading and unloading landscape materials in violation
of a conditional use permit. Staff reviewed the complaint with the City Attorney's office and it
was determined that the existing conditional use permit, which allowed for the outdoor storage of
landscape materials, necessarily included the ability to load and unload those materials as well.
This interpretation was shared with Mr. Miller who indicated that he had other concerns about the
business and that he would provide them to the City in writing for finther investigation. A written
complaint listing alleged violations of the conditional use permit and City Code were received
from Mr. Miller's attorney on August 9 and an investigation of those violations was begun at that
time.
► At the same time, Mr. Miller requested that a public hearing be held to consider revocation of
Richfield Blacktop's conditional use permit. Past City practice and due process requirements
indicated that such a hearing pould not be held until the allegations had been investigated, the
applicant had been given an opportunity to comply with any violations and the appropriate steps
had been exhausted. The City Council confirmed this direction at its meeting of September 3,
1996.
► Staff has completed the follow-up investigation and finds that Richfield Blacktop is in compliance
with the conditions of the conditional use permit with the exception of the location and
construction of the landscape material bins, the location of the outdoor truck storage and the
presence of outdoor storage of a bin of used tires. Richfield has submitted an application for
consideration by the City for a new conditional use permit which would allow these items to
remain as they are on the site.
► Staff also researched the alleged Code violations, including the potential monitoring of
environmental impacts by the MPCA. Either by findings or other circumstances, no violations of
City Code can be proven in these areas.
4
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ATTACHMENTS:
► City Administrator memorandum on pages 5J through
► Staff memorandum on pages �ez-through S-4. s
► Minutes of September 3, 1996 City Council meeting on page %
q�1
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 27, 1996
SUBJECT: RICHFIELD BLACKTOP CONDITIONAL USE PERMIT
MEMO
The City is in receipt correspondence from Ron and Barbara Miller, 3217 Donald Avenue,
and Tim and Jonnel Green, 3225 Donald Avenue listing complaints concerning the
operation of Richfield Blacktop, 3206 Sibley Memorial Highway and requesting a hearing
for revocation of the company's conditional use permit for outdoor storage and a tire
service facility. Following past practice and legal requirements for the investigation and
enforcement of potential conditional use permit violations, City staff performed site
evaluations at both Richfield Blacktop and the Miller's home.
Investigation
The company was in conformance with certain requirements of the conditional use permit
Violations of other requirements were observed which were documented to the company
with a follow up compliance review occuring on September 26. The results of that review
are attached.
In addition, the Millers and Greens cited possible violations of the City Code by Richfield
Blacktop which have also been investigated. An analysis of those items is a part of the
attachment. With respect to the air quality and noise pollution complaints in particular,
it is necessary for the City to coordinate their investigation with the MPCA.
The agency is willing to locate a noise monitor at the Millers' and Greens' properties.
This is necessary because Minnesota law defines noise levels by the location of the
receiver. Mr. Miller has declined to have a monitor located on his property due to the
decreased activity of Richfield Blacktop. This prevents any determination of whether the
noise level exceeds standards. With respect to air quality, the MPCA indicates that they
are unable to monitor and measure impacts of this type and scale between two
properties. The agency's response to the City's request is outlined in the attachment and
staff has asked agency staff to provide a written explanation of the reasons such a
measurement cannot be done.
conclusions
The results of the investigation are that Richfield Blacktop is not in compliance with the
conditions of the permit in three areas: the location and construction of the landscape
S()
material bins, the location of the trucks stored on site and the outdoor storage of a used
tire bin on the site. The firm has submitted a conditional use permit application for City
consideration of these items. The City Attorney's office has advised that due process
would require that this application be considered as the first of the remedies for the
remaining violations.
Review Process
Richfield Blacktop is not in compliance with certain conditions of their conditional use
permit and they have submitted a complete application for a new CUP related to those
conditions. The APC and City Council should hear the application and decide it on its
merits. If it is approved, the company would be in compliance with its CUP and no further
action would be appropriate. City Code defines the use as permitted subject to
conditions. The CUP can only be considered for revocation if those conditions are not
met. If the application is denied, the company would need to correct the non -complying
conditions immediately. If the conditions are not then corrected, the City Council may
order a public hearing for consideration of revocation. This hearing should be
approximately thirty days from the date on which it was ordered. The hearing would be
noticed to the public, the adjacent property owners and the company.
While the basic facts of the matter need to be reviewed by the Council to provide proper
direction, it should be noted to the interested parties that this business item is not the
public hearing on either the new conditional use permit application or permit revocation.
The Council may wish to approach the matter in a manner similar to ordering a public
hearing on a public improvement contract where the discussion of the merits is held after
the public has been noticed and given an opportunity to appear and address the issue.
City Administrator
5 1
city of eagan
MEMO TO: Jon Hohenstein, Assistant to the City Administrator
FROM: Steve Dorgan, Associate Planner
DATE: September 26, 1996
SUBJECT: Lot 5, Block 3, Letendre 2nd Addition
3206 Sibley Memorial Highway (Johnson's Richfield Blacktop)
MEMO
The City performed an inspection of the Richfield Blacktop site on August 20, 1996, in response
to a complaint received regarding possible violations to the CUP's for the property. The inspection
revealed several violations to the CUP's including;
1. No landscaping plan had been submitted to the City for approval.
2. The trucks associated with the business were required to be parked along the
northeast property line. Trucks were parked along the southeast property line.
3. New tires, used tires, and lawn and garden supplies were being stored along the
front of the building.
4. U -Haul trucks were parked along the south property line and were being rented at
the site without a CUP.
5. The storage bins for the landscaping material were located at the northeast corner
of the site. The storage bins were made of concrete blocks instead of wood
timbers.
A follow-up inspection conducted September 26, 1996, revealed the following violations to the
CUP's:
1. The trucks associated with the business were parked at the southeast portion of the
property.
2. A bin of used tires were parked along the side of the building.
3. The storage bins for the landscaping material were located at the northeast portion
of the property. The bins were made of concrete instead of wood.
The complaint was also specific to 3 City Code violations on the property including; lighting, air
pollution and noise pollution standards.
1. An inspection revealed the lighting on the site was typical of residential lighting.
2. The MPCA was contacted regarding the monitoring of air pollution at the site. The
MPCA informed the City the source air quality could not be accurately measured
from one site to another. The City has asked the MPCA to send the City specific
information as to why point source pollution can not be measured.
5.-),
3. The MPCA was contacted regarding the installation of noise monitors at the
complainant's property. The City was informed that noise monitors may be installed
to measure noise levels at adjacent properties to the Richfield Blacktop site. The
complainants were notified in writing on two separate occasions that the noise
monitoring equipment was available and would need to be installed on their property
to verify that a noise violation exists at the Richfield Blacktop site. No request have
been received to installed the noise monitoring devices.
The owners of Richfield Blacktop property have submitted a complete application for a CUP,
including a complete landscape plan, proposing to allow the trucks to be parked along the
southeast property line, the concrete storage bins to be located at the northeast portion of the lot
and the used tire bin to be placed at the site of the building.
If you have any questions regarding this matter you may contact me at ext. 690
cc: Lisa Freese, Senior Planner
Mike Ridley, Senior Planner
sd/memo18.96
53
r
i
MEMO
city of eagan
MEMO TO: File - 3206 Sibley Memorial Highway (Richfield Blacktop)
FROM: Steve Dorgan, Associate Planner
DATE: September 10, 1996
SUBJECT: Outdoor Lighting
In response to a complaint regarding bright light from lamps at 3206 Sibley Memorial
Highway, an inspection was conducted on August 23, 1996, at the property. The
inspection revealed a standard residential street or yard light attached to the rear of the
main building at the Richfield Blacktop site. On this particular light, the light source is
covered by a semi-translucent shroud with an opening at the bottom causing the light to
be direct down. Eagan City Code does not require measurable light levels be maintained
in residential or commercial districts. However, the light is typical of standard street lights
used in residential districts.
Associate PLapxgr
sd/Memo13.96
'S4
city of eacjan
F -0a, -5MD
Dear Mr. Miller:
At the direction of the City Council. and in response to the letter from your attorney dated
August 9, 1996. in which the claim was made that Johnson's Richfield Blacktop was in violation
City Ordinance 10.42, Minnesota Noise Pollution Regulations, the City has contacted the
Minnesota Pollution Control Agency (MPCA) to arrange the installation of a monitoring device
to measure the noise levels on your property. The noise monitoring equipment is available and
may be placed on your property upon your approval.
According to a conversation you had with Jon Hohenstein, Assistant City Administrator, on
September 5. you had stated that the City should not pursue the monitoring of the noise levels
on your property. Please contact me at your earliest convenience as to whether you are
requesting the noise monitoring to be installed on your property. If you choose not to have the
noise monitors installed on your property, the City can not investigate your complaints regarding
the excessive noise levels at Johnson's Richfield Blacktop.
If you have any questions regarding this matter, please do not hesitate to contact me at 681-4690.
Sincerely,
Steve Dorgan
Associate Planner
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122.1897
PHONE: (612) 681-.1600
;AX: (612) 681-4612
00: (612) 454.8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
�56
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681.4300
FAX: (612) 681.4360
TDD: ;612) 454-8535
THOMAS EGAN
September 9, 1996
Mayor
PATRIClA AWADA
SHAWN HUNTER
SANDRA A. MASiN
THEODORE WACHTER
Ron Miller
Council Members
3217 Donald Ave.
THOMAS HEDGES
Easan, MN 55121
City Administrator
_
E. J. VAN OVERSEKE
Re: Noise Monitoring of the Richfield Blacktop Property
City Clerk
Dear Mr. Miller:
At the direction of the City Council. and in response to the letter from your attorney dated
August 9, 1996. in which the claim was made that Johnson's Richfield Blacktop was in violation
City Ordinance 10.42, Minnesota Noise Pollution Regulations, the City has contacted the
Minnesota Pollution Control Agency (MPCA) to arrange the installation of a monitoring device
to measure the noise levels on your property. The noise monitoring equipment is available and
may be placed on your property upon your approval.
According to a conversation you had with Jon Hohenstein, Assistant City Administrator, on
September 5. you had stated that the City should not pursue the monitoring of the noise levels
on your property. Please contact me at your earliest convenience as to whether you are
requesting the noise monitoring to be installed on your property. If you choose not to have the
noise monitors installed on your property, the City can not investigate your complaints regarding
the excessive noise levels at Johnson's Richfield Blacktop.
If you have any questions regarding this matter, please do not hesitate to contact me at 681-4690.
Sincerely,
Steve Dorgan
Associate Planner
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 55122.1897
PHONE: (612) 681-.1600
;AX: (612) 681-4612
00: (612) 454.8535
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
�56
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681.4300
FAX: (612) 681.4360
TDD: ;612) 454-8535
TillcitV oF cagan
Dear Mr. Miller:
In a letter sent to you dated September 9. 1996. you were informed that noise monitoring
equipment was available to be installed on your property by the City to verify vour claims of
City Code violations regarding noise at the Richfield Blacktop site. At that time. the City had
requested you to arrange for a time to have the monitoring equipment installed on your property.
On September 9, 1996. upon receiving the facsimile copy of the letter. you came to City Hall and
informed me you did not want the monitoring equipment installed on your property. You were
asked to submit to the City a letter rejecting the installation of the noise monitoring equipment.
To date, no written correspondence has been received from you by the City denying the monitors
be installed on your property.
Without confirmation in writing that you no longer request the noise monitors be installed on
your property, the City will assume you do not want the monitors installed at this time. If you
have any questions regarding this matter, please do not hesitate to contact me at 681-4690.
Sincerely.
Steve Dor
Associate Planner
sd\letters\117.96
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
3830 KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
:ALAN. N. M MINNESOTA 55122.1867 EGGAN. MINNESOTA 56,1:=
?HONE: (612) 681.460Q PHONE. (012) 681.43C0
FAX: (612) 681-4612 Equal Opportunity/Aff rmaT a .A n Employer
FAX '612) 681.4360
TDD: (612) 154.85 5 TDD 'ht2) 454.8535
THOMAS EGAN
September 23, 1996
M°Y°` I
PATRICIA AWADA
SHAWN HUNTER I
SANDRA A. MASIN
THEODORE WACHTEZ
Council Member.-
embersRon
RonMiller
3217 Donald Ave.
THOMAS HEDGES
City A°ministrotor
Eagan, MN 75 121
E. J. VAN OVERBEKE
C;ty Clerk
Re: Noise yfonitoring of the Richfield Blacktop Property
Dear Mr. Miller:
In a letter sent to you dated September 9. 1996. you were informed that noise monitoring
equipment was available to be installed on your property by the City to verify vour claims of
City Code violations regarding noise at the Richfield Blacktop site. At that time. the City had
requested you to arrange for a time to have the monitoring equipment installed on your property.
On September 9, 1996. upon receiving the facsimile copy of the letter. you came to City Hall and
informed me you did not want the monitoring equipment installed on your property. You were
asked to submit to the City a letter rejecting the installation of the noise monitoring equipment.
To date, no written correspondence has been received from you by the City denying the monitors
be installed on your property.
Without confirmation in writing that you no longer request the noise monitors be installed on
your property, the City will assume you do not want the monitors installed at this time. If you
have any questions regarding this matter, please do not hesitate to contact me at 681-4690.
Sincerely.
Steve Dor
Associate Planner
sd\letters\117.96
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
3830 KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
:ALAN. N. M MINNESOTA 55122.1867 EGGAN. MINNESOTA 56,1:=
?HONE: (612) 681.460Q PHONE. (012) 681.43C0
FAX: (612) 681-4612 Equal Opportunity/Aff rmaT a .A n Employer
FAX '612) 681.4360
TDD: (612) 154.85 5 TDD 'ht2) 454.8535
EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996
PAGE 3
technology. Kristi Peterson, MIS Coordk4br, addressed the Council and added that networking will aid
departments to work more efficiently. She:.W$n .stated ;d:.wilt.help the City relate to other cities and the
community too. Councilmember Wachtaf :O.'5iced-:r}':thls was-.�isisussed In the budget. Hedges stated this
was separate from the upcoming budget,, but was discussed a'year ago by the Council. He noted that GIS
was discussed for the upcoming budget.::Ctiunciimember Wachter stated he did not want any duplication
of services in the budget.
In regard to Item S, Confirm Procedure. Investigation. enforcement and possible revocation.
Richfield Blacktop Company_ Conditional Use Permit, City Administrator Hedges provided an overview and
history of this item. City Attorney Sheldon discussed the chronological history surrounding this issue. He
stated the City has scheduled Septemb$r26 as the•.date to check for compliance on the conditional use
permit issues by Richfield Blacktop CoV*any. Hejzdded that Richfield Blacktop has Indicated they will
request amendments to some of the exis>ing condifidms via a new CUP application. He said that the issue
before the Council is whether the conditions of the'-bMditional use permit are being complied with and not
the use itself. He added that the use has.:been:slet>rinined:to:be:a permitted use, subject to the conditions
of the conditional use permit. He went ot1:tD: ifis i s r�vpcation process for the conditional use permit.
He suggested the Council make the determination on September 26 regarding compliance and also
whether or not to set a public hearing for revocation or make a determination about the request for an
amended conditional use permit that will be before the City Counci at a future datel. He mentioned that
the parties involved have their own remedies they are entitled to seek, apart and separate from any action
the City Council takes.
Councilmember Masin stated the two.main:#NaDleis' are the diesel fumes and the noise associated
with this operation and added that these :tiy.0'..) cies will:: not be addressed with conditional use permit
compliance. Sheldon said that the contlitional,.Use perixjit does not address diesel fumes nor the noise
issues. He added these are use issues'aAd:':ttiis::City,Council has already determined that this is an
appropriate use for the site. He added that noise'. nluhvs.:could exist whether or not this particular
company was at this site. Councilmember Masin as%ed :f3:;>::would be helpful, during the period the
company is coming into compliance, for air quality testing and noise level testing to be conducted. Sheldon
stated that with respect to the conditional use permit and code violations being addressed by staff, these
issues are not being addressed at this time. Sheldon noted the process that is being followed is timely and
quick in regard to due process for all parties. He suggested that If a determination is made that the
company is not in compliance with the terms.,
the conditional use permit, a public hearing date should
be set approximately 30 days out, and the. ijbtifun .thetiit6nduct the hearing and make a determination
regarding revocation. "
Councilmember Hunter stated tW. f the conditions of the conditional use permit are met, then the
use is acceptable. He added that he sii ports follQii♦ ig the same procedure in every instance.
X.
In regard to Item V, Tobacco License�'e11sr W�ie'l4-Spirits. Councilmember Wachter stated he
was voting against this item, and would vote against all tobacco licenses in the future, to ensure the
protection of youth.
F3
Item 1. For information only; no action rei i i d. -.-.r ie%'pssagiti.to be recommended as a Water Production
Maintenance worker is Paul Teicher.
Item 2. It was recommended to approv1$e hiring of Brand ti:Cashman as a Skate Guard at the Eagan
Civic Arena.
57
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve or 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.
FACTS:
The City of Eagan constructed a civic arena during 1995 and is completing the first year of
operation.
Due to demand and the possibility to acquire funding from the Mighty Ducks Capital
Bonding Fund, the City Council directed the preparation of a grant application and retained
the services of ACC Architects to prepare some concept drawings and a cost estimate for
the second sheet of ice. This action was taken in June, 1996 at a regular City Council
meeting.
The City Council in special session on September 17 and at the regular meeting that same
date, determined that it would be in the best interests of the City to delay consideration of
a second sheet of ice until spring/1997 and if the Mighty Ducks funding is available at that
time, consideration would be given to a grant application. This direction was based on
several reasons including the fact that the estimates for the second sheet of ice totalled
$2,182,474 which is higher than the preliminary estimate of the $1.8 million estimate on
which the City based its financing and budget projections for the second sheet of ice.
During the past several weeks, cities in western Dakota County have been contacted by Kirk
Detlefsen and Bob Carlson representing the Western Dakota Ice Center Task Force. They
are proposing that the City of Eagan consider becoming a partner with other western Dakota
County communities in the construction and operation of a multi -sheet ice arena commonly
referred to as the four-plex.
Springsted Incorporated was retained by the task force to prepare a report on the financial
implications of a proposed four-plex.
To date Council deliberations have indicated a preference toward a second sheet of ice being
constructed adjacent to the Civic Arena (first sheet of ice). Many reasons have been
discussed, including economy of scale such as existing staff could run the second ice facility,
location to Eagan residents and the use of existing chilling and maintenance equipment.
&I
Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
ISSUES:
Should the City consider partnership in a four sheet ice complex based on the assumptions
found on page one of the Springsted report or consider a second sheet of ice for the Civic
Arena at the Municipal Center campus. There is no certainty that a Mighty Ducks bonding
bill will be approved by the Legislature in 1997.
ATTACHMENTS:
Enclosed on pages (,00 through 6 Ids a copy of a letter form Kirk Detlefsen on behalf
of the Western Dakota Ice Center Task Force which includes a resolution the city attorney
for Lakeville prepared on behalf of the ice center task force.
Also enclosed without page number is a document prepared by Springsted entitled "Report
for the Indoor Ice Arena Project - September 20, 1996."
S9
Western Dakota County Ice Center Task Force
Kirk Dedefsen, Chairman
2800 E. Cliff Road, Burnsville, MN 55337
Ph: 890-2800 Fax: 895-8345
September 20, 1996
Mr. Thomas Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Tom:
Representatives from the hockey associations of Apple Valley, Burnsville, Eagan, Farmington,
Lakeville, Northfield and Rosemount have formed a task force and have been meeting regularly
for several months to pursue the possibility of forming a partnership between our cities that could
economically construct and operate a multi sheet ice arena in this area. We have received very
positive response to the concept.
In light of the Eagan City Council's decision to not construct a second ice sheet in Eagan at this
time, our group would like to formally invite the City of Eagan to take part in the four sheet ice
center that we are proposing. The opportunity exists to participate as a full share owner of one
rink, or have any degree of partial ownership in one of the rinks.
We are submitting an application to the Minnesota Amateur Sports Commission requesting a
$500,000 Mighty Ducks funding grant. The deadline for submission is October 4, 1996.
At this time, Burnsville and Lakeville have city council meetings scheduled to consider the
attached council resolution. A request for consideration is also being made to the cities of Apple
Valley, Farmington and Rosemount. In conjunction with the Eagan Hockey Association we
respectfully request the opportunity to discuss this at the October 1 Eagan city council meeting.
Many benefits exist for the City of Eagan and the Eagan taxpayers of forming a partnership with
neighboring communities to provide for the indoor ice needs of their residents. We look forward
to the opportunity to discuss these benefits with you.
Sincerely,
Kirk W. Detlefsen
Resolution of the City of Eagan
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Capital
Bonding Fund, provides for capital funds to assist political subdivisions of the state of Minnesota
for the development of sport facilities, and
WHEREAS, the cities of Apple Valley, Burnsville, Eagan, Farmington, Lakeville and
Rosemount have demonstrated a need for additional ice time for their citizens participation in ice
sports, and
WHEREAS, the above mentioned cities recognize the many benefits to their citizens of
forming partnerships with each other, and
WHEREAS, the above mentioned cities recognize the economic savings of construction
of a four sheet ice arena, and
WHEREAS, the above mentioned cities recognize the terrific economic benefit to
Minnesota in general and Dakota County in particular of having a four sheet ice center within our
communities, and
WHEREAS, the MASC has made the offer to accept ownership, provide management
and share in the ice guarantees of a four sheet ice arena, and
WHEREAS, the city of Eagan desires to pursue the opportunity to participate with the
above mentioned cities in the construction and development of the Western Dakota County Ice
Center for the sports of ice hockey, figure skating, ice ringette, roller hockey, indoor soccer and
public ice skating.
Eagan:
NOW, THEREFORE BE IT RESOLVED BY THE City. Council of the city of
1) Estimates that the total cost of developing said facility shall be $10,300,000 and the
above mentioned group of cities are requesting $500,000 from the Mighty Ducks Capital Bonding
Fund.
2) The above mentioned cities desire to form a partnership with each other and negotiate
ownership or participation shares in said sport facility along with the MASC. City staff is directed
to negotiate a joint powers agreement with the other participating cities and the Minnesota
Amateur Sports Commission and bring the proposal back to this council for discussion and
approval.
3) That an application be made to the State of Minnesota, Minnesota Amateur Sports
Commission, to be included in the Minnesota Amateur Sports Commission's (Governor's) Capital
Budget request for an amount presently estimated to be $500,000.
4) That the Eagan City Administrator and/or the Mayor of the City of Eagan is
authorized and directed to execute said application and serve as the official liaison with the
Minnesota Amateur Sports Commission.
I hereby certify that the foregoing resolution is a true and correct copy of the resolution
presented to and adopted by the Eagan City Council at a duly authorized meeting thereof held on
the day of
meeting in my possession.
1996, as shown by the minutes of said
Agenda Information Memo
October 1, 1996 - Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve/deny a Conditional Use Permit for EZ Air Park for outdoor storage to allow a 1,000
gallon propane tank and recreational and commercial vehicles on property located at 2804 Lexington
Avenue.
FACTS:
The applicant is proposing to install a 1,000 gallon above ground propane tank for the purpose of
fueling airport commuter buses used at the parking facility.
The applicant is proposing long-term outdoor storage of recreational and commercial vehicles on
a portion of the site not used for parking. Presently, over 50 commercial and recreational vehicles
and trailers are parked on the site. The outdoor storage of commercial and recreational vehicles was
not approved as part of the previously approved CUP's for the property as part of the application
process, this storage was identified as a violation. To resolve this situation, the applicant has
included this storage in the application.
City Code allows outdoor storage in the Industrial zoned district subject to approval of a Conditional
Use Permit. In addition, fencing and screening is required on Industrial zoned property that has
buildings or parking located within 200 feet of a Residential or Public Facilities zoned district.
The Advisory Planning Commission conducted a public hearing on the proposed Conditional Use
Permit at its regular meeting on September 24, 1996, and recommends approval of the Conditional
Use Permit subject to the 12 conditions outlined in the APC minutes.
ISSUES:
Ten nearby residents attended the neighborhood meeting held on September 12th. Concerns raised
regarding the propane tank and dispenser included: the safety of the tank; the potential for fire;
explosions; and leaks. In regards to the proposal for the outdoor storage of recreational and
commercial vehicles, concerns included: people living in the trailers; work being performed on the
vehicles; size of the vehicles to be stored; maintenance of the existing landscaping and the provision
for screening of the property.
BACKGROUND/ ATTACHMENTS: (2)
APC minutes of September 24,11.99b. ages through_
Staff Report, pages�hrough.
Page 2
September 24, 1996
ADVISORY PLANNING COMUSSION
PUBLIC HEARINGS
CONDITIONAL USE PERMIT
EZ AIR PARK
Chairman Miller opened the next public hearing of the evening regarding a
Conditional Use Permit to allow the outdoor storage of a 1,000 gallon propane tank to
refuel airport buses and the outdoor storage of recreational and commercial vehicles on
property legally described as Park of Lot 7, Plainview Addition and PID Nos. 10-00200-
010-51 and 10-22502-065 located on the east side of Lexington Avenue and south of
Highway 55 in the SWV4 of Section 2.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in the City staff s planning report dated September 10, 1996. Mr.
Dorgan noted the background and history, the existing conditions and the surrounding
uses and the existing conditions of the subject property. Mr. Dorgan further outlined City
staffs evaluation of the applicant's request for a conditional use permit, noting that it
recommends that the location of the propane tank and dispenser fee relocated from the
proposed location to the east side of the property and that a 20 -foot landscaping area be
provided along the property lines that are adjacent to the residential and park properties
and additional screening be provided along the west and south property line adjacent to
the residential districts by installing a wood private fence, a five-foot berm and
landscaping.
Member Burdorf arrived at 6:45 p.m.
Bob Rawlings, of Thermol Gas Company, appeared on behalf of the applicant. Mr.
Rawlings stated that the proposed propane tank meets and will exceed federal, state and
local regulations. Mr. Rawlings introduced Daniel Meyer, the Senior State Coordinator
and Safety Engineer for Thermol Gas Company.
A resident of 1065 Kenneth Avenue and his daughter who resides at 1070 Kenneth
Avenue stated that their main concern is the fire hazards associated with the proposed
propane gas tank. The resident of 1070 Kenneth Avenue presented five newspaper
articles reporting fire and fire hazards associated with propane tanks. A resident of 1066
Kenneth Avenue stated that she has a propane tank for her IV and there is always small
leakage of gas just due to the nature of it. She expressed concern that escaped propane
gas moves to the lowest point and if there is ever a leak of the proposed propane tank near
the residents, the gas may seep into the lower areas of the residences. A resident of 1046
Beatrice Street stated that he works with hazardous materials and stated that federal
regulations prohibit rail cars from transporting propane. He further stated the safety and
Page 3
September 24, 1996
ADVISORY PLANNING COIvMSSION
welfare of children are endangered because the children will be attracted to the propane
tank.
In response to Chairman Miller's inquiry, Planner Dorgan stated that there is no
history of any problems within the City, especially within the subject area, with propane
tanks. He stated that the closest propane tank to a residential area is 200 feet from the
property line, which is in fact the tank on Trans -X property. Daniel Meyer of Thermol
Gas Company advised the Commission that propane is transported into Minnesota by
railroad and in fact can be shipped by aircraft and even federal express. He further
advised that tanks are built under ASME standards with built in safety factors such as
excess safety valve, a pull -apart component for the connection of the hose to the tank in
case of accidental drive -off at the dispenser, and an 80% stop fill valve with a manual
hose. Mr. Meyer further advised that Thermol Gas products comply with the 1995 federal
code requirements even though Minnesota safety standards are under the 1992 federal
code.
In response to Member Frank's inquiry, a representative of EZ Air Park. Inc. stated
that the vehicles currently use gasoline and are converting to propane because it is a
clean -burning fuel which will promote the clean -air act intent. Daniel Meyer noted that
currently one can buy a new F-150 Ford which uses propane fuel; adding that currently
there is no law prohibiting anybody from having a propane vehicle anywhere within the
City. In response to additional questions by Member Frank, Mr. Meyer stated that the
applicant cannot bury an "above ground" container and to do so would be very unsafe and
to provide for "underground" containers, that issue has not been discussed with the
applicant. He further suggested that the tank not be screened with berming because it will
trap the vapors. Mr. Meyer further noted that propane gas will not settle to low ground if
it is open to circulation, rather it will dissipate into the area before it even gets to any of
the neighboring residential properties. In response to Member Frank's inquiry, Frank
Calister, the property manager of the subject site, said that the applicant can move the
tank to the east side of the site, but to do so would be troublesome in that the area is
remote and without electrical services. Mr. Calister stated, however, that he would accept
as a condition of the permit to relocate the tank to the east side of the property. Planner
Dorgan noted that the condition requiring the bearing of the container was based on a
misunderstanding and asked that that condition be stricken.
Member Heyl stated that safety will always be a concern, but over 110,000 gallons
of propane are stored within the immediate area. She stated that the area is guided and
zoned industrial, thus compatible with the designated use and zone. She stated that the
purpose of using the propane fuel is to promote clean air which can only be a benefit to
the surrounding residents. She finrther stated that the proposed use is not incompatible
with the area but would agree that the tank be moved to a location within the site farthest
away from any residential uses.
L�
Page 4
September 24, 1996
ADVISORY PLANNING CONMSSION
At 7:15 p.m., Member Richards left the meeting and was absent during the
remaining agenda items.
In response to an inquiry by a resident, Heidi Fisca, Mr. Meyer advised that all
operators of the propane tank are trained and certified personnel and the propane will
only be used for in-house and not resale.
Chairman Miller closed the public hearing.
In response to Member Segal's inquiry, Mr. Calister advised that the commercial
vehicles presently stored on the subject site include commercial limousines and Hertz
vehicles, in addition to a asphalt sealant truck. Mr. Calister further advised in response to
Member Segal's question that the applicant currently refuels off-site at this point but
refuel at the airport is not possible and propane refuel off-site is available, but not
feasible for the applicant due to location and hours of operation.
Member Segal moved to recommend denial of the conditional user permit for the
propane tank, no Member of the Commission seconded the motion.
Member Heyl moved, Member Frank seconded, a motion to recommend approval
of a Conditional Use Permit to allow the outdoor storage of a 1,000 gallon propane tank
to refuel airport buses and the outdoor storage of recreational and commercial vehicles on
property legally described as Park of Lot 7, Plainview Addition and PID Nos. 10-00200-
010-51 and 10-22502-065 located on the east side of Lexington Avenue and south of
Highway 55 in the SW'/o of Section 2, subject to the following amended conditions:
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.
Page 5
September 24. 1996
ADVISORY PLANNING CONQVUSSION
All approved in favor, except Member Segal opposed on the grounds that the City
should not approve another propane tank simply because there are others currently
existing in the area and because the applicant has the ability to refuel off site.
Member Heyl moved, Member Frank seconded, a motion to recommend approval
of outdoor storage of recreational and commercial vehicles on property legally described
as Park of Lot 7, Plainview Addition and PID Nos. 10-00200-010-51 and 10-22502-065
located on the east side of Lexington Avenue and south of Highway 55 in the SWI/4 of
Section 2, subject to the following amended 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. Screening shall be enhanced by adding a 6' wood privacy fence along the property
lines adjacent to the residential district to the south and west of the proposed site
by June 1, 1997.
8. Required planting and maintenance of landscaping shall be completed by June 1,
1997.
All approved in favor.
612 432 3780
SENT BY: 9-25-96 : 16:01 : SEVERSON SHELDON 681 4694:# 3/24
Page 2
September 24, 1996
ADVISORY PLANNING COMMISSION
PUBLIC HEARINGS
CONDITIONAL USE PERMIT
EZ AIR PARK
Chairman Miller opened the next public hearing of the evening regarding a
Conditional Use Permit to allow the outdoor storage of a 1,000 gallon propane tank to
refuel airport buses and the outdoor storage of recreational and commercial vehicles on
property legally described as Park of Lot 7, Plainview Addition and PID Nos. 10-00200-
010-51 and 10-22502-065 located on the east side of Lexington Avenue and south of
Highway 55 in the SWIA of Section 2.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in the City staff's planning report dated September 10, 1996. Mr.
Dorgan noted the background and history, the existing conditions and the surrounding
uses and the existing conditions of the subject property. Mr. Dorgan further outlined City
staffs evaluation of the applicant's request for a conditional use permit, noting that it
recommends that the location of the propane tank and dispenser fee relocated from the
proposed location to the east side of the property and that a 20 -foot landscaping area be
provided along the property lines that are adjacent to the residential and park properties
and additional screening be provided along the west and south property line adjacent to
the residential districts by installing a wood private fence, a five-foot berm and
landscaping.
Member Burdorf arrived at 6:45 p.m.
Bob Rawlings, of Thermol Gas Company, appeared on behalf of the applicant. Mr.
Rawlings stated that the proposed propane tank meets and will exceed federal, state and
local regulations. Mr. Rawlings introduced Daniel Meyer, the Senior State Coordinator
and Safety Engineer for Thermol Gas Company.
A resident of 1065 Kenneth Avenue and his daughter who resides at 1070 Kenneth
Avenue stated that their main concern is the fire hazards associated with the proposed
propane gas tank. The resident of 1070 Kenneth Avenue presented five newspaper
articles reporting fire and fire hazards associated with propane tanks. A resident of 1066
Kenneth Avenue stated that she has a propane tank for her IV and there is always small
leakage of gas just due to the nature of it. She expressed concern that escaped propane
gas moves to the lowest point and if there is ever a leak of the proposed propane tank near
the residents, the gas may seep into the lower areas of the residences. A resident of 1046
Beatrice Street stated that he works with hazardous materials and stated that federal
regulations prohibit rail cars from transporting propane. He further stated the safety and
SENT BY
612 432 3780
9-25-96 ; 16:02 ; SEVERSON SHELD01 681 4694,* 4124
Page 3
September 24, 1996
ADVISORY PLANNING COMMT$SION
welfare of children are endangered because the children will be attracted to the propane
tank.
In response to Chairman Miller's inquiry, Planner Dorgan stated that there is no
history of any problems within the City, especially within the subject area, with propane
tanks. He stated that the closest propane tank to a residential area is 200 feet from the
property line, which is in fact the tank on Trans -X property. Daniel Meyer of Thermol
Gas Company advised the Commission that propane is transported into Minnesota by
railroad and in fact can be shipped by aircraft and even federal express. He further
advised that tanks are built under ASME standards with built in safety factors such as
excess safety valve, a pull -apart component for the connection of the hose to the tank in
case of accidental drive -off at the dispenser, and an 80% stop fill valve with a manual
hose_ Mr_ Mever further advised that Thermol Gas products comply with the 1995 federal
code requirements even though Minnesota safety standards are under the 1992 federal
code.
to response to Member Frank's inquiry, a representative of EZ Air Park, Inc. stated
that the vehicles currently use gasoline and are converting to propane because it is a
clean -burning fuel which will promote the clean -air act intent. Daniel Meyer noted that
currently one can buy a new F-150 Ford which uses propane fuel; adding that currently
there is no law prohibiting anybody from having a propane vehicle anywhere within the
City. In response to additional questions by Member Frank, Mr. Meyer stated that the
applicant cannot bury an "above ground" container and to do so would be very unsafe and
to provide for "underground" containers, that issue has not been discussed with the
applicant. He further suggested that the tank not be screened with berming because it will
trap the vapors. Mr. Meyer further noted that propane gas will not settle to low ground if
it is open to circulation, rather it will dissipate into the area before it even gets to any of
the neighboring residential properties. In response to Member Frank's inquiry, Frank
Calister, the property manager of the subject site, said that the applicant can move the
tank to the east side of the site, but to do so would be troublesome in that the area is
remote and without electrical services. Mr. Calister stated, however, that he would accept
as a condition of the permit to relocate the tank to the east side of the property. Planner
Dorgan noted that the condition requiring the bearing of the container was based on a
misunderstanding and asked that that condition be stricken.
Member Heyl stated that safety will always be a concern, but over 110,000 gallons
of propane are stored within the immediate area. She stated that the area is guided and
zoned industrial, thus compatible with the designated use and zone. She stated that the
purpose of using the propane fuel is to promote clean air which can only be a benefit to
the surrounding residents. She further stated that the proposed use is not incompatible
with the area but would agree that the tank be moved to a location within the site farthest
away from any residential uses.
SEti7 BY
612 432 3780
9-25-96 : 16:02 : SEVERSON Sl-ELDON 681 4694:# 5/24
Page 4
September 24, 1996
ADVISORY PLANNING COMNUSSION
At 7:15 p.m., Member Richards left the meeting and was absent during the
remaining agenda items.
In response to an inquiry by a resident, Heidi Fisca, Mr. Meyer advised that all
operators of the propane tank are trained and certified personnel and the propane will
only be used for in-house and not resale.
Chairman Miller closed the public hearing.
In response to Member Segal's inquiry, Mr. Calister advised that the commercial
vehicles presently stored on the subject site include commercial limousines and Hertz
vehicles, in addition to a asphalt sealant truck. Mr. Calister further advised in response to
Member Segal's question that the applicant currently refuels off-site at this point but
refuel at the airport is not possible and propane refuel off-site is available, but not
feasible for the applicant due to location and hours of operation.
Member Segal moved to recommend denial of the conditional user permit for the
propane tank, no Member of the Commission seconded the motion.
Member Heyl moved, Member Frank seconded, a motion to recommend approval
of a Conditional Use Permit to allow the outdoor storage of a 1,000 gallon propane tank
to refuel airport buses and the outdoor storage of recreational and commercial vehicles on
property legally described as Park of Lot 7, Plainview Addition and PID Nos. 10-00200-
010-51 and 10-22502-065 located on the east side of Lexington Avenue and south of
Highway 55 in the SWV4 of Section 2, subject to the following amended conditions:
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
landscaping and maintenance of existing
lines adjacent to the residential district.
to the City for approval showing additional
landscaping along the west and east property
4. A fighting plan should be provided showing existing and proposed lighting on the site.
All approved in favor, except Member Segal opposed on the 17ounds that the City
should not approve another propane tank simply because there are others currently
existing in the area and because the applicant has the ability to refuel off site.
Member Heyl moved, Member Frank seconded, a motion to recommend approval
of outdoor storage of recreational and commercial vehicles on property legally described
612-432 3780
SENT BY: 9-25-96 : 16:03 : SEVERSON SHELDON- 681 4694:# 6124
Page 5
September 24, 1996
ADVISORY PLANNING COWWSSiON
as Park of Lot 7, Plainview Addition and PID Nos. 10-00200-010-51 and 10-22502-065
located on the cast side of Lexington Avenue and south of Highway 55 in the SWIA of
Section 2, subjcct to the following amended 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. Screening shall be enhanced by adding a 6' wood privacy fence along the property lines
adjacent to the residential district to the south and west of the proposed site by lune 1,
1997.
8. Required planting and maintenance of landscaping shall be completed by June 1, 1997
All approved in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 10, 1996
APPLICANT: EZ Air Park, Inc.
PROPERTY OWNER: EZ Air Park Inc.
REQUEST: Conditional Use Permit
LOCATION: SW 1/4 Section 2
COMPREHENSIVE PLAN: Limited Industrial (IND)
ZONING: Light Industrial (LI)
JOU,' I_ X110 *11
CASE #: 2 -CU -18-7-96
HEARING DATE: September 24, 1996
PREPARED BY: Steve Dorgan
EZ Air Park Inc. is requesting approval of a Conditional Use Permit (CUP) to allow the outdoor storage
of a 1,000 gallon propane tank with fuel dispenser to refuel airport buses and the outdoor storage of
recreational and commercial vehicles for property (PID # 10-00200-010-51) located on the east side of
Lexington Ave. and south of Highway 55 in the SW 1/4 of Section 2.
F.111 I I1t V Cs ace)t 10
Conditional Use Permit:
City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a
conditional use permit and the Council shall issue such conditional use permits only if it finds that such use
at the proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan
and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with
the existing or intended character of the general vicinity and will not change the essential character
of that area, nor substantially diminish or impair property values within the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police and fire
protection, drainage structures, refuse disposal, water and sewer systems and schools.
7
Planning Report - EZ Air Park CUP
September 24, 1996
Page 2
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be hazardous or detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic congestion or
interfere with traffic on surrounding public streets.
G. WiII not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
City Code Chapter 11, Section 11.40, Subd. 4, D states: In reviewing applications of conditional use
permits, the Planning Commission and the Council may attach whatever reasonable conditions they may
deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of
other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all
cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated in connection therewith are being and will be
complied with.
The EZ Air Park consists of three parcels. The parcel, which lies along the north side of the Mckee Addition
directly adjacent to Lexington Ave., was rezoned as Plainview Planned Development in 1979. The PD
included approval of mixed uses consisting of a garden shop, storage building, and office building. The
approved uses were never implemented.
In 1984, a CUP for the outdoor storage of vehicles was issued for the two parcels at the north end of the
proposed site. The CUP was to allow a 773 car parking lot on the two parcels to be used as a parking facility
for the Minneapolis/ St Paul International Airport.
In 1986, the City Council approved a CUP to expand the site by 8 acres and add an additional 921 parking
spaces to the existing 773 for a total of 1694 parking spaces at the parking facility. The existing CUP's do
not include outdoor storage of recreational and commercial vehicles.
The site is currently used for the parking of automobiles, in addition to the storage of commercial and
recreational vehicles and trailers. Currently there are 1,486 parking spaces located on the site. A house and
garage is also located on the site. The home is used as an office for the EZ Air Park and as a residence for
a the on-site manager and was approved as part of the Plainview PD. A 6' fence completely surrounds the
property. Light standards are located in the parking areas throughout the site. Landscaping, including trees
and shrubs, have been installed along the property line directly adjacent to the residential district to the south
7-3
Planning Report - EZ Air Park CUP
September 24, 1996
Page 3
and west. All of the conditions of the previous CUP's have been met.
Industrial land uses surround the proposed site to the south, east and to the north. A residential district
borders the property to the west. The Trans X trucking facility located to the south of the proposed site,
currently has a 30,000 gallon above ground propane tank and dispenser located at the north end of their
property just east of the residential district. The propane is used for their refrigerated trailers. In addition,
the Mckee buildings have three above ground propane tanks for a total of approximately 80,000 gallons.
The tanks are located along the east property line directly adjacent to the EZ Air Park site. Also, Villaume
Lumber has four 1,000 gallon above ground propane tanks with dispensers which are located just east of the
EZ Air Park site.
The following existing uses, zoning and comprehensive guide plan designations surround the subject
property:
North - ABF Freight Terminal; zoned LI and guided IND
South - Trans X Freight Terminal; zoned LI and Guided IND
East - Villaume Lumber and Hwy 55 McKee Buildings; zoned LI and guided IND
West - McKee Addition; zoned R-1 and guided D -I and Lexington Park; zoned and guided P -Parks
LOM8191ti_ J
City Code requires a Conditional Use Permit for outdoor storage. The applicant is proposing to install a
1,000 gallon above ground propane tank for the purpose of fueling airport commuter buses used at the
parking facility. According to the applicant, the fuel dispenser will be placed in a walk in cabinet that
houses the pump, meter and fire extinguisher. The dispenser will be equipped with an emergency shut off
apparatus.
The propane tank and dispenser are proposed to be located along the west property line directly adjacent to
the residentially zoned district of the subject site. The applicant is proposing this specific location for the
propane tank because it will efficiently serve the circulation of the airport bus traffic. In addition, electrical
service is currently available at the proposed propane tank location.
Also proposed, is the outdoor storage of recreational and commercial vehicles. At the present time, 50-100
commercial and recreational vehicles and trailers are parked on the site. The outdoor storage of commercial
and recreational vehicles had not been approved as part of the previously approved CUP's, but the City has
identified this as a violation, therefore, the applicant is including this outdoor storage as a part of this
application.
Compatibility with Surrounding Area - The proposed outdoor storage appears compatible with the
Planning Report - EZ Air Park CUP
September 24, 1996
Page 4
surrounding properties. The site is completely surrounded by developed land consisting of both industrial
and residential properties.
The recreational and commercial vehicle parking is to be located at the southeast portion of the site as
indicated on the proposed Site Plan. The surrounding properties to the south and east are zoned industrial
and use a portion of their sites for outside storage of trucks and storage tanks.
Site Plan - The applicant is proposing to locate the 1,000 gallon tank and dispenser above ground at the
center of the site directly adjacent to a residential district. The tank and dispenser will be 25' off of the
property line. According to Uniform Fire Code Standards, propane tanks with a capacity of 501-2000
gallons must be located at least 25 feet from a residential building. The tank is proposed to be located
approximately 55 feet from the nearest residential building to the west of the proposed site.
Eventhough the Uniform Fire Code would allow the tank to be placed 25 feet from a residential building,
the relocation of the tank and dispenser to the southeast comer of the lot (opposite the residential district)
would provide additional separation of the proposed use from the residential district. In addition, the
applicant should arrange for the above ground burial of the tank to provide additional safety measures.
Concrete post bollards are proposed to be placed every 4 feet around the tank and dispenser. The bollards
should be placed every three feet to adequately secure the tank and dispenser.
The proposed outdoor storage of commercial and recreational vehicles will be located at the southeast
portion of the site. As indicated on the proposed site plan, the vehicle storage will be directly adjacent to
the industrial properties and 150' setback from the residential properties. All vehicles should be parked in
the designated parking areas on paved surfaces. Commercial vehicles and trailers should be limited to a
maximum of two axles.
Landscaping/Screed - City Code requires fencing and screening be provided on Industrial zoned property
that has buildings or parking located within 200 feet of a Residential or Public Facilities zoned district.
Also, a 20' parking setback is required for properties adjacent to Residential, Agricultural or Public Facilities
zoned districts.
No additional landscaping or screening are proposed for the site. Existing landscaping and screening
including; trees, bushes and a 6 foot cyclone fence are located along the property line adjacent to the
Residential zoned district. Some of the landscaping on the site has not been maintained. The existing fence
and vegetation provide limited screening of the parking area. Limited space is available for the planting of
additional landscaping for screening. Therefore, a 20 foot landscaping area should be provided along the
property lines that are adjacent to the residential and park properties. Additional screening should be
provided along the west and south property line adjacent to the residential district by installing a wood
privacy fence, a 5 foot berm and landscaping.
Access/Circulation - All vehicles will access the site off of Lexington Avenue. Adequate access and internal
circulation is provided throughout the site for both automobiles and emergency vehicles..
PIanning Report - EZ Air Park CUP
September 24, 1996
Page 5
Lighting - Adequate lighting is currently provided throughout the site. However, additional lighting should
be provided at the location of the tank and dispenser.
Ten Eagan residents attended the neighborhood meeting held on September 12th. Concerns raised
regarding the propane tank and dispenser included; the safety of the tank, the potential for fire, explosions,
and leaks. Other concerns expressed were the odor of the gas and the effect of the use on the surrounding
property values. In regards to the proposal for the outdoor storage of recreational and commercial vehicles,
concerns included; people living in the trailers, work being performed on the vehicles, size of the vehicles
to be stored, maintenance of the existing landscaping and the provision for screening of the property.
Kilid-lur_13
The Advisory Planning Commission's review of proposed land use to ensure compatible with surrounding
uses in.the area. The granting of a CUP is based on; the proposed outdoor storage should not be obtrusive
to the area, proposed design and appearance of the outdoor storage appears to be compatible with the
intended character of the general area, and conditions of the operation do not appear hazardous or
detrimental to the health or property of surrounding properties.
The applicant is proposing the outdoor storage of a propane tank in addition to recreational and commercial
vehicles. The site is surrounded by industrial property to the north, east an to the south. A residential
district borders the proposed site to the west. The propane tank and dispenser are proposed to be located
at the center of the site directly adjacent to the residential district. The location of the tank and dispenser
should be relocated to the east side of the,site. The proposed location of the propane tank meets all City
Code setbacks. The outdoor storage of recreational and commercial vehicles appears consistent with the
surrounding uses in the area.
To approve/deny an Conditional Use Permit for EZ Air Park to allow the outdoor storage of a 1,000 gallon
propane tank and the outdoor storage of recreational and commercial vehicles on property located east of
Lexington Avenue and south of Highway 55 in the SW 1/4 of Section 2.
If approved, the Conditional Use Permit shall be subject to the following conditions prior to release of the
CUP for recording:
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 and dispenser buried above ground along the east property line of the site.
7(P
Planning Report - EZ Air Park CUP
September 24, 1996
Page 6
3. A landscape plan shall be submitted to the City for approval showing a 20 foot parking setback with
a 5 foot berm, landscaping and a 6' wood privacy fence along the property line adjacent to the
residential district.
4. A Iighting 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. Commercial 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 area 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.
17
FINANCIAL OBLIGATION - 2 -CU -18-7-96 LOT 79 PLAINVIEW AND OTHER LOTS
There are pay-off balances of special assessments totaling $10,510 on the parcel for which the
conditional use is requested.
At this time, there are no pending assessments on the parcel for which the conditional use permit
is requested.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are noted. The charges are computed using the City's existing
fee schedule and the availability of the City's utility system.
Payment of this financial obligation is not a condition for the approval of the conditional use
permit. It is provided as a service to owner/applicant of the existence of a liability for the
property, if additional connections are made to the City's utility system.
Improvement Use Rate Quantity Amount
Sanitary Sewer Trunk C/I $1,685/Acre 4.7 Ac $ 7,920
Water Availability Charge C/I $2,785/Acre 4.7 Ac 13,090
TOTAL 0
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City of Eagan
Community Development Department
SUBJ=: 'TETE ADVANTAQZS; OF PROPANE AS AN ALTMZNATE FUEC. IN YOUR
CXNWONITY .
Propane, also known as LP gas is the nations third largest motor
fuel source and the most widely used alternative transportation
fuel in the United States and throughout the world.
Based on U.S. D.O.T. estimates, there are more than 350,000 propane
powered vehicles in the United States, and over 3.5 million world
wide. There are 300,000 propane powered fleet vehicles in the
United States.
Propane has been used as a motor fuel since 1913 and is considered
a safe motor fuel by the Federal Government. Tanks are twenty
times more puncture resistant than gasoline tanks. This is an
advantage on the vehicle as well as the storage.
Propane is a non-toxic gas. It will not contaminate soil or ground
water supplies. Therefore, propane is exempt from the EPS's tough
underground storage regulations.
Propane is an approved alternative fuel listed in the 1990 Clean
Air Act. Testas conducted by the EPA show propane emissions to have
93% lower carbon monoxide, 73% lower hydrocarbons and 57% lower
nitrogen oxide than the Federal Clean Air Standards.
How do all these facts apply to EZ Air Park and the City of Eagan?
By putting your stamp of approval on this project, you will be
allowing EZ Air Park to begin to do their part in minimizing the
air pollution problems that now exist in our metropolitan area and
at our airport. The City of Eagan will be considered as a front
runner in the battle to minimize the damages of exhaust emissions
due to vehicles. This is a critical first step in the process.
Together with your cooperation we can all do our part to keep our
people and our communities healthy, happy and prosperous.
3
21630 LILLEHEI AVENUE HASTINGS MINNESOTA 55033 (812) 438.3344
Agenda Information Item
October 1, 1996 Eagan City Council Meeting
B. PLANNED DEVELOPMENT AMENDMENT - BLA KHAWK PARK P.D.
LIFETIME FITNESS,
ACTION TO BE CONSIDERED:
► To approve a Planned Development Amendment to allow a parking lot as a principal use
located on Lot 2, Block 1, Thomas Lake Center located on the southwest corner of
Thomas Lake Road and Thomas Center Drive.
FACTS:
► Lifetime Fitness opened in 1994 and has experienced parking shortages and problems.
► Parking is not permitted on Thomas Center Drive.
► In October 1995 an ordinance amendment was adopted which allows a'business to apply
for a Conditional Use Permit to allow off-street parking as a principal use on another lot.
► The Advisory Planning Commission did hold a public hearing at their regular meeting
September 24, 1996 and they recommended approval of the proposed parking lot subject
to the conditions listed in the APC minutes.
ATTACHMENTS: (2)
APC minutes - pag z . �
Staff report - page
Page 12
September 24. 1996
ADVISORY PLANNING COMMISSION
PLANNED DEVELOPMENT AMENDMENT
LIFETIME FITNESS
Chairman Miller opened the next public hearing of the evening regarding a
Planned Development Amendment to allow parking as a principle use for Lot 2, Block 1,
Thomas Lake Center located on the southwest corner of Thomas Lake Road and Thomas
Center Drive in the SWI/4 of Section 28.
Senior Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in the City staffs planning report dated September 16, 1996. Ms. Tyree noted
the background and history, the existing conditions and the surrounding uses of the
subject property. Ms. Tyree fiurther outlined the City staffs evaluation of the request.
A representative of Lifetime Fitness was present and stated that the coming months
will be the applicant's busy season and therefore a need for additional parking is at its
best. A resident of 4500 Thomas Lake Road stated that the parking issue was raised by
the surrounding residents when Lifetime Fitness originally sought approval for its use.
The resident stated that at that time the applicant said that there will be no problems with
parking and that the proposed parking area is adequate to serve the use. The resident
further noted that his neighbor had expressed concern regarding the lighting and
landscaping on or around the proposed parking lot. Ms. Tyree advised the Commission
that she did in fact speak with the neighbor and advised him that the proposed plan
complies with the code and has adequate screening around the lot, including 42 trees.
Member Heyl moved, Member Frank seconded, a motion to recommend approval
of a Planned Development Amendment to allow parking as a principle use for Lot 2,
Block 1, Thomas Lake Center located on the southwest corner of Thomas Lake Road and
Thomas Center Drive in the SWI/4 of Section 28, subject to the following conditions:
1. The use granted herein is solely for the benefit of Lot 1, Block 1, Safari at Eagan 2nd
Addition for the off-street parking of passenger vehicles.
2. The applicant shall record the Planned Development Amendment at the Dakota
County Recorders Office within 60 days of approval.
3. The Planned Development Amendment shall terminate upon the termination of the
principal use (health club) on Lot 1, Block 1, Safari at Eagan 2nd Addition.
4. The applicant shall submit a landscape and lighting plan for the subject property for
staff review and approval prior to final planned development approval.
Page 13
September 24, 1996
ADVISORY PLANNING CONMSSION
5. The pedestrian crosswalk across Thomas Center Drive shall be constructed in
accordance with the City Pedestrian Crosswalk Policy.
All approved in favor.
Fos
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 16, 1996 CASE iN 28-RZ-18-8-96
APPLICANT: Lifetime Fitness HEARING DATE: September 24, 1996
PROPERTY OWNER: University of St. Thomas PREPARED BY: Shannon Tyree
REQUEST: Planned Development Amendment (off-street parking as a principal use)
LOCATION: Lot 2, Block 1, Thomas Lake Center
COMPREHENSIVE PLAN: CSC - Community Shopping Center
ZONING: PD- CSC - Planned Development Community Shopping Center
SUMMARY OF REQUEST
Lifetime Fitness is requesting a Planned Development Amendment to the Blackhawk Park
Planned Development to allow off street parking as a principal use on Lot 2, Block 1 Thomas
Lake Center. The subject site is a 1 acre parcel located on the north side of Thomas Lake Center,
west of Thomas Lake Drive, south of Thomas Center Drive in the SE 1/4 of Section 28.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11.10 Subd. 1. Off -Street Parking and Outdoor Storage as Conditional Use
Performance Standards states:
1. No off-street parking or outdoor storage, as described in Subparagraph A, shall be
permitted unless the following conditions are met, in addition to those standards set forth
in Subd. 4 of Section 11.40:
a. The dominant parcel, which shall be served by the off-street parking or outdoor
storage on the servient parcel, cannot physically accommodate the parking or
storage needs of the principal use on the dominant parcel;
b. The parcel on which the off-street parking or outdoor storage is located and the
dominant parcel which the off-street parking or outdoor storage serves shall be
within the same zoning districts, provided in R-4 districts, the servient parcel
shall be within a R-4 district, Limited Business "LB", Neighborhood Business
"NB", General Business "GB", Community Shopping Center "CSC", Regional
Shopping Center "RSC", "RB" Access Use, Limited Industrial "I -l", General
Industrial "I-2", and Research/Development District "R -D".
Planning Report - Lifetime Fitness P.D. Amendment
September 24, 1996
Page 2
C. The servient parcel on which the off-street parking or outdoor storage area is
located is a reasonable distance not to exceed 660 feet at the closest point from
the lot line of the dominant lot to be served by the off-street parking or outdoor
storage area;
d. The off-street parking area shall meet the requirements set forth in Section 11. 10,
Subd. 12, herein;
e. The outdoor storage area shall meet the requirements set forth in Section 11. 10,
Subd. 29 (c)(1), except those provisions governing building or height restrictions.
Section 11.10, Subd. 12. Design and Maintenance of Off Street Parking Areas.
A. Drainage. All parking lots except those for less than four (4) vehicles, shall be
graded according to a drainage plan which has been approved by the City Engineer. Catch
basins, sumps, and underground storm sewers may be required and all such lots and driveways
shall be surfaced with a material to control dust and drainage as approved by the City Engineer.
B. Lighting. Any lighting used to illuminate an off street parking area shall be
shaded or diffused so as to reflect the light away from the adjoining property and away from
abutting traffic.
C. All off-street parking areas shall be constructed with curbs or similar barriers to
contain all vehicles.
D. All off- street parking areas for four (4) vehicles or more shall be constructed with
concrete curbs.
E. Where a parking lot for four or more vehicles is located adjacent to or across the
street from a residential use, a solid screen shall be constructed and maintained of not less than
three and one-half feet in height to capture the vehicle light beams and muffle the vehicle noise.
BACKGROUND/HISTORY
Thomas Lake Center was platted in 1987 and there has been no previous development on the
subject lot. The City Code does not specifically identify a parking ratio for health or fitness clubs.
Due to the lack of any code requirement staff used information provided by the Institute of
Traffic Engineers (ITE) and determined that 255 spaces would provide adequate parking based
on the size of the club. Lifetime Fitness was built in 1994 and has experienced parking shortages
at certain peak times.
Planning Report - Lifetime Fitness P.D. Amendment
September 24, 1996
Page 3
In response to observations of increased on -street parking throughout the City, resulting in safety
concerns, the City Council on September 20, 1995 took action to restrict on -street parking at
several locations throughout the City. One of the locations targeted was Thomas Center Drive.
In the past Lifetime Fitness discussed the potential of using Thomas Lake Center for overflow
parking, but the owners of the shopping center would not consider this arrangement.
In October 1995, the City Council approved an amendment to the zoning ordinance regarding off-
street parking. The new ordinance allows a business to apply for a Conditional Use Permit to
allow off-street parking as a principal use on another nearby lot. The ordinance contains a
termination clause wherein the use of the off-street parking lot will terminate if development
occurs on the servient lot and/or if the principal use is terminated.
The ordinance was created in response to business concerns about providing adequate parking
in cases where expansion, growth or peak time will not permit adequate on-site parking. To date,
one conditional use permit has been issued for this type of use, Transport America on Sibley
Terminal Drive.
Early in 1996, staff discussed the application of this ordinance with representatives of Lifetime
Fitness and its potential development of a parking lot on Lot 2 of Thomas Lake Center. Since
that time, Lifetime Fitness has negotiated a purchase agreement with the owner of the property.
Staff has discussed the parking problem with Lifetime Fitness, and noted the observation (that
was documented during the on -street parking discussion in September 1994) that parking in the
front drive aisles and along Thomas Center Drive was occurring even though parking spaces were
available on the east and west sides of the building. It appears as though health club patrons
prefer to park in front of the main door and not along the sides of the building.
XISTING CONDITIONS
The site is currently vacant and was most likely graded when the shopping center was developed
in 1987. The site slopes away from the existing shopping center drive aisle. There are
approximately 10 trees located on site which will be removed for grading. According to the
landscape plan the developer is proposing to plant 68. trees.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Lifetime Fitness Health Club; zoned PD -CSC Community Shopping Center & guided
CSC - Community Shopping Center.
South - Thomas Lake Center strip shopping mall and Video Update, zoned PD - CSC
Community Shopping Center & guided CSC - Community Shopping Center.
East - Large lot single family, zoned R-1, guided D-1 single family (0-3 units/acres).
West - Thomas Lake Center strip shopping mail & Precision Tune; zoned PD CSC - Planned
Development - Community Shopping 9nter7
; guided CSC Community Shopping Center
Planning Report - Lifetime Fitness P.D. Amendment
September 24, 1996
Page 4
EVALUATION OF REOUEST
Lifetime Fitness is proposing the construction of a 69 stall off-street surface parking lot, located
across Thomas Center Drive on Lot 2, Thomas Lake Center. The parking lot would be separated
form the main facility by Thomas Center Drive. The parking lot would be used primarily by
health club employees; however, if this lot would also be available for overflow patron parking.
Com atibility with Surrounding AM - The proposed use of the site as accessory parking to the
health club is unique but appears compatible with the other uses in the commercial shopping
center vicinity. The use of the site for parking will have little impact on the area.
The commercial lot is small, and when setback areas are defined the buildable area is reduced
considerably. Additionally the lot is situated to the north or "behind" the shopping center.
Site - The site plan indicates a parking lot with 69 -ten foot wide stalls. The applicant is
proposing the parking area to be constructed with a bituminous surface, concrete curb & gutter,
lighting, and a storm sewer drainage system in conformance with Chapter 11, Section 11. 10,
Subd. 12, "Design and Maintenance of Off -Street Parking Areas" of the City Code.
Lot - The lot is approximately one acre in size and has 250' frontage along Thomas Lake Road
and approximately 328 feet along Thomas Center Drive.
Setbacks - The proposed parking lot meets all required setbacks.
Landscaping - City Code Section 11.10 Subd. 12. Design and Maintenance of Off -Street Parking
Areas states: "Where a parking lot for four or more vehicles is located adjacent to or across the
street from a residential use, a solid screen shall be constructed and maintained of not less than
three and one-half feet in height to capture the vehicle light beams and muffle the vehicle noise."
East, across Thomas Lake Road, are several residential properties. These are large (5-7 acre),
wooded lots located on Thomas Lake. The closest house structure to the proposed parking lot
parcel is 320', next closest is 520' and the third closest house is located on Cliff Road and is 710'
from the proposed parking lot.
The plan indicates a variety of 41- 6' tall evergreens to be planted along the east property line.
By using evergreens year round screening is achieved.
Grading - The preliminary grading plan is acceptable. The finished grades for the parking lot
on the east edge of the site will be approximately 2 to 5 feet above the existing bituminous trail
on the Thomas Lake Road east boulevard.
to
Planning Report - Lifetime Fitness P.D. Amendment
September 24, 1996
Page 5
Storm Drainage_ - The preliminary drainage plan is acceptable. The parking lot is proposed to
drain through existing storm sewer in the northeast corner of the site in Thomas Lake Road. This
storm sewer drains to Thomas Lake.
Streets/Access/Circulation The parking lot is proposed to take a single public access through an
existing entrance onto Thomas Center Drive. This existing entrance serves the rear service drive
of Thomas Lake Center.
The developer is proposing to provide a pedestrian crosswalk from the northwest corner of the
parking lot, midblock across Thomas Center Drive, to the existing sidewalk along the north side
of Thomas Center Drive. This pedestrian crosswalk and all related appurtenances, including
signage, street striping, and concrete pedestrian ramps on both sides of Thomas Center Drive,
should be constructed in accordance with the City's recently adopted Pedestrian Crosswalk
Policy.
SUMMARY/CONCLUSION
Lifetime Fitness experiences parking shortages at certain peak times and on -street parking is not
available on Thomas Center Drive. The proposed parking lot will be used primarily by
employees allowing health club patrons more parking closer to the main entrance. The parking
lot as proposed meets Code parking lot design criteria.
ACTION TO BE CONSIDERED'
To recommend approval or denial of a Planned Development Amendment to allow for off street
parking as a principal use of Lot 2, Block 1, Thomas Lake Center. If approved, the following
conditions should be applied.
1. The use granted herein is solely for the benefit of Lot 1, Block 1, Safari at Eagan 2nd
Addition for the off-street parking of passenger vehicles of patrons or employees using
the health club.
2. The applicant shall record the Planned Development Amendment at the Dakota County
Recorders Office within 60 days of approval.
3. The Planned Development Amendment shall terminate upon the termination of the
principal use (health club) on Lot 1, Block 1, Safari at Eagan 2nd Addition or
development of Lot 2, Block 1, Thomas Lake Center.
4. The pedestrian crosswalk across Thomas Center Drive shall be constructed in
accordance with the City Pedestrian Crosswalk Policy at the time the parking lot is
constructed.
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Agenda Information Memo
October 1, 1996 - Eagan City Council Meeting
W990071111093 11 MAN -104
ACTION TO BE CONSIDERED:
To approve/deny a Conditional Use Permit for SBA Inc. to allow a 100 foot communication tower
on a portion of the parcel P.I.D. # 10-03600-010-57 on the west side of Highway 3 in southeastern
Eagan just north of Rosemount VFW.
FACTS:
City Code allows communication towers to be located in all zoning districts of the city subject to
approval of a Conditional Use Permit. Communication towers may not exceed 100 feet in height
and must have a setback distance equal to the height of the tower or the distance from the base of
the tower to the nearest property line, whichever is less. The proposed communication tower meets
all height and setback requirements. The City Code also requires that all communication towers will
be subject to the CUP process.
The applicant is proposing a 100 foot tall communication monopole in this area of the City to
improve telecommunication service coverage for areas of Eagan, Rosemount and Inver Grove
Heights. The proposal includes a 100 foot tall monopole with an antenna grouping at 100 feet. The
tower is specifically designed to allow future co -location by other wireless providers. In addition,
a 288 SF equipment building will house radio, computer, and climate control equipment.
► The Advisory Planning Commission conducted a public hearing on the proposed Conditional Use
Permit at its regular meeting on September 24, 1996, and recommends approval of the Conditional
Use Permit subject to the 9 conditions outlined in the APC minutes.
BACKGROUND/ ATTACHMENTS: (2)
APC minutes of Se tem er 24, 1996, pages through l00
Staff Report, page -F through
ILI
J
Page 17
September 24, 1996
ADVISORY PLANNING CONMSSION
CONDITIONAL USE PERMIT - SBA, INC.
Chairman Miller opened the next public hearing of the evening regarding a
Conditional Use Permit to allow a 100 foot tall monopole communication tower and an
equipment building on property legally described as PID No. 10-03600-010-57 located on
the west side of MN State Highway 3 and south of Farm Road in the SWV4 of Section 36.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in the City staffs. planning report dated September 9, 1996. Mr.
Dorgan noted the background and history, the surrounding uses and the existing
conditions of the subject property.
Dale Runkle, a representative of the applicant, advised that the applicant has been
working on a relay frequency design to coordinate with the other antennas SBA, Inc. has
within the City of Eagan. Mr. Runkle stated that the applicant agrees with all the
conditions. No persons from the public were present and the public hearing was closed.
Member Segal moved, Member Frank seconded, a motion to recommend approval
of a Conditional Use Permit to allow a 100 foot tall monopole communication tower and
an equipment building on property legally described as PID No. 10-03600-010-57 located
on the west side of MN State Highway 3 and south of Farm Road in the SW'/4 of Section
36, subject to the following conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval
and submitted to the City.
2. A revised landscape plan shall be provided to the City. The landscape plan shall
show sufficient screening of the proposed equipment building.
The C.U.P. shall be continually subject to the following conditions:
1. The Conditional Use Permit provides for a 100 foot tall communication monopole
and a 180 SF equipment building. No equipment or antennas may be in excess of
100 feet.
2. A building permit shall be obtained for the erection of the monopole and
equipment building.
3. A building elevation of the equipment building shall be provided to the City for
approval prior to issuance of a building permit showing the color and style of the
Page 18
September 24, 1996
ADVISORY PLANNING COMIvUSSION
masonry block used for the building. The architectural design and building
materials shall meet City Code requirements.
4. The 20' wide access drive shall be surfaced with bituminous or concrete for the
first 100 feet.
6. The color of the tower shall be of a light blue or light grey color scheme.
7. The applicant shall provide the City documentation, from a structural engineer,
confirming the structural integrity of the proposed monopole prior to the issuance
of a building permit.
All approved in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 9, 1996
APPLICANT: SBA, Inc.
PROPERTY OWNER: Rosemount VFW Post 9433
REQUEST: Conditional Use Permit
LOCATION: SW 1/4 of Section 36
CASE #: 36 -CU -22-8-96
HEARING DATE: September 24, 1996
PREPARED BY: Steve Dorgan
COMPREHENSIVE PLAN: D -II - Mixed Residential (0-6 units/acre)
ZONING: A - Agriculture
SBA, Inc. is requesting approval of a Conditional Use Permit (CUP) to allow a monopole
communication tower and equipment building on an unplatted parcel of property (P.I.D. # 10-03600-
010-57) located on the west side of State Highway 3 and south of Farm Road in the SW 1/4 of Section
36.
WIti-KeaC"611143-3' "1AA
Conditional Use Permit:
City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend
a conditional use permit and the Council shall issue such conditional use permits only if it finds that such
use at the proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the essential
character of that area, nor substantially diminish or impair property values within the
neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police and
fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
(D 1
Planning Report - SBA, Inc. CUP
September 24, 1996
Page 2
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be hazardous or detrimental to any persons, property or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic congestion
or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
City Code Chapter 11, Section 11.40, Subd. 4, D states: In reviewing applications of conditional use
permits, the Planning Commission and the Council may attach whatever reasonable conditions they may
deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan.
In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees
as it may deem necessary as proof that the conditions stipulated in connection therewith are being and
will be complied with.
The 3.9 acre portion of the proposed site, located within the Eagan City limits, is undeveloped. The
Rosemount VFW Post, located on the southern portion of the lot, is within Rosemount City limits.
Topography on the site slopes inward from the northeast and the southwest. There are no significant
trees, woodlands, or wetlands on the site.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Single Family Residential; zoned Agricultural and guided D -II Mixed Residential
South - Rosemount VFW Post/ Single Family Residential (City of Rosemount); zoned Agriculture and
guided Rural Residential
East - Single Family Residential; zoned Agricultural and guided D -I Single Family Residential
West - Single Family Residential; zoned Agricultural and guided D -II Mixed Residential
Chapter 4 of the Eagan City Code allows communication towers to be located in all zoning districts of
the city subject to approval of a Conditional Use Permit. Communication towers may not exceed 100
feet in height and must have a setback distance equal to the height of the tower or the distance from the
base of the tower to the nearest property line, whichever is less. SBA, Inc. is proposing a 100 foot tall
communication monopole in this area of the City to improve telecommunication service coverage for
areas of Eagan, Rosemount and Inver Grove Heights. The proposal includes a 100 foot tall monopole
Planning Report - SBA, Inc. CUP
September 24, 1996
Page 3
with an antenna grouping at 100 feet. The tower is specifically designed to allow future co -location by
other wireless providers. In addition, a 288 SF equipment building will house radio, computer, and
climate control equipment.
Compatibility with Surrounding Area - The surrounding area is zoned Agriculture, however, the land
use designation for the surrounding properties is for both Single Family and Mixed Residential
development. The City has approved one other communication tower that is near or directly adjacent
to a residential district. In November of 1990, the City Council approved a 100' tall communication
tower with an equipment building along I -35E just south of Deerwood Drive.
Site P - SBA is proposing the monopole tower and 16'x 18' equipment building be located at the
northeast portion of the lot directly adjacent to Highway 3. Access to the site is provided by a 20' wide
private drive from the Rosemount VFW site. The plan indicates that proposed on-site improvements
are limited to the monopole, equipment building and gravel drive.
Monopole Tower - The proposed tower will be visible from adjacent properties because no natural
screening occurs at this site. The applicant has agreed to provide a color for the monopole which is least
obtrusive to the surrounding area.
The development application provided no documentation in regard to structural integrity or the multi-
user capabilities of the proposed tower. This should be provided to the City at the time of building
permit application.
Setbacks - The proposed communication tower and equipment building will meet all City required
setbacks. The monopole is proposed to be located 120 feet from the east property line along Highway
3 and 103 feet from the north property line. The proposed equipment building will be located directly
adjacent to the monopole 95 feet from the' east property line. The building setback for accessory
structures in the Agricultural zoning districts of the City is 5 feet.
Landscaping - The landscape plan should be revised to show specific plantings placed intermittently
around the structures in such a way as to screen the equipment building without drawing attention to the
site. The intermittent landscape planting is required because of the deficiency of natural vegetation and
screening at the proposed location.
Building Exterior - The developer is proposing a masonry block equipment building. The proposed
architectural design and building materials should conform with City Code requirements.
The Advisory Planning Commission's review of the proposed land use is to ensure compatible with
surrounding uses in the area. The granting of a CUP is to be based on; the designated location and
height of the communication tower should not be obtrusive to the area, proposed design and appearance
lC)3
Planning Report - SBA, Inc. CUP
September 24, 1996
Page 4
of the tower appears to be compatible with the intended character of the general area, and conditions of
the operation do not appear hazardous or detrimental to the health or property of surrounding properties.
To approve/deny a Conditional Use Permit for SBA Inc. to allow a 100 foot communication tower on
a portion of the parcel P.I.D. 4 10-03600-010-57 in the SW 1/4 of Section 36.
If approved, the CUP shall be subject to the following conditions prior to release of the CUP for
recording.
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted
to the City.
2. A revised landscape plan shall be provided to the City. The landscape plan shall show sufficient
screening of the proposed equipment building.
The C.U.P. shall be continually subject to the following conditions:
The Conditional Use Permit provides for a 100 foot tall communication monopole and a 180 SF
equipment building. No equipment or antennas may be in excess of 100 feet.
2. A building permit shall be obtained for the erection of the monopole and equipment building.
3. A building elevation of the equipment building shall be provided to the City for approval prior
to issuance of a building permit showing the color and style of the masonry block used for the
building. The architectural design and building materials shall meet City Code requirements.
4. The 20' wide access drive shall be surfaced with bituminous or concrete for the first 100 feet.
6. The color of the tower shall be of a light blue or light grey color scheme.
7. The applicant shall provide the City documentation, from a structural engineer, confirming the
structural integrity of the proposed monopole prior to the issuance of a building permit.
FINANCIAL OBLIGATION - 36 -CU -22-8-96 10-03600-010-57
There are pay-off balances of special assessments totaling $0 on the parcel for which the
conditional use is requested.
At this time, there are no pending assessments on the parcel for which the conditional use permit
is requested.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are noted. The charges are computed using the City's existing
fee schedule and the availability of the City's utility system.
Payment of this financial obligation is not a condition for the approval of the conditional use
permit. It is provided as a service to owner/applicant of the existence of a liability for the
property, if additional connections are made to the City's utility system.
Improvement Use Rate Quantity Amount
No charges are computed because no City utilities are available.
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Case No. 36-cU-22-8-96
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Agenda Information Memo
October 1, 1996 - Eagan City Council Meeting
1 ' O_JO.3101OW11,31I 90 _DievW410 I D10 I I
ACTION TO BE CONSIDERED
To approve/deny the Planned Development Amendment to allow a pylon sign at the Greenmill
Restaurant located on Lot 2, Block 1, Rahncliff4th Addition.
FACTS
► Signage approved for the Holiday Inn Express and the Greenmill restaurant is limited to a
single pylon sign that contains signage for both the hotel and restaurant located along I -35E
on the Holiday Inn Express property and is proposed to remain at this location. The pylon
sign meets sign code requirements for 27' height and 125 square foot sign area.
The sign code allows commercial properties adjacent to freeway right-of-way a pylon sign
and a monument sign on the side of the property opposite the freeway.
The applicant is proposing to install a 27 foot tall 155 SF pylon sign to be used in lieu of a
monument sign on the Greenmill restaurant lot along Rahn Cliff Court. The proposed sign
exceeds the minimum City Code required 300' setback from the existing pylon sign located
on the Holiday Inn property along I -35E. The pylon sign face is proposed to be identical to
the existing sign currently located along I -35E which shows both the Holiday Inn and
Greenmill logos. The proposed sign does not meet sign code requirements for sign area.
► The Advisory Planning Commission conducted a public hearing for a Planned Development
Amendment to Rahncliff 2nd Addition at its regular meeting on September 24, 1996, and
recommends approval of the Planed Development Amendment subject to the 3 conditions
outlined in the APC minutes.
The Advisory Planning Commission discussed the limited visibility of the restaurant and
hotel from Cliff Road and the required visibility of the sign from the Cliff Road and
Highway 77 (Cedar Ave.) intersection as qualification for an MN State Highway logo sign
as reasons of approving the pylon sign.
BACKGROUND/ ATTACHMENTS: (2)
APC minutes of September 24, 1996, pages 1 ough.Z14.
Staff Report, par, sZ, throurp
Page 21
September 24, 1996
ADVISORY PLANNING CONIIvIISSION
PLANNED DEVELOPMENT AMENDMENT
NUE & TORGERSON, L.L.P.
Chairman Miller opened the next public hearing of the evening regarding a
Planned Development Amendment to allow a 27' tall 155 sq. ft. pylon sign for the
Greenmill Restaurant and Holiday Inn Express Hotel located on Lots 1 and 2, Rahncliff
4th Addition located east of Rahncliff Road and south of Rahncliff Court in the NW'/4 of
Section 32.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in the City staff s planning report dated September 4, 1996. Mr.
Dorgan noted the background and history, the surrounding. uses and the existing
conditions of the subject property. Mr. Dorgan further outlined the City staffs evaluation
of the request.
The applicant nor any representative of the applicant was present at the public
hearing. No members of the public were present and the public hearing was closed.
Member Miller inquired whether the approval of the request will increase the
number of pylon signs. Member Frank stated that while the business has great visibility
from the Interstate, once potential customers exit the Interstate, visibility from Cliff Road
is pour because of the road design it is difficult to find from Cliff Road. Member Heyl
stated that the applicant may be backdooring the City in getting a second pylon sign in
light of the fact that it was just recently before the City for approval of the additional 28
square feet sign on the existing Holiday Inn pylon. Chairman Miller noted that the area is
not inundated with pylons and an additional pylon may not defeat the City's concern for
pylons as it would if the area was similar to Town Centre. Member Heyl concurred with
Member Frank stating that visibility for the business from Cliff Road is a legitimate
reason for the City to approve the amendment. Associate Planner Dorgan noted that he
was advised that in order for it to qualify for placement on the Interstate blue "logo"
signs, it needs visible signage from the intersection of Cliff Road and Highway 77 (Cedar
Avenue). Member Heyl added that she supports recommending approval for the requested
amendment on the grounds that Greenmill has (1) poor access; and (2) the pylon sign will
enable Greenmill to have placement on the Interstate logo sign.
Member Heyl moved, Member Segal seconded, a motion to recommend approval
of a Planned Development Amendment to allow a 27' tall 155 sq. ft. pylon sign for the
Greenmill Restaurant and Holiday Inn Express Hotel located on Lots 1 and 2, Rahncliff
4th Addition located east of Rahncliff Road and south of Rahncliff Court in the NW'/4 of
Section 32, subject to the following conditions:
it -5
Page 22
September 24, 1996
ADVISORY PLANNING CONMSSION
1. The Agreement shall be amended to revise Exhibit B of the Rahncliff 2nd
Addition Planned Development Agreement as amended, to allow a pylon sign on
Lot 2 Block 1, Rahncliff 4th Addition.
2. All signage shall conform to the Planned Development Agreement and City Code
requirements.
3. A Planned Development Agreement shall be entered into.
All approved in favor.
l��
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 4, 1996 CASE #: 32-RZ-17-8-96
APPLICANT: Thomas Torgerson HEARING DATE: September 24, 1996
PROPERTY OWNER: Thomas Torgerson PREPARED BY: Steve Dorgan
REQUEST: Planned Development Amendment
LOCATION: 1942 Rahncliff Court
COMPREHENSIVE PLAN: Commercial Planned Development (CPD)
ZONING: Planned Development (PD)
Thomas Torgerson is requesting approval of a Planned Development Amendment to allow a pylon sign
on the Greenmill Restaurant site, Lot 2, Block 1, Rahncliff 4th Addition south of Cliff Road and East of
Rahncliff Road in the Northwest 1/4 of Section 31.
The Rahncliff 2nd Addition Planned Development was created in 1988 and provided a mixture of
commercial uses consisting of 9 lots on 16.8 acres. An amendment to the pylon sign agreement for the
Planned Development occurred in February of 1994, which allowed the existing Holiday Inn pylon sign.
Another amendment to the PD occurred in February of 1995 to allow an addition to the Holiday Inn Express
Hotel and a restaurant on Lot 2, Block 1, Rahncliff 4th Addition. Final Planned Development to allow a
Greenmill Restaurant on the restaurant site was approved April 16, 1996, providing for the existing Holiday
Inn Express pylon sign to be used jointly with the Greenmill restaurant.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations
surround the subject property:
North - Holiday Inn Express; zoned Planned Development (PD) and guided Commercial Planned
Development (CPD)
South - Kettle Park; zoned and guided Park (PK)
East - I -35E
West - Hedlund Engineering Building (under construction); zoned Planned Development (PD) and
guided Limited Business (LB)
/rs
Planning Report - Rahncliff 2nd PD Amendment
September 24, 1996
Page 2
The existing approval is for a 96 SF sign for Holiday Inn Express and a 28 SF sign for the Green Mill
restaurant on the existing pylon sign. The sign is located along I -35E on the Holiday Inn Express property
and is proposed to remain at this location.
City Code allows one pylon sign per building provided pylon signs are not closer than 300 feet from any
other pylon sign. Also, no pylon sign may project more than 27' in height or exceed 125 SF in area per side.
The Final Planned Development for the Greenmill Restaurant showed a monument sign along Rahncliff
Court. City Code allows a pylon sign be used in lieu of a monument sign.
The proposed pylon sign will be more than 300' from the existing pylon sign located on the Holiday Inn
property along I -35E and will be used in lieu of a monument sign along Rahn Cliff Court. The applicant
is proposing to install an additional 27 foot tall pylon sign to be located along Rahncliff Court at the
northwest comer of the Greenmill Restaurant lot. The additional sign is proposed to have an area of 155 SF.
The pylon sign face is proposed to be identical to the existing sign currently located along 1-35E which
shows both the Holiday Inn and Greenmill logos. However, the Holiday Inn Express portion of the sign is
proposed to be increased by 31 SF. The size of the proposed sign should not exceed the limitations imposed
by the City Code.
Recommend approval/denial of a Planned Development Amendment to allow a pylon sign to be located on
the Greenmill Restaurant site located at Lot 2, Block 1, Rahncliff 4th Addition subject to the following
conditions:
1. The Agreement shall be amended to revise Exhibit B of the Rahncliff 2nd Addition Planned
Development Agreement as amended, to allow a pylon sign on Lot 2 Block 1, Rahncliff 4th
Addition.
2. All signage shall conform to the Planned Development Agreement and City Code requirements.
3. A Planned Development Agreement shall be entered into.
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Agenda Information Memo
October 1, 1996 Eagan City Council Meeting
E. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT - ESA
DEVELOPMENT INC.
ACTION TO BE CONSIDERED:
► To recommend approval or denial of the proposed Preliminary Planned Development to
construct a hotel on 2.85 acres (proposed Lot 1, Block 1, Norwest 3rd Addition) located
between Norwest Court and I -35E, subject to the conditions recommended by the
Advisory Planning Commission.
FACTS:
► The applicant is proposing to construct a three story, 122 room efficiency hotel. The
hotel will cater to guest on visits of a week or longer, but will also offer nightly rentals.
All rooms will include a kitchenette and the hotel has an in-house laundry facility for
guest use.
► The proposed site plan meets code requirements for setbacks, parking and building
coverage. The proposed hotel will have three stories and be 42'-3" in height at the top
of the roof peak. This is taller than the maximum height of 35 feet allowed in
commercial districts, however, this is a planned development and the building height
appears compatible with the surrounding area..
► The proposed hotel exterior will consist of red/brown colored split face block on the
bottom story with light cream colored brick on the top two stories. Two signs are
proposed; a monument sign at the entrance off Norwest Court and a pylon sign along the
I -35E frontage. Both signs meet code requirements for size, height and setbacks. No
building signage is proposed.
► A medical clinic development plan and preliminary subdivision of this property - Norwest
3rd Addition, was approved by the City Council in November 1993. The prelimianry
subdivision was reapproved on June 4, 1996 for one year.
► A Final Planned Development Agreement must be executed prior to Final Subdivision and
Final Planned Development approval.
► The Advisory Planning Commission held a public hearing on this request at their regular
meeting on September 24, 1996 and recommends approval subject to the conditions listed
in the APC minutes.
ISSUES: None
BACKGROUND/ATTACHMENTS:
► Staff report, pagesLal through '— -. LQ.3
Minutes of September 24, 1996 APC meeting, pages through I _d L
az-
Page 19
September 24, 1996
ADVISORY PLANNING CONMSSION
PRELIMINARY PLANNED DEVELOPMENT
ESA DEVELOPMENT, INC.
Chairman Miller opened the next public hearing of the evening regarding a
Preliminary Planned Development (Norwest Third Addition) of 2.85 acres legally
described as Outlot A, Norwest 2nd Addition, for a three story hotel consisting of 122
units located between Norwest Court and I -35E in the SW'/4 of Section 28.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in the City staffs planning report dated September 16, 1996. Mr. Ridley noted
the background and history, the surrounding uses and the existing conditions of the
subject property. Mr. Ridley also outlined the City staffs evaluation of the applicant's
request.
A representative of the applicant was available for questions, but noted that he
spoke with all neighboring property owners who indicated no objection to the applicant's
proposal. In response to Member Segal's request, the representative gave a brief
description of the proposed hotel: to be named "Extended Stay America" the proposed
hotel is the economy version of Hampton Suites.
No persons from the public were present and the public hearing was closed.
Member Segal moved, Member Frank seconded, a motion to recommend approval
of a Preliminary Planned Development (Norwest Third Addition) of 2.85 acres legally
described as Outlot A, Norwest 2nd Addition, for a three story hotel consisting of 122
units located between Norwest Court and I -35E in the SW'/4 of Section 28, subject to the
following conditions:
1. All trash/recycling containers shall be stored within the building or in an enclosure
attached to the principal building and constructed with materials to match the principal
building.
2. All rooftop mechanical equipment shall be screened from view.
3. The developer shall provide a fence or railing on top of the retaining walls.
4. The developer shall provide detailed plans and specifications covering the construction
of the retaining walls prior to final plat approval.
5. The developer shall obtain grading easements from the adjacent property owners for any
grading which extends beyond this property (proposed Lot 1, Block 1, Norwest 3rd
Addition).
/a3
Page 20
September 24. 1996
ADVISORY PLANNING CONMSSION
6. The developer shall obtain an ingress/egress easement from the adjacent property owner
for the proposed entrance from the site to Sherman Court prior to final plat approval.
7. The developer shall dedicate a 20 -foot drainage and utility easement over the water main
looped through the development.
8. The developer shall submit a cash mitigation for significant tree/woodland removal in
the amount of $ 5,700 - $12,300, depending on the number of significant trees removed
for this current development proposal.
9. The developer shall be required to install tree protective measures (i.e. 4 foot
polyethylene laminate safety netting) at the drip line or the perimeter of the critical root
zone, whichever is greater, of significant trees/woodlands to be preserved in area of the
proposed driveway extension to Sherman Court.
10. The developer shall contact the City Forestry Division at least five days prior to any site
grading to ensure compliance with the approved Tree Preservation Plan.
11. Approved signage includes the following: a) one pylon sign at the northeast comer of
the site adjacent to I -35E; and b) one monument sign located at the main entrance to the
site off Norwest Court. The pylon sign shall comply with standard size and setback
requirements in the City Code. The monument sign shall comply with standard setback
requirements, and be 4'-6" tall by 5'4,' wide as shown on plans submitted and attached.
12. The developer shall submit a lighting plan indicating light levels (lumens) at the property
edge for staff review prior to final planned development approval.
13. The developer shall plat the property.
14. A Final Planned Development Agreement shall be executed prior to Final Subdivision
and Final Planned Development approval. The following exhibits are necessary for this
Agreement:
* Final Site and Lighting Plan
* Final Building Elevation Plan
* Final Signage Plan
* Final Landscape Plan
Upon submission of these final plan, provided they are in conformance with the
Preliminary PD, the Final PD may proceed to the City Council for approval in
conjunction with the Final Subdivision for Norwest 3rd Addition.
All approved in favor
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 16, 1996
APPLICANT: ESA Development, Inc.
PROPERTY OWNER: Gene Happe
CASE #: 10 -PP -17-8-96
HEARING DATE: September 24, 1996
PREPARED BY: Julie Farnham
REQUEST: Preliminary Planned Development Amendment
LOCATION: Outlot A, Norwest 2nd Addition (proposed Norwest 3rd Addition)
COMPREHENSIVE PLAN: CA - Central Area
ZONING: PD - Planned Development
SUMMARY OF REQUEST
ESA (Extended Stay America) Development, Inc. is requesting approval of a Preliminary
Planned Development Amendment to allow a three story hotel consisting of 122 units on 2.85
acres located between Norwest Court and I -35E in the SW 1/4 of Section 10,
BACKGROUND/HISTORY
The Norwest 1st Addition Planned Development was approved in June 1983 (one year term).
The PD allowed for Limited Business (LB) uses including a bank and medical office
development. The PD comprises three subdivisions; Norwest 1st Addition (final subdivision
approved 6/83 - bank), Norwest 2nd Addition (final subdivision approved 11/85 - medical
facility) and Norwest 3rd Addition (preliminary subdivision approved 11/2/93 and reapproved
6/4/96 for one year).
EXISTING CONDITIONS
The site is undeveloped and covered predominantly with grasses. The site slopes fairly steeply
toward the north and east dropping about 16 feet.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Eagan Athletic Club; zoned GB (General Business), guided CA (Central Area)
South - I -35E and Norwest Bank; zoned PD (Planned Development), guided CA
East - I -35E and Eagan Promenade; zoned PD, guided CA
West - Eagan Family Care Clinic and Cereal Chemists building; zoned PD, guided CA
/a�
Planning Report - ESA Development, Inc.
September 24, 1996
Page 2
EVALUATION OF REQUEST
Proposed Use - The Norwest 1st Addition PD designates this property for limited business uses.
Hotels are not allowed under LB zoning. As such, the applicant is requesting an amendment to
the preliminary PD to allow a hotel. Staff notes that hotels are conditional uses under CSC
zoning and permitted under RB zoning. As such, in evaluating this request, comparisons with
other commercial zoning districts will be made.
The applicant is proposing to construct a three story, 122 room efficiency hotel. The hotel caters
to guests on visits of a week or longer, but will also offer nightly rentals. All rooms will include
a kitchenette and the hotel has an in-house laundry facility for guest use.
Com atibility with Surrounding Area - This site is located in the Central Area and the proposed
hotel should be compatible with the variety of commercial, office and retail uses envisioned for
the major diversified commercial center of Eagan. The hotel use should be compatible with uses
in the immediate surroundings which consist primarily of office and service uses. The
surrounding buildings range from 1 to 2 stories. While the proposed hotel will be 3 stories, it
should not appear out of scale. The proposed hotel design and brick exterior should blend well
with the surrounding buildings, all of which, except the Eagan Athletic Club, are brick.
Setback - All building and parking setbacks meet or exceed code requirements stipulated for
commercial zoning districts.
Parkin ,/Access - The site plan submitted indicates 139 parking spaces, including S that are
handicapped accessible. Code requires 137 spaces for a hotel this size. Parking stalls are
proposed to be 10 feet wide.
Public access is proposed at two locations; one onto Norwest Court in the northwest corner of
the site and the other via a driveway extension onto Sherman Court north of the site. Norwest
Court is a 32 -foot wide street along the west edge of the site which currently serves Norwest
Bank to the south and the medical clinic to the west. Sherman Court is a 42 -foot wide cul-de-sac
which currently serves the Cereal Chemists building south parking lot.
Landscage PlanareePr s rytion - The proposed landscape plan is acceptable. It provides
sufficient screening as well as aesthetic enhancement of the development. Previous clearing of
this property in 1993 as part of the initial development phase resulted in required tree mitigation
of 19 category B trees. This mitigation was never received since the Norwest 3rd final
subdivision has not been finalized. However, it will need to be added to the development
mitigation resulting from the current proposal. As a result of the clearing, there are no significant
trees on the subject site. However, 9 significant trees exist in the area of the proposed driveway
extension to Sherman Court. The grading plan submitted indicates that all .9 trees will be
�a�
Planning Report - ESA Development, Inc.
September 24, 1996
Page 3
removed. Allowable removal for this second phase of development is 30%, resulting in required
mitigation of 11 category A trees, 22 category B trees or 44 category C trees. Total tree
mitigation for both phases of development is 41 category B trees (19 trees from initial phase, 22
trees from current development). Due to limited space on site for trees in addition to the required
landscaping, the APRNRC is recommending a cash mitigation of $12,300 ($5,700 for 19 trees
from initial phase plus $6,600 for current proposal).
Staff notes that shifting the driveway extension to Sherman Court west 5-10 feet could reduce
significant tree removal in that area to only one tree, resulting in no required mitigation for the
current phase of development. This driveway shift would involve a minor relocation of an
existing fire hydrant, however, the applicant is proposing to move the hydrant anyway so this
should not be a problem. Staff has discussed this with the applicant who indicated they would
consider making that change.
Buil inc Desien and Materials - The proposed hotel will have three stories and be 42'-3" in
height at the top of the roof peak. This is taller than the maximum height of 35 feet allowed in
commercial districts. The building will have an "L" configuration with the main entrance on the
west facade. The building coverage is 14% which is less than the maximum coverage allowed
under commercial zoning. The proposed hotel exterior will consist of red/brown colored split
face block on the bottom story with light cream colored face brick on the top two stories.
Window and door trim will consist of dark green aluminum. The roof will be covered in dark
colored asphalt shingles. Twelve building mounted lights are proposed as well as 9 (30 foot tall)
pole lights in the parking lot. A lighting plan indicating the amount of light (lumens) at the
property edge should be submitted for staff review.
Staff suggests that noise attenuation measures be used in the building construction due to the
close proximity of the hotel to the freeway and to minimize airport noise.
Trash/Recycling Enclosure - The trash enclosure will be attached to the northeast comer of the
building. It will consist of split face block to match the building.
Satellite Antenna - A satellite dish antenna is proposed to be located in the southeast corner of
the site. The dish will be about 9 feet in diameter and 7-10 feet in height above grade. The
dish will be solid tan in color. The dish is proposed to be screened with taller landscaping on
three sides and lower, base plantings on the dish transmitting side.
i a e - The proposed signage meets code requirements. Two signs are proposed; a monument
sign and a pylon sign. The monument sign will be located adjacent to the main entrance off
Norwest Court. The sign will be 4'-10"tall (includes 1'-4" split face block base) by 5'-4" wide
and will be internally illuminated.
A pylon sign is also proposed in the northeast corner of the property along the I -35E frontage.
(C=:) 7
Planning Report - ESA Development, Inc.
September 24, 1996
Page 4
The sign will be 27 feet tall and 125 s.f. per sign face. The sign message and design will be
identical to the monument sign and will also be intemally illuminated. The applicant will submit
revised plans that reflect these dimensions.
No building signage is proposed.
Grading - With some modifications, the preliminary grading plan is acceptable. The preliminary
grading plan shows a maximum cut of 4 feet and a maximum fill of 11 feet. The developer is
proposing to construct modular block retaining walls in two locations; one wall, along the east
edge of the site, will be a maximum of 8 feet and the other wall, along the north edge of the site,
will be a maximum of 11 feet in height. Due to the height of these proposed walls, a fence or
railing should be provided on the top of these walls. Detailed plans and specifications covering
the construction of the retaining walls should be provided prior to final plat approval.
The preliminary grading plan shows grading on the adjacent property to the north. Grading
easements should be obtained from the adjacent property owner for this grading prior to final plat
approval.
Storm Praina2e/Water Quality - The preliminary storm drainage plan is acceptable. The
development is proposed to drain via storm sewer to an existing storm sewer stub in the northeast
corner of the site which eventually drains to Pond CP -5. Pond CP -5 is a Class 6 Sediment Basin
located in the northeast corner of Marice Drive and Pilot Knob Road. Since there are no
downstream recreational water bodies, a cash dedication for water quality was recommended as
part of the Norwest 3rd Addition preliminary subdivision.
Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available in the northeast
comer of the site. Water main is available for connection along the south edge of the
development and at the Sherman Court cul-de-sac. The developer is proposing to loop the water
main through the site by connecting to the existing water main at both of these locations.
Easements - The preliminary grading plan shows possible encroachment onto adjacent properties
during the construction of retaining walls. Encroachments will require acquisition of adequate
grading easements before grading can begin. Any encroachment of grading into I -35E right-of-
way will require the appropriate permits from MnDOT.
The developer should obtain an ingress/egress easement from the adjacent property to the north
for the access driveway proposed to connect to Sherman Court.
The developer should dedicate a 20 -foot drainage and utility easement over the proposed water
main looped through the development.
Park Dedication - A cash dedication for parks and trails was recommended as part of the
Planning Report - ESA Development, Inc.
September 24, 1996
Page 5
Norwest 3rd Addition preliminary subdivision and will be collected through the final subdivision
process.
SUMMARY/CONCLUSION
The proposed three story Extended Stay America hotel should be compatible with surrounding
development in terms of use, intensity and design. A hotel is an appropriate use adjacent to the
freeway and in close proximity to the large corporate offices west of Pilot Knob Road. It should
also fit in with the intent of the Central Area to create the City's major diversified commercial
center. The proposed site plan meets code requirements for setbacks and parking. Signage
proposed meets code requirements for size and setbacks. While the proposed 42'-3" building
height is taller than code allows in commercial districts, the proposed building design and
landscaping should result in an attractive development at one of the gateways to the Central Area.
ACTION TO BE CONSIDERED
A. To recommend approval or denial of the proposed Preliminary Planned Development
Amendment to construct a three story (42'-3"), 122 room hotel on 2.85 acres (proposed Lot
1, Block 1, Norwest 3rd Addition) located between Norwest Court and I -35E in the SW 1/4
of Section 10, subject to the following conditions:
1. All trash/recycling containers shall be stored within the building or in an enclosure attached
to the principal building and constructed with materials to match the principal building.
2. All rooftop mechanical equipment shall be screened from view.
3. The developer shall provide a fence or railing on top of the retaining walls.
4. The developer shall provide detailed plans and specifications covering the construction of
the retaining walls prior to final plat approval.
5. The developer shall obtain grading easements from the adjacent property owners for any
grading which extends beyond this property (proposed Lot 1, Block 1, Norwest 3rd
Addition).
6. The developer shall obtain an ingress/egress easement from the adjacent property owner for
the proposed entrance from the site to Sherman Court prior to final plat approval.
7. The developer shall dedicate a 20 -foot drainage and utility easement over the water main
looped through the development.
8. The developer shall submit a cash mitigation for significant tree/woodland removal in the
la�
Planning Report - ESA Development, Inc.
September 24, 1996
Page 6
amount of $ 5,700 - $12,300, depending on the number of significant trees removed for this
current development proposal.
9. The developer shall be required to install tree protective measures (i.e. 4 foot polyethylene
laminate safety netting) at the drip line or the perimeter of the critical root zone, whichever
is greater, of significant treestwoodlands to be preserved in area of the proposed driveway
extension to Sherman Court.
10. The developer shall contact the City Forestry Division at least five days prior to any site
grading to ensure compliance with the approved Tree Preservation Plan.
11. Approved signage includes the following: a) one pylon sign at the northeast corner of the
site adjacent to I -35E; and b) one monument sign located at the main entrance to the site
off Norwest Court. The pylon sign shall comply with standard size and setback
requirements in the City Code. The monument sign shall comply with standard setback
requirements, and be 4'-6" tall by 5'-4" wide as shown on plans submitted and attached.
12. The developer shall submit a lighting plan indicating light levels (lumens) at the property
edge for staff review prior to final planned development approval.
13. The developer shall plat the property.
14. A Final Planned Development Agreement shall be executed prior to Final Subdivision and
Final Planned Development approval. The following exhibits are necessary for this
Agreement:
* Final Site and Lighting Plan
* Final Building Elevation Plan
* Final Signage Plan
* Final Landscape Plan
Upon submission of these final plan, provided they are in conformance with the Preliminary
PD, the Final PD may proceed to the City Council for approval in conjunction with the
Final Subdivision for Norwest 3rd Addition.
l3 0
FINANCIAL OBLIGATION — NORWEST 3RD
There are pay-off balances of special assessments totaling $5,872 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 connections proposed to be made to the City's utility system based on
the submitted plans.
Improvement
None
Use Rate
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Quantity Amount
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