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03/04/1996 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING MUNICIPAL CENTER BUILDING MARCH 4, 1996 6:30 P.M. I. ROLL CALL t PLEDGE OF ALLEGIANCE II. ADOPT AGENDA t APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE BEARD (10 MINUTE TOTAL TIME L=T) IV. DEPARTMENT HEAD SUSIImSS (BLUE) P. A. RATIFICATION OF Fire Department Battalion Chief V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS !,p B. 1995 GENERAL FUND Budget Adjustments I C. APPROVE 1995-96 DARE & Police Liaison Service Agreement with ISD No. 196 D. SET PUBLIC HEARING for Industrial Facilities Development Project L.L.P./ •Master Mechanical Inc. SE. CHANGE ORDERS, Municipal Center Expansion �:�g F. CONTRACT 96-10, Approve Plans/Authorize Advertisement for Bids, Yankee Doodle Road -Bridge Widening G. CONTRACT 96-05, Approve Plans/Authorize Advertisement for Bids, Northridge Drive and Poppppler Lane H. CONTRACT 96-02, Receive Bids/Award Contract, Well #18 Pumping Facilities �•y I. PROJECT 708, Receive Petition/Authorize Feasibility Report, Wescott Road Extension a3 J. CONTRACT 94-R, Acknowledge Completion/Authorize Acceptance, Waterview Addition Streets and Utilities K. APPROVE MUNICIPAL CENTER Construction Close Out Spending Plan and Adjust Budget G L. APPROVE Off -Sale Liquor License for Twin Cities Stores Inc. at 3390 Coachman Road M. FINAL SUBDIVISION, Preusse Addition, located north of Diffley Road, east of Highway 13 and south of Sibley Court .,AN. RESOLUTION OF DENIAL, Comprehensive Guide Plan Amendment for Rottlund Development, located at Diffley Road and 35E 3� 0. REQUEST FROM Northwestern Mutual Life to authorize a change in Development Contract Liability for Eagandale Center Industrial Park 12th Addition from ' Northwestern Mutual Life to MFPC VI. 7:00 - PUBLIC BEARINGS (SALMON) �4,? --A. VACATE PUBLIC POND EASEMENT, Proposed Promenade Development VII. OLD BUSINESS (ORCHID) A. APPROVE Holz Farm Draft Report �• �) B. REQUEST FROM Eagan Evangelical Covenant Church, 4100 Lexington Way, to t extend construction completion date to bring their parking lot into conformance with City code • sj C. CONSIDERATION OF Park Referendum for August 6, 1996 VIII. NEW BUSINESS (TAN) A. RAHN RIDGE 2ND ADDITION, Consider Request to Revise Trunk Utility Connection Charge e IB COMPREHENSIVE GUIDE PLAN AMENDMENT -City of Eagan, to establish a new land : use category called Business Park and redesignate approximately 235 acres from Commercial Planned Development to Business Park, property south of I- q 494, west of TH 149, east of TH 55 40 C. AMENDMENT to Section 11.20 to establish a new use district called Business P Park and REZONING, CITY OF EAGAN, of approximately 235 acres to various zoning districts for property located south of I-494, west of TH 149, east of TH 149 �0 PRELIMINARY PLANNED DEVELOPMENT, INDUSTRIAL EQUITIES, of approximately 50 n acres and PRELIMINARY SUBDIVISION, Robins 2nd Addition of approximately 29 acres located south of I-494, west of TH 149 E. CONDITIONAL USE PERMIT, HI-LEX CORPORATION, to allow outdoor storage of �U ( chlorine bleach chemicals on property located south of Apollo Road and east of Neil Armstrong Boulevard IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. MaNISTRATIVE AGENDA (GREEN) XI. VISITORS TO HE HEARD (for those persons not on agenda) XII. ADJOLTO ENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 1, 1996 SUBJECT: AGENDA INFORMATION FOR MARCH 4, 1996 CITY COUNCIL MEETING After approval is given to the March 4, 1996 City Council agenda and the minutes for the February 6, 1996 Special City Council meeting, the following items are in order for consideration. A. RATIFICATION OF FIRE DEPARTMENT BATTALION CHIEF ACTION TO BE CONSIDERED: To ratify the election of Mark Adam as the Night Battalion Chief for the Eagan Fire Department. FACTS: • Under the by-laws of the Eagan Volunteer Fire Department, the election of officers requires ratification by the City Council. ATTACHMENTS: • Fire Chief memorandum on page. DATE: February 23, 1996 eagan fire department T0: Tom Hedges, City Administrator FROM: Craig Jensen, Fire Chief SUBJECT: Night Battalion Chief Election Results MEMO On Friday, February 9, 1996, Mark Adam was elected to the position of Night Battalion Chief by a margin of 31 votes to 30 over his opponent Bob Kriha. This election was a very close election from the start with 4 original candidates (Pat DiIoia, Dale Wegleitner, Mark Adam, and Bob Kriha) vying for the position at the onset of the election. Through the process of elimination, which resulted in 3 separate election days, Mark Adam was pronounced the winner this evening. Mark is a 17 year veteran of the Fire Department having served as the Station 1 Commander for the past 4 years. Prior to his term as Station Commander, Mark held the title of Captain for 1 year. It is hereby my request that you place this matter on the Council's Agenda for approval at the next City Council meeting. Thank you for your anticipated cooperation. If you have any questions, please do not hesitate to contact me. CJ/kmk on, PAINUTES OF A SPECIAL -MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :February 6, 1996 A special meeting of the Eagan 4;.ftyt, .*Oimdfi &.I.tbkl.-m Tuesday, February 6, 1996 at 5:00 p.m. at the Eagan Municipal Center. Present ;ti63 t iii14**3d Councilmembers Wachter, Masin and Hunter. Absent was Counciimember:Ayrada. Also present were City Administrator Tom Hedges, Community Development Director Peggi. ichert, Director of Pubic Works Tom Colbert, City Attorney Jim Sheldon, Parks and Recreation Directof -i(in Vraa, Utilities Supervisor Wayne Schwan, and Civic Arena Director Todd Burkart. REVIEW CIVIC ARENA DRY FLOOR PROGRAM Parks and Recreation Director .0a handed;out information on sponsoring the Minnesota Valley Home, Garden and Leisure Show. CouWOnembe3:3,i.11achter questioned whether these are the best dates, noting It is the opening weekend of fishlr6Mayor Iftin expressed a concern about having the city sponsor this. Councilmember Masin concurred;:'&"ting thy.'bo other city has done this. Parks and Recreation Director Vraa noted that other conventio........ ;... ms.or evjents, but he isn't aware of other cities sponsoring this particular event. Councilmember'iti!I;if::sk:;i?irt$1ies:this is a one-time event, and Parks and Recreation Director Vraa responded that if it'i 'ia'n ney"fnali+lrr, they would like to continue to sponsor it. Councilmember Masin asked what would be the most the city could lose on this and Civic Arena Director Burkart indicated the most the city could lose is $2,500. After some discussion, the consensus of the Council was to go ahead with this event. HYDRANT USE P.OJACY Director of Public Works Colbert not......kibt: ii!i Q'ity has been contacted by builders, developers, contractors and business owners requ#�'Eisi�:Ofr i6ioilo connect to a city fire hydrant for a temporary supply of water. He noted that city cods ci q*.ngt allow'. is and asked whether the Council would like him to prepare a code amendment and policy'ftx sf�dneru�:•of hydrants by private individuals. He reviewed other cities that allow this type of use -and instances �tiiltitiFi} - vouki have a need for this type of use. Councilmember Wachter indicated a concern about 6bbse of this type of use. Mayor Egan noted there is a potential for damage to the meter. Councilmember Wachter suggested a deposit be paid for use of the hydrant. Mayor Egan asked whether there have been any exceptions made in the past. Utilities Superintendent Schwan indicated there:[en e)(ceiopc, mainly when there were a lot of complaints about dust. Councilmember Hunter indicatet3'that allothis would provide another service to our customers. He feels the city should allow it if it is reA$bnable af4can cover costs. Mayor Egan stated he doesn't favor changing the ordinance because he': I.A..4beria':'are; very, few instances where it would be needed. Councilmember Wachter concurred. giwtc $i if $1*hbted that there was an instance where trees were dying and people could use the hydrarit'to wafer iiia f> des. Considerable discussion followed, and the consensus of the Council was to change the code to allow the use of hydrants with appropriate fees and put it on the Council agenda for approval. Administrator Hedges revieweft'olssue of givin4-ftney to the Caponis for an art park. He noted this issue was raised during the discuspipn of CDBG fundih,U" for the AIDS hospice and other cities giving money for that facility. Another qu4%n .that arose wa$.:hat grounds can be used to tum down a Comprehensive Guide Plan change fq>: EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 6, 1696 PAGE 2 City Attorney Sheldon noted th4i#::ihe city was required by the state legislature to prepare a comprehensive plan in 1978. The plan Wj!l� adopted in 1983; however, the city had its zoning ordinance before the comprehensive guide plan. XThe guide plan acknowledged that there existed a number of conflicts between the two. However, state:4*w:states:t a;:#W is prohibited from rezoning land In conflict with its guide plan or from permitting act`Ivi#tGEiI#t nide pian, and also that if the city amends its guide plan and It results in a conflict wifli'N' o Ing; it'rhiist'rezoned within nine months to eliminate the conflict. In 1985, party in response f0t.-*-iawsult, the legislature amended the law to provide that zoning takes precedence over the comprehensq#.juide plan where there are conflicts between the two. He noted that in 1995, the legislature revisited the law and removed the provision that zoning classifications supersede the comprehensive guide designation. The law now requires that if the comprehensive guide plan is in conflict with the zoning ordinance, the city must bring the zoning ordinance into conformance with the pian. It also states that a city cannot adopt any official control rezoning that is in conflict with the comprehensive plan. He noted that with respect to dW Wons or-wmprehensive guide plan changes, there must be a rational basis for the Council's decision; 1�.. decisio#� thust be based on health, safety and welfare; and the reasons must be articulated in the record: He noted that the creation of zoning districts is a legislative function of the city. One of the Issues involved with this decision is whether this would constitute a taking. He reviewed what constitutes a taking and indicated he doesn't feel it applies here. He noted the decision to get into the golf course business becomes a proprietary function. Using a regulatory function to further a proprietary function creates a perception problem. He noted that receipt of the analysis from Effe> :;Golf Course Systems prior to the land use change can only be viewed by the "losing :patjc".`{�t�jiidiced. Discussion followed concerning the Implication of the preliminary report. Admitri;;# #uX•f�id suggested that the report not be distributed prior to the time the land use decision is made Counciimembet#iunter concurred, and added that staff shouldn't see it either. Community Development DiregW.�fiert added that there are people in the community who feel that the land use issue should be separafe•Wfroq liCipal golf course issue. Mayor Egan asked about neighborhood concerns fterding burden on schools, police and fire services and infrastructure. He feels the people who purchased property in this area had reasonable expectations that this would remain a golf course and they have legitimate concerns about property values. City Attomey Sheldon reviewed the issue of process. He feels the joint meeting with the Advisory Planning Commission is an excellent use of..resources, bA h$. is concemed about not following regular process. Councilmember Hunter noted tbs?E'fast : PtftcaiIts have gone before the APC, heard their concerns, changed their plan and cams i44he 'modified plan and got it approved. The applicants for the Carriage Hills propeo.:+si#iould h4O:bat opportunity as well. Councilmember Wachter expressed a concern about setting a precedent. ,MplYor Egan pointed out that there have been public hearings outside of city hall before.: ;'There a also been joint meetings with commissions. Councilmember Hunter suggested the > :?Di:#ie::d at the meeting whether they would Ike the Council to make a decision that nigCrt tit, itWii:iiitlfig. City Attorney Sheldon noted that the Planning Commission may not make a decision that night. The City Council may not make a decision either. The reason for the public hearing in front of the Advisory Planning Commission Is to have them make a. recommendation, have the Council reflect on the recommendation, and make a decision.. AdtAes suggested that Mark Miller and the Mayor should moderate the public hearing and rA*AV%,-tifF'�rtir�htltf�Cl Ment at the beginning of the public hearing giving all of the possible scenarios. , Councilmember Hunter indicated.,he would Ike to hent both public hearings at the same time. Community Development Director Reicd :noted th�� .the, 1" be out of the church by 11:00 p.m. She EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 3 suggested that the Council be at the pup4: hearing, but make their decision at a regular meeting. The Council wouldn't have to hold another put .hearing. Councilmember Hunter stated he feels the time could be controlled. Mayor Egan indicated it "Id have to be made. clear that interested parties have their chance to speak at the Advisory Plannin,1.C�'Qn,: Community Development Director ;ReiCtiert''i titeii't1 flhe feels the main issues are a balance in housing stock and acreage devoted to o* -space and whether it fits into the city's vision. She noted that an Environmental Impact Statement cat .'-b.o requested if they get 500 signatures, which could be very costly. Mayor Egan addressed the element of trust. People want the decision made as soon as possible. City Attorney Sheldon reviewed the zoning history of this property, noting the zoning was requested by the owner in 1962. The township changed it: zoning to non-profit golf course. He doesn't know if that was at the request of the owner. There is soi6i :confusib* as to whether it is zoned Pubic Facility or Non -Profit Golf Course. The current golf course is rf K-conforrr'ig under the Non -Profit Golf Course zoning. Perhaps the zoning should be changed to allow >:pfofit males golf course. The consensus of the Council v i;t':p'fd:. iO.')MAt:meting and give the public an expectation as to how long testimony will be heard. Dis64691i #ddf6"ia-upcoming how to schedule the evening. At 6:25 p.m., the meeting was suspended until after the regular Council meeting. At 10:30 p.m., the work session was reconvened. (Councilmember Awada was present for this portion of the meeting.) City Attorney Sheldon reviewed the law regarding municipalities making contributions to non-profit organizations such as the Caponi Art Park and the A10$--.- dispice. The reason the city can make a contribution to the AIDS hospice is because::DBf"a:itic]s' are federal dollars and fall under federal guidelines. The money is actually comina;T{oit tfie-C3alioi`a County HRA and the city determines how it will be designated. He reviewed the chrongi 'by of what hof -"happened since 1990 relative to establishing a foundation for the Caponi Art Park. He notee ih"#severai'Council members attended the National League of Cities conference in Phoenix, and brought biWifftossRation relative to the City of Phoenix dedicating 5% of public works projects for art. The City of Eagah"k.." i Tari thority to do that. He reviewed how the Walker Art Museum gets funded, noting they have spa aaiiegislation that allows that type of funding. He Indicated he found a statute in the economic development portion of the statute that could allow this type of contribution. The law says that municipalities can appropriate money for an artistic organization and can be used for programs. Discussion followed. Councilmember Hunter suggested. -ft. Council wait..to see what Tony Caponi comes up with. Councilmember Wachter concurred. CoU;WN�i erAcw'Wg. ted that funding programs would involve less money than buying land. After more di ioni%, is ill efi fi's of the Council was to fax the law to Tony Caponi's attorney and have the City Ai conlWii*him. The meeting adjourned at 10:ci.m. DLP Date City Clerk Agenda Information Memo March 4, 1996 City Council Meeting The following items referred to as consent items require 6ne (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEM'S Item 1. Part -Time Seasonal Program Assistant— ACTION TO BE CONSIDERED: To approve the hiring of Kimberly DeReus as a part-time seasonal Program Assistant for the Parks and Recreation Department. .5 Agenda Information Memo March 4, 1996 City Council Meeting B. APPROVE 1995 GENERAL FUND BUDGET ADJUSTMENTS ACTION TO BE CONSIDERED: To approve the 1995 General Fund budget adjustments. FACTS: The City occasionally makes formal budget adjustments to correct for unforeseen activities or for changing in spending priorities. There are currently five (5) such adjustments proposed to be incorporated into the final 1995 budget. These adjustments are explained in the staff memo. ATTACHMENTS: Staff memorandum pages -T and 10 . NY. _ city of eagan TO: Gene VanOverbeke, Finance Director/City Clerk FROM: Tom Pepper, Assistant Finance Director DATE: February 26, 1996 SUBJECT: 9995 Budget Adjustments MEMO The following 1995 budget adjustments should be considered for approval by the City Council: Increase/ Line Item Deaul (Decrease) 1) 4570 -Police Other Equipment 15,000 3850 -Police Contributions/Donations 15,000 This adjustment reflects a donation from the Eagan Lion's Club for 5 Survival Link defibrillators. 2) 4130 -Cable Sal/Wages—Temp (8,000) 4140 -Cable Accrued Retirement (800) 3918 -Cable BECCC Reimbursement (8,800) This adjustment results from the City of Burnsville paying the cablecasters from their payroll system instead of Eagan's as originally budgeted. 3) 41XX-Police Personal Services 44,200 4715-Unalioc Contingency 16,800 4570 -Police Other Equipment (61,000) This reverses a previous budget adjustment made for the purchase of MDT hardware and software. The Police Dept was unable to procure the equipment before 1996. (An adjustment to the 1996 budget will be addressed separately.) 4) 4XXX-Parks Program Expenditures 5,000 3310 -Parks Federal Grants 5,000 This adjustment reflects Block Grant funds received through the Dakota County HRA for the Wescott Hills Youth program. Increase/ I-ine Item Descd tion (Degrease) 5) 3850 -Police Donations/Contributions 4,200 4220 -Police Operating Supplies 4,100 4414 -Police Dues and Subscriptions 100 This adjustment reflects donations from the Lion's Club for the D.A.R.E. program. s' lwIMmarK The effect of these adjustments is to increase the 1995 General Fund expenditure budget (excluding contingency) by 16,200, from 14,190,500 to 14,206,700. 1995 contingency balance is 131,400. Agenda Information Memo March 4, 1996 City Council Meeting C, APPROVE 1995-1996 D.A.R.E. & POLICE LIAISON SERVICE AGREEMENT WITH SCHOOL DISTRICT #196 ACTION TO BE CONSIDERED: To approve the 1995-1996 D.A.R.E. and police liaison service agreement with School District #196. FACTS: • The City of Eagan has annually participated in collaboration with ISD 196 to provide D.A.RE. instructors in the ISD 196 elementary schools located in the City, of which there are currently eight (8). The City has also provided Police liaison officers in the two (2) ISD 196 middle schools and the high school located in Eagan. • The school district has approved the agreement and is now requesting formal action by the City. • Certain complications at the district have held up consideration of the agreement and 1995 payments have actually been made and services provided per the terms of the agreement. • Eagan will be paid a total of $40,604 under this agreement, $20,936 for D.A.R.E. and $19,668 for police liaison. This revenue has been budgeted in the General Fund. The middle schools and high school will also be paying an additional $17,632 for police liaison from their discretionary budgets. • City staff has reviewed the agreement and recommends approval. ATTACHMENTS: Proposed agreement on pages through �. D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 296 AND CITY OF EAGAN THIS AGREEMENT is made and entered into the day and year set forth below by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland; and WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §275.125, Subd. 6j. NOW THEREFORE, the parties hereto agree as follows: I. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a 17 -week per semester curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $20,936.00 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and C. Law enforcement. MGnfbk �m sa.u•rasn 4. The School District shall pay. the City the amount of $37,300.00, as and for the City's police liaison services to the School District. (� 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. - The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools. 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable in two equal installments due on December 29, 1995, and February 1, 1996. 7. This Agreement is effective for the 1995-1996 school year; upon the expiration of the 1995-1996 school year, this Agreement shall automatically terminate. This Agreement dated this day of 1996. SCHOOL DISTRICT NO. 196: •=t By: Jackie Magnuson Its: Chairperson By: Mary Hamann -Roland Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) CITY OF EAGAN: By: Thomas Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk On this day of , 1996, before me a Notary Public within and for said County, personally appeared JACKIE MAGNUSON and MARY HAMANN- ROLAND, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public :72- Ceapkk AM D*L STATE OF MINNESOTA COUNTY OF. On this day of _ 1996, before me a Notary Public within and for said County, personally appeared THOMAS EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. W - c Dq`s.. n:•rasn l0 Notary Public Agenda Information Memo March 4, 1996 City Council Meeting D. SET PUBLIC HEARING FOR INDUSTRIAL FACILITIES DEVELOPMENT PROJECT - L.L.PJMASTER MECHANICAL, INC. ACTION TO BE CONSIDERED: To approve the resolution setting the public hearing for industrial facilities development project for L.L.P./Master Mechanical, Inc. FACTS: The City has received a request to begin the process of issuing industrial development revenue bonds for L.L.P./Master Mechanical, Inc. The request is to hold the public hearing on April 2, 1996. An inducement resolution would be considered at that meeting. The City issued a number of these bonds in the late 70's and early 80's until law changes significantly reduced eligible projects. The City's general policy at that time was to require only a $500 City application fee to not finance the land purchase (caused applicant equity in the project) and to require private placement and/or letter of credit backing to ensure payment. Staff is recommending that in addition to setting the public hearing the application be directed to the Economic Development Commission for review and comment at its March meeting. ATTACHMENTS: Letter of introduction from applicant's legal counsel on page / Information sheet regarding the applicant on pages and. 2.&W OFFICES BRIGGS AND MORGAN RarTz" D8=ECr 3)1" 39MMER (612)334-8513 Mr. Gene Van Overbeke City Clerk City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 PROFESSIONAL ASSOCLt►TION 11:400 IDS CENTER MINNEAPOLIS, MINNESOTA 56402 TELEPHONE f9121 334-6400 FACSIMILE 46121884-8650 February 27, 1996 Sa.INT PAVL OFFICE 4:1200 MW KATION" RANK EMMINO &Aa4r PAAL,%aXNESOTA E61o1 TELEPEONE las) M-6500 FACWULE bis) OW -6450 Re: Industrial Development Revenue Bonds (PNP, LLP./Master Mechanical, Inc. Project) Dear Gene: Pursuant to our phone conversation, enclosed in connection with the above -referenced transaction are the following revised documents: 1. Information With Respect to the Project 2. Resolution Calling for a Public Hearing 3. Preliminary Inducement Resolution 4.. Application for Approval by DIED I have changed all references to the date of the Resolution Calling for a Public Hearing to March 4.. I've also deleted references to the cost of the land being financed from bond proceeds since it is contrary to the City's policy in industrial revenue bond financings. In fact, the land already has been acquired. I understand that the Resolution Calling for a Public Hearing will be on the City Council's Consent Agenda on March 4 and that no one need attend that meeting. You then expect the matter to be sent to the City's Economic Development Commission which meets on March 28. This body would make a recommendation which would be available at the City Council meeting on April 2 at which time the public hearing will be held. Gordon Peters or another representative from Master Mechanical will be available at the public hearing. cc: If you have any further questions or comments, please let me know. Mr. Gordon Peters (wlencs.) Very truly yours, Trudy J. H I. 2. 3. 745372.2 Information With Respect To PNP, L.L.P.Waster Mechanical, Inc. Project Borrower: PNP, L.L.P., a Minnesota limited liability partnership 901 East 79th Street Bloomington, MN 55420 Attn: Gordon Peters Phone: 851-9911, Extension 222 Fax: 851-9906 Tenant: Master Mechanical, Inc., a Minnesota corporation 901 East 79th Street Bloomington, MN 55420 Attn: Gordon Peters Phone: 851-9911, Extension 222 Fax: 851-9906 Project Description: Acquisition, construction and equipping of an approximately 29,000 sq. ft. facility for the manufacture of duct work systems and other sheet metal manufacturing. The Project will be located on 2.443 acres of land on the northwest corner of the intersection of Neil Armstrong Boulevard and Gemini which is owned by the Borrower and will be leased to Master Mechanical, Inc. The land is currently zoned to accommodate this use. The Borrower expects to start construction in May 1997 and complete in November, 1997. Project Costs: The Borrower will seek tax exempt industrial development bond financing in an amount not to exceed $1,000,000. The estimated Project costs are: Construction of Building and Improvements $ 750,000 Installation of Fixtures and Equipment 250,000 Cost of Issuance 25.000 Total: $1,025,000 �J 4. Project Employment: The Tenant currently employs 20 people at its Bloomington location. Following completion of the Project, the Tenant will employ 35 people (an increase of 15) with an estimated payroll increase of approximately $675,000. In addition, the Tenant estimates that 10 more employees will be hired within one year following completion of construction. 5. Proposed Financing: The proposed financing will consist of up to $1,000,000 in tag exempt industrial development bonds issued by the City of Eagan pursuant to Minnesota Statutes, Section 469.152 through .165.1. The proposed bonds would not constitute a debt of the city or be payable from any funds of or taxes levied by the City but would be payable solely from amounts paid by the Borrower. The Borrower will agree to pay all costs and expenses of the City in connection with the proposed financing. 745372.2 Agenda Information Memo March 4, 1996 Eagan City Council Meeting E,_ CHANGE ORDERS, MUNICIPAL +CENTER EXPANSION ACTION TO BE CONSIDERED: To approve change orders in the amount of $10,323.69 for the Municipal Center project as presented. ATTACHMENTS: • Staff memorandum on pages 1 & through 17. city Of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: FEBRUARY 27, 1996 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS MEMO The City is in receipt of seven change orders for the municipal center remodeling in the net amount of $10,323.69. The changes are described below: 1. Glewwe Doors - Change Order #4/pco #74 - Hardware modifications requested by staff and door modifications to accommodate pre-existing conditions - $800.54. 2. Glewwe Doors - Change Order #5/pco #92 - Backcharge for preparation of door frames for modified hardware - ($153.00). 3. Romark Inc. - Change Order #6/pco #91 - Relocate Community Room air diffuser in existing ceiling - $357.06. 4. Peterson Electric - Change Order #5/pco #84 - Add exterior and interior emergency lights, remount existing exit lights, relocate fixtures and switches from demolished air shaft, relocate switches due to door relocation, additional outlets in the telephone room - $3,946.45. 5. Peterson Electric - Change Order #6/pco #85 - Add outlet and data box in equipment room, provide power to entrance signs, add outlets in open office area for MIS equipment, install monitor power in elevator pit per elevator inspector - $1,754.52. 6. Peterson Electric - Change Order #7/pco #86 - Credit for deleting extra ADA door openers, connect City Hall fire alarm system to Police alarm panel, change light fixtures in upper level restrooms - $1,543.74. 7. Peterson Electric - Change Order #8/pco #86 - Relocation of existing light fixtures, removal of conduits from elevator shaft, add floor outlets for open office locations, add 208 circuit in copy room, connections between existing and new mechanical equipment and be existing smoke detectors to fire alarm and exhaust fan system - $2,074.38. K40 These changes have been reviewed in detail by the consultants and staff. If any Council member wishes additional information, please let me know. 11 Agenda Information Memo March 4, 1996 F. CONTRACT 96-10, YANKEE DOODLE RD BRIDGE WIDENING ACTION FOR COUNCIL CONSIDERATION: To approve the plans for Contract 96-10 (Yankee Doodle Road - 35E Bridge Widening) and authorize the advertisement for a bid opening to be held at 11:00 a.m., on March 29, 1996. FACTS: 0 On January 16, the City Council held a public hearing and subsequently approved Project 695 which provided for the transportation improvements to Yankee Doodle Road. Part of this improvement requires the widening of the Yankee Doodle Bridge over I -35E. • Due to the delivery schedule for the steel bridge beams, it is necessary to break the bridge portion of the project out as a separate contract. 0 These detailed bridge plans and specifications are being presented to the City Council for their consideration of authorizing a formal advertisement for competitive bids. • These bridge plans have been processed through hInDOT and have received all appropriate approvals allowing us to proceed with this contract. Eal Agenda Information Memo March 4,1996 G, CONTRACT 96-05, NORTHRIDGE_DRIVE _& POPPLER LANE ACTION FOR COUNCIL CONSIDERATION: To approve the plans for Contract 96-05 (Northridge Drive & Poppler Lane) and authorize the advertisement for a bid opening to be held at 10:30 am., Tuesday, March 26, 1996. FACTS: On October 5, 1993, a public hearing was held and the installation of streets and utilities within Northridge Drive was approved. The installation of utilities under Contract 95-13 had been awarded by Council action on October 2, 1995. With Northridge Drive being a Municipal State Aid Streets (MSAS), it was appropriate to proceed with this public improvement under a separate contract, Contract 96-05. MSA approval has been received allowing the City to proceed with the contract process. On January 16, 1996, a public hearing was held and the Council subsequently approved the street improvements to Poppler Lane. At the request of the Popplers, this street improvement is being combined with a larger project to try and achieve the economies of scale benefit. Although final plat approval is required prior to contract award, it is anticipated that the City Council will be considering the preliminary and final plat for the Poppler Homestead No. 2 Addition either prior to or at the April 2 Council meeting. The contract documents have been written to allow the City to delete this project from contract award i4 for some reason, the final plat approval process has not been completed. Agenda Information Memo March 4,1996 H. CONTRACT 96-02. WELL NO. 13 ACTION FOR COUNCIL CONSIDERATION: To receive the bids and award Contract 96-02 (Well #18 - Pumping Facilities) to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents, FACTS: • On January 16, the City Council approved the plans and specifications for the site improvements and pumping facilities for Well #18 (adjacent to Cliff Road Water Treatment Facility) and scheduled a bid openin to be held at 10:00 a.m., February 22, 1996. • Enclosed on page o77 is a tabulation of the bids received with a comparison of the low bid to the engineer's estimate. • All bids will be reviewed for conformance to the bid specification documents and any potential extensions/addition errors. Any adjustments will be addressed at the Council meeting if necessary. ATTACHMENTS: / • Bid tabulation, page 1 ,-;ZD WELL NO. 18 SITE IMPROVEMENTS CITY OF.EAGAN, MINNESOTA CITY CONTRACT NO. 96-02, PROJECT NO. 684 ENGINEER'S ESTIMATE: $226,000 (New Watermain Construction) $213,000 (Alternate Watermain Construction) PRELIMINARY REPORT COST ESTIMATE: $170,000 BID DATE: February 22, 1996 BID TIME: 10:00 a.m. New Alternate Bidder Watermain Construction Watermain onstruction Brown & Cris, Inc. $245,813.30 $227,942.55 Penn Contracting $258,113.00 $236,942.55 LOW BID: $245,813.30 $227,942.55 PRELIMINARY REPORT COST ESTIMATE: $170,000.00 $170,000.00 ENGINEER'S ESTIMATE $226,000.00 $213,000.00 DIFFERENCE BETWEEN LOW BID AND: PRELIMINARY REPORT COST ESTIMATE $75,813.30 $57,942.55 + 44.6% + 34.1% ENGINEER'S ESTIMATE $19,813.30 $14,942.55 + 8.8% + 7.0% 1121043-2701. feb C� Agenda Information Memo March 49 1996 L PROJECT 708, WESCOTP ROAD ACTION FOR COUNCIL CONSIDERATION: Receive a petition and authorize the preparation of a feasibility report for Project 708 (Wescott Road - Extension). FACTS: • On Fdxuary 20, the City Council approved the preliminary subdivision for the Kingswood Ponds Addition. One of the conditions of preliminary approval was the requirement to connect the internal local road access to Pilot Knob Road at the existing Wescott Road intersection. • Because part of these improvements extend beyond the boundaries of the Kingswood Pond development, the developer has petitioned the City to perform this work under the public contract process. • In accordance with our standard petition form, the developer has agreed to reimburse the City for all costs incurred if the project is not approved as a result of the public hearing process. Agenda Information Memo March 4,1996 J. CONTRACT 9!k& WATERVIEW ADDTI ON ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 94-R (Waterview Addition - Streets & Utilities) and authorize acceptance for perpetual City maintenance subject to warranty provisions. FACTS: • The installation of public streets and utilities to service the Waterview Addition was performed privately by the developer under the terms and conditions of the development agreement contract (94-R). Waterview Addition is a single-family residential development located south of Fitz Lake between Dodd Road and TH 3. • All work has been satisfactorily performed in compliance with City standards, plans and specifications, field verified by City authorized personnel and certified by the Public Works Department. 0 Agenda Information Memo March 4, 1996 City Council Meeting K. APPROVE MUNICIPAL CENTER CONSTRUCTION CLOSE OUT SPENDING PLAN AND ADJUST BUDGET ACTION TO BE CONSIDERED: To approve the Municipal Center construction close out spending plan and adjust budget. FACTS: City staff is coordinating the final phases of the combined Police Department/Municipal Center project. Remaining portions of the site improvements, signage and building details will be completed this spring. Throughout the project staff and council have worked extremely hard to meet the project budget, to complete a high quality, efficient and user friendly project and to meet the same construction requirements imposed on the private sector. As we approach the end of the project, staff has identified several items that affect the final appearance and cost of construction. This review used expenditures to date as a starting point and has resulted in the following prioritized close out spending plan. Cash Balance at 2-1-96 $193,196 1. Phase 1 Landscaping - Contract (29,647) 2. Irrigation - Contract (43,150) 3. Utility connection - Pool (5,000) 4. Change Orders on City Hall, internal (5,000) 5. signage and carpet borders (5,500) 5. Access door police mechanical unit (4,000) 6. Additional architectural fees (8,200) Discretionary Balance95 7.699 Suggested Items in Priority Order: 1. Balance of Phase I Landscaping ($35,353) 2. Sodding/Seeding (20,000) 3. Sign Allowance (20,000) 4. Screen roof top equipment (5,000) 5. Modification to existing sign 200 Contingency Balance 51 The $5,000 roof top mechanical equipment screening and the $1,200 sign modification amounts will also both be held as part of the contingency balance until such time as current estimates become final costs and it is determined that budgeted funds are actually available. Agenda Information Memo March 4, 1996 City Council Meeting • There is no allocation remaining for fixtures and furnishings in City Hall. The amount originally budgeted has essentially financed all unfavorable budget variances in the other aspects of this combined project. A comprehensive fixtures and furnishings plan will be prepared and then addressed in future capital budgets. • The Phase I landscaping amount of $65,000 ($29,647 contract and $35,353 allowance) leaves an obligation for future phases of $75,000 to meet the code requirements of $140,000 total expenditures for a project of this size. Significant areas of the site will be seeded to athletic field specifications at $.21 per square yard versus sodded at $1.45 per square yard. The timing will of course be longer for turf establishment, however, the end product will be the same. This change saves approximately $8,800. • This plan is consistent with the previously agreed upon decision to concentrate on the bricks and mortar and code related improvements. • Staff is recommending that the overall project budget be increased by $34,100 to providing funding for the ADA required sidewalk west of the Civic Arena. This obligation was added as a site cost with no identified funding source in lieu of putting an elevator in the Civic Arena. This budget increase is recommended to be financed from interest earnings on construction fund balances. Upon project completion, staff will prepare and present a comprehensive analysis of project budgets and expenditures. Agenda Information Memo March 4, 1996 Eagan City Council Meeting L. APPROVE OFF -SALE LIQUOR LICENSE FOR TWIN CITIES STORES INC. (a) 3390 COACHMAN ROAD ACTION TO BE CONSIDERED: To approve an off -sale non -intoxicating malt liquor license for Twin Cities Stores, Inc., dba Oasis Market, at 3390 Coachman Road as presented. FACTS: • The City is in receipt of an application for an off -sale beer license from Joseph Malone on behalf of Twin Cities Stores, Inc., which is operating the Oasis Market at the former location of the Brooks Superette at the corner of Yankee Doodle Road and Coachman Road. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo March 4,1996 Eagan City Council Meeting M. FINAL SUBDIVISION. - PREUSSE ADDITION ACTION TO BE CONSIDERED To approve or deny a Final Subdivision for Preusse Addition located north of Diffley Road, east of Highway 13, and south of Sibley Court. FACTS 01 Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS (1) Final Plat Mapes . PREUSSE ADDITION IL .. emx, ww. di / ....ikWh •80Fog UIM SURVEYING. RSC. `7 v'C Agenda Information Memo March 4, 1996 Eagan City Council Meeting N. RESOLUTION OF DENIALCOMPREHENSIVE GUIDE PLAN AMENDMENT ROTTLUND DEVELOPMENT, LOCATED AT DIFFLEY RD & I -35E ACTION TO BE CONSIDERED: To adopt the Resolution of Denial for Rottlund Companies' comprehensive guide plan amendment for property located in the northeast quadrant of I -35E and Diffley Road. FACTS: At its meeting of February 20, the Eagan City Council considered a proposal by Rottlund Companies to change the comprehensive guide designation from D -H (Mixed Residential) to Roadside Business for 8 acres of property at the above -referenced location. The City Council directed preparation of a Resolution of Denial of the amendment which is before the Council for consideration this evening. ATTACHMENTS: z� • A copy of the Resolution on pages/,'/?q through_ '�f SMT BY: R-94% 3- 1-96 ; 1:27PM ; SEY RSM SHMDON 612 681 4612;# 9/10 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA in Re: Petition by Rottlund Company to Amend the Land Use Designation Section of the Comprehensive Gude Plan FINDINGS OF FACT, from D -II, Mixed Residential (0-6 units/per acre) CONCLUSIONS, to RB (Roadside Business) for 8 Acres of Unplatted AND RESOLUTION Property Located at the Northeast Intersection of Interstate 35E and County Road 30 (Diffley Road) in the Southeast Quarter of Section 20 in the Southwest Quarter of Section 21. On January 23, 1996, the Advisory Planning Commission to the City of Eagan conducted a public hearing, with notice to the public, to hear the application of the Rottlund Company ("Applicant") comeming approximately B acres of unplatted property located at the northeast intersection of Interstate 35E and County Road 30 (Dittley Road) In the southeast quarter of section 20 of the southwest quarter of section 21, township 27, range 23, Dakota County, Minnesota (the "Site"). The Applicant requested an amendment to the Eagan Comprehensive Guide Land Use Plan and map for the Site, changing the Site designation from D -II Mixed Residential designation (0-6 unWper acre) to RB designation (roadside business). The Applicant appeared at the January 23, 1996 public hearing and Its representatives spoke in favor of the request. During the hearing, the planning commission received and considered staff and citizen input, planning reports, and other background information. Qq612 432 3780 03-01-96 02:36PM P003 #46 a -94X 9- 1-86 ; 1:27PM ; SFYERSON SFIF].DON4 612 681 4612; 4/10 Following the public hearing, the Advisory Planning Commission voted to deny the application stating that "the amendment would conflict with the corrvnercial land use study working policies; any amendment to the Comprehensive Guide Plan would be premature; and the proposed use of the site Is too intense for the existing neighborhood residential uses." The matter came b foo the Eagan City Council on February 20, 1996. Applicants representative and its attorney appeared at the February 20, 1996 meeting and spoke in favor of the request. The Council received and considered the January 23.1996 Planning Commission minutes, input from staff and residents and also received and considered the planning report together with all of the existing files, records and prior proceedings. The Council discussed the proposed amendment and directed the City Attorney to prepare for its consideration proposed findings of fact for denial of the Comprehensive Guide Plan amendment for Rottlund Company on a 5-0 vote. At its March 4, 196 meeting, the Council considered the entire matter. Based upon all of the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following findings of fact and resolution: BINDINGS OF FACT 1. The Applicant reWested an amendment to the land use section of the Comprehensive Guide Plan to change the Site's designation from D -II mixed residential (0-6 units/per acre) to RB (Roadside Business). 2n L 612 432 3780 03-01-96 02:36PM P004 #46 S- 1-96 i 1:28PM ; SFYERSON SHUD4N-+ 612 681 4612;# 5/10 2. The land use section of the Comprehensive Guide Plan and map reflect the policies and goals of the City of Eagan's planning. The lend use plan is quite specific where commercial developments are proposed (See page. IV -2). The area discussed was earmarked in the Comprehensive Guide Plan as designated for low density -mixed residential uses (See page IV -29). S. Area to the north and east lying north of Diffley Road is D -Il. 4. The City completed a oommerdal land use study and commercial market analysis In early 1994. Based on information gathered and conclusions readied in the study reports, the City adopted working policies for directing the type, scale and characteristics of commercial development. These reports and policies are to be considered when reviewing requests for commercial development and/or proposed additions to commercial land to the existing stock of commercial land. The report concluded that the demand for retail commercial land in Eagan ranges from 258 to 358 acres. The supply of retail land as of April 4, 1994 encompases 970 acres. The following commercial land use working policies are applicable to all commercial land use categories. (a) Commercial development should promote a diversity in tax base and employment opportunities and mardmae the return on investment to Eagan's kdrestruc hme. (b) Commercial development should be restricted to those areas prescribed in the Comprehensive Land Use Guide Plan and Zoning Map and should be developed as complete nodes in order to avoid spot or strip commercial development. 3 R-94% 612 432 3780 03-01-96 02:36PM P005 #46 e—CAIM S- 1-86 ; 1: MM ; SEiERSON SELDON-i 612 681 4612;# 6t10 (c) Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in servioe areas exist. (d) Pedestrian circulation systems should be provided within commercial developments. (e) Design of curvnercial developments should provide for transit access. (Q Adequate buffering, including but not limited to landscaping, site orientation, and transitional uses, should be provided between different adjacent land uses. (g) Internal access roads should be provided to allow sufficient transportation access to and from the node when it might otherwise be restricted due to its location adjacent to county mads and state highways. S. The Applicants proposal is primarily to service needs of the surrounding neighborhood. The following working policies have been specifically adopted for neighborhood commercial areas. (a) Neighborhood Commercial nodes should be developed as complete centers to create a relatively compact noel and in order to avoid a proliferation of scattered single -use commercial sites. (b) Neighborhood Commercial nodes should be planned such that the majority of the City lies within an assumed one-4WHe service radius. Interstate freeways and principle arterials are considered to be a barrier to this radius. The establishment of new Ne ghborhood Commercial nodes should be considered only when they do not 4 L.'5 C--� — All A49 17an ni—nl-9s n2:3sPM Pnos Stas SENT BY: 3- 1-86 ; 1:28PM ; SEVEIM SE DON 612 681 4612;# 7/10 overlap an existing Neighborhood Commercial node's service ares and when the population and/or employment density can support this additional node. (c) Because of the frequent short -tern trips associated with a Neighborhood Commercial node, transportation access needs will be medium to high. Therefore, these nodes should be located next to arterials or community oollectors. S. The entire Site lies within the one mile service radius of the Blackhawk Plaza Neighborhood Commercial node (northwest comer of Interstate 35E/Diffley Road) which includes a commercial strip center, a Tom Thumb convenience store, and platted but undeveloped NB and 1113 -designated land. 7. Neighborhood VOW from Diftley Road/Johnny Cake Ridge Road area will migrate west of Interstate 35E to utilize the existing service retail at Blackhawk Plaza. 8. The Site also lies within the one mile radius of the Hilltop Plaza Neighborhood Commercial node (northeast comer of Pilot Knob Road/Diffley Road) which includes a commercial strip center and a PDQ convenience store. 9. The Site falls within the one mile radius of Thomas Lake Center Neighborhood Commercial node (nortlwmst comer of Cliff Road/Thomas Lake Road) which includes a commercial strip center, a Texaco convenience store, a freestanding video store and recently approved freestanding oil change facility. 10. The area surrounding the Site Is adequately served by existing commercial facilities. 11. Immediately south of the Site across Diffiey Road is approximately 10 acres of RB -designated property which is undeveloped. W- R -94X 612 432 3780 03-01-96 02:36PM P007 #46 3- 1-96 ; 1:29PM ; SEVERSON &ELDON-4 612 681 4612;# 8/10 12. New residential development is located adjacent to major roads or the freeway. Significant residential growth in the City of Eagan has occurred immediately adjacent to ire w%tete 35E. 1. This matter is properly before the City Council of the City of Eagan, Dakota County, (Minnesota. 2. The Applicant has the burden of persuasion to convince the Council to amend the land use portion of the Comprehensive Guide Plan. 3. There Is adequate commercial land available in the City of Eagan. 4. The Site is adequately served by existing neighborhood commercial areas. 5. There exists undeveloped roadside business property in close proximity to the Site. 6. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that an amendment to the Comprehensive Guide Plan Land Use Section is not warranted. r �. The City Council of the City of Eagan does hereby resolve that the Applicant's request for an amendment to the lend use plan to the comprehensive guide pian so as to designate approximately 8 acres of unplatted property at the northeast intersection of Interstate 35E and County Road 30 (Diffley Road) in the southeast quarter of section 20 in the southwest quarter of section 21, township 27, range 23, Dakota County, s s..f 199 970n n,5_n,_na ni.gavu Pnnn ttAA `;IaSITE E -94X 9- 1-86 ; 1:28N ; SEVOW SIRDONi 612 681 4612;# 8I10 Minnesota from DII mixed residential (0-6 units per acre) to RB (roadside business) is hereby denied. Dated at Eagan, Minnesota this day of March, 19%. CITY OF EAGM By: Thomas A Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk 7 6", 612 432 3780 03-01-96 02:36PM P009 #46 Agenda Information Memo March 4,1996 Eagan City Council Meeting 11 ,. __ X131 N WOR Willum 150011i'm01 . ,M ' 10 1 "Z11 113 1.1,93 u 101.1 , To WN F4 0 1 ACTION TO BE CONSIDERED To approve or deny the assignment and assumption of Eagandale Center Industrial Park #12 development contract responsibilities from the NW Mutual Life Insurance Company to MEPC American Properties Inc. FACTS ► The two -lot Eagandale Center Industrial Park #12 subdivision was approved on August 15, 1995. No The City entered into the development contract with NW Mutual Life Insurance Company on August 15, 1995. ► MEPC American Properties Inc. has purchased the property from NW Mutual Life Insurance Company and both parties are requesting that the assignment of responsibilities under the development contract for this subdivision be designed to MEPC. ► The City Attorney's Office has reviewed the proposed Assignment and Assumption Agreement and does not have any problem with the language contained within. BACKGROUND/ATTACHMENTS (3) Area map showing property under consideration, page,. Memorandum from the City Attorney's Office dated 1/30/96, page. January 23, 19?q letter from MEPC attorney and Assignment and Assumption Agreement, pages through -411 dEAGAI CORP. ..CENTER )H,HOLID 3 M AC IN Ar OPUS 2� xz 0-211 7— COCORP.i z 1 12 13 125 ENGINEEAW6:41 , '3dj �T ty'p 2t L07 AC Neu A EXCEPTION (RESIDENTIAL)3 6x 3QAI; 4w 2.133 AC 2 2.58 A N13 — 4 lt t�c -33, 1.9D NIC. MLMR -�-1 FIAU ttv, F, 117 -CRACKER BARREL LAKE _ APARTMENTS 9ESINDEWCE N HOTEL OUTLOT B Y-Zf W1kc 1 Mkfiav I AV= (-57 F i EXCEPTION EXCEPTICIN ICA 'W MINIE V) 2 _AR EXCEP. 2 AC 82 28AC 8 1.0 AC M 7{W5 13 3 A87 3.80 AC 88 AC 1 1 - .1 RONE . AM 2 1.03AC 02 1.13USIN CENT 1 ,QAC 01 )2 ;m 3.11 AC 3 =AC PHASE NORTHWEST° w EXCEPTION RACQUET Z"" SWIM & HEALTH CLUB Z 1.23 2377 Ac LOT 2 BLK 1 f F i EXCEPTION EXCEPTICIN ICA 'W MINIE V) 2 _AR EXCEP. 2 AC 82 28AC 8 1.0 AC M 7{W5 13 3 A87 3.80 AC 88 AC 1 1 - .1 RONE . AM 2 1.03AC 02 1.13USIN CENT 1 ,QAC 01 )2 ;m 3.11 AC 3 =AC PHASE NORTHWEST° w EXCEPTION RACQUET Z"" SWIM & HEALTH CLUB Z 1.23 2377 MEMORANDUM TO: Mike Ridley, Senior Planner FROM: Mike Dougherty, City Attorney DATE: January 30, 1996 RE: Eagandale Center Industrial Park No. 12 As I mentioned to you, I received some correspondence from Doherty, Rumble & Butler, the attorneys representing the present owners of the property located in Eagandale Center Industrial Park No. 12. The letter asked the City to consent to the Assignment of the responsibilities under the Development Contract from Northwestern Mutual Life to the present owners. I have reviewed the enclosed Assignment and Assumption and do not have any problem with the language. Please discuss this item with Peggy and have this matter placed on an upcoming Council agenda. The signature block for the City would have to be revised to include a signature for the Mayor and for the City Clerk. If you have any questions, please give me a call. MGD/wkt DOHERTY RUMBLE & BUTLER PRORSSIONAL..\>5ck ':rtFirth?tett Foiwrn 1541 swth Firth Street \linneapo16. \linntMata ;5-1024235 'rilerhone tr+121 X1)-5555 EAX iel_i Attoreevs at Law Writer � direct dial number. January 23, 1996 Mr. Michael Dougherty Severson, Wilcox & Sheldon 7300 West 147th Street Apple Valley, MN 55124 540 \limtenna 1'G+ra: Trace Center WNew lixk :\,tour. NAV 23711 Ont: Tabor Center 4) Last tecenth Street Suite I 1 1200 Seventeenth Street Saint Paul. \linnez-ota -'S101-4400 Telephone it+12)2°1.4333 FAX ItiM 291-4313 291-9437 Washington. D.C. ZOW5 Dem cr. Colorado -4)202-5823 Telephone 1200 393.25+4 Telephone CIO,) 9": b200 FAX (:02) 393.3131 FAX 4303) Re: Sale of Property in Eagandale Center Industrial Park No. 12 from The Northwestern Mutual Life Insurance Company to MEPC American Properties, Inc. Dear Mr. Dougherty: Reply to Minneapolis ortice Our office represents MEPC American Properties, Inc. ("MEPC"). MEPC recently purchased certain parcels of land from The Northwestern Mutual Life Insurance Company ("Northwestern Mutual") located in the Eagandale Center Industrial Park Development. In connection with that purchase, MEPC assumed all of the obligations of Northwestern Mutual under a certain development agreement dated August 15, 1995. I am enclosing three original assignment and assumption agreements signed by Northwestern Mutual and MEPC. Please have the appropriate person at the City of Eagan sign the approvals to each of these three originals (see page 3 of the agreement). The City may retain one original agreement for its records. Please ask the City to return the other two originals to me in the enclosed return envelope. Thank you for your assistance in this matter. Please call me with any questions regarding this matter. Very truly yours, Dean L. Bussey skb DXB 107568 Enclosures c w/o encl.: Mr. William Dressen David C. Sellergren, Esq. ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into as of the 22nd day of January, 1996, by and between THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation ("Assignor") and MEPC AMERICAN PROPERTIES, INC., a Delaware corporation ("Assignee"). WHEREAS, Assignor and Assignee are the seller and buyer, respectively, under that certain Purchase Agreement dated as of December 8, 1995 (the "Purchase Agreement"), for the purchase and sale of the real property legally described on Exhibit A attached hereto (the "Property"). WHEREAS, Assignor and the City of Eagan, Minnesota have entered into a certain Development Contract dated August 15, 1995 and relating to the Eagandale Center Industrial Park No. 12 (the "Development Contract"). WHEREAS, Section 8 (e) of the Purchase Agreement contemplates that Assignor will.assign to Assignee and Assignee will assume all of Assignor's obligations under the Development Contract. NOW, THEREFORE, FOR VALUE RECEIVED, Assignor hereby grants, conveys, quitclaims and assigns to Assignee all right, title and interest of Assignor under the Development Contract. By acceptance of this Assignment, Assignee hereby assumes and agrees to perform all the terms and conditions, and all of the obligations and liabilities of Assignor under the Development Contract by and between the Assignor and the City of Eagan, Minnesota. IN WITNESS WHEREOF, the undersigned has caused this Agreement to be duly executed, effective as of the day and year first above written. MM 206727 MEPC AMERICAN PROPERTIES, INC. By: Its: L :ce r,• By: 1 �, Its: IN WITNESS WHEREOF, the undersigned has caused this Agreement to be duly..executed, effective as of the day and year first above written. THE NORTHWESTERN MUTUAL INSURANCE COMPANY EXHIBIT A [Legal Description] PARCEL 1: Lot 1, Block 2, Eagandale Office Park, Dakota County, Minnesota. PARCEL 2: Lots 12 and 13, Block 1, Eagandale Center Industrial Park, Dakota County, Minnesota. PARCEL 3: Lot 1, Block 1, Eagandale Center Industrial Park No. 12, Dakota County, Minnesota. PARCEL 4: Lot 2, Block 1, Eagandale Center Industrial Park No. 12, Dakota County, Minnesota. Agenda Information Memo March 4,1996 A. VACATE PONDING EASEMENT - EAGAN PROMENADE ACTION FOR COUNCIL CONSIDERATION: To close the public hearing to vacate ponding easement Document No. 698968 and continue consideration of approval to be concurrent with final subdivision approval. FACTS: On February 2, the City Council received a petition from the property owners of the proposed Eagan Promenade development requesting the City to vacate a ponding and utility easement dedicated under Document 698968. The City Council subsequently scheduled a public hearing to be held on March 4, 1996, to formally discuss this request. All notices have been published in the legal newspaper and sent to all potentially affected property owners and utility companies informing them of this public hearing. This ponding easement provides for surface water runoff storage of City Pond DP -4 which is proposed to be relocated within a new easement dedicated with the proposed Eagan Promenade development. Its storage volume will be adequately replaced in like kind to the new location as a part of the development site grading. ISSUES: • The one response from Dakota Electric Association regarding their existing 15' easement should not be impacted whether or not this vacation is approved. However, staff is aware of their concerns and have been mediating this issue with the developer to achieve a satisfactory solution to all parties. ATTACHMENTS: Omb • Staff report with Location Map, Description & Graphics, pages through ENGINEERING REPORT CITY OF EAGAN REPORT DATE: February 23,1996 REQUEST: Vacation of Ponding & Slope Easement Document No. 698968 LOCATION: Pond DP -4 Within the Proposed Eagan Promenade PETITIONED BY: Opus Corporation REPORT BY: Background Craig Knudsen As a part of the proposed development of Eagan Promenade, it is necessary to relocate Pond DP4. The anent location of the pond as described in the easement document is in direct conflict with the proposed retail shopping center. The developer, Opus Corporation, will be providing a replacement pond as a part of the plat. This pond will be a two -cell storm water treatment pond which has been reviewed by staff and conforms to City requirements. Future location is identified as Outlot A, Eagan Promenade, and will be conveyed to the City. Notification & Responses Public notices for the vacation of this easement was published in the City's legal newspaper. Additional notices were provided as standard procedure to parties who may have an interest in the proposed easement vacation. The responses are as follows: Dakota Electric Association Ed Brunkhorst, of Dakota Electric Association, responded with no direct opposition to the vacation. However, he wanted to express concern that all parties be aware of the existing 15' electrical easement along the west property line. This electrical line serves the Bulk Mail Post Office and must remain in service during the construction of the replacement pond. Although discussions have taken place, detailed agreements have not yet been made on how the electrical relocation will take place. It is anticipated that a representative from the Robert J. and Grace M. O'Neil Estate will be present. Recommendation It is recommended that the City vacate the ponding and slope easement Document No. 698968 with concurrent recording of the plat of Eagan Promenade. Attachments: Location Map Legal & Graphics CEK/,11 3 u IQ. " POND VACATION SITE city of eagan MUNIL PUBLIC Mm WORKS Lff DEPARTIVIE EAGAN PROMENADE LONE OAK APOLLO MUELLER FARM P� SLA I CT approved: standard I plate #: PROPOSED EASEMENT VACATION The easement for ponding purposes and a temporary slope easement as described in Parcel B (DP -4) of Notice of Pendency of Condemnation Proceedings filed as Document No. 698968 described as follows: A permanent easement for ponding purposes over, under and across that part of the Southeast Quarter of the Southwest Quarter of Section 10. Township 27, Range 23, Dakota County, Minnesota, described as follows: Beginning at the intersection of the easterly right of way line of Trunk Highway No. 35E as shown . on Minnesota Department of Transportation Right of Way Plot No. 19-44 according to the recorded plat thereof and the north line of the south 558.73 feet of said Southeast Quarter of the Southwest Quarter, thence on an assumed beoring of North 00 degrees 05 minutes 48 seconds East, along sold easterly right of way line, 360.00 feet; thence North 62 degrees 35 minutes 48 seconds East 200.00 feet; thence North 73 degrees 05 minutes 48 seconds East 405.06 feet; thence South 00 degrees 05 minutes 48 seconds West 478.91 feet; thence South 70 degrees 05 minutes 48 seconds West 195.00 feet; thence South 80 degrees 05 minutes 48 seconds West 145.00 feet to the intersection with the north line of said south 558.73 feet; thence North 89 degrees 54 minutes 12 seconds West along said north line 238.73' feet to the point of beginning. Together with temporary slope easements described as follows: Beginning at the southeast corner of the above described ponding easement; thence North 14 degrees 27 minutes 49 seconds East 162.39 feet; thence North 00 degrees 12 minutes 13 seconds East 150.00 feet; thence North 13 degrees 12 minutes 24 seconds West 176.33 feet to the northeast comer of said ponding easement; thence southerly along the east line of said ponding easement to the point of beginning. Also beginning at the northeast corner of the above described ponding easement; thence North 42 degrees 54 minutes 30 seconds West 122.39 feet; thence South South 7: degrees 05 minutes 48 seconds West 75.00 feet; thence South 37 degrees 05 minutes 48 seconds West 187.14 feet to the intersection with the northerly line of said ponding easement; thence easterly along northerly line 280.06 feet to the point of beginning. 94186024.13� VA CA T/OPV SKETCH Fes - OPUS CORPORATION We hereby certify that this sketch, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of.�onuory, 1996 By. _ v. , Edward H. Sunde. R.L.S. Minn. Reg. No. 8612 app"w - z 7NUNE OF THE SE 1/4 OF - ;573 ��• THE SW 1/4 OF SEC. 10 \ 140.a 'J .d •� VYso � 2� • k'L� / p�yp1NG ' 4.N�1 IN , eOf / N. E 1 o, � I g �- W lop � I --'b • 3 4 WZ< ' Z C) EASEMENT FOR PONDING PURPOSES igloo N I ,' PER DOC. NO. 698968 0. ; (o(Q TO BE VACATED I Mi W _ + <� -J r• p v • - Mj C iI_ Z Y % W �O• �2 Op ' ssa `qj5 �..� . mss• `_- O ea$ �- -- N89* OW 238.73 144�9,�,„Ni II CJ W T (N•s4' 12•w) (Sao ^ N. LINE OF THE S. �. OF Z -a SE 1/4 OF THE SW /4 OF SEC. 10 S. UNE OF THE SW 1/4 OF SEC. 10, TWP. 27, RGE. 23 Lir Jam/ _—�i•i//Arle V T 'I j -j- L 4= -M CS C -S -M l j. jL i will" PROPOSED PONDING city of eagan PUBLIC WORKS DEPARTMEJ L T AREA OF PROPOSED VACATION 1p xZ 1. _ 1111 C7 Ormwn 1 -111 LLL YANKEE DOODLE ROAD �� ,1 I !L J IA PARK!NG Tom CORRE DP - approved: standard I Plate #: f city of eagan PUBLIC WORKS DEPARTMEJ L T AREA OF PROPOSED VACATION 1p xZ 1. _ 1111 C7 Ormwn 1 -111 LLL YANKEE DOODLE ROAD �� ,1 I !L J IA PARK!NG Tom CORRE DP - approved: standard I Plate #: Agenda Information Memo March 4, 1996 Eagan City Council Meeting OLD BUSINESS A. APPROVE HOLZ FARM FINAL REPORT ACTION TO BE CONSIDERED: 1. To accept the work of the Holz Farm Task Force. 2. To adopt any or all of the recommendations. 3. To provide additional suggestions for continued efforts concerning restoration and programming at The Farm. 4. To recognize each member of the Holz Farm Task Force for their donation of enthusiasm, expertise, time and energy that went into creating this report. FACTS: The Holz Farm Task Force has been meeting since May of 1995. Their mission is to report on their work and recommend to the City Council on issues concerning the utilization of The Farm. The final report is compiled after much discussion, research, consultations, and tours of other farms. ATTACHMENTS: • Staff memorandum on pages � through. • Holz Farm Final Report MEMO )—�cltyofeapn DATE: februaryT8,1996 TO: Kan Vraai Director of Parks and Recreation FROM: Jon Oyana9k Recreation Su miew SUBJECT: Holz Farm Report and Recommendations Beckcround The Holz Farm Task Force has been meeting since May of 1995. Their mission is to report on their work and recommend to the City Council on issues concerning the utilization of The Farm. After much discussion, research, consultations, and tours of other farms the Task Force has compiled their report. For Council Review The City Council is asked to review the report and respond to the recommendations. ues The report makes several recommendations for the City Council to consider. There are also some Issues discussed without a final solution suggested. These issues may become clearer once the project is progressing or the Council may wish to address them at this time. 1. The Holz Farm Task Force recommends restoring the buildings and grounds to the ere surrounding 1941). The manual period can be contrasted against the mechanized and electrical period. The Great Depression and World War II can be Incorporated Into the programming. The Eagan area was a productive farming region at that time. The period is unique compared with other historic farms. 2. A non-profit group will be formed to eventually play a major role with The Fane. The 'Friends of the Farm" group will conduct fund-raising activities for both capital and operating expenses. They WN provide volunteer help for restoration pr *wb end programming. 3. The City and The Friends will insure that The Farm will be maintained and operated as a historic farm by signing a conservation eawmsnL The City will maintain ownership. 4. Programs and events will be hands-on experiences for alt Wes. A variety of a cwtes will ensure maximum usage by opposing to diverse interests. 5. The general concepts of the restoration budget and a ton year implementation timeline are shown to slow for efficient use of resources. Amounts are estimates based on 1995 costs. The funding Is recommended to come from grants and fund-raising by "Friends of The Farm" and City resources such as a park bond referendum, the park site fund and the Parks and Recreation Department operating budget. S. Acquiring additional land is recommended in order to provide for perimeter parking and useful demonstration space for programming. 7. Additional issues YAR be presented as rWorabon occurs. These Include making accommodations for all people, safety, security, lire alarms .and staffing. These issues are Important concerns that will impact funding and operations. Fgr Coundl Action and Review • To accept the work of the Holz Farm Task Force. • To adopt any or all of the recommendations. • To provide additional suggestions for continued effort's concerning restoration and programming at The Farm. • To recognize each member of the Holz Farm Task Force for their donation of enthusiasm, expertise, lime and energy that went into creating this report Agenda Information Memo March 4,1996 Eagan City Council Meeting 1 'Itli 11, ACTION TO BE CONSIDERED ► To approve or deny a five-year extension for completion of temporary parking lot improvements. FACTS ► The Eagan Evangelical Covenant Church subdivision was approved on November 9, 1989. Condition of Approval #8 required that all temporary parking lot improvements must be brought into conformance with current City Code no later than seven years from the date of Final Plat approval. ► In August 1989 the Community Development Department sent a letter to the Eagan Evangelical Covenant Church reminding Pastor Peterson of this condition and that the parking areas would need to be brought into conformance with City. Code standards by November 9, 1996. ► On September 20, 1995, the City Council approved moving a barn onto the Eagan Evangelical Covenant Church property from the Soderholm property for purposes of a church youth and family center. A condition of this approval allowed the church five years to bring the barn up to electrical and structural code requirements. ► The Eagan Evangelical Covenant Church is requesting that this condition of subdivision approval be amended to provide parking lot improvements no later than the year 2001. ► The church has stated that updating and ultimate use will likely involve some reconfiguration of the parking area to serve the barn and therefore, they are requesting that the condition of approval for bringing the parking lot into conformance be amended to coincide with the time frame established for updating the barn structure. BACKGROUND/ATTACHMENTS (3) February 5, 1996 letter om Eagan Evangelical Covenant Church to Mayor Egan and City Councilmembers, page August 16, 1995 letter from the City of Eagan to Pastor Peterson, payee . Minutes from the September 20, 1995 City Council meeting, page— 61 February 5, 1996 Mayor Egan INV Council Members Awada, Hunter, Masin, Wachter 3830 Pilot Knob Road Eagan, MN 55122-1897 w 1- 1 RF 809 g�yb. We received last August a reminder from the Planning Division that we had entered into a condition with the city when our plat was approved back in 1989; namely that we would bring our parking lot (curbs) into conformance with code in seven years. We recognize that seven years was a generous condition. This letter is a request for amendment to that condition. Specifically, that it be extended five additional years. First of all, we have tried in 1996 to include this improvement in our annual budget because we want to honor our agreement. However, when our congregation passed our 1996 budget two weeks ago, the best we could do was to pass a supplemental budget of $20,000 which we hope growth by mid year will allow us to implement. That includes provision for these concrete curbs and several other things we would like to accomplish in this fiscal year. (Without this supplemental budget, our budget for 1996 reflects a 12.4% increase over receipts of last year, which we think will be a stretch in itself) We are trying our best but think we need your mercy on this matter. Further, as you know and have so graciously affirmed, we have moved the old Kirchner barn onto our property from the corner of Lexington Way and Diflley this past fall. We want that to become a youth and family center for various activities. This addition will undoubtedly involve some reconfiguring our parking in the time span you have allowed us for improving it (5 years). Thus our request that you amend the parking lot conformance to coincide with that time frame. We continue to expect our church to grow necessitating additional church buildings and parking lot expansion. Unfortunately our rate of growth thus far has not been on target with those 1989 projections. Thank you for your work on behalf of our community and your willingness to consider yet another act of generosity and kindness to us. We hope you will agree that this request is reasonable and wise on our part. ."r Sincerely,,., 4100 Lexington Way t Eagan, Minnesota 55123 t (612) 454-1652 t Carleton D. Peterson, Pastor city of eagan August 16, 1995 Pastor Carleton Peterson Eagan Evangelical Covenant Church 4100 Lexington Way Eagan, Minnesota 55123 RE: Temporary Parking Lot Improvements Dear Pastor Peterson: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk T"he City of Eagan conducts periodic reviews to determine development status on an on-going basis throughout the community. The Eagan Evangelical Covenant Church Addition received final plat approval on October 17, 1989. According to condition #8 of the development contract entered into by the City of Eagan and the Eagan Evangelical Covenant Church, all temporary parking lot improvements must be brought into conformance with current City Code requirements no later than seven years from the date of final plat approval. As a reminder, the ',numinous curbing along the outer edge of the parking surface is temporary and will have to - converted to concrete curb and gutter by October 17, 1996. If you have any questions regarding this matter, you may contact me at 6814685. Thank you for your cooperation. Sincerely, Mike Ridley Planning Division Evangel.prk MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN, MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 681-4300 FAX: (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX: (612) 681.4360 TDD: (612) 454-8535 ��5 TDD: (612) 454.8535 EAGAN CITY COUNCL MINUTES; SEPTEMBER 20. i= PAGE Q MOVING PERMIT AND VARIANCE • EAGAN EVANGELICAL COVENANT CMtlRCH Community Development Director Reichert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Joe Krisnik, 4195 South Lexington Avenue, spoke in favor. Councilmember Wachter noted that the barn could be located farther back on the property. Carleton Peterson, of Eagan Evangelical Covenant Church, Indicated the reason they chose this location Is for major expansion of the church It will give them more options regarding parking. Brent Florin, 4085 Lexington Avenue, expressed his opposition to the setback variance. Community Development Director Reichert Indicated they found that the 2 for Isetback requirement for the public facility district is something that the Council has asked them to modify because marry times, public faaiities wdi be taller, and depending on what they are adjacent to, they may or may not meet different setbacks. Inthis case. being adjacam to the back of a commercial budding, h didn't seem to be as necessary to meet the setback If there were ; esidential property adjacent to this property. perhaps there would be more of a concern. This appears to be a reasonable request. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Some discussion followed concerning the cash deposits for the abandonment of the well and to assurance of conformance with applicable budding codes. Councilmember Hunter stated he wants to make sure that they are not being singled out because It is a church. He does not favor waiving the entire 90 day restriction on completing the remodeling. He feels there should be a reasonable time limit placed on iL Councilmember Wachter suggested the church keep the city informed of their progress. Councdmember Masin concurred, stating there could be safety concerns if the 90 days is waived. Community Development Director Reichert indicated that her understanding Is that this will be phased In over several years. Councilmember Wachter requested that with respect to the historical society and neighbors that they not Beverly alter the exterior. Wachter moved, Awada seconded a motion to approve a moving permit for Eagan Evangelical Covenant Church to move a barn onto their property from the Soderholm Addition and to waive the cash escrow requirements, as well as setting the time allowed for remodeling at five years; and approve a 30 foot variance to the required 60 foot setback for the bam in its relocated position on Lot 1, Block 1, Eagan Evangelical Covenant Church Addition. Aye: 5 Nay: 0 95-04, DEERWOOD TOWNHOMES After a brief report by Director of Public Works Colbert, Wachter moved, to receive the bids for Contract 95-04 and award the contract to the lowest mspo 0 --" a- se anded a motion bidder. Aye: 5 Nay: CONTRACT 95.04, CHANGE ORDER #1, DEER. TOWNHOMES Awada moved, Wachter seconded a motion to.ap rt7ve Change Order #1 to Contract 95.04 and authorize the Mayor and city perk to execute all rejated documents. Aye: 5 Nay: 0 JOINT POWERS AGREEMENT/RUNWAY 4/22 MEDIATION SURVEY Awada moved. Masin seconded a motion to continue Indefinitely consideration of the Runway 4/22 mpHint(nn RtifvPv inin} rwwwar9_41"roor,Ce,f nae•r1i-.r. n�nwiii..-.•f... ..i .. .J. ....w..r ...� ���+. �_�_:__.__ Agenda Information Memo March 4, 1996 City Council Meeting C. CONSIDERATION OF PARK REFERENDUM ON AUGUST 6, 1996 ACTION TO BE CONSIDERED: Direct the Advisory Parks, Recreation & Natural Resources Commission to form a task force to study the park bond referendum issue to make a determination as to the amount and wording for a referendum to be held on August 6, 1996. FACTS: ■ Ina joint meeting with the APRNRC on February 27th, a presentation was made regarding the park bond referendum by members of the APRNRC. ■ After considerable discussion, a date of August 6 was determined to be the best date for the referendum. ■ The Council directed the APRNRC to form a task force to decide what amount is appropriate and to determine the appropriate wording for the referendum. Agenda Information Memo March 4,1996 A. RAHN RIDGE 2ND ADDN CONSIDER REQUEST TO REVISE TRUNK UTILITY CONNECTION CHARGE ACTION FOR COUNCIL CONSIDERATION: Approve/deny a request to remove the trunk utility connection charge for the Rahn Ridge 2nd Addition. FACTS: • On February 6, 1996, the City Council granted preliminary subdivision approval to the Rahn Ridge 2nd Addition. A condition of that approval was the requirement to reimburse the City a sewer and water connection/availability charge associated with the pre-existing utility located adjacent to this development. • City Code Section 3.06, Subd. 2 "Water Utility Fee" provides the authority for the City's collection of this fee. • Any modifications to this Code as requested by the developer need to be approved by formal Council action. • The calculation of the fees were performed by the Finance Department in accordance with current Fee Schedules. ATTACHMENTS: • City Code, page Q • Developer's letter of request, pages O and. • Sanitary sewer layout map, page _(Q_Q. • Water main layout map, page 5(c 9 3.05 f otherwise contracted for and authorized in writing by the { owner and the tenant, as agent for the owner, and consented to by the City of Eagan, Minnesota. The City may collect the same in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision. B. Each such account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the City Clerk - Treasurer of the City of Eagan, Minnesota, to the County Auditor, and the City Clerk -Treasurer in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls ' against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. Source: Ordinance No. 30, 2nd Series Effective Date: 6-6-86 SEC. 3.06. WATER CONNECTION AND AVAILABILITY CHARGE. Subd. 1. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the water utility as `--' established by the City. All revenues derived from the fee shall be credited to the appropriate water fund. Subd. 2. Water Utility Fee. A water utility fee for connection and availability of the water facilities shall be determined by resolution of the Council and shall be just and equitable. A charge for the connection and availability of water service may be imposed for all premises abutting on streets or other places where municipal water service is located, whether or not connected to it. A charge for the availability and connection to the water service may, in the discretion of the Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. Subd. 3. resolution, policies fee for parcels. retroactively. Adjustments. The Council may adopt, by and standards for the adjustment of the Such adjustments shall not be made Subd. 4. Exemptions. Public rights-of-way are exempt from the fee. Subd. 5. Billings. Bills for. charges for the fee shall be made by the Finance Department. All bills shall be payable at the office of the Finance Director. L, 42 (6-15-90) Si BEND 1 � fy'„y Planning Engineering Surveying February 13, 1996 Mr. Michael Foertsch City Engineer City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Rahn Ridge 2nd Addition, Proposed Assessments Dear Mr. Foertsch, This letter serves as a request to the Eagan City Council to consider the validity of the proposed sanitary sewer and water assessments of Rahn Ridge 2nd Addition. I did not bring up my questions concerning these assessments at the February 6th City Council meeting, because I had assumed that the issues could be worked out with staff. The assessments that are proposed at this time are: (1) Lateral benefit water totaling $4,714.00 and (2) Lateral benefit sanitary sewer totaling $3,942.00. I cannot clearly understand why we would be assessed for lateral benefits for lot 1 since we previously privately installed our own sewer and water to lot 1 when the overall plat was developed _in 1985. The water service to lot 1 (as shown on the attached sketch) comes from a watermain on Rahn Cliff Road that we privately installed. The proposed lateral benefit is for the front of the lot along Pin Oak Drive and is based on a watermain that the city constructed in 1988 to loop two different water pressure zones together. I can recall that road improvements for the Rahn Cliff and Cliff Road intersections were assessed to our property at that time, but I do not recall receiving any correspondence of a proposed watermain assessment. If such correspondence exists, I would please like to receive a copy of it. The proposed lateral benefit sewer assessment is for a sewer line that was in place prior to the construction of the overall plat in 1985. The service into lot 1 is from privately installed sewer in Pin Oak Drive and the services into lot 2 are from the sewer line that was in place in 1985. I can understand why there would be a lateral benefit sewer assessment for lot 2, since the services into lot 2 were tied directly into the existing sewer, but I would like clarification as to why lot 1 benefits from this sewer line. I have also attached a sketch for the sewer that .shows the existing services and proposed lateral benefit assessment. I would also like clarification as to why the lateralbenefit was not assessed in 1985 being the sewer was in place at that time. 58 9201 East Bloomington Freeway, Bloomington; Minnesota 55420, Telephone (612) 888-0289 In 1985 we were assessed and paid storm and water area charges for the commercial outlot that is now being platted into Rahn Ridge 2nd Addition. Please place this on a council agenda so that it can be discussed (hopefully under old business). If you have any questions or need 1W additional information please contact me. Sincerely, �Z- Randall C. Hedlund, P.E. 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COMPREHENSIVE GUIDE PLAN AMENDMENT, 1-4941AWY 55/HWY 149 - CITY OF EAGAN AND JOHN ALLEN (INDUSTRIAL EQUITIES) ON TO BE CONSIDERED: To approve or deny a Comprehensive Guide Plan Amendment to establish a new land use category entitled "BP -Business Park", including corresponding citywide policies as presented in Exhibit B of the staff report and area specific policies as presented in Exhibit C of the staff report. To approve or deny a Comprehensive Guide Plan Amendment from Commercial Planned Development (CPD) to Business Park (BP) for property bound by I-494, TH 55 and TH 149 in the North 1/2 and SE 1/4 of Section 2, subject to the conditions recommended by the Advisory Planning Commission. 'S: The land use amendment is needed because the existing CPD land use designation does not provide clear direction to guide future development, there is limited need for additional major retail development in the City, and to accommodate Mr. Allen's proposed business campus development. These Comp Guide Plan amendments affect both the text of the plan and the map. The text will be revised to include a new land use category BP (Business Park) to guide development of high quality mixed office/light industrial uses. The proposed amendment will also include associated policies that would apply to all areas in the city designated for BP uses (Exhibit B in staff report). The amendment would also include a change to the land use map to redesignate this area (approximately 235 acres) from CPD to BP. Area specific policies are also proposed to guide the transition from existing uses to BP uses in this area (Exhibit C in staff report). To obtain input from affected residents, business and property owners, two public information meetings were held (Nov. 15, 1995 and Jan. 30, 1996). At those meetings, most of the concerns expressed related to non -conforming uses, traffic circulation, and how a land use change would impact property values. The Advisory Planning Commission conducted a public hearing on this proposed Comprehensive Guide Plan Amendment at its regular meeting on February 27, 1996. The Commission recommends approval of the Comprehensive Guide Plan Amendment to establish a new land use category entitled "BP -Business Park", including corresponding m citywide policies as presented in Exhibit B of the staff report and area specific policies as presented in Exhibit C of the staff report. ► The Commission recommends approval of the Comprehensive Guide Plan Amendment to redesignate approximately 235 acres from Commercial Planned Development (CPD) to Business Park (BP) for property bound by I-494, TH 55 and TH 149 in the North 1/2 and SE 1/4 of Section 2. ISSUES: A resident of Blue Gentian Road expressed concern about higher assessment charges for public improvements if the land use designation is changed. The City Attorney explained that assessments are based on benefits to the current, or very foreseeable future use, rather than the designated land use. IN, The area specific policies are important because they explain why the zoning for some parts of the area should be residential or industrial, and not the proposed new BP zoning classification and how the transition from existing land uses to future BP land uses should occur. Providing such policies is consistent with the 1995 Amendment to MS 462.858 which states: "For purposes of this section, a fiscal device or official control shall not be considered to be in conflict with a local government unit's comprehensive plan or to permit an activity in conflict with metropolitan system plans if such fiscal device or official control is adopted to ensure the planned, orderly, and staged development of urbanization or redevelopment areas designated in the comprehensive plan pursuant to section 473.859, subdivision 5." BACKGROUND/ATTACHMENTS: APC minutes of February 27, 199 ages through Staff report, pageW rough iO3 612 432 3780 SENT BY: 2-29-96 : 9:49AM : SEVERSON SHaMN 681 4694:# 5/18 PUBO 4 Fobn1W 27, 1990 ADVISORY PLANNING C)MNUSSION -494/HWY 55MWY 149 COMPREHENSIVE GUIDE PLAN AMENDMENT CITY OF EAGAN - JOHN ALLEN AND CODE AMENDMENT AND REZONING - CITY OF EAGAN Chairman Miller opened the next public hearings of the evening for items A and E regarding a Comprehensive Guide Plan Amendment to establish a new land use category called BP (Business Park) and redesignate approximately 235 acres from CPD (Commercial Planned Development) to BP (Business Park) land use, for property located south of 1-494, west of TH 149, east of T14 55 in the north '/s and part of the Southeast 1/4 of Section 2 and an Amendment to Chapter l l (Zoning), Section 11.20 regarding use districts to establish a new use district called BP (Business Park) and a Rezoning of approximately 200 acres to various zoning districts for property located south of 1494, west of T11 149, east of TH 55 in the north 1/z and past of the southeast'/4 of Section 2. Planner Farnham introduced these items. Ms_ Farnham highlighted the information presented in the City staffs planning reports dated February 21, 1996. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject properties. Ms. Farnham further outlined the City staffs evaluation of the proposed Comprehensive Guide Plan amendment, the proposed zoning ordinance amendments and the proposed rezoning of the subject properties. Ms. Farnham noted that the proposed BP land use and zoning district would accommodate "hybrid" development that blends office and light industrial uses. Ms. Farnham further noted three alternatives each for land use and zoning were developed and presented for review by area residents and property owners at two neighborhood meetings. The APC: at its most recent workshop session selected land use Alternative 1 and zoning Alternative 1 for consideration at the public hearing. Cimirman Miller opened the public hearing on the proposed Comprehensive Guide plan amendment item. In response to the question of a resident at 1360 Lone Oak Road, Ms. Farnham outlined the permitted and conditional uses which would be allowed in a business park district. A resident from 988 Blue Gentian Road inquired whether the residential property owners would be assessed for the road improvements at a commercial rate because of the business park designation and therefore be required to pay more assessments. City Attorney Dougherty advised the resident that public improvement assessments are based on the benefit received by the individual property assessed as a result of the road improvement. City Attorney Dougherty further stated that because her property is currently residential use and would remain as residential upon any assessments, it would be assessed at a residential -use level. A resident from 988 Blue Gentian Road inquired why the residential property owners should be assessed for a road 612 432 3780 Spm By: 2-29-96 : 9:50AM : SEVERSON SHELDON- 681 4694:# 6/18 Page 5 FebnuL y 27, 1996 ADVISORY pLANNING COMMISSION improvement required as a result of a commercial development and not for the resident's needs. Chairman Miller responded that the residents have the right to contest any assessments. Member Heyl stated that the City is in need of a "hybrid" district which permits uses that are between straight industrial and commercial uses and supporta a ('. -wide business park designation category. Member isberg concurred with Member Hcyl. Member Heyl moved, Member Tsberg seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment to establish a new land use category called BP (Business Park), including corresponding City-wide policies and area specific policies as presented in Exhibit B and Exhibit C respectively in the City staffs planning report. All approved in favor_ Member Segal specifically noted and commended City staff for its work on this matter. Member Hey] moved, Member Isberg seconded, a motion to recommend approval of a redesignation of approximately 235. acres from CPD (Commercial Planned Development) to BP (Business Park) land use, for property located south of 1-494, west of TH 144, cast of TH 55 in the north '/Z and part of the Southeast '/. of Section 2 All approved in favor. Chairman Miller next opened the public hearing on Item B, the proposed zoning ordinance amendments and the rezoning of the approximate 200 acres. John Allen of Industrial Equities, the applicant for the preliminary subdivision and preliminary planned development in Item C, stated that the list of permitted uses is a revised draft of the proposed ordinance which he had an opportunity to review and specifically expressed concern as to the ambiguity of the term "warehouse" and the removal of the term "processing" from Paragraph BA. of the permitted use provision. Mr. Allen stated that there is a need for clarification in the ordinance of what would be a permitted use under Paragraph B.4. Mr. Allen stated that he would prefer the inclusion of the term "processing" in Paragraph B.4. because without it the permitted uses may be too restrictive which in turn would restrict potential tenants. Mr. Allen stated that his proposed business park campus will include only up -scale business uses, and will nol. involve any heavy industrial, distribution, truck .terminals or smelting -type uses. Mr. Allen concluded that as Paragraph B.4. is currently proposed, he does not support the ordinance without clarification of what is permitted under Paragraph B.4. and that the 612 432 3780 SENT BY: 2-29-96 :10=57AM : SEVERSON SHELDON-+ 681 4694:# 2/ 4 Page 6 February 27, 1996 ADVISORY PLANNING COMMISSION true intent of a "Business Park" district be set forth in the ordinance. Planner Farnham explained that the term "processing" was removed after the staff discussed its concern that under the previous language, raw material manufacturing. could be deemed permissible and staff wanted to restrict those uses which it determined not to be desirable in a business park district on a City-wide basis. A representative of T1vII Coating stated that it consents to the Z-1 rezoning of his property currently zoned PD located on the southeast comer of the triangle. Member Heyl stated that she would recommend approval of the zoning ordnance amendment as drafted by City staff without those changes requested by Mr. Allen. Member stated that the ordinance will have City-wide application and is not to merely cater to Mr. Allen's proposed development project on his property. Chairman Miller suggested staff meet with the developer to work out issues prior to the City Council meeting and they hoth agreed to do so. Member Segal moved, Member Heyl seconded, a motion to recommend approval of an Amendment to Chapter 11 (Zoning), Section 1120 regarding use districts to establish a new use district called RP (Business Park), by adding Section 11.20, Subd. 22 "BP Business Park DisU ict", as described in Exhibit B of the staff report and as further modified per discussions between staff and developer. All approved in favor. Member Segal moved, Member lsberg seconded, a motion to recommend approval of an Amendment to Chapter 11 "Land Use Regulations (Zoning)", Section 11.03 regarding Definitions to add 18 definitions (#88-105), as described in Exhibit C of the staff report. All approved in favor. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Rezoning from PD to R 1 for property described as: Kollofski's Addition, Lots 2-4, Block 1 and Lots 2-4, Block 2; Robert O'Neill Homestead, part of Lot 6 (P.i.D. #10-53320-061-00 and #10-53320-062-00). All approved in favor. mo 612 432 3780 SENT BY: 2-29-96 ; 9:51AM ; SEVERSON SHELDON-+ 681 4694:# 8/18 Page 7 February 27, 1996 ADVISORY PLANNING CO1VMSSION Member Segal moved, Member Richards seconded, a motion to recommend approval of a Rezoning from PD to I-1 for property described as: Robert O'Neill Homestead, part of Lot 5 (P.I.D. #10-53320-052-00) and part of Lot 3 (P.I.D. #10-53320-032-00); Robins Addition, Outlot B. All approved in favor. Member Segal moved, Member Richards seconded, a motion to recommend approval of a Rezoning from PD to BP for property described as: Robert O'Neill Homestead, part of Lot 8 (P.I.D. 410-53320-090-00, 10-53320- 091-00, 10-53320-092-00); F.I.D. # 10-00200-010-28, 910-00200-020-29* 0 10-00200- 060-32, #k10-00200-050-32, #10-00200-020-30 in the NW'4 of Section 2. All approved in favor. Member Isberg stated that he commends City staff for its work on these items. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 21, 1996 APPLICANT: City of Eagan and John Allen (Industrial Equities) PROPERTY OWNER: RES Invest. Co., 494 Invest. Co., various others CASE: 2 -CG -2-2-96 HEARING DATE: February 27, 1996 PREPARED BY: Julie Farnham REQUEST: Comprehensive Guide Plan Amendment LOCATION: Area bound by I-494 on the north, TH 55 on the west, and TH 149 on the east. COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REQUEST The City of Eagan, in conjunction with John Allen (Industrial Equities), is proposing a Comprehensive Guide Plan. Amendment from Commercial Planned Development (CPD) to Business Park (BP) for property, bound by I-494, TH 55 and TH 149 in the North 1/2 and SE 1/4 of Section 2. The current CPD land use designation does not provide clear policies to guide future development and the need for additional commercial development in the City is limited. A land use amendment is also needed to accommodate Mr. Allen's proposal to create a mixed office/industrial development on the north side of Blue Gentian Road. The intent is to create a new land use category BP (Business Park) to guide development of high quality mixed office/light industrial uses. The proposed amendment will result in the creation of a new land use category and associated policies that would apply to all areas in the city designated for BP uses. Area specific policies are also proposed to guide the transition from existing uses to BP uses in this area The amendment would also include a change to the land use map to redesignate this area from CPD to BP. In the future, other areas of the City may be determined appropriate for BP land uses and similarly redesignated. While this report will describe the proposed new land use category, it will focus on the proposed change of land use designation in this area Chapter 473 of the Minnesota Statutes governs Comprehensive Guide Plans and was enacted originally as the Metropolitan Land Use Planning Act. Section 473.858 requires that Eagan prepare a Comprehensive Guide Plan in accordance with therequirements of Chapter 473. Planning Report - 494/55 Comp Guide Plan Amendment February 27, 1996 Page 2 Section 473.864 requires that amendments to Comprehensive Plans must be prepared, submitted and adopted in conformance with guidelines adopted by the Metropolitan Council. All amendments to Eagan's Comprehensive Guide Plan, which must be submitted to the Metropolitan Council by the City Council. The City is required to adopt the Plan amendment by Resolution -following consideration of comments received by the Metropolitan Council. Under Section 473.865, the City is prohibited from adopting any zoning control which conflicts with the City's Comprehensive Guide Plan or which permits activity in conflict with the Metropolitan Systems Plans. However, Section 473.858, Subd. 1 further states that the Comprehensive Plan "shall provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the Comprehensive Plan." BAC GROUND- ISTGRY Need for New Land Use Category - The existing CPD land use designation does not provide clear policies to guide future development. The Land Use Plan states that "CPD areas are expected to develop with a combination of commercial uses. The specific uses are determined by a Planned Development Agreement." The apparent intent was to review development proposals on a case specific basis to determine the appropriateness of proposed uses. The projected need for additional commercial development in the City is limited. According to a Commercial Land Use Study the City completed in 1994, the current supply of commercial land is greater than demand. It recommends a policy to discourage adding commercial land to the existing inventory unless the inventory is reduced in other locations. The study also acknowledged the vagueness of the CPD land use and recommended that areas with CPD designation be re -categorized to reflect better defined and more appropriate uses. In addition, our current Comp Guide Plan does not clearly distinguish between pure light industrial uses and heavier industrial uses associated with I-2 zoning. Nor do we have a land use or zoning district that encourages a mix of office, light industrial and research and development uses. Recent market studies suggest that such a mix of uses is desirable. The proposed new Business Park (BP) land use designation would establish a clear policy framework to direct the location, type, scale and characteristics of future development in areas identified as appropriate for BP land use. Need for Land Use Change in this Area - The area bound by I494, TH 55 and TH 149 has developed with a mix of residential, commercial and industrial uses. Large portions remain undeveloped Prior to 1988 the Land Use Map designated this area for Industrial (IND) and General Business (GB) uses. The GB portion covered the NE corner of the area The CPD land use category was created as part of an August 1988 amendment to the Comprehensive Guide Plan. Subsequently, the entire area was redesignated CPD. The property was also zoned Planned Ll Planning Report - 494/55 Comp Guide Plan Amendment February 27, 1996 Page 3 Development (PD) in the mid-1970s, however a - Planned Development Agreement was never executed to guide development. During the 1980s several ideas for large scale developments were discussed for this area (e.g. race track, regional shopping center), however, none ever materialized. The CPD land use designation would have accommodated those developments. However, given that the land in this area has remained undeveloped, despite a location with good access and visibility, suggests that the location may not be considered that desirable for larger scale commercial development; at least not in the current market. In late summer 1995 John Allen approached the City with a request to develop a "business park" on property located on the north side of Blue Gentian Road Because the proposed development would include light industrial uses, rather than commercial uses, an amendment to the Comprehensive Guide Plan would be necessary to accommodate the business park. Given the vagueness of the existing CPD designation and consideration of market trends, staff thought it would be appropriate at this time to re-examine the land use in the entire "triangle" area in conjunction with Mr. Allen's request. To obtain input from residents, business and property owners who might be affected by the proposed land use change, two public information meetings were held (Nov. 15, 1995 and Jan. 30, 1996). At those meetings, most of the concerns expressed related to non -conforming uses, traffic, and how a land use change would impact property values. EXISTING CONDITIONS Land Uses - As previously stated, the area is characterized by a mix of existing uses. There are two residential pockets. One, along Blue Gentian Road consists of 11 residences. The other, located off TH 55 east of the Airliner/Spruce motels, along Lawrence Ave. and Linde Lane (the Kollofski Addition) consists of 5 residences and an old farmstead. There are several commercial and industrial businesses in the area as well. The Airliner and Spruce motels, along TH 55, were recently boarded up and will be removed this spring. IM Coatings (corrosion control), off TH 149 consists of an office building and 2-3 other buildings (the owner has indicated that only the office building is intended to remain). This business involves outside truck and equipment storage. A business named Auto Dismantling Research Center is located in a building just south of TMG Coatings. Finally, the Darcom/Great Dane building houses 3 separate light industrial uses (Great Dane -sales, service and parts; Arcade Body Shop; Mid -Northern Electric). The remainder of the area has remained undeveloped and under independent ownership. The property in the NE quadrant is part of Robins Addition and is owned by RES/494 Investment. This includes the property Mr. Allen is proposing to purchase and develop. In fact, Mr. Allen is working in cooperation with RES/494 to develop a "business campus" on that entire area as a planned development (see Case # 2-RZ-16-10-95). Road Access - Blue Gentian Road is the only road that penetrates this area The eastern portion Planning Report - 494/55 Comp Geode Plan Amendment February27, 1996 Page 4 of Blue Gentian (through Robins Addition) has been fully improved with -utilities, pavement, curb and gutter. The western portion, through the residential area, is not improved and consists of a gravel road surface and substandard width. It also has steep slopes, up from the improved segment, and down again to the traffic signal where Blue Gentian intersects TH 55. There are two other functioning access points along TH 55. One at Lawrence Ave. (by the Airliner) and the other, further south, which provides a second access to TMI Coating property and a vacant parcel. Access on TH 149 consists of Blue Gentian/Northwest Parkway (signalized) and at IM Coating/Lone Oak Drive. This intersection is proposed to be signalized in conjunction with the proposed U.S. Postal Service Information Servicing Center development. City staff have met with MOOT regarding access issues along TH 55. Mn DOT staff indicated that existing access points are not guaranteed; improvements, consolidation and/or new access points may be necessary to accommodate .new development. MnDOT will work with the City on an access management study along this segment of TH 55. The results of that study are anticipated in 4-6 months. URROUNDINC USES North - I-494, Mendota Heights East - The Waters, a few residences; designated CPD, zoned PD and A South - TH 55, light industrial; designated M, zoned I-1 West - TH 55, light industrial; designated IND, zoned I-1 EVALUATION OF THE REQUEST The following discussion focuses on the need to amend the land use in the area bound by I-494, TH 55 and TH 149. Appropriate Land Uses - There are several factors to take into consideration in determining what land uses would be appropriate in this location: existing surrounding land uses, accessibility, visibility, physical site constraints, and market trends. Given existing industrial land uses, the potential for high truck traffic, and susceptibility to airport noise this area appears to be more suited to commercial or industrial uses rather than residential development. In addition, the market demand for .large scale commercial development in Eagan appears limited -and there is currently high demand for flexible "hybrid" developments that blend office and light industrial uses. This suggests that a land use category that would accommodate such "hybrid" uses might be appropriate in this location. Alternatives - Three land use alternatives were developed for review and comment by the public and the APC prior to selecting the preferred alternative to focus on at the public hearing. Briefly these included: Planning Report - 494/55 Comp Guide Plan Amendment February 27, 1996 Page 5 Alternative 1: Redesignated entire triangle area .from CPD to BP Alternative 2: Redesignate 2/3 of area BP (RES/494, Blue Gentian residents) and the remainder IND (fronting on TH 55). Alternative 3: Redesignate RES/494 property to BP, leave remainder of area as CPD Two public information meetings were held to provide an opportunity for area residents and property owners to review and respond to the proposed land use change. The primary concerns expressed with regard to land use were how a change from CPD to BP would affect property values and traffic circulation. Most of the concerns expressed related to zoning (non -conforming uses), problem properties (e.g. Airliner/Spruce), and assessments for roadway improvements. The APC selected Alternative 1 (see Exhibit A) as the proposal to be considered at a formal public hearing. This alternative would create an area of consistent land use that is large enough to encourage unified development. It also provides a good transition between I-1 development on the west side of TH 55 and The Waters development on the east side of TH 149. Proposed Policies - New policies proposed at this time are for the proposed Business Park land use category. As the City updates the entire Comprehensive Guide Plan, new policies, or revisions of existing policies may be made to existing land use categories (e.g. IND, RD). Currently, new policies are proposed that would apply to any areas in the city designated for BP land uses and area specific policies are proposed relative to the "triangle" area currently proposed for redesignation. CiJywide Policies - Five (5) policies are proposed to guide development in area designated BP anywhere in the City (Exhibit B). Additional policies or refinements of these policies may be considered as the City proceeds with the overall update of its Comprehensive Guide Plan, required by December 1988. In the future, other areas of the City may also be identified for redesignation to BP land uses. Area Specific Policies - Four (4) policies are proposed to guide the transition from existing uses to future BP uses specific to this area (Exhibit Q. The City recognizes that it may take several years for this area to redevelop completely with BP uses. In the meantime, the proposed policies, if adopted, would indicated that it is the City's intent to allow existing uses to remain, as conforming uses, until there is demand for more comprehensive redevelopment. These policies are also intended to guard against piece -meal redevelopment that could result in further isolation of existing uses. SUMMARY/CONCLUSION The City of Eagan, in conjunction with John Allen (Industrial Equities), is proposing to amend the Comprehensive Guide Plan to: 1) establish a new land use category, BP (Business Park) to guide development of high quality mixed office/light industrial uses; and 2) redesignate Planning Report - 494/55 Comp Guide Plan Amendment February 27, 1996 Page 6 approximately 235 acres from CPD (Commercial Planned Development) to -BP (Business Park) land uses for property bound by I-494, TH 55 and TH 149 in the northeast area of Eagan. The land use amendment is needed because the existing CPD designation does not provide clear direction to guide future development, there is a limited need for additional commercial development in the City, and to accommodate Mr. Allen's proposed business park development. The primary concerns expressed by residents and property owners with regard to land use were how a change from CPD to BP would affect property values and traffic circulation. DICTION TO BE CONSIDERED A. To recommend approval or denial of a Comprehensive Guide Plan Amendment to establish a new land use category entitled "BP - Business Park", including corresponding city wide policies as presented in Exhibit B and area specific policies as presented in Exhibit C. B. To recommend approval or denial of a Comprehensive Guide Plan Amendment to redesignate approximately 235 acres from CPD (Commercial Planned Development) to BP (Business Park) land use and establish corresponding area specific policies as presented in Exhibit C, for property located south of I-494, east of TH 149, west of TH 55 in the North 1/2 and part of the SE 1/4 of Section 2. i-3 . H �oCAT ioN 650 I IN EIIIII1IIII 9 S. O N CITY OF EAGAN EXISTING LAND USE EXHIBIT A-1 'ST4 CPD c mmerciat! PtmineA DNe.(vf#t^t IND Ir%Am otl. P I Ar PF VuWtG fAuI t MR 964h rhWd Ni 41t42 EXHIBIT B COMPREHENSIVE GUIDE PLAN - LAND USE PLAN (Proposed Amendment) BUSINESS PARK (BP) LAND USE CATEGORY (CITYWIDE) Background 2/16/96 The City is considering the creation of a new land use category, and corresponding zoning district, to guide high quality mixed development that includes office, R & D and pure light industrial uses. Current land use categories and corresponding zoning districts do not adequately accommodate mixed developments that blend office, R & D and pure light industrial uses. As such, the intent is to create a new land use category and corresponding zoning district to guide the location and development of high quality mixed office/light industrial development. The proposed Business Park land use category is intended to apply to the entire city and will become part of the Comprehensive Guide Plan which will be updated over the next few years. Areas of the City that would be appropriate for this land use designation will be identified as part of the update process. General Description The Business Park land use category is intended to accommodate a mix of office, research, light industrial and supporting commercial service uses. The intent is to promote higher density office/light industrial uses in attractive, unified developments. Development would be subject to specific zoning and.performance standards for building materials; signage and landscaping to ensure attractive and unified development and land use compatibility adjacent to residential or commercial/retail development. General Policies The following policies are intended to apply to areas designated for Business Park land use anywhere in the City. These should be considered working policies as additional policies or refinements of these working policies may be considered as part of the overall update to the Comprehensive Guide Plan and Map required by 1998. However, subsequent policies or refinements should not substantially alter the proposed direction of these interim policies. (NOTE: additional policies apply to the area bound by I-494, TH 55, and TH 149.) Policies: 1. The City will support Business Park development consisting of uses that are more labor intensive than typical industrial development, including office, research, light industrial and support commercial services. Low density uses, such as trucking operations and outside storage would not be encouraged 2. The City will support Business Park development that has a tax revenue to land area ratio higher than provided by typical industrial development. I / y 2/16/96 3. The City will encourage Business Park development in locations adjacent to major roadways, with easy accessibility and a high degree of visibility, as well as locations adjacent to commercial/retail/office development (e.g. Central Area; along I-494) 4. The City will support Business Park development in areas of at least six (6) acres to ensure sufficient size to create an identifiable presence as a cohesive development with adequate space for aesthetic treatment. S. Zoning classifications appropriate for the Business Park land use include Business Park (proposed) and Research and Development. 7f EXHIBIT C 2/16/96 COMPREHENSIVE GUIDE PLAN - LAND USE PLAN (Proposed Amendment) INTERIM LAND USE POLICIES SPECIFIC TO I494/HWY SS AREA Background This area, bound by I-494, TH 55 and TH 149, is guided for Commercial Planned Development (CPD) and zoned for Planned Development (PD), except for the existing residences along Blue Gentian which are zoned residential and agriculture. Due to lack of clear policies in the existing Comprehensive Guide Plan regarding CPD and the absence of a specific Planned Development Agreement relative to the PD zoning, there is no clear direction for how or what types of development should occur in the area. Much of the area was rezoned from I-1 Light Industrial to PD in the mid-1970s. The land use designation was changed to CPD in 1988 with the intent that a planned development agreement would be prepared for the area However, since no specific development proposal emerged for the area, no planned development agreement was ever created. A Commercial Land Use Study completed for the City in 1994 concluded that the demand for commercial development is limited, particularly larger scale commercial development such as a regional shopping center, as previously envisioned for this area The study also suggests that areas with CPD designation be re -categorized to reflect better defined and more appropriate uses. The City recently received a specific development proposal for property along Blue Gentian Road. The proposal is for a "business park" consisting of a mix of office and light industrial uses. Since this is not a commercial development the land use designation must be changed to allow the proposed use. Subsequently, the City is considering redesignation of this area for Business Park land use. Given the existing mix of actual land uses, there is a need to develop policies specific to the area to guide the transition from existing uses to future business park uses. The City's intent is to allow existing residential uses to remain, as conforming uses, until there is demand for more comprehensive redevelopment. Subsequently, the zoning will remain inconsistent with the Comprehensive Guide Plan until the area redevelops on a larger scale. General Area Description This area consists of a variety of existing land uses including single family residential, motel, office and older industrial uses. There is also a significant amount of vacant land within the "triangle". The area is adjacent to an interstate freeway and two State highways. As such, it has good visibility and access. However, access to TH 55 and TH 149 to accommodate new development is subject to approval by the State and may be limited to ensure safe circulation and traffic flow. The "triangle" is located between existing older industrial uses and newer light industriallresearch and development uses (The Waters). Future development should be compatible with the existing adjacent uses. The area is subject to airport noise and potential high volumes of truck traffic which reduce its desirability for new residential development. This is also it major entrance to the City. As such, an opportunity exists to ensure that new development 77& V16196 in this area presents an attractive entry image. Area Speeifee Policies The following working policies are intended to provide additional direction in reviewing development projects within the area bound by I494, TH 55 and TH 149. These are intended as interim policies to guide the transition from existing uses to future (Business Park) uses in this area. Policies: 1. The City expects the area bound by I-494, TH 55 and TH 149 to develop and redevelop over the next 10-20 years with business park uses. Existing residential and general businessorindustrial uses are considered transitional, but the timing of the transition to business park uses should be a fimction of private market forces. The City will actively encourage the transition to business park uses through its general marketing efforts and consideration of potential future economic incentives. 2. The City will support the continuance of existing residential and general business/industrial uses in the area until there is a strong indication of market support for large scale redevelopment with business park uses. The City will support rezoning of property with existing residential use to R-1 and rezoning of properties with existing general businesslndustrial uses to I-1 to allow them to exist as conforming uses until redevelopment occurs. 3. The City will support rezoning to Business Park or compatible zoning districts in areas of sufficient size to provide a cohesive development. The City will not support rezoning that would result in piecement, lot -by -lot redevelopment or that would result in further isolation of existing residential uses. 4. The City will strive to ensure new Business Park development does not negatively impact existing residential properties through the development review process, including enforcement of specific zoning standards and performance guidelines. Agenda Information Memo March 5, 19% Eagan City Council Meeting C. CODE AMENDMENT AND REZONING - CITY OF EAGAN ACTION TO BE CONSIDERED: ► To approve or deny an Amendment to Chapter 11 "Land Use Regulations (Zoning)", Section 11.20 regarding use districts to establish a new use district by adding Section 11.20, Subd. 22 "BP Business Park District" as described in Exhibit B of the staff report. ► To approve or deny an Amendment to Section 11.03 regarding Definitions to Exhibit C of the staff report. Chapter 11 "Land Use Regulations (Zoning)", add 18 definitions (#88-105) as described in ► To approve or deny a Rezoning from PD to R-1 for property described as: Kollofski's Addition, Lots 2-4, Block 1 and Lots 2-4, Block 2; Robert O'Neill Homestead, part of Lot 6 (P.I.D. #10-53320-61-00, 10-53320-062-00). ► To approve or deny a Rezoning from PD to I-1 for property described as: Robert O'Neill Homestead, part of Lot 5 (P.I.D. # 10-53320-052-00) and part of Lot 3 (P.I.D. #10-53320-032-00); Robins Addition, Outlot E. ► To approve or deny a Rezoning from PD to BP for property described as: Robert O'Neill Homestead, part of Lot 8 (P.I.D. #10-53320-090-00,10-53320-091- 00, 10-53320-092-00); P.I.D. #10-00200-010-28, #10-00200-020-28, #10-00200- 060-32, #10-00200-050-32, #10-00200-020-30 in the NW 1/4 of Section 2. FACTS: ► The area bound by I494, TH 55 and TH 149 has historically been zoned for a variety of uses. In 1976 the entire area, with the exception of residential properties along Blue Gentian Road, was zoned to PD. However, no planned development agreement was ever executed for this area to define permitted uses. While the present zoning is not clear, past zoning, and redesignation to CPD land use suggests that the area was intended for industrial or retail commercial uses. As such, the City has considered residential uses to be non -conforming. ► These code amendments will 1) establish a new zoning district - BP (Business Park); and 2) rezone several parcels of land. The zoning text amendment will establish a new BP zoning district that accommodates mixed developments that blend office, R & D and light industrial uses. P. The proposed rezonings fall into 3 categories, R-1, I-1, and BP. Existing residential uses in the Kollofski Addition (Lawrence Ave. and Linde Lane) would be rezoned to R-1. Existing industrial uses around the intersection of TH 55 and TH 149 (e.g. TNU Coating, Great Dane) would be rezoned to I-1. The remainder of the parcels fronting on TH 55 (including Airliner and Spruce) would be rezoned to BP. The John Allen/RES property will be rezoned through their request for a business park PD (agenda item D). The existing residential properties on Blue Gentian are not proposed to be rezoned and will retain their existing R-1 and A zoning. to. Two public information meetings were held (Nov. 15, 1995 and January 30, 1996) to obtain input from affected residents, business and property owners. At those meetings, residents and property owners expressed support for the proposed rezoning to make their properties conforming uses. The Advisory Planning Commission conducted a public hearing on the proposed Code Amendment and Rezoning at its regular meeting on February 27, 1996 and recommended approval of all the proposed amendments. ISSUES: The APC asked staff to work with John Allen to modify some language regarding permitted uses in the proposed BP zoning district. Both agreed to meet prior to the City Council meeting. A copy of the BP zoning ordinance reflecting any language revisions will be distributed at the City Council meeting. BACKGROUND/ATTACHMENTS: APC minutes of FeIguary 27, 1996, pages � through (Fe Staff report, page through 612 432 3780 SENT BY; 2-29-96 : 9:49AN ; SEVERSON SIIEIMN-a 681 4694:# 5/18 P•dgc 4 pebruary 27, 1996 ADVISORY PLANNING G01V%USSION i-494/HWY 5541WY 149 COMPREHENSIVE GUIDE PLAN AMENDMENT CITY OF EAGAN - JOHN ALLEN AND CODE AMENDMENT AND REZONING - CITY OF EAGAN Chairman Miller opened the next public hearings of the evening for items A and li regarding a Comprehensive Guide Plan Amendment to establish a new land use category called BP (Business Park) and redesignate approximately 235 acres from CPD (Commercial Punned Development) to BP 55(Business the no Park) '/ and part of the Southeast �/+ south of T-494, west of TH 149, east of TH of Section 2 and an Amendment to Chapter 11. (Zoning), Section 11.20 regarding use districts to establish a new use district called BP (Business Park) and a Rezoning of approximately Z00 acres to various zoning districts for property located south of 1-494, app Y west of T11 149, east of TH 55 in the north '/2 and part of the southeast'/4 of Section 2. Planner Farnham introduced these items. Ms. Farnham highlighted the information presented in the City staffs planning reports dated February 21, 1996. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject properties. Ms. Farnham further outlined the City staff s evaluation of the proposed Comprehensive Guide Plan amendment, the proposed zoning ordinance amendments and the proposed rezoning of the subject properties. Ms. Farnham noted that the proposed BP land use and zoning district would accommodate "hybrid" development that blends office and light industrial uses. Ms. Farnham further noted three alternatives each for land use and zoning were developed and presented for review by area residents and property owners at two neighborhood meetings. The APC: at its most recent workshop session selected land use Alternative 1 and zoning Alternative 1 for consideration at the public hearing. chairman Miller opened the public hearing on the proposed Comprehensive Guide Plan amendment item. In response to the question of a resident at 1360 Lone Oak Road, Ms. Farnham outlined the permitted and conditional uses which would be allowed in a business park district. A resident from 988 Blue Gentian Road inquired whether the residential property owners would be assessed for the road improvements at a commercial rate because of the business park designation and therefore be required to pay more assessments. City Attorney Dougherty advised the resident that public improvement assessments are based on the benefit received by the individual property assessed as a result of the road improvement. City Attorney Dougherty further stated that because her property is currently residential use and would remain as residential upon any assessments, it would be assessed at a residential -use level. A resident from 988 Blue Genthm Road inquired why the residential property owners should be assessed for a road 612 432 3780 SENT BY: 2-29-96 : 9:50AM SEVERSON SHELDON- 681 4694:# 6/18 Page 5 February 27, 1996 ADv1sORY PLANNING COMM1SS10N improvement required as a result of a commercial development and not for the resident's needs. Chairman Miller responded that the residents have the right to contest any assessments. Member Heyl stated that the City is in need of a "hybrid" district which permits uses that are between straight industrial and commercial uses and supports a City-wide business park designation category. Member Tsberg concurred with Member Hey]. Member Heyl moved, Member Tsberg seconded, a motion to recommend approval of a Comprehensive_ Guide Plan Amendment to establish a new land use category called BP (Business Park), including corresponding City-wide policies and area specific policies as presented in Exhibit B and Exhibit C respectively in the City staffs planning report. All approved in favor. Member Segal specifically noted and commended City staff for its work on this matter. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a redesignation of. approximately 235 acres from CPD (Commercial Planned Development) to BP (Business Park) land use, for property located south of I-494, west of TH 149, east of TH 55 in the north 1/2 and part of the Southeast'/. of Section 2 All approved in favor. Chairman Miller next opened the public hearing on Item B, the proposed zoning ordinance amendments and the rezoning of the approximate 200 acres. John Allen of Industrial Equities, the applicant for the preliminary subdivision and preliminary planned development in Item C, stated that the list of permitted uses is a revised draft of the proposed ordinance which he had an opportunity to review and specifically expressed concern as to the ambiguity of the term "warehouse" and the removal of the term "processing" from Paragraph B.4. of the permitted use provision. Mr. Allen stated that there is a need for clarification in the ordinance of what would be a permitted use under Paragraph B.4. Mr. Allen stated that he would prefer the inclusion of the term "processing" in Paragraph B.4. because without it the permitted uses may be too restrictive which in turn would restrict potential tenants. Mr. Allen stated that his proposed business park campus will include only up -scale business uses, and will not involve any heavy industrial, distribution, truck terminals or smelting -type uses. Mr. Allen concluded that as Paragraph B.4. is currently proposed, he does not support the ordinance without clarification of what is permitted under Paragraph 13.4. and that the 612 432 3780 SENT BY: 2-29-96 ;10:57AM ; SEVERSON SHELDON-+ 681 4694;# 2/ 4 Page 6 February 27, 1996 ADVISORY PLANNING COMMISSION true intent of a "Business Park" district be set forth in the ordinance. Planner Farnham explained that the term "processing" was removed after the staff discussed its concern that under the previous language, raw material manufacturing could be deemed permissible and staff wanted to restrict those uses which it determined not to be desirable in a business park district on a City-wide basis. A representative of TMI Coating stated that it consents to the T-1 rezoning of his property currently zoned PD located on the southeast corner of the triangle. Member Heyl stated that she would recommend approval of the zoning ordnance amendment as drafted by City staff without those changes requested by Mr. Allen. Member stated that the ordinance will have City-wide application and is not to merely cater to Mr. Allen's proposed development project on his property. Chairman Miller suggested staff meet with the developer to work out issues prior to the City Council meeting and they both agreed to do so. Member Segal moved, Member Heyl seconded, a motion to recommend approval of an Amendment to Chapter 11 (Zoning), Section 11.20 regarding use districts to establish a new use district called RP (Business Park), by adding Section 11.20, Subd. 22 "BP Business Park District", as described in Exhibit B of the staff report and as further modified per discussions between staff and developer. All approved in favor: Member Segal moved, Member Isberg seconded, a motion to recommend approval of an Amendment to Chapter 11 "Land Use Regulations (Zoning)", Section 11.03 regarding Definitions to add 18 definitions (#88-105), as described in Exhibit C of the staff report.. All approved in favor. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Rezoning from PD to R-1 for property described as: Kollofski's Addition, Lots 2-4, Block 1 and Lots 2-4, Block 2; Robert O'Neill Homestead, part of Lot 6 (P.T.D. #10-53320-061-00 and 410-53320-062-00). All approved in favor. 612 432 3780. SENT BY: 2-29-96 : 9:51AM SEVERSON SHELDONy 681 4694:# 8/18 Page 7 February 27, 1996 ADVISORY PLANNING Coh IISSION Mcmber Segal moved, Member Richards seconded, a motion to recommend approval of a Rezoning from PD to 1-1 for property described as: Robert OTTeill Homestead, part of Lot 5 (P.I.D. 410-53320-052-00) and part of Lot 3 (P.I.D. #10-53320-032-00); Robins Addition, Outlot E. All approved in favor. Member Segal moved, Member Richards seconded, a motion to recoxnxnend approval of a Rezoning from PD to BP for property described as: Robert O'Neill Homestead, part of Lot 8 (P.I.D. 410-53320-090-00, 10-53320- 091-00, 10-53320-092-00); P.I.D. 410-00200-010-28, 010-00200-020-28, # 10-00200- 060-32, 910-00200-050-32, 910-00200-020-30 in the NW'/, of Section 2. All approved in favor. Member Isberg stated that he commends City staff for its work on these itcros. S 6 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 21, 1996 APPLICANT: City of Eagan PROPERTY OWNER: various CASE: .2-RZ-1-2-96 HEARING DATE: February 27, 1996 PREPARED BY: Judie Farnham REQUEST: Zoning Ordinance Amendments and Rezonings LOCATION: Area bound by I494 (north), TH 55 (west), and TH 149 (east) COMPREHENSIVE PIAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) ARY OF REQUEST The City of Eagan is proposing an Amendment to Chapter 11 "Land. Use Regulations (Zoning)", Section 11.20 regarding use districts to establish a new district entitled "BP (Business Park)"; an Amendment to Chapter 11 "Land use Regulations (Zoning)", Section 11.03 regarding Definitions; and a Rezoning of approximately 220 acres to various zoning districts as shown on Exhibit A, for property located in the North 1/2 and SE 1/4 of Section 2. The current PD (Planned Development) zoning designation in this area is ambiguous. There is no planned development agreement defining permitted uses on properties in this area zoned PD. In addition, the City's current Zoning Ordinance does not include a zoning district that adequately accommodates mixed developments that blend office, R & D and light industrial uses. The intent is to create a new zoning district that would correspond to the proposed new land use category BP (Business Park) to guide development of high quality mixed office/light industrial uses. The proposed amendment will result in the creation of a new zoning district which identifies permitted and conditional uses and associated area standards and performance requirements. The new zoning district would apply to ,all area in the city zoned BP. The amendment also includes a proposed rezoning of most properties within the area bound by 1-494, TH 55 and TH 149, from PD to BP, R-1 or I-1. While this report will describe the proposed new BP zoning district, it will focus on the proposed rezonings in this area AUTHQRITY EER REVIEW City Code Section 11.40, Subd. 5 A. Provisionsstates that '"amendments changing the boundaries of any district or changing the regulations of any existing district may only be made by an affirmative vote of 2/3rds of all members of the Council.% and Section 11.40, Subd. D. Public Hearin states that "The Planning Commission shall hold at least one public hearing affording X11 Planning Report - 494/55 Zoning Amendment February 27, 1996 Page 2 the parties interested the opportunity to be heard." Need for New Zoning. District - The City's current Zoning Ordinance does not include a zoning district that adequately accommodates mixed developments that blend office, R & D and light industrial uses. In addition, there is little distinction between light industrial uses and heavier, I-2 uses. The current I-1 Light Industrial district allows a wide variety of uses, from Lull Industries to National Computer Systems. Given market trends toward developments that mix office, research and light industrial uses, it seems appropriate to develop a zoning district, and associated standards to accommodate and regulate that type of development. Need for Rezoning in this Area - The area bound by I-494, TH 55 and TH 149 has historically been zoned for a variety of uses. The 1959 zoning map indicates a mix of residential, agricultural and industrial zoning. During the early 1970s the northeast portion of this "triangle" area was zoned for commercial use. In 1976 the entire area, with the exception of residential properties along Blue Gentian Road, was rezoned to PD. No planned development agreement was ever executed for this property to define permitted uses. While the present zoning is not clear, past zoning, and redesignation to CPD land use suggests that the area was intended for industrial or commercial uses. As such, the City has not considered residential uses to be conforming. This has been a source of frustration for residential property owners in the Kollofski Addition. Because of the ambiguity of the present PD zoning, it is unclear what new uses would be allowed on vacant or redeveloping property in the area. PD zoning is intended to be applied via an agreement that specifies uses and any special conditions relative to that development. In effect, PD zoning does not exist independant of a PD agreement. Every property must be given some zoning classification which defines how it can be used. Property owners look to the City to provide direction on how their property can be used. The intent of the proposed rezoning is to clear up the existing ambiguities to provide better definition and direction regarding the use of the these properties. EXISTING CONDITIONS The area is characterized by a mix of existing uses. There are two residential pockets. One, along Blue Gentian Road consisting of 11 residences is not proposed for rezoning. The other, located off TH 55 east of the Airliner/Spruce motels, along Lawrence Ave. and Linde Lane (the Kollofski Addition) consists of 5 residences and an old farmstead. There are several commercial and industrial businesses in the area us well. The Airliner and Spruce motels, along TH 55, were recently boarded up and will be removed this spring. IM Coatings (corrosion control), off TH 149 consists of an office building and 2-3 other buildings (the owner has indicated that only the office building is intended to remain). This business involves outside truck and equipment Planning Report - 494/55 Zoning Amendment February 27, 1996 Page 3 storage. A business named Auto Dismantling Research Center is located in a building just south of TMI Coatings. Finally, the Darcom/Great Dane building houses 3 separate light industrial uses (Great Dane -sales, service and parts; Arcade Body Shop; Mid -Northern Electric). The remainder of the area is undeveloped and under independent ownership. The property in the NE quadrant is part of Robins Addition and is owned by RES/494 Investment. This includes the property Mr. Allen is proposing to purchase and develop. In fact, Mr. Allen is working in cooperation with RES/494 to develop a "business campus" on that entire area as a planned development (see Case # 2-RZ-16-10-95). SURROUNDING USES North - I494, Mendota Heights East - The Waters, a few residences; designated CPD, zoned PD and A South - TH 55, light industrial; designated IND, zoned I-1 West - TH 55, light industrial; designated IND, zoned I-1 EVALUATION OF THE REQUEST Three zoning alternatives were developed for review and comment by the public and the APC prior to selecting the preferred alternative to focus on at the public hearing. All alternatives proposed retain the existing R-1 and A zoning on properties along Blue Gentian Road. Briefly, the alternatives include: Alternative 1: Rezone majority of area BP; rezone Kollofski Addition residential uses to R-1; rezone southern tip of the "triangle" (TMI Coatings and south) I-1. Alternative 2: Rezone John Allen/RES/494 Investment properties BP; rezone Kollofski Addition residential uses to R-1; rezone southern tip of the "triangle" CMI Coatings and south) and other properties fronting on TH 55 to 1-1. Alternative 3: Rezone all property BP except Kollofski Addition residential uses which would be rezoned R-1. Two public information meetings were held to provide an opportunity for area residents and property owners to review and respond to the proposed zoning (and land use) changes. Many residents of the Kollofski Addition expressed frustration at the current non -conforming status of their properties and were supportive of the proposed zoning change to R-1 to make them conforming uses. No other major concerns were expressed with regard to the proposed rezonings and new BP zoning district. The APC selected Alternative 1 (see Exhibit A) as the proposal to be considerred at a formal public hearing. It should be noted that the property proposed by John Allen and RES/494 Investment for a business park planned development is not proposed to be rezoned to BP; rather, NSI Planning Report -494/55 Zoning Amendment February 27, 1996 Page 4 it will be rezoned to PD with a specific business park use. As a planned development, additional controls can be specified to ensure unified development within the business park. ***Staff also notes that due to an oversigbi in prgparing the legal notices for these rezonings the TMI Coating RQperties fronting on TH 149 {more Addition Lots 1 and 2) cannot be considered for rezoning at this time These parcels were however, included in the legal notice for the Comprehensive 'de Plan amendment. Proposed BP District Standards - The attached ordinance to establish Section 11.20, Subd. 22 BP Business Park District (see Exhibit B) describes the intent of BP zoning, permitted and conditional uses, area standards (e.g. setbacks, lot sizes), parking and screening requirements, signage provisions and performance standards. Basically, the BP zoning requirements are intended to accommodate mixed office/light industrial development, excluding heavier industrial uses while striving for a high quality of aesthetic treatment by limiting signage, requiring denser landscape screening, establishing exterior building design standards, and excluding outside storage. EMsed New Definitions - The attached ordinance amending Section 11.03 regarding Definitions (see Exhibit C) consists of a list of definitions that cover the uses and terms identified in the proposed BP district. Many of these definitions will have citywide application as they define uses or building materials pertaining to other zoning districts, but are not currently included in our Zoning Ordinance. Proposed Pro eg_gy Rezonings - The intent of the proposed rezonings is two fold. One, to eliminate the non -conforming status of existing residential and light industrial uses; and secondly, to rezone undeveloped properties to BP to be consistent with the proposed land use designation amendment to BP Business Park. Given market trends and locational characteristics of this area, it is conceivable that the area will redevelop with a different mix of uses than currently exist. As such, existing residential and older industrial uses are considered transitional. If the business park proposed by Mr. Allen is approved and is successful, market demand for development of other properties in this area will likely increase. Redevelopment of the entire "triangle" area may occur over the next 10-20, or more years. In the meantime, removing the non -conforming status of .the existing uses will allow property owners to make improvements and fully utilize their properties until private market forces trigger redevelopment. The 1995 Minnesota Legislature enacted legislation requiring consistency between Comprehensive Guide Plans and Zoning by 1998. The legislation states that "Comprehensive Plans shall provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the Comprehensive Plan." In other words, the Comp Guide Plan and Zoning do ltd have to be identical by 1998, but the Comp Guide Plan must include policies for making transitions from existing zoning to future zoning that would be directly consistent with the Comp Guide Plan. Therefore, assuming the Comp Guide Plan designation is changed to BP, the proposed rezonings to districts other than l� Planing Report - 494/55 Zoning Amendment February 27, 1996 Page 5 BP would not be considered inconsistent with the Comprehensive Guide Plan because the Area Specific Policies (see Case #2 -CG -2-2-96) outline the City's approach to make the transition from existing uses to BP uses. 9PUYI' I *A4kUK; i The City of Eagan is proposing to amend Chapter 11 "Land Use Regulations (Zoning)" to establish a new zoning district entitled BP Business District (Section 11.20, Subd. 22); amend Section 11.03 regarding definitions to add 18 definitions; and to rezone approximately 220 acres from PD (Planed Development) to various zoning districts as shown on Exhibit A. The rezoning is intended to 1) eliminate the non -conforming status of existing residential and light industrial uses; and 2) rezone undeveloped properties in the area to BP to be consistent with the proposed land use designation amendment to BP Business Park. Residents and property owners expressed support for the proposed rezonings to make their properties conforming uses. ACTION TO BE CONSIDERED A. To recommend approval or denial of an Amendment to Chapter 11 "Land Use Regulations (Zoning)", Section 11.20 regarding use districts to establish a new use district by adding Section 11.20, Subd. 22 "BP .Business Park District" as described in Exhibit B. B. To recommend approval or denial of an Amendment to Chapter 11 "Land Use Regulations (Zoning)", Section 11.03 regarding Definitions to add 18 definitions (#88- 105) as described in Exhibit C. C. To recommend approval or denial of a Rezoning from PD to R-1 for property described as: Kollofski's Addition, Lots 2-4, Block 1 and Lots 2-4, Block 2; Robert ONeill Homestead, part of Lot 6 (P.I.D. #10-53320-61-00, 10-53320-062-00). D. To recommend approval or denial of a Rezoning from PD to I-1 for property described as: Robert O`Neill Homestead, part of Lot 5 (P.I.D. # 10-53320-052-00) and part of Lot 3 (P.I.D. #10-53320-032-00); Robins Addition, Outlot E. E. To recommend approval or denial of a Rezoning from PD to BP for property described as: Robert O'Neill Homestead, part of Lot 8 (P.I.D. #10-53320-090-00,10-53320-091- 00, 10-53320-092-00); P.I.D. #10-00200-010-28, #10-00200-020-28, #10-00200- 060-321, #10-00200-050-32, #10-00200-020-30 in the NW 1/4 of Section 2. 7l �c Lo,pp fg AMC+Jt?FA 0- -- tis, 2r,4 Avmi cr l / oN .....:.; LIGHT INDUSTRIP CITY OF EAGAN EXHIBIT A-1 EXISTING ZONING PD nt med pcvct oP 1-1 t fjj+ Ir►,tM4WA I PF NpliG fWit . R-1 5 t' c P� l j I�sider� ' p IAre. ng A, Atri CW 4uve., 3 EXHIBIT B ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS -(ZONING)" BY AMENDING SECTION 11.20, REGARDING USE DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. the City Council of the City of Eagan does ordain: Section I. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 22, to read as follows: Subd. 22. BP Business Park District A. Description. The Business Park BP District is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to non -industrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. B. Permitted Uses. Within any "BP" District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the Council: 1: Financial institutions and banks (without drive-through) 2. Office and office buildings. 3. Office/warehouses and officelshowrooms. 4. Processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meets and maintains all applicable standards established by the State of Minnesota. S. Public utility uses. 6. Research laboratories, when wholly contained within a building and which meets and maintains all applicable standards established by the State of Minnesota.. 7. Technical, vocational and business schools. C. Conditional Uses. Within the "BP" District, no structure or land shall be used for the following uses or uses deemed similar by the Council except through the granting of a conditional use permit: D. E. I. Day care facilities. 2. Financial institutions and banks with drive-through facilities. 3. Health care facilities. 4. Health and fitness clubs. 5. Hotels and motels. 6. Off-street parking and loading as regulated in Section 11. 10, Subd. 12.1; herein. 7. Restaurants (Class 1) Permitted Accessory Uses. Within the "BP" District the following uses shall be permitted when incidental to and clearly subordinate to the permitted principal use: 1. Coffee shops and cafeterias located within the principal structure. 2. Garage or. similar structure to more vehicles and equipment. 3. Parking and loading as regulated herein: 4. Retail sales of products manufactured, warehoused or distributed on the premises where the retail floor area does not exceed 15% of the gross floor area or 3,000 square feet, whichever is less, of the building in which the sales area is located. Area Standards and Requirements. 1. Minimum lot area 1.5 acres (65,340 s.f.) 2. Minimum lot width 100 ft. 3. Minimum setbacks for principal buildings L front 40 ft. (100 ft.) - abutting minor arterial, highway or interstate 50 ft, b. side 20 ft. (100 ft.) - abutting minor arterial, highway or interstate 40-50 ft. (per Sec. 11. 10, Subd. 6) C. rear 30 ft. (100 ft.) - abutting minor. arterial, highway or interstate 40-50 ft. (per Sec. 11.10, Subd. 6) NOTE: Setbacks in parentheses apply adjacent to R, P, and PF District. 4. Minimum parking setbacks a. front 20 ft. (40 ft.) b. side 5 ft. (20 ft.) 20 ft abutting public right-of-way C. rear 5 ft. (20ft.) 20 ft. abutting public right-of-way NOTE: Setbacks in parentheses apply ,adjacent to R, P, and PF District. 5. Maximum building coverage 40 % of total lot area 6. Maximum building height 45 ft.; Building heights up to 80 ft may be permitted, subject to .air traffic corridor regulations and a I foot increase in setback for each addition foot of building height. F. PARKING STANDARDS AND REQUIREMENTS. Off-street parking for the "BP" District shall be provided in accordance with the requirements of Section 11. 10, Subd. 12. H. SCREENING AND LANDSCAPING REQUIREMENTS. Screening and landscaping of development within the "BP" District shall be provided in accordance with the requirements of Section l I.10, Subd. 15, with the following additional requirements: 1. Ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets. 2. A minimum three foot high solid screen, consisting of plantings, berms, and/or decorative walls, shall be provided within the required setback where off-street parking areas abut a public right-of-way or property with a different zoning or land use designation. L SIGNAGE PROVISIONS. Signage within the "BP" District shall be provided in accordance with the requirements of Section 4.20 with the following additional requirements: 1. No pylon or roof signs shall be allowed. 2. Building facade signage shall be limited to 10% of the facade area 3. Building facade signage on multi -tenant buildings shall be evenly distributed between all tenants. 4. In multi -lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan. L PERFORMANCE STANDARDS. Development within the "BP" District shall be subject to the following performance standards:. 1. Building Materlah - Major exterior surfaces of all primary structures shall be constructed of face brick, stone, glass, stucco, synthetic stucco, architectural concrete, cast in place or precast panels, or decorative block. Up to 15 percent of any wall surface may be constructed of wood, vinyl, or metal, as accent materials, provided they are appropriately integrated into the overall building design. No exterior surfaces shall be wr structed of sheet aluminum, asbestos, iron, steel, plain concrete block or corrugated aluminum. Roofs, except flat roofs, shall be constructed of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. 2. Accessory Stractures - Accessory structures, either attached or detached from the primary structure, shall be constructed of identical materials, style, quality and appearance as the principal structure. 3. Canopies and Awnings - The design of canopies shall be in keeping with the overall building design in terms of location, size (scale), and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25% of the canopy area Internally illuminated canopies must be compatible with the overall color scheme of the building. The area of illumination shall be considered signage. 4. Loading Docks sad Arm - Off-street loading arrear must conform to the requirements of Section 11.10, Subd. 14, with the following additional requirements: A. Loading docks and maneuvering area shall be solidly screened from all streets and adjacent properties. b. Loading dock doors, railings and other appurtenances shall be compatible with the overall color scheme of the primary structure. S. Outside Storage - Outside storage shall not be allowed. Long-term outdoor parking or storage of commercial tractors and trailers is also prohibited. Trash, recyclable materials, and associated handling equipment shall be stored within the principal structure or in an accessory structure, attached or separate from the primary structure, constructed of building materials compatible with the principal structure. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. L VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: EXHIBIT C ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03, REGARDING DEFINITIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. the City. Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding to Section 11.03 . Definitions, to read as follows: 88. "Architectural Concrete" - A building construction material consisting of concrete that has a surface design, pattern, and texture that enhances the architectural design of the building and is available in a variety of colors. 89. "Case in Place Panel" - A building wall section of concrete poured into place in a form at the building construction site. 90. "Day Care Facility" - A facility licensed by the State or County, public or private, which for gain or otherwise, regularly provides care of one or more children on a regular basis, for periods of less than 24 hours per day, in a place other than the child's own home. 91. "Decorative Block" - A masonry building block or cast concrete and aggregate rock that has a split -rock, brick -like, burnished, or ribbed texture on the side to be exposed, and is available in a variety of colors: 92. "Face Brick" - A masonry building block or clay baked in a kiln until hard. 93. "Financial Institution" - Establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate. 94. "Health Care Facility" - Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. 95. "Health and Fitness Club" - An indoor facility designed and equipped for the IV conduct of sports, exercise, leisure time activities or other customary and usual recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guest of the organization or open to the public for a fee. 96. "Hotel/Motel" - A building or group of buildings offering transient lodging accommodates on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. 97. "Office" - A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. 98. "OfficelShowroom" - A multi -tenant building with gross floor area consisting of at least 30% finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. 99. 'Office/Warehouse" - A multi -tenant building with gross floor area consisting of at least 15% finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. 100. "Plain Concrete Block" - A masonry building block of cast concrete that has no additional surface texturing. 101. "Precast Panel" - A building wall section of concrete poured into a form at the manufacturers facility and shipped to the construction site for installation. 102. "Research Laboratory" - A building, or group of buildings, in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. 103. "Retail Sales" - A use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. • 104 "Synthetic Stucco" - A nonbearing exterior wall cladding system providing both insulation value and finished exterior surface (e.g. EFS panels). 105. "Technical, Business or Vocational School" - A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeaaor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. I VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agend ii Information Memo March 5, 1996 Eagan City Council Meeting D. PRELIMINARY SUBDIVISION (ROBINS 2ND ADDITION) AND PRELIMINARY PLANNED DEVELOPMENT (EAGAN FLAGSHIP BUSINESS CAMPUS) - JOHN ALLEN (INDUSTRIAL EQUITIES AND RES INVESTMENT CO.) ACTION TO BE CONSIDERED: ► To approve or deny a Preliminary Subdivision (Robins 2nd Addition) consisting of four lots on approximately 29 acres of property currently platted as Robins Addition, Outlots B and C, south of I-494 in the NE 1/4 of Section 2, subject to the conditions recommended by the Advisory Planning Commission. ► To approve or deny a Preliminary Planned Development consisting of approximately 80 acres to accommodate a mixed office/industrial development on property currently platted as Robins Addition, Outlots A -D on Blue Gentian Road, west of S.T.H. 149 (Dodd Rd.), south of I-494 in the N 1/2 of Section 2, subject to the conditions recommended by the Advisory Planning Commission. FACTS: The proposed preliminary subdivision (Robins 2nd Addition) consists of four lots ranging in size from 218,800 s.f. (5.02 ac) to 403,728 s.f. (9.27 ac). Public street access is proposed to all lots from Blue Gentian Road. The eastern segment of Blue Gentian Road was improved in 1985 as part of the I-494 and TH-149 interchange project. The west segment, including the residential area, is a rural gravel section road from the west edge of the proposed Robins 2nd Addition to TH-55. The unimproved segment is identified as a future potential urban upgrade project in the City's Capital Improvement Program. Engineering staff raised several concerns about potential increased traffic, particularly truck traffic, using the unimproved section of Blue Gentian. To ensure safety, staff sees three alternatives to accommodate development of the proposed business park: 1) improve Blue Gentian through the residential area; 2) provide an alternative access to Hwy 55; and 3) temporarily close off Blue Gentian, separating the improved portion from the unimproved portion. Given timing and other issues relative to options 1 and 2, staff believes closing off Blue Gentian (via cul-de-sacs) would be the best short-term solution. Construction of the two proposed cul-de-sacs would be contained entirely within the proposed development and existing right-of-way adjacent to this development as shown on Exhibit A in the staff report. Sufficient right-of-way for their construction should be `off dedicated with the final plat for Robins 2nd Addition. Both the Fire and Police Department staff have reviewed the cul-de-sac design and find it acceptable for service vehicle access. They did note that the separation may increase response time. It was also suggested that consideration be given to renaming the east segment of Blue Gentian to avoid the potential to direct emergency vehicles down a dead- end street. ► A traffic study was done to examine traffic flow and capacity impacts resulting from closing off Blue Gentian Road. Results of the study (Exhibit B in the staff report) indicate that full development of the proposed Robins 2nd Addition is possible without negatively impacting area traffic capacity and level of service. However, the study recommends that additional development in the area be closely monitored to ensure associated traffic increases do not result in over capacity situations at the intersections studied. ► Staff will also be working with MnDOT on an access management study over the next 4-6 months. The results of that study will help determine if, and where, a potential new roadway access to TH 55 could be located. ► The proposed planned development will consist of two phases. Phase 1 (approx. 29 acres - proposed Robins 2nd Addition) will consist of four office/warehouse type buildings. Phase 2 (approx. 50 acres) will consist of the property on the south side of Blue Gentian Road currently platted as Outlots A and D of Robins Addition. The Phasing Plan submitted (conceptual site plan) indicates development of six buildings consisting of a mix of straight office, officelshowroom and office/warehouse uses. ► The Advisory Planning Commission conducted a public hearing on this proposed Preliminary Subdivision and Preliminary Planned Development at its regular meeting on February 27, 1996 and recommended approval of both the Preliminary Subdivision (Robins 2nd Addition) and the Preliminary Planned Development (Eagan Flagship Business Campus). ISSUES: ► Roadway: Several concerns were raised about the proposed closing of Blue Gentian via construction of cul-de-sacs. Residents on Blue Gentian expressed concerns about the poor condition of the gravel roadway and the steep slope, noting it can be difficult to get up and placing a cul-de-sac at the bottom of the hill could make the situation worse. Some residents expressed concerns about the cost (assessments) for upgrading Blue Gentian. Concerns were raised about cul-de-sacs being a temporary solution; some believe City should upgrade road now. A representative of Northwest Airlines stated that while they are very supportive of the proposed business park development, closing Blue Gentian to through traffic is unacceptable to them. They believe a second access to TH 55 is very important and closing Blue Gentian will create traffic problems. Staff indicated that they would work with the developer to located the cul-de-sac as far east as possible to lengthen the approach to the hill. Staff also noted that they will be working with MnDOT to explore a possible new access to TH 55. It was also noted that improving Blue Gentian could create hardships for some residents due to the closeness of existing houses and garages to the right-of-way and the need to regrade and widen the road when it is upgraded. Residents were reminded that they can petition the City for roadway improvements at any time. Water Oualily: The developer contends that with the transfer to the City of drainage and utility easements for Pond FP -1, the water quality mitigation requirements have been met. Staff and the City Attorney do not believe there is compelling documentation that the agreement pertains to stormwater management issues other than flood control. As the policy making body for the City, the City Council will need to determine whether the agreement satisfies all stormwater management requirements for the site, including water quality mitigation. CKGROUND/ATTACHMENTS: C minutes of Februp w 27, 1996 es&rough/ T report, pages ough Z3p g no from Rich ras h, and attachments, regarding water quality. 612 432 3780 SENT BY: 2-29-96 ;10=57AM : SEVERSON SHELDON 681 4694:# 3/ 4 Page 8 February 27, 1996 ADVISORY PLANNING CONWSSION PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION INDUSTRIAL EQUITIES Chairman Miller opened the next public hearing of the evening regarding a Preliminary Subdivision (Robins 2nd Addition) of approximately 29 acres legally described as Outlots B and C of Robins Addition and a Preliminary Planned Development of approximately 50 acres legally described as Outlots A, R, C. and D of Robins Addition located south of I-494, west of TH 149, in the north V2 of Section 2. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated February 21, 1996. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham further outlined the City staffs evaluation of the applicant's requests. The applicant, John Allen, was present but gave no comments. Jeff Shea, a division director for Northwest Airlines in the 'Waters development commend staff for its work on the project. He further stated that he supports the business park use restrictions and supports the proposed development. Mr. Shea stated, however, that he was concerned with the ambiguity in the definition of "Light Industrial" and with the proposal to close Blue Gentian Road with the use of two cul-de-sacs. He stated that closing Blue Gentian Road to through traffic is unacceptable to Northwest Airlines. A resident from the south side of Blue Gentian Road stated that she supports the cul-de-sac design, but is concerned with the grades of the cul-de-sac with the existing unimproved gravel section of Blue Gentian Road. John Gorder, Development Design Engineer, stated that the cul-de-sac will be built in accordance to City standards and grades and will be at over the existing paved area of Blue Gentian Road along the west end of the property. Jim Hanson, a resident at 1000 Blue Gentian Road expressed concern regarding the gravel portion of Blue Gentian Road stating that it has the steepest grade in the area and that it needs to be improved if a cul-de-sac is to be used. He stated that with the cul-de-sac, the residents will be forced to get up the steep hill along the gravel area which in the winter is almost impossible without a four-wheel drive vehicle. I -Ie stated that he is not opposed to the cul-de-sac because it will prevent through traffic but his only concern is the grade and the need for it to be improved to allow the residents along Blue Gentian Road to get out to Highway 5-5. Mr. Hanson also stated that the City should consider a more permanent solution than the cul-de-sac. Chainnan Miller suggested that the residents petition the City for the improvement of Blue Gentian Road. Kay Hanson, a resident of 1000 Blue Gentian Road stated thatshe supports the ( Ds 612 432 3780 SENT BY: 2-29-96 :10:58AM : SEVERSON SHELDON- 681 46944 4/ 4 Page 9 February 27, 1996 ADVISORY PLANNING COMMISSION development but questions what impact it will have on the surrounding residential uses and whether the City has considered the residents best interest as well. Mr. Allen suggested that the cul-de-sac could be moved further cast to provide a longer approach to the hill. Community Development Director Reichert explained that the City views the cul-de-sac as an interim solution. Staff will be working with NinDOT to study access issues on Highway 55. That study will help staff to determine if and where a roadway could be constructed that would provide another outlet to Highway 55. Ms. Reichert further noted the study should be complete in four to six months and that a location for a new access to Highway 55 could be identified before Mr. Allen completes his entire development. Member Isberg moved, Member Segal seconded, a motion to recommend approval of a Preliminary Subdivision (Robins 2nd Addition) of approximately 29 acres legally described as Outlots B and C of Robins Addition located south of 1-494, west of TH 149, in the north 1/z of Section 2, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: 131, B2, B3, B4, Cl, C2, C4, D1, E1, F1 and G1. I hilities 2. The developer shall provide inspection manholes over each individual service to provide the City an inspection and monitoring manhole. Storm Drains, , lyelW a, ter Quality 3. , The storm drainage plan should be revised to reflect the proposed catch basins at. the entrance between Lots 2 and 3 connection to the internal storm sewer system drainage to Pond B. 4. if the City Council finds that water quality mitigation requirements have not been met by past agreements, the developer shall be subject to an on-site ponding; requirement. To the degree that the on-site ponding design provided by the developer is inadequate to meet full mitigation requirements, a cash dedication will not be required. (o� 612 432 3780 SENT BY: 2-29-96 : 8:52AN : SEVERSON SHELDON- 681 4694:#11/18 Page 10 February 27, 1996 ADVISORY PLANNING COMMISSION Access 5. The proposed entrance layout will be revised to reflect one entrance at each of the three lots plus one entrance on the west side of Lot I. 6. The developer shall construct two cul-de-sacs to separate the unimproved and improved segments of Blue Gentian Road, Detailed construction plans shall be submitted to the City for review and approval prior to construction_ Easements 7. The developer shall provide a cross -access agreement to allow adjoining parking lots_ $. The developer shall dedicate sufficient right-of-way with the Final Plat for construction and maintenance of the two proposed cul-de-sacs on Blue Gentian Road. Platting 9. The developer shall plat the property. All approved in favor. Member Isberg moved, Member Segal seconded, a motion to recommend approval of a Preliminary Planned Development of approximately 50 acres legally. described as Outlots A, B, C and D of Robins Addition, subject to the following conditions: 1. The Flagship Business Campus Planned Development for Lots 1-4, Robins 2nd Addition and Outlots A & D, Robins Addition, shall consist of Phasc l (approximately 29 acres) and Phase 2 (approximately 50 acres) as shown on the Phasing Plan dated 2/16/96. 2. The Flagship Business Campus Planned Development shall consist of . a mix of office, office/showroom and office/warehouse uses and shall meet, at a minimum, the requirements of the City's proposed Business Park zoning; District. 3. A Final Planned Development Agreement for Phase 1 shall be executed prior to final subdivision (Robins 2nd Addition) and:final planned development approval. The following; exhibits are necessary to this agreement: roe 612 432 3780 SENT BY: 2-29-96 : 9:52AM : SEVERSON SHELDON- 681 4694:#12118 Page 11 February 27, 1996 ADVISORY PLANNING COMMISSION * Final Site Plan * Final Landscape Plan * Final Building Elevation and Signage Plan * Final Lighting Plan 4. Final Planned Development Agreement for Phase 2 shall be executed prior to final subdivision (Robins Addition, Outlots A & D) and final planned devclopment approval. The following exhibits are necessary to this agreement: * Final Site Plan * Final Landscape Plan * Final Building Elevation and Signage Plan * Final Lighting Plan All approved in favor. (D8 TO: JULIE FARNUM, PLANNER DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: NEED FOR COUNCIL POLICY DECISION ON GRADING PERMIT AGREEMENT AFFECTING ROBINS 2ND ADDITION DATE: FEBRUARY 27, 1996 Background Industrial Equities L.L.P. has submitted a preliminary subdivision application to develop about 29 acres of land within the Robins Addition planned development. The PD includes a portion of a 19 acre state protected water designated Pond FP -1 by the City's stormwater management comprehensive plan. Pond FP -1 is identified as a nutrient trap within the City's water quality management plan. A drainage and utility easement over the pond was granted to the City as part of a grading permit agreement reached in 1982. Staff has determined the water quality mitigation requirements for the development using methods that are consistent with the way similar developments have been analyzed in the past. This analysis takes into account standards established in the City's water quality management plan, specifically to avoid the use of natural lakes and wetlands to treat raw stormwater and to emphasize the treatment of stormwater through on-site ponding as much as possible. Issue The developer contends that with the transfer to the City of drainage and utility easements for Pond FP -1 as part of a 1982 grading permit for the Robins Addition PD parcel, the water quality mitigation requirements for this development and the remainder of the PD have been met (see Attachment A). A memo from the City Attorney regarding the issue is also attached (Attachment B).' Facts The facts surrounding this issue are as follows: A grading permit application was submitted by RES Investment Company, the owner of the parcels contained within the Robins Addition, to allow the placement of excavation materials from nearby inter -state highway construction on the site. The grading permit agreement was approved by all parties in May, 1982. The grading permit agreement acknowledges that it is to (cq the benefit of both parties that provisions be made for the dedication of a ponding easement for Pond FP -1. A principle benefit to the City was that the easement would facilitate conveyance of stormwater flows from drainage basin F (approximately 3,500 acres) to the Minnesota River. As part of the agreement, the developer agreed to dedicate the area within and around Pond FP -1 required by the City for storm sewer ponding purposes up to the projected high water elevation of 840.0. The dedication was at no cost to the City. • In order to.accommodate the fill within the property, the developer applied to MnDNR to fill up to 3.2 acres of the state protected water now designated Pond FP -1 in the City's comprehensive stormwater management plan. MnDNR issued a permit to authorize the fill (Permit No. 82- 6128), but required that the applicant create 7.9 acres of wetland/ponding area adjacent to the pond as mitigation for habitat impacts associated with the proposed fill. The mitigation included the creation of three nesting islands in Pond FP -1. No mention is made in the permit documents of the mitigation being made for water quality purposes. The City water quality management plan was adopted by the Eagan City Council in April, 1990, eight years after the grading permit agreement was signed. Action Requested The City Council is requested to make a determination regarding the 1982 grading plan agreement as it pertains to water quality mitigation requirements for the Robins 2nd Addition specifically and the Robins Addition PD in general. If the City Council finds that the agreement meets.water quality mitigation obligations for the Robins Addition PD, neither the Robins 2nd Addition subdivision nor the reminder of the Robins Addition PD would be subject to any further water quality mitigation requirements. If not, the appropriate water quality mitigation requirements for the Robins 2nd Addition would be those recommended by the Advisory Parks, Recreation, and Natural Resources Commission at their February 20, 1996 meeting. Rich Brasch Water Resources Coordinator cc. Ken Vraa Tom Colbert Mike Dougherty llD ATTACHMENT A FREDRIKSON & BYRON, P.A. Attorneys At Law February 14, 1996 VIA FACSBULE & U.S. MAIL Mr. Rich Brasch Water Resources Coordinator City of Eagan 3501 Coachman Road P.O. Box 21199 Eagan, MN 55121 1100 internacional Centre 900 Second Avenue South Minneapolis. MN 55402-3397 (613) 347-7000 FAX (612) 3.37-7077 Direct Dial No. (612) 347-7112 RE: RES Investment Company/494 Investment Company/industrial Equities, L.L.P.-- Robins Addition Dear Mr. Brasch: John Allen and I appreciate the time which you, Julie Farnham and Mike Dougherty spent with us on Tuesday, February 6. At the conclusion of our meeting, I stated that I would write a letter to you setting forth the position of RES Investment Company ("RES") and 494 Investment Company ("4941f). As you are aware, I am a partner in RES, and represent RES and 494 in connection with the proposed sales to Industrial Equities, L.L.P. Taking into account the fact that the discussions and negotiations on behalf of RES and 494 with the Citv, Minnesota Department of Transportation ("MNDOT"), Department of Natural Resources, Johnson Bros. Construction Co. ("Contractor"), among others, took place during the early 1980's, exact recollection of dates, individuals involved, and other specifics is not realistic. With that qualifier, I believe the following to be accurate. The driving parties were MNDOT and the City inasmuch as their needs were immediate. MNDOT/Contractor required a proximate fill site. The City needed to acquire a ponding easement for pond FP -1 because the City's storm sewer ponding areas were inadequate without pond FP -1 --pond FP -1 was needed to accommodate significant water from other areas. For RES and 494, certainly there was a benefit to be achieved, i.e., free fill; but there were significant burdens that accompanied the benefit: necessity of determining the location of Blue Gentian road bed; platting the property; obligating RES and 494 to huge assessments, which necessitated letters of credit --all at a time when there were no immediate development prospects, and the ultimate utilization of the property was undetermined. E:REDRIKSON & BYRON, P.A. Attorneys At Law Mr. Rich Brasch February 14, 1996 Page 2 In exchange for accommodating the City, assurances were given to RES and 494 that the granting of the ponding easement to the City by RES and 494 would satisfy all future ponding and related requirements when the property was to be developed, and that RES and 494 would receive maximum density credit for the land within the ponding easement. Certainly, perfect, all-inclusive language was not used in 1982 to deal with a 1996 technical issue. Frankly, in 1982, lawyers, business people and public officials did not see the necessity to document, in voluminous detail, every understanding --often, a handshake or spoken words sufficed. Enclosed in support of the position of RES and 494 is letter dated February 9, 1996, from C. John Uban, who was actively involved during the 1980's with the subject property as a consultant, and who currently has no vested interest in the property. Among other things, my sense of our meeting is that if RES and 494 were dedicating pond FP -1 today there would be no additional requirement as to ponding or water quality control; or if so, it would be minimal. It would seem that by accommodating the City (and indirectly other property owners) and significantly assisting in the solution of a City problem in 1982, RFS and 494 are being penalized inappropriately in 1996. We trust that fundamental fairness will be operative in this situation, and that you will point out to the City Council the special circumstances relating to the RES/494 property. Thank you for your assistance. Very truly yours, Howard -/G. Stacker HGS:djk Enclosure cc: Michael G. Dougherty, Esq. (via fax) John N. Allen Solly Robins, Esq. Barry H. Effress Howard G. Stacker Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402-3397 RE: Robins Addition Dear Mr. Stacker: FEFJ 13 1996 February 9, 1996 As you requested, I have reviewed the Robins Addition development. The storm ponding on the site was always identified as an issue of mutual benefit between the City of Eagan, Minnesota Department of Transportation, and the owners RES Investment Company, and 494 Investment Company.. The property was identified in City studies as the depository for storm water pond FP -1. Although pipes had been installed draining other parts of the City into this area, no formal drainage system had been completed until the owners applied for Grading Permits for the purpose of accepting on the site several million cubic yards of fill from the construction of I -35E and I494. Since Pond FP -1 was the last link in the City's storm pond system, plans had been produced for the shared benefit with MOOT to complete the system. The owners' Grading Permit agreements with the City of Eagan state that the City agrees that is to the benefit of both parties that the ponding easements are dedicated for the permanent storm pond. This was to be done at no cost to the City and this mutual benefit then provided for all the storm ponding needs for the site. These easements were formalized with the platting of the Robins Addition after MnDOT completed construction of its facilities. DNR permits were obtained indicating preservation of areas for the disturbance to the wetland which included mitigation for the impact of the significant water level fluctuation which is caused by the City storm sewer system. In working on this development from 1980 through 1988, it was always my understanding that it was critical to the City of Eagan to provide for an ultimate drainage system which removed the need for any additional ponding beyond that provided for by the FP -1 pond easement granted to the City and for the piping of the runoff. Based on the large amount of drainage area already dedicated to the City, there should be no additional burden on the land owners to provide additional facilities for the City's storm sewer system or to pay additional funds for ponding or water quality treatment. Sincerely, DAHLGREN, SHARDLOW, AND UBAN, INC. 0—,/ 1 \ O - k6 .V -� C. John Uban Principal /(3 SENT BY: ATTACHMENT B )N- 612 681 4300;# 1/ 1 MEMORANDUM TO: Rich Brasch, Water Resource Coordinator FROM: Mike Dougherty, City Attorney DATE: February 28, 1996 RE: RES Investment Company/494 Investment Company/Robins Addition You had asked that we review some communication between the developers of the Robins 2nd Addition and the City with respect to water quality requirements resulting from the replat of certain lots within Robins Addition. According to the letter from Mr. Stacker, one of the principles involved in the ownership of the property, he indicates that it was the intent of the owners to provide the City with all necessary easements in the early 1986's to allow for full development of their property. Mr. Stacker has indicated that he and his partners provided the City and MnDOT with an opportunity to eliminate problems the City was experiencing and to lower the cost of the 494 project. In return for assisting the City in solving its problem, Mr. Stacker believes that his property should be relieved from further planning obligations. The owners and developers are aware that the water quality requirements of the City did not come into existence until 1990, well after the negotiations which took place in the early 1980's. It is a subdivision requirement that the property which is the subject of a subdivision be responsible for mitigating negative impacts to the water quality as a result of development. Mr. Stacker has raised a policy consideration that needs to be addressed by the City Council as to whether the City wishes to recognize satisfaction of water quality for the Robins property as a result of the actions undertaken in the early 1980's. The Council should have the appropriate information as to the facts and circumstances surrounding the pond dedication in the early 1980's and can then determine what effect, if any, such action had on the satisfaction of the water quality requirement for the proposed development. If you have any questions, please contact me. MGD/wkt Post-itTM brand fax transmittal memo 7671 M of pages . TisS i' ��� Prom Co. Co. Dept`!4o n ``on PhoneMi� Fax N Fax N PLANNING REPORT CITY OF EAGAN REPORT DATE: February 21, 1996 APPLICANT: John Allen (Industrial Equities) PROPERTY OWNER: RES Invest. Co., 494 Invest. Co. CASE: 2 -PP -30-10-95; 2-RZ-16-10-95 HEARING DATE: Feb. 27, 1996 PREPARED BY: Julie Farnham REQUEST: Preliminary Subdivision and Preliminary Planned Development to accommodate a business park development. LOCATION: South of I494, west of TH 149 along Blue Gentian Road COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REQUEST John Allen, Managing Partner of Industrial Equitites L.L.P., is requesting approval of a Preliminary Subdivision (Robins 2nd Addition) consisting of four lots on approximately 29 acres of property currently platted as Robins Addition, Outlots B and C; and a Preliminary Planned Development consisting of approximately 80 acres to accommodate a mixed office/industrial development on property currently platted as Robins Addition, Oudots A -D on Blue Gentian Road, west of S.T.H. 149 (Dodd Rd.), south of I494 in the NE 1/4 of Section 2. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use Pinning Report - John Allen February 27, 1996 Pelle 2 contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. K That completion of the proposed development of the subdivision can be completed in a timely manner so as not tc cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). I That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. l�nned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; Planning Report - John Allen February 27, 1996 Page 3 (2) be feasible for the owner and developer economically to complete according to proposed ply; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." This property was previously_ platted in August 1986 as Robins Addition consisting of five oudots (A-E). Only outlots B and C, north of Blue Gentian Road, are to be included in the proposed subdivision (Robins 2nd Addition). The proposed preliminary planned development will include the proposed Robins 2nd Addition as well as Outlots A and D of Robins Addition. EXISTING CONDITIONS The entire site (Outlots A -D) is undeveloped. It is bound on the north by I-494, on the east by Hwy. 149 and Blue Gentian Road passes through it. Several easements exists on the property. A 1.16 acre scenic easement exists mi the northeast corner of the property. This area is wooded and will not be disturbed by proposed development. A 30 ft. pipeline easement, a 75 ft. NSP transmission easement and a 10 ft. sanitary sewer easement cut through the site in a north -south direction. A large detention pond (FP -1) exists on the south side of Blue Gentian Road. With frontage on major roadways, this site is highly visible. It is also located at a major entry point into Eagan and functions as a sort of gateway to the City. There is a steep grade along the eastern edge of the property that slopes up to Hwy. 149 (Dodd Rd.). This height difference allows a clear view of the entire site from Hwy. 149. There are also some steep slopes around Pond FP -1. The remainder of the site is relatively flat. Most of the site is covered with grasses with the exception of the woodlands in the scenic easement area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - 1-494 and Mendota Heights South - Mixed office and industrial (TMI Coatings); currently zoned PD (Planned Development); currently guided CPD (Commercial Planned Development) East - S.T.H. 149 (Dodd Rd.), residential and The Waters; zoned R-1 and PD; guided CPD (Commercial Planned Development) West - Residential; zoned PD, R 1 and A (Agricultural); guided CPD J17 Planning Report = John Allen February 27, 1996 Page. 4 EVALUATION OF REQUEST Preliminary Subdivision I&A - The proposed Robins 2nd Addition subdivision consists of four lots ranging in size from 218,800 Lf. (5.02 ac) to 403,728 s.f. (9.27 ac). Access/' uyd Design - Public street access is proposed to this site from Blue Gentian Road with entrances at 8 locations. Six of these entrances are proposed to be constructed in pairs at the three internal lot lines with one entrance on both sides of the lot line. These 3 paired entrances should be combined into 3 single entrances; one at each lot line. Also, the proposed entrance in the southeast corner of the site nearest to the intersection of Blue Gentian Road and TH-149 is located along the inside of a curve of Blue Gentian Road. This location, combined with the proposed berm grading and monument signage, would provide an inadequate sight distance for vehicles entering onto Blue Gentian Road at that entrance. This entrance should be eliminated. Elimination of this entrance and the combining of the other entrances would provide a total of four entrances to the development. Blue Gentian Road was constructed as an urban roadway in 1985 as part of the I-494 and TH- 149 interchange project to a point at the west edge of this proposed development. The remainder - of Blue Gentian Road is a rural gravel section road from the west edge of the development to TH-55. This portion of roadway is identified as a future potential urban upgrade project in the City's Capital Improvement Program. Engineering staff raised several concerns about potential increased traffic, particularly truck traffic, using the unimproved section of Blue Gentian, noting that prohibiting truck traffic via signage could become an enforcement problem. To ensure safety, staff sees three alternatives to accommodate development of the proposed business park: 1) improve Blue Gentian through the residential area; 2) provide an alternative access to Hwy 55; and 3) temporarily close off Blue Gentian, separating the improved portion from the unimproved portion. Given timing and other issues relative to options 1 and 2, it seems closing off Blue Gentian (via cul-de-sacs) would be the best short-term solution. While this option will result in some inconvenience to residents, as they will no longer be able to go east on Blue Gentian, it will also provide a safe guard from additional car and truck traffic. Construction of the cul-de-sacs should be contained entirely within the proposed development and existing right-of-way adjacent to this development as shown on Exhibit A. Sufficient right-of- way for their construction should be dedicated with the final plat for Robins 2nd Addition. Both the Fire and Police Department staff have reviewed the cul-de-sac design and find it acceptable for service vehicle access. They did note that response time might be increased. It was also suggested that consideration be given to renaming the east segment of Blue Gentian to avoid the Planning Report -. John Allen February 27, 1996 Page 5 potential to direct emergency vehicles down a dead-end street. Possible new names suggested are "East Blue Gentian" or "Northwest Parkway". Staff directed Short, Elliot, Hendrickson, the City's consulting engineers, to conduct a traffic study to examine traffic flow and capacity impacts resulting from closing off Blue Gentian Road. The intent of the study was to determine how much development can occur with Blue Gentian closed off and at what point access to Hwy 55 will be required; either via full improvement of Blue Gentian or construction of a new route. The study examined peak afternoon hour traffic flow at the intersections of TH 149 with TH 55, Blue Gentian Road (Northwest Parkway) and the I-494 ramps. Traffic volumes were based on existing traffic plus additional traffic anticipated from Mr. Allen's development and the proposed postal information services facility in . The Waters. Results of the study (see Exhibit B) indicate that full development of the proposed Robins 2nd Addition is possible without negatively impacting area traffic capacity and level of service. At this time, no additional lanes need to be added to the eastbound approach of Blue Gentian to TH 149. However, the study recommends that additional development in the area be closely monitored to ensure associated traffic increases do not result in over capacity situations at the intersections studied. It should also be noted that staff has met with MnDOT regarding TH 55 access issues. We will be working with them on an access management study over the next 4-6 months. The results of that study will help determine if, and where, a potential new roadway access to TH 55 could be located Grading - The preliminary grading plan is acceptable with some modifications. A majority of the site was graded in 1985 with the construction of Blue Gentian Road, TH-149 and I-494. The site is close in elevation to I-494 to the north but lies approximately 25 to 40 feet below the TH­ 149 overpass with I-494 to the east. With the exception of a scenic easement area in the northeast corner, most of the site will be disturbed to prepare for building, parking lot and pond construction. The grading plan shows the construction of 4 to 8 foot high berms along Blue Gentian Road.. Storm Drainage - The preliminary storm drainage plan is acceptable with some modifications. Plans submitted indicate two stormwater ponds (A and B) will be constructed on-site. Approximately one-half of the stormwater runoff from the site will drain to existing storm sewer within Blue Gentian Road from the proposed storm water pond B. This existing storm sewer drains to Pond FP -1, classified as a Class 5 Nutrient Trap in the City Water Quality Management Plan. Pond FP -I drains north to Pond FP -14, a Class 7 Storm Water Basin in MnDOT right-of- way, and eventually to the Minnesota River. The proposed catch basins depicted at the entrance between Lot 2 and Lot 3 are not shown to be connected to the internal storm sewer system. The storm drainage plan should be revised to Planning Report - John Allen February 27, 1996 Page 6 reflect these catch basins connected to the internal storm sewer system draining to proposed Pond B. The remainder of the site's stormwater runoff drains to existing Pond FP -14 from proposed Pond A in the northwest corner of the site. Pond FP -14 is located within MnDOT right-of-way along I-494. MnDOT will review this development plan to determine the stormwater discharge allowable from Pond A to FP -14. Water Oua1�XRVAWands - The proposed development is located in drainage basin F in northeast Eagan. The planned development, within which this subdivision is located, includes about two- thirds of Pond FP -1, a 19 -acre state protected water designated as a nutrient trap in the City's water quality management plan. Pond FP -1 will receive at least a portion of the runoff from this development. There are no classified recreation water bodies downstream but the discharge from this site and the remainder of the planned development will eventually reach the Minnesota River. The developer contends that with the transfer to the City of drainage -and utility easements for Pond FP -1, the water quality mitigation requirements for this development, and the remainder of the planned development have been met. Staff and the City Attorney believe that there is no compelling documentation that the agreement pertains to stormwater management issues other than flood control. As the policy making body for the City, the City Council will need to determine whether the agreement has satisfied all stormwater management requirements for the site, including water quality mitigation. In case the City Council decides the developer has not met water quality mitigation obligations for the planned development, staff performed a modeling analysis to determine the appropriate mitigation requirements for this subdivision. The developer has stated his desire to staisfy any water quality treatment requirements through on-site ponding. The ponding configration proposed by the developer, however, is inadequate to fully meet treatment standards because of problems with the design of the ponds (primarily length:width ratios, inlettoutlet separations, and lack of aquatic benches). Thus, a supplemental cash dedication would be required in addition to the on- site ponding proposed on the 2-14-96 plan. A cash dedication amount would be determined after the pond design is finalized. There are no jurisdictional wetlands within the development site. Utilities - The preliminary utility plan is acceptable with some modifications. Sanitary sewer and water service pipes of sufficient size, depth, and capacity were stubbed to each lot with the construction of Blue Gentian Road in 1985. The developer should be required to provide inspection manholes over each individual service located at the property line to provide the City with an inspection and monitoring manhole. �a d Planning Report - John Allen February 27, 1996 Page 7 Fasements/Ri t -of -W /Permits - Several utility easempts exist in an 80 foot wide corridor running north -south through the proposed Lot 2. These include: a 30 foot wide gas pipeline easement, a 75 foot wide NSP transmission easement and a 10 foot sanitary sewer easement. In addition, a 1.16 acre scenic easement exists in the NE corner of the site. The easement is subject to a provision that states "No trees or shrubs shall be destroyed, cut or removed from the easement area except as may be required for reasons of sanitation and disease control." MnDOT's review of the preliminary plat submitted with the application indicated that discrepancies exist between the plat boundaries shown and MnDOT's right-of-way records. The developer should work with MnDOT to resolve these discrepencies prior to final plat approval. A hhMT drainage permit is required for the proposed development. Tree Preservation - The only significant trees on the property are located within the scenic easement. As stated above, the scenic easement prohibits removal of these trees or shrubs for purposes of private development. Parks and Recreation - Staff is recommending to the APRNRC that the developer submit a cash dedication for parks and trails. Preliminary Planned Development Prouosed Use - The proposed planned development will consist of two phases. Phase 1 will consist of the four lots (proposed Robins 2nd Addition) with four office/warehouse type buildings. Phase 2 will consist of the property on the south side of Blue Gentian Road currently platted as Outlots A and D of Robins Addition. The applicant states that the entire planned development will including a variety of office and light industrial uses in a "business campus" setting. While specific uses have not been identified yet for the four buildings, they will need to be consistent with the proposed new Business Park land use and zoning requirements (see Case #2 -CG -2-2-% and 2-RZ-1-2-96). Conatibility with Surrounding mea - This property is located at the northern edge of Eagan, abutting two major roadways (1-494 and Hwy. 149). This area is characterized by a mix of land uses including residential, older industrial and commercial uses, and new industrial, officelheadquarter type developments in The Waters. The proposed "business campus" development is intended to include high design standards and lower intensity industrial uses that should be compatible with adjacent residential uses. Development and performance standards in the proposed new BP zoning 4istrict establish minimum building and parking setbacks, landscaping, signage, and architectural design standards that will minimize the impacts of new development on existing residential uses. Planning Report - John Allen February 27, 1996 Page a Site Plan - As previously stated, the proposed planned development will consist of two phases that are intended to be developed as a unified "business campus" through consistent architectural design, landscaping, signage and compatible uses. The main entrance to the business campus will be at the intersection of Hwy. 149 and Blue Gentian Road. Phase 1 is located on the north side of Blue Gentian and Phase 2 is on the south side. Only Phase 1 is currently proposed for development. Development of Phase 2 will be contingent, in part, on the success of Phase 1. Phase 1: Phase 1 consists of approximately 29 acres on the north side of Blue Gentian Road. The proposed Phase 1 site plan indicates four buildings and related parking on each of the proposed lots as follows: - Lot 1: 47,840 s.f. building; 117 parking spaces shown; 125 required - Lot 2: 98,100 s.f. building; 333 parking spaces shown; 247 -required - Lot 3: 56,048 s.f. building; 161 parking spaces shown; 145 required - Lot 4: 56,048 s.f. building; 183 parking spaces shown; 145 required All proposed buildings will consist of approximately 25% office and 75% warehouse area. Buildings on Lots 1 and 2 are proposed to have their front (main entrance) facades facing north toward I494. The south building facades will contain several loading docks. A minimum 40 foot wide front parking setback (75 ft. from back of road curb) with berming (4+ ft. high) and landscaping is proposed along Blue Gentian to screen the loading docks. Buildings on Lots 3 and 4 are proposed to have their front facades facing west toward Blue Gentian. The east facades, facing Hwy. 149 will contain several loading docks. The parking setback along Blue Gentian varies from 20-80 feet and is similarly bermed and landscaped. The developer states that development will occur in stages. Building No. 2 will be built first, with construction anticipated in Spring 1996. Depending on the market, Building No. 1 may be constructed concurrently with Building No. 2. Buildings No. 3 and 4 are expected to be constructed in Spring 1997. Setbacks - Proposed buildings and parking setbacks meet or exceed code requirements. Parking setbacks along Blue Gentian greatly exceed the 20 fL minimum, with 40 ft. being an average setback. Parkin Access - Separate driveways off Blue Gentian provide access to each lot. Three of the proposed driveways are shared. Generally, the shared access drives are centered over common lot lines. Engineering staff are requesting that the shared entry drives be combined into single drives and that the eastern most driveway be eliminated. This would result in a total of 4 entrances along Blue Gentian for this development. Parking lots between Lots 1 & 2 and 3 & 4 are proposed to cross lot lines. A cross -parking agreement will be required. The total proposed number of parking stalls for all four lots is 794 which greatly exceeds the 662 Planning Report - John Allen February 27, 1996 Page 9 spaces required by Code, however, parking for Lot 1 is less than required by Code. Required parking is based on a rate of 1 stall per 150 s.f. for office space and 1 stall per 400 st for storage./warehouse space, up to 6000 s.f. and 1/1000 s.f. above 6000 s.f.. The proposed parking is based on the developer's estimated parking need for the anticipated users. The developer is also requesting 9 foot wide stalls since the majority of the parking will be for long-term, employee parking. The City has allowed deviations from 10 foot wide stalls in situations where there is not a significant amount of parking turn -over. LandscaRmng - The proposed landscape plan indicates a mix of deciduous and evergreen trees and shrubs will be used to provide screening and foundation planting. The proposed landscaping in conjunction with the 4-8 foot berms along Blue Gentian will provide good screening of loading docks on Buildings 1 and 2. Full screening of loading docks on Building 3 and 4 is more difficult, due to the great change in elevation between TH 149 and the development. Locating the landscaping near the top of the slope will best screen the buildings below from TH 149. Building Materials - Only Building #2 is proposed for construction at this time. The developer intends for Building #2 to be a replica of the Interstate Crossings building on Lone Oak Road. That building consists of dark grey ribbed concrete "tilt -up" panels with a ribbon of reflective glass windows along the front facade. This material is consistent with the building material standards in the proposed BP zoning district. The back of the building contains several loading docks. The proposed BP zoning standards require that loading docks be solidly screened from all streets and adjacent properties and that dock doors, railings and other appurtenances be compatible with the overall building color scheme. ignagg - A total of five (5) monument signs are proposed. One on each of the four lots and a sign for the overall development. No specific plans have been submitted for these signs yet. Prior to final planned development approval, specific signage plans would have to be submitted which meet all sign code requirements. Wilding sigmage - The submitted building elevations do not show specific signage as no actual tenants have been identified yet. Mr. Allen has indicated that signage on Building 2 will be the type as used on the Interstate Crossings Building, which consists of raised individual gold finished letters. All building signage will be subject to zoning code requirements. The proposed BP zoning district would allow building signage equal to 10% of the facade area h a Phase 2 will consist of approximately 50 acres on the south side of Blue Gentian Road The proposed Phase 2 conceptual site plan indicates development of six buildings consisting of a mix of straight office, office/showroom and office/warehouse uses. Phase 2 development is intended to be consistent with Phase 1 in terms of physical appearance and compatible uses. Planning Report = John Allen Febmwy 27, 1996 Page 10 SUMMARY/CONCLUSION The proposed preliminary subdivision for Robins 2nd Addition would create 4 lots on the north side of Blue Gentian Road to accommodate a business park planned development. To ensure traffic from the proposed business park does not use the unimproved segment of Blue Gentian Road, staff is recommending that two cul-de-sacs be constructed, on the developer's property, to separate the unimproved and improved segments of Blue Gentian. A traffic study conducted by SEH concluded that the entire Phase 1 of the planned development could occur with Blue Gentian closed off without a significant impact on the surrounding roadway system. However, additional development (e.g._ Phase 2 or in The Waters) could warrant improvements to Blue Gentian and other roadways in the area The proposed preliminary planned development will consist of two phases intended to be developed with business park uses in a unified "campus" setting. Phase 1, consisting of Robins 2nd Addition, is proposed for development begining this summer. Development of Phase 2 will be contingent on the success of Phase 1. The proposed uses and site plan are consistent with the standards outlined in the proposed BP Business Park zoning district. ACTION TO BE CONSIDERED A. To recommend approval or denial of the proposed Preliminaq Subdivision (Robins 2nd Addition) consisting of four (4) lots on property currently platted as Outlot B and C, Robins Addition, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B3, B4, Cl, C2, C4, D1, E1, F1, GI Utilities 2. The developer shall provide inspection manholes over each individual service to provide the City with an inspection and monitoring manhole. Storm DrainLige/Water Quality 3. The storm drainage plan should be revised to reflect the proposed catch basins at the entrance between Lots 2 and 3connection to the internal storm sewer system draining to Pond B. 4. If the CIty Council finds that water quality mitigation requirements have not been met by past agreements, the developer shall be subject to an on-site ponding requirement. To the Planning Report - John Allen February 27, 1996 Page 11 degree that the on-site ponding design provided by the developer is inadequate to meet fiull mitigation requirements, a cash dedication will be required. ®.fig 5. The proposed entrance layout shall be revised to reflect one entrance at each of the three internal lot lines only. 6. The developer shall construct two cul-de-sacs to separate the unimproved and improved segments of Blue Gentian Road. Detailed construction plans shall be submitted to the City for review and approval prior to construction. Easements 7. The developer shall provide a cross -access agreement to allow adjoining parking lots. S. The developer shallo dedicate sufficient right-of-way with the Final Plat for construction and maintenance of the two proposed cul-de-sacs on Blue Gentian Road. 9. The developer shall plat the property. B. To recommend approval or denial of the proposed Preliminary Planned Development to allow a business park development on Lots 14 Robins 2nd Addition and Outlots A and D, Robins Addition subject to the following conditions: 1. The Flagship Business Campus Planned Development for Lots 14, Robins 2nd Addition and Outlots A & D, Robins Addition, shall consist of Phase l(approximately 29 acres) and Phase 2 (approximately 50 acres) as shown on the Phasing Plan dated 2!16/96. 2. The Flagship Business Campus Planned Development shall consist of a mix of office, office/showroom and office/warehouse uses and shall meet, at a minimum, the requirements of the City's proposed Business Park zoning district. 3. A Final Planned Development Agreement for Phase 1 shall be executed prior to final subdivision (Robins 2nd Addition) . and final planned development approval. The following exhibits are necessary to this agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevation and Signage Plan • Final . Lighting Plan Planning Report - John Allen February 27, 1996 Page 12 4. Final Planned Development Agreement for Phase 2 shall be executed prior to final subdivision (Robins Addition, Oudots A & D) and final planned development approval. The following exhibits are necessary to this agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevation and Signage Plan • Final Lighting Plan /a�O 1250 �Nn Gil 1 L ty �bo 650 W D U W U) O a - O L.L z 0 F- 0 0 z N U) Irol 11 � z •r' W 1 U W D U W U) O a - O L.L z 0 F- 0 0 z N U) =SEN February 13,1996 Ms. Julie Farnham Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Ms. Farnham: EXHIBIT B 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL. MN 55 r 10 612 490-2000 800325-205S ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION RE: Eagan, Minnesota Y' 7, Traffic Study for Robins Second Addition Southwest Quadrant of I-494 and T.H. 149 i S9H No. A-EAGAN9603.00 As requested, we have reviewed the traffic impact to T.H. 149 due to the proposed development of Robins Second Addition in the southwest quadrant of I-494 and T.H. 49 (Figure 1). The purpose of the project was to determine the extent to which the proposed project can be developed without exceeding the capacity of the intersections of T.H. 149 with T.H. 55, Blue Gentian Road (Northwest Parkway) and the I-494 ramps. Based on assumptions detailed below, when the traffic generated by the proposed development is added to the existing traffic, full development of Robins Second Addition is possible. No additional lanes need to be added to eastbound approach of Blue Gentian Road (Northwest Parkway). Existing Level of Service Traffic counts were taken by SEH at the intersections of T.H. 149 with T.H. 55, Blue Gentian Road (Northwest Parkway) and the I-494 ramps in the p.m. peak period from 3:00 p.m. to 6:00 p.m. The level of service at these intersections indicate that each is operating well in.the p.m. peak hour with existing traffic levels. The intersection of T.H. 149 and T.H. 55 is operating at LOS C and the remaining intersections are operating at LOS B. All approaches and turning movements are operating at LOS C or better. Trip Generation Four parcels in the southwest quadrant of I-494 and T.H. 149 are proposed for development as an office/warehouse type land use. Per City staff, the buildings are assumed to be 25% office and 75% warehouse. P14 peak hour trip generations rates for the associated uses were obtained from ITE Trip Generation -5th Edition. Total proposed floor space is 261,968 square feet. During the p.m. peak hour, the development will generate 351 trips, of which 85 trips will be inbound and 266 trips will be outbound. -SHORT ELL/OTT HENDRICKSON INC. MIADYEAPOLIS, MN Sr CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EOUAL OPPORTUN17Y EMPLOYER Ms. Julie Farnham February 13, 1996 Page 2 The 1989 analysis prepared for Dodd Road (T.H. 149) was reviewed to determine what land uses were assumed for the southwest comer of I-494 and T.H. 149. Although it was assumed that the 1989 report included development in the southwest quadrant, we found that it did not. The focus of the report was the development to the east of T.H. 149 which included Northwest Airlines, Wachovia, Cray and Laukka-Beck. Included in this current study is a proposed postal facility on the east side of T.H. 149 between Northwest Parkway and Lone Oak Parkway. The postal facility has been included since it is likely to be approved for development prior to Robins Second Addition. Office trip generations rates were used for the facility since it will be an information and accounting services office building rather than a retail postal facility. Total proposed floor space is 324,000 square feet. During the p.m. peak hour, the development will generate 454 trips, of which 77 trips will be inbound and 377 trips will be outbound. The trip distribution for this study is similar to the assumed trip distribution in the 1989 study. We assumed that 85% of the trips will be to and from the north and 15% of the trips will be to and from the south. Those trips going north from the development will use I-494 and T.H. 149 to access external areas. Those trips going south from the development will use T.H. 55 or T.H. 149 to access external areas. Level of Service with Postal Trips Since the postal facility is likely to be approved for development prior to Robins Second Addition, its traffic was assigned and considered as part of the background traffic of the surrounding road system. Levels of service with this additional traffic were compared to the existing levels of service and were found to have minor impact on the various intersections. The intersection of T.H. 149 and Blue Gentian Road (Northwest Parkway) would operate at LOS B, and the remaining intersections would operate at LOS C. All approaches and turning movements, except two, would operate at LOS C or better. The northbound and southbound left turns at T.H. 149 and T.H. 55 would operate at LOS D. Level of Service with Robins Second Addition Due to the condition of the road and anticipated traffic levels, Blue Gentian Road (Northwest Parkway) will be closed west of the development. All development traffic will enter and exit via the intersection of T.H. 149 and Blue Gentian Road (Northwest Parkway). The eastbound approach of the intersection of T.H. 149 and Blue Gentian Road (Northwest Parkway) currently has a left turn lane and, a shared through and right turnlane (Figure 2). This configuration of the approach is sufficient to handle the additional traffic of the office/warehouse development. The intersection would operate at LOS C. The eastbound left turn movement will operate at LOS D. Ms. Julie Farnham February 13,1996 Page 3 The next intersection most affected by the additional traffic is the intersection of T.H. 149 at the north ramps of I-494. The proposed development along with the postal development adds traffic to the ramp going from northbound T.H. 149 to westbound I-494. Although this development does not bring the ramp to an over capacity situation, the impact of future development in the area to this ramp should be monitored.. It should be noted that Mn/DOT has assumed that some existing traffic will change route from using T.H. 55 and T.H. 149 to using T.H. 55 and T.H. 52 to access westbound I-494 since this new route has recently opened. This should also be monitored with new development. The intersection will operate at LOS C. The intersection of T.H. 149 and T.H. 55 will operate at. LOS C. The westbound left turn and northbound left turn movements will operate LOS D. The intersection of T.H. 149 and the I-494 south ramps will operate at LOS C. All movements will operate LOS C or better. Per our discussion of February 9, p.m. peak analysis for the intersection of T.H. 149 and Lone Oak Parkway and a.m. peak hour analysis for all the intersections is = included in this report due to the timing of the request for additional analysis. The scope of services for these items will be sent to you in a separate letter. After you have an opportunity to review our comments, please feel free to call me at 490-2045 if you have any questions. Sincerely, Short Elliott Hendrickson Inc. Cynthia S. Drake Transportation Engineer do C Glen Van Wormer, SEH Cindy Gray, SEH 3 a d��laUQ�p� z� 6 0 1i 0 n 0 PLAO ROO ' Boum rua NI® oj0000 40 := o� f l}}}} fG a �i ae 4P. L r ILI } oo � N wnr tiw s .rr I r-,", i Flows i ��.� �• d IRILU UTE LOCATM WP LOT T OUTf.iTf ! � UIT i N F l� ti w rW w rt C+ aw w 0OTL0r O PG d s tuv� 7 O 07'r "� P SITE DATA SM AMA . 7fL nraiwrs 0J1ROrJ eLCQ 1 ArWA . 4n~ 0!. MLCG OLDO ! � . 96� � OLDG 4 ATEA . NDA Ota. i ax TOTAL OLDO AIEAN 70oOM • . TOTAL OLOO COvl1 AM . ma t •.r.rrr'i OLOO 1,10 R 91 rAMUMMIM20h ~ . . . OI6 9M.06 2. Wo • O • M • 2A1 � _. In.IMML LT OLOG 1%M • t • N . M OLOG S. IN OLDO 4. f4 • t♦ • N . N 'IOC 0L00 4. W TOTAL 1R07l. TOTAL. 164 �" �•-. t a�O n 0 PLAO ROO ' Boum rua NI® oj0000 40 := o� f l}}}} fG a �i ae 4P. L r ILI } oo � N wnr I Ti ame Ip.IE9ital .I.. . _._.. � M � W/ .o rev A. D arA aff iocllaa Iw uuuuw r • r m r .� AA�ww• r.AA.r.r dr•r0.� ....A�s.. Ira�w.. aAWrw..er r N C G L' L aff iocllaa Iw uuuuw I.A J 1 •� 11.. e d 8�i 09 Ali is s n I , x I�wrr ww 4 " t � J II • rLss M py �.pt�Y1WM 5 f Ir • maw A� � r. r e � N C G L' L MON f . I RECEIVED FEB 2 Q 1996 • ._ . _ ..�=��l:�=�: INDUS?'RIAL - S ARCHITECTS P�►OFESS�9NAl ASSQC�ATION . - / nR M III - Num# U SMAK # wo 1" W -M NIS �M{�11 /Mrd Nh M��� ImiNtA NMN MN NrNN_ +.�*Ltr�n,tierAja `L�'r_AUnrra--= - --- -- ------ Agenda Information Memo March 4, 1996 Eagan City Council Meeting E. CONDITIONAL USE PERMIT - HI -LEX CORPORATION ACTION TO BE CONSIDERED To approve or deny a Conditional Use Permit to allow the exterior storage of chemicals on Lot 1, Block 1, Eagandale Corporate Square subject to the eight (8) conditions recommended by the Advisory Planning Commission. FACTS The applicant proposes the exterior storage of chlorine and sodium hydroxide (caustic) chemicals. The chemicals will be stored in rail cars on an existing rail spur directly adjacent to the facility. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on February 27, 1996 and recommended approval (6:1) of the Conditional Use Permit subject to the eight conditions in the staff report. ISSUES The major concerns raised by staff and the Advisory Planning Commission pertain to safety. The Chief of Police and City Fire Marshal have reviewed the proposal and have determined that although there is some risk involved, the conditions of approval placed on the Conditional Use Permit will ensure that the operation is as safe as it can be. BACKGROUND/ATTACHMENTS (2) APC minutes of Februpry 27, 1996, pa e t13Y through Staff report, page through Lc*-c,r �iro Wil �4 ►� Gtt�MQllrl �..�. ''�1'►►"b�c��i L-'f'-f-� . J /a7 612 432 3780 SENT BY: 2-29-96 : 9-53AM : SEVERSON SHELDON 681 4694;#15/18 Page 14 February 27, 1996 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT - H1 -LEX CORPORATION Chairman Miller opened the next public hearing of the evening, regarding a Conditional Use Permit to allow outdoor storage of chlorine bleach chemicals on Lot 1, Block 1, Eagandale Corporate Square located south of Apollo Road and east of Neil Armstrong Boulevard in the NWV4 of Section 11. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated February 16, 1996. Mr. Dorgan noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Dorgan further outlined the City staffs evaluation of the applicant's request and noted that the property had a previously approved conditional use permit for the exterior storage of chlorine and sodium hydroxide. Craig Erickson, general counsel for Hi -Lex Corporation, briefly stated the background and history of Hi-Lcx Corporation. He fin-ther noted that Pure Corporation had a conditional use permit approved in 1986 for exterior storage of chlorine; however, tree use was never implemented. He stated that since 1986 federal safety regulations have increased significantly and the safety mandates are very stringent. He further noted that the applicant has concerns about Condition No. 5 requiring an eight -foot security fence around the storage rail car because the applicant does not own the property on which the fence shall be installed. A resident from 1364 Lone Oak Road inquired as to the affect of any spill runoff into surrounding holding ponds. Community Development Director Reichert noted that the applicant will be required to submit an emergency safety plan for actions in case of a spill. Dave Hoffman, an employee of the property owner east of the subject property, stated that while that property adjacent to the tli-Lex property is currently vacant, there is a very good potential for commercial development and use on that property in the future. Member Heyl stated that in connection with Condition No. 3 requiring a hazardous material management plan "prior to the execution of the conditional use permit" and within six months City Council approval, she suggested that the applicant submit a hazardous materials management plan prior to the issuance of the conditional use permit and that the Fire Marshall approve the plan. Chairman Miller stated that he doubts the storage of chlorine and sodium hydroxide chemicals is safe and questioned whether the City of Eagan really wants to permit the City. Member Frank responded that oil removed from an automobile is deemed hazardous waste and that the APC members are not experts and it should defer to the Federal, State and City experts who say that the storage of the chemicals is safe. Member Richards stated that there is nothing in the City staffs report that states that the storage of the chemicals are safe and Chairman Miller Added that the Fire Marshall states that there is at least a "minimal risk". Mr. Erickson noted (hat ( 3q 612 432 37BO SENT BY: 2-29-96 : 9:54AN : SEVERSON SHELDON 681 4694:#16/18 Page, 15 Ee,bruary 27, 1996 ADVISORY PLANNING COMMISSION the City of St. Paul has allowed Hawking Chemical to store the same substances outdoors since the turn of the century and have experienced absolutely no problems. Member Heyl stated that a typical high school science lab is full of toxic chemicals and that our society has. become dependent upon chemicals. She further noted that there are Federal and State regulations that govern the safety issues. Chairman Miller stated that the benefits of permitting the use in Eagan do not outweigh the risk of harm by the use. In response to Member Scgal's questions, Mr_ Erickson stated that Hi -Lex needs to use non -diluted chlorine for monetary reasons: the cost and the profit margin of the business. Tom Gates, the President of Hi -Lex, stated that Hi -Lex proposes to store the chemicals outdoors in a storage rail car for safety reasons in that the transfer of chemicals from the rail car to a storage tank is much more dangerous than merely storing it in the rail car. Mr. Gates further stated that without a storage rail tank, Hi -Lex will continue to require approximately 450 semi -truck trailers coming into the property per year. Member Frank noted that 450 semi -truck trailers per year coming in presents a much greater risk of harm than 18 rail cars a year. The Commission Members discussed Member Richards' suggested amendment to Condition Nos. 2 and 3 regarding the updating of the emergency plan and the hazardous material management plan. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of chlorine bleach chemicals on Lot 1, Block 1, Eagandale Corporate Square located south of Apollo Road and east of Neil Armstrong Boulevard in the Neil'/4 of Section 11, subject to the following conditions: 1. Parking and storage areas of the facility shall be properly maintained. 2. The Emergency Plan shall be reviewed and approved annually by the City Fire Marshall. 3. The Hazardous Materials Management Plan shall be reviewed and approved annually by the City Fire Marshall. 4. Proper measures shall be made to secure the railroad cars, connections and connection areas. 5. An eight (8) foot cyclone security fence with an outward angled barbed wire top must be installed around the railroad spur where the rail cars are to be stored. All approved in favor except Chairman Miller opposed. REPORT DATE: PLANNING REPORT CITY OF EAGAN February 16, 1996 APPLICANT: Hi -lex Corporation PROPERTY OWNER: Prudential Insurance Co. REQUEST: Conditional Use Permit LOCATION: 990 Apollo Road COMPREHENSIVE PLAN: Light Industrial (LI) ZONING: Limited Industrial (LI) CASE #: 11 -CU -4-1-96 HEARING DATE: February 27, 1996 PREPARED BY: Steve Dorgan Hi -lex Corporation is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of chlorine and sodium hydroxide (caustic) chemicals at the Hi -lex Corporation facility located at Lot 1, Block 1, Eagandale Corporate Square south of Apollo Road in the NW 1/4 of Section 11. 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. /C D Planning Report - Hi -lex CUP February 27, 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. Hi -lex Corporation's present facility was constructed in 1972 and received a complete upgrade in 1988. On April 1, 1986, the Purex Corporation received City Council approval of a CUP for the exterior storage of chlorine, and sodium hydroxide chemicals at the present Hi -lex facility. The approved CUP was to allow the storage of chlorine in a rail car on the railroad spur directly adjacent to the facility and sodium hydroxide (caustic) in a 75,000 gallon tank at the south end of the building. The conditional use was never established by the Purex Corporation and. the CUP expired in 1987. EXISTING CONDITIONS Hi -lex Corporation is currently leasing 66,000 SF of a 90,000 SF facility owned by the Prudential Insurance Company. The facility is certified by the United States Environmental Protection Agency as a producer of environmentally restricted products. The EPA certifies facilities for safety and coding standards. The coding allows the products to be tracked to a specific production facility. Served by both rail and truck, Hi -lex currently receives chemicals by truck in a diluted form. The chemicals are stored in 2 - 9,500 and 3 - 6,500 gallon holding tanks within the facility until the batching process occurs. Since 1988, the products produced and bottled at the facility include; liquid bleach, fabric softener, ammonia, farm and dairy sanitizer, windshield washer solvent, wood and deck cleaner and RV marine anti freeze. Hi -lex currently has a facility in Denver, Colorado which produces the same products as the Eagan facility. The chlorine and caustic chemicals at the Denver site are stored in rail cars adjacent to the facility in the same fashion proposed for the Eagan facility. The Hi -lex facility is surrounded by land Zoned and Guided LI (Limited Industrial) with existing industrial uses located directly adjacent to the subject property that include: Planning Report - Hi -lex CUP February 27, 1996 Page 3 North - Armstrong Business Center II South - Genstar, United Vanlines, M.A. Resin Distribution East - Vacant, Anchor Hocking Plastics West - Patterson Dental Company, Capitol Sales Company, Allied Moving If approved, the CUP will allow the Hi -lex facility to store chlorine and caustic solution in rail cars outside the facility on a railroad spur. During production, the facility will access the chemicals directly from the rail cars stored on the railroad spur adjacent to the building. The chemicals will then be mixed through a batching process in a tank within the building. The sodium hypochlorite, or bleach, will be manufactured, as it currently is, by diluting a sodium hydroxide solution (caustic), and then reacting the mixture with liquid chlorine. According to Article 80 of the Uniform Fire Code, municipalities may require a Hazardous Materials Management Plan be submitted to the City for use and storage of potentially hazardous chemicals. The plan is submitted to verify that equipment and safety measures are approved for use in the storage of a specific chemical. Liquid chlorine and the caustic solution of sodium hydroxide are proposed to be separately delivered to the facility via rail car. The chemicals, stored in 180,000 pound rail cars, will be located near the NE portion of the building on the inner railroad spur. Hi -lex anticipates delivery of 18 rail cars with chlorine and 36 rail cars of caustic soda solution each year. The facility will have 1-2 rail cars of each chemical at any one time. The applicant claims that rail cars are the safest form of transport and storage of the chlorine chemical due to the double wall design of the rail car and the reduction of chemicals delivered by truck. In addition, the rail cars are equipped with auto shut off valves with leak detectors. The City Fire Marshal has reviewed the request and has indicated that although there are some risks with the storage of chlorine, this particular operation has a minimal amount of risk with the storage and blending of chlorine into a bleach product. Chlorine is noncombustible and only ignites when mixed with a combustible compound. The City Fire Marshal has recently contacted the City of St. Paul Fire Department regarding the Hawkins Company, a similar bleach production facility, which currently stores chlorine in rail cars. The St. Paul Fire Department has no records of problems associated with the storage of chlorine at this particular site. In addition, Dixie Petroleum Company, in the City of Rosemount, also produces bleach and temporarily stores chlorine and caustic chemicals in rail cars. The City of Eagan is the only other facility currently'storing large amounts of chlorine within the city. The City stores six 1 ton tanks of chlorine within both water treatment plants. Planning Report - Hi -lex CUP February 27, 1996 Page 4 The proposed site is zoned LI (Limited Industrial) which allows manufacturing of light materials and bottling works as a permitted use and exterior storage by conditional use permit. Hi -lex has been producing their current products at this facility since 1988. The chemicals used for the production of the facility's products have been delivered in a diluted. form by truck and stored on site within the facility. The request is for a CUP for the exterior storage of these chemicals in rail cars in an undiluted form. The production of bleach and the storage of chlorine appear to be consistent with the requirements of the LI Zoning District. This property had previously received a CUP for the exterior storage of chlorine and sodium hydroxide. On April 1, 1986, the City Council approved a CUP for the chlorine to be stored in a 180,000 pound rail car on the railroad spur near the NE portion of the facility. In addition, the caustic solution was approved to be stored in a 75,000 gallon tank at the south end of the building. The current proposal is for the exterior storage of both the chlorine and sodium hydroxide in rail cars on the railroad spur at the NE portion of the facility. Fa-so03111_ To approve/deny a Conditional Use Permit for Hi -lex Corporation to allow the exterior storage of chemicals located at Lot 1, Block 1, Eagandale Corporate Square. If approved, the CUP shall be subject to the following conditions prior to issuance: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. An updated emergency plan for the facility shall be submitted to the City for approval. 3. A Hazardous Materials Management Plan for use of chlorine and caustic products must be completed and submitted to the City of Eagan for review and approval by the Fire Marshal. The C.U.P. shall be continually subject to the following conditions: 1. The parking and storage areas of the facility shall be properly maintained. 2. The Emergency Plan shall be reviewed and approved annually by the Fire Marshall. 3. The Hazardous Materials Plan shall be updated as operational changes to the facility occur. 4. Proper measures shall be made to secure the railroad cars, connections and connection areas. 5. An eight (8) foot cyclone security fence with an outward angled barbed wire top must be installed around the railroad spur where the rail cars are to be stored. MQ WWI r f I Q I I I I .w�wrr�w�r�a+ r 1 000 3245 Highway #55 Eagan, MN 55121 - Mayor Tom Egan and March1, 1996 City Council Members 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and City.Council Members, I'm writing to you in opposition to the issuance of a Conditional Use Permit to Hi -lex Corporation for the outside storage of compressed liquified chlorine. I'm sure most of you are aware of it's highly toxic nature and that it is extremely explosive when mixed with hydrogen. I'm not concerned about a small leak of chlorine for which a well trained and equiped group of knowledable employees and fire department can handle. What should concern the City Council are the catistrophic consequences which could occur if the small leak was even minorly mishandled or a major escape of gas was to take place. During the working day over ten thousand people are employed within a mile or two of this site. Thousands of residence are located within this area. It is incomprehensable how a volunteer fire department could notify and immediately evacuate the area if a low hanging cloud of greenish yellow chlorine gas were to form and drift across the area. With only a ten mile an hour wind the cloud would take six (6) minutes to travel a mile. The CUP requests the storage of up to two 90 ton tank cars of compressed liquified pure chlorine. One must realize any liquid expands over twenty-two times (22) its volume when vaporized. Since chlorine has a boiling point of approximately 30 degrees below zero one railroad car becomes 22 rail cars of pure gas if ruptured and exposed to the atmosphere. When exposed to moisture chlorine forms hydrochloric acid. When hyrochloric acid reacts with metal it forms hydrogen. Yesterday when I picked up a copy of the planning report I noticed in the first sentence of the "Evaluation Of Request" section that it is proposed that the tank cars of liquid chlorine and caustic solution of sodium hydroxide will be Separately delivered to the location. Somehow this tells me these two highly reactive chemicals can not be transported on the same train together. Could this be. true??. The City of Eagan is being asked to allow storage of these cars together. How can one move them separately if they are on a single dead-end spur track?...... If even a minor leak were to occur how long would it take a locomotive to arrive and remove the car to a safer location such as the Pine Bend area for ventilation? I also noted in the evaluation section of the planning report that Hawkins Chemical, Hi-lex's present supplier of diluted chlorine, had no chlorine problems according to the St Paul Fire Department. Hawkins is located in an industrial area on Hennepin Avenue in Minneapolis. During the early mourning hours on a Sunday (no business operating) last February 26, 1995 Hawkins Chemical had a fire which released diluted toxic chlorine in the area. The Minneapolis sealed*off an area from 11th Ave SE to 33rd Ave SE. (22 blocks or 2 miles) long by approximately 3/4 of a mile wide. Police helped several hundred evacuate. Forty people were treated. Residents said warnings were inadequate. Wisely the fire department did not put water on the fire for fear of causing an explosion. Again in the same section of planning report it noted Dixie Petroleum of Rosemount has had no problems. On March 17, 1995 a small chlorine line ruptured at Spectro Metals (Dixie's neighbor) in Rosemount which injured six employees. About a square mile was closed off during the incident. I believe several neighboring fire departments were called to the scene. The above two incidents reflect only minor accidents which have occured in the past year within 15 miles of Eagan. I would suggest City Staff do some research related to major tank car ruptures and the associated "chlorine clouds".... Could we ever have a derailment in Eagan? Could a airplane ever crash in the approach path near the chlorine storage area? How fast could a grass fire be extingushed next to the building or along the siding? What effect does rain and lightening have on the outside storage of chlorine? Attached is a chlorine degree of hazard exposure chart in part parts per million dilution. One last point... I believe the building Hi -lex is leasing was designed and built over twenty years ago as a general purpose warehouse not a hazardous chemical processing/manufacturing plant. Building -codes have changed drastically over this period related to automatic safety sencing devices, waste sewage water must now be automatically monitored and neutralized before discharge into public sewers. Are sprinkler systems even allowed in buildings with chlorine? Do the new codes require another type of fire supression for even the storage of consumer chlorine products? Members of the City Council, I'm as sincerely concerned about the safety of the citizens and employees of Eagan as you are..... otherwise I wouldn't have taken the time to write this letter. Be assured I have no political agenda related to this matter. Two years ago I had a lung removed and have become acutely aware of the difficulty breathing when only 2 or 3 ppm of chlorine are present. This is why I recalled the above two incidences of chlorine leaks. Sincerel �r�%c�GCa.�-,•.a� William H. Baumann enc. ��ILC31 11 JIJUF OU Mexici MONIDAY 27/1895.:,, ,► El S-PiA P ER' O F T H E T W I N C I T I E S dire forces hundreds to evacuate - - Staff Photo by Duane Braley • o Minneapolis firefighters let the fire at Hsv�kins ,Chemical Co. burn itself out, because wa er could have caul an explosion or spread the chemicals.�ut they doused nearby buildings to prevent it from spreading. So Me' residents scay w ■ ut blaze-'were'-'-padequate By Herbo MiLrquez Estrada - Staff Writer Karl Smith was asleep early Sunday when he heard: a voice on a loud- speaker outside his southeast Minner No one did. evacuate if they had been affected by the smoke. In fact, that was a common com- plaint Sunday from residents of neighborhoods around the Hawkins Chemical Co., where an estimated 14 But many residents who didn't talk directly to police and who didn't con- sider the broadcacte arlemiatr• war Star Tribune (Minneapolis, MN) - 1995 - Article with Citation Headline: Rosemount Fumes in chlorine leak injure 7 Date: March 18, 1995 Section: NEWS Page: 03B Edition: METRO Word Count: 125 Index Terms: hazardous material accident Text: A chlorine leak at a Rosemount business Friday sent seven men to the hospital, two in serious condition. Some of the men were overcome with chlorine fumes when they shut off the leak at Spectro Alloys, just south of Koch Refining on Hwy. 52-56, police said. The men were taken to Regina Medical Center in Hastings, where one was released, four were kept for observation and two, ages 36 and 39, were transferred to St. Paul -Ramsey Medical Center,. where they were in fair condition. The victims' names were not released Friday night. (Copyright 1995) Accession Number: MSP703986 Chlorine concentration in air PPM mg/m' Degree of hazard 0.2-0.5 1.5 No noxious long-term effect 0.5 Slight odour (tentative limit proposed by author) 1-3 Definite odour, irritation of eyes and nose 6 Irritation of the throat 30 Intense coughing fits 40-60Exposure without effective respirator for J30 30-60 min or more may cause serious damage 100 May cause lethal damage 1 000 Danger to life even after a few deep inhalations 10000 Filter respirator inadequate. Self- contained or supplied -air apparatus needed Acute exposure. The first symptoms of exposure to chlorine are irritation to the mucous membranes of the One of the biggest hazards in connection with T chlorine is the fact that .mixtures of it with hydro- gen are extremely explosive. Moreover, some of the nitrogen compounds of chlorine are readily detonated by shock. ;_, 1_ r Rosemount " gas leak injures'six ::�,_.. chlor ine leak ata Rosemount ' aluminum -smelting firm Friday ;;;; .sent six men to area hospitals with respiratory problems. • ` About 6,000 to 10,000 pounds of the gas escaped at Spectro Alloys. Corp., 13220 E. Doyle Path, about 12:45 p.m. when a line carrying ?- the chloride ruptured, Rosemount "y police Lt. Dwayne Kuhns said.-- =_ The six victims apparently were 4,. injured when they stayed behind to shut off chlorine. tanks and other equipment, Kuhns said. There was no danger to the nearby. neighborhood and no homes were evacuated, Kuhns said. However, nearby Minnesota 55 was closed for about 20.min- utes.... Two of the men were listed in fair condition Friday at St. Paul - "Ramsey Medical Center. The oth- ers were treated at Regina Medi- cal Center in Hastings. ♦Il Jfl. 5'%r4se O a- 36,0000 144 DATE ON SALE FW ULE FEET TUMC T+ARY RE£00 PLEASE PRINT CRY OF EAGAN (proratab36)SM PILOT KNOB ROAD EAGAN, MINNESOTA 0122 APPLICATION FOR NON-Ni1TOXICATM MALT UQIJOA LICENSE APP11j9wff Malone- Tosenh Newman Adchs 305 NW Second Str�t Mole) Wool) HN -1%Q22 Ply) Oka PNM517 f) 334-2779 dAaM45 hd) 8/22/40p) NEW RENEWAL TEMPORARY 0MIER'S NAMEMain Cities Stgres. Inc. past) first) (Middy) Addrsa 2020 Silver Bell Road #22 fit) Phan(612) 452-9161 Nirthdals gyp) TRADE NAME Oasis Market KV AGUM NAME LA - 1, n�'c ",v s Ad&wj jj7u %.oacnman xoao (BVWQ Eav;%n- WIN 55121 Owe /he ( 612) 688-2001 ) RIMon w Y. r /Yity 5 �' . 1r✓ POW d 5 t- In, c u 17 7f— l'✓ Awavt SS -O G ply) 0"S face Plan. 2► -S`ygy wrthdatr`,- �+'y HIREEYAPPLIES FOR NON -INTOXICATING UGUORLCENSEiortheyew '1996 *om Oi 96 10 _1 2 / 96 . (date) (month) (date) 1TweRlt LAOalW-3300 Coac man Roan (for temporary Items) (Address) STFOW SEE Yes JL No Applicant who have an on -say wine lip enee, and have 50%{grose sarrainps from food, may sell strong beer without an additional Noenee. Applicant who OW b oil strong beer must Carry liquor if Noty Insurar". An you the AMW proprietor? Yea (21 No ( ) Ars youths owner of the prop" of the businsae kaattiort? Yee () No (� Nae avty other tieense of this kind beern prerrled b you? Yes ()Q No( ) ArAw See Exhibit A attach�rd hereto (may) (Yew) Are any goes. int or utility bills for the permiaea unpaid or deliqueW Yes () . No 00• If yes. phre mason. Duft flw past year, tw a summons been issued under the Liquor Civil LiaUity Law MS 304A=1 Yea () No (X). M yes. attach summary copy. Nava you ww beers oonvlv1 d? Yat 1 No PQ City (Other than a traffic offense) N this a Joint ownership or silent partnership? Yee ( ) No (14. M yes, pyese ausoh a fisting of w 1ple m names, dein of bft, addresses. and telephone numbers fo e►mrym w involved. 1N ZIUM VERIFY THAT THERE KA$BEEN NO CHANGE IN OWNERSHIP QWWWW IN TNF PAST of Twin Cities Stores, THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM Any AND ALL CLAIMS OR 'iUI7'1; Inc. WCIAMG ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICN THE CITY OF EAGAN MAY WCUR By REAmm OF AML► ACTMr= ARISING FROM THE GRANTING OF THIS 32 as LICENSE. I On) HEREBY AGREE TO OPERATE =UCH BUSINESS IN ACCORDANCE WrrH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CRY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE UST OF MY KNOWLEDGE AND SEW. AtlTHORGED WMTURE (/ POLICE APPROVAL' YE�- d) NO() SIGNED CITY COUNC4 APPROVAL- YES () NO () =NED DATED off- as' 9!p