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06/04/1996 - City Council RegularAGENDA EAGAN'CITY COUNCIL - REGULAR MEETING MUNICIPAL CENTER BUILDING June 4, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT EEAD BUSINESS (BLUE) P• ( A. PRESENTATION, 1995 Annual Financial Report V. CONSENT AGENDA (PINK) -2 A. PERSONNEL ITEMS B. RESOLUTION, Airport Relations Commission, to Improve FAA Enforcement of Eagan -Mendota Heights Corridor (i C.CONTRACT 96-15, Approve Plans/Authorize Ad for Bids (Meadowview Road - Utilities) r% D. RESOLUTION, Comprehensive Guide Plan Amendment, Blackhawk Acres 4th P ' Addition E. APPROVE Pedestrian Crosswalk Policy F. PROJECT 709, Receive Report/Order Public Hearing (Kennebec Drive, Yankee PDoodle Road & T.H. 13/Blackhawk Road) G . CHANGE ORDER, FINAL PAYMENT AND ACCEPTANCE, Civic Arena Project (continued indefinitely) 1 r-/�H. CHANGE ORDERS, Municipal Center Expansion /g I. AGREEMENT, Approve Dakota County/City of Eagan Joint Powers Agreement for F�4J. Enhanced Fine Revenue Collection Program RESOLUTIONS, to approve Fish Lake MPCA Loan Agreement and General P,22 Obligation Note 1 3A K. APPROVE, ACC Contract, Civic Arena Expansion, Second Ice Sheet L. RATIFY, Direction regarding Holz Farm/Richard Holz Property M. AUTHORIZE, Civil Defense Siren Modifications �• �'j4N. DENIAL, Massage Therapy License for Michael Pershing to practice at Wastl PT Chiropractic, 1340.Duckwood Drive 1J�0. LICENSE, Massage Therapy Establishment - Bodywellness, Susan Stearns P.LICENSE, Massage Therapist, Alix Blick IQ. PERMIT, Fourth of July Parade, Lions Club R. TEMPORARY LICENSE, Beer, Fourth of July, Lions Club S. FINDINGS OF FACT, CONCLUSION & RESOLUTION, Denying the Hoovestol Addition G T. REQUEST FOR EXTENSION FOR RECORDING, WAIVER OF SUBDIVISION, Kevin & Leo �.� Murphy VI. Q 7:00 - PUBLIC EEARINGS (SALMON) �Q A. TAX INCREMENT FINANCING, Highway 55 - 149 Redevelopment Area, Modification of Development Program for Development District No. 2 and TIF Plan for Tax 22 Increment Financing District No. 3 �J B. VACATE PUBLIC RIGHT-OF-WAY, Yankee Court & Kutoff Drive O C. VACATE DRAINAGE & UTILITY EASEMENT, (Government Lot 6 (Proposed Seneca Hills Addition) �.13D. PROJECT 701, South Hills Addition (Street Rehabilitation) E. PROJECT 706, Wilderness Run Road (Street Rehabilitation) F. VARIANCE, Meyer & Sons Homes, IIC, variance of 6'7" to the required 30' setback from the public right-of-way for Lot 53, Block 1, Mallard Park 4th Addition located on the SW corner of Brant Circle and Gadwall Court '(('4)G. VARIANCE, JoAnn & Tim Payne, Variance of one foot to the required 10' side P yard setback for Lot 6, Block 2, Brittany 5th Addition located north of Sherwood Way at 4858 Sheffield Lane VII -. OLD BUSINESS (ORCHID) Q,�. 3 A. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL, Dart Transit for Eagandale . Corporate Center, east of Lexington Ave. & north of Yankee Doodle f O B. AMENDMENT TO CONDITIONS OF APPROVAL, Apollo Addition Preliminary .iq 8Subdivision C. RE -APPROVAL, Norwest Third Addition Preliminary Subdivision 0/ D. RESOLUTION, Adopting Livable Communities Action Plan for Dakota County cluster .2'S61E. RECEIVE Task Force Report and consider a Resolution determining the issuing of General Obligation Park Bonds and Providing for an Election VIII. Q NEW BUSINESS (TAN) A. REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMITS AND VARIANCE, United Parcel Service, a Rezoning of 16.6 acres from Planned Development to Limited Industrial, a Preliminary Subdivision (UPS 2nd Addition) a Conditional Use Permit for outdoor storage, a Conditional Use Permit for sales and service, a Conditional Use Permit for a pylon sign, and a Variance to reduce the setback buffer from adjacent property which is zoned Agricultural from 100' to 80', located on Lots 1 - 16, Gopher Eagan Industrial Park 1st Addition, south of Yankee Doodle Rd, east of T.H. 149 �3Q B. CONDITIONAL USE PERMIT & VARIANCE, J.J.Y. Industries, Inc., a Conditional Use Permit to allow a mono -pole communication tower and an equipment building, and a Variance to the height limitation allowed by ordinance for property located north of Diffley Road and east of Highway 13 33C. CONDITIONAL USE PERMIT, A T & T Wireless Services, a Conditional Use Permit to allow a monopole communication tower and an equipment building for property located on the west side of Old Hwy. 13 and east of Hwy. 13 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (BUFF) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 31, 1996 SUBJECT: AGENDA INFORMATION MEMO FOR THE JUNE 4,1996 EAGAN CITY COUNCIL MEETING After approval of the June 4, 1996 City Council agenda, regular meeting minutes for May 7 and May 20, 1996, and special City Council minutes for May 7 and May 14, 1996, the following items are in order for consideration. A. FINANCE DEPARTMENT -- Item 1. Receive and Accept December 31, 1995 Comprehensive Annual Financial Report ACTION TO BE CONSIDERED: To accept the December 31, 1995 Comprehensive Annual Financial Report. FACTS: • The financial report has been completed and the audit by Kern, DeWenter, Viere, Ltd., has been performed. • No significant findings have been made during the audit. • The Director of Finance and representatives of Kern, DeWenter, Viere, Ltd., will be at the meeting to present the report and answer any questions. ATTACHMENTS: • The financial report and the schedule of federal financial assistance are enclosed without page number. The management letter will be forwarded on Monday with the Administrative packet. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL QJA A regular meeting of the Eagan Citypuncil was t -on May 7, 1996, at 6:30 p.m. at the Eagan Municipal Center, 3830 Pilot KnobteMesota, 55122. Present were Mayor Egan, Councilmembers Awada, Hunter, MasK �-i�irli t. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert and City Attorney Jim Sheldon. AP!?::;: Councilmember Hunter moved, MembeF:Masin eeonded, a motion to approve the Agenda as amended by adding a change order fg.r: a Stat& No. 1 to department head business. Aye: 5 Nay: 0 APPROVE MINUTES Minutes of the March 25, 1996, special City Council meeting. Councilmember Masin asked that the first sentence in Paragraph 4 of Page 3,'be revised to read as follows: "Councilmember Masin noted that the app Gi nt:.and the property owner have every right to make the request they made and that they deserve=rsteet'!;:CQuncilmember Awada requested that the second sentence in Paragraph 5 on Page 1 be revisea'41' 're4d as follows: "She noted that thru- streets through the residential puld..pF"04 t i grave safety issue. Councilmember Awada moved, :Elailficamember Wachter seconded, a motion to approve the minutes of the March 25, 1996, special City Council meeting as amended. Aye: 5 Nay: 0 Minutes of the April 9, 1996,..$pecia moved, Councilmember Awada secon;;:: special City Council meeting as presented. Aye: Council meeting. Councilmember Hunter ve the Minutes of the April 9, 1996, Minutes of the April 16, 1996, special" pity CoWcil meeting. Councilmember Hunter requested that the second sentence of the first full paragraph on Page 4 be revised to read as follows: "He stated that he did not want a lot of strings attached to any proposal." Councilmember Wachter moved, Councilmember Hunter seconded, a motion to approve the Minutes of the April 16, 1996, special City Council meeting, as amended. Aye: 5 Nay: 0 Minutes of the April 16, 1996E meeting. Mayor Egan requested that the second paragraph regarding Project No. 643R -Timberline Addition on page 7 be revised to state the property owner's name. Councilmember Awada moved, Councilmember Masin seconded, a motion to approve the Minutes of April 16, 1996, regular City Council meeting as amended. Aye: 5 Nay: 0 Page 2 May 7, 1996 EAGAN CITY COUNCIL Minutes of the April 23, 1996,%: ial City C•QWil meeting. Councilmember Masin requested that the fifth sentence of Paragrii :;qq .; : '': `be revised to read as follows: "City .: Councilmember Masin stated that she is willirig�ti�.�sfipport special financing to retain or attract new business to the community when such support would be particularly beneficial to the community." Councilmember Wachter requested that the seventh sentence of Paragraph 5 on Page 1 be revised to read as follows: "Mayor Egan summarized the City Council's position by stating there is consensus that speciaki#i,#€:which shall set forth the business program's budget and need for financial assistah%.,,.1 1 e #*-.i?iewed on a case-by-case basis with the EDC. • • Councilmember Awada requeste 4'fit'Ihi ' wid getitence of Paragraph 5 on Page 1 be revised to read as follows: "Both City "CdUiicilme'ftiE►i�s '•Hunter and Awada stated that they historically did not agree with incentive programs for businesses because it is best for government not to get involved with private business and to avoid using the political process in picking which business the City may help or not help." Councilmember Awada moved,:�t�}member Wachter seconded, a motion to approve the minutes of April 23, 1996, as amende..0 .r UNVEELING Q : ' t°YORS' GALLERY Councilmember Wachter presented the unveiling of the new Mayors' Gallery. Present during the unveiling was present Mayor Tom Egan and former Eagan Mayors Vic Ellison and Beatta Blomquist. Following the unveiling ceremp ?C u ifthq s "unter suggested that the City Council consider the induction addition of Couneilm�eiribif Wi' it6tt's photograph to the Mayors' Gallery as an "Honorary Mayor" in light of his long-timervice tp:##�e community and the City of Eagan. The Councilmembers concurred. VISITORS TO BE HEARD Beatta Blomquist updated the City Council i Comprehensive Guide Plan/Zoning project in seeking 1 the Council that Vern Peterson of AMN,;�C.iiy:repX�$etit together to work with the legislatureyEitir? group, in addition to drafting proposed legislation, w city to present the effects of the new Comprehensive with the Council's concurrence, encouraged Ms. Blomq project and thanked her for her efforts. ling the status of her work on the tive changes. Ms. Blomquist advised and community members are joining r 178. Ms. Blomquist stated that the putting together a portfolio for each le Plan/zoning statute. Mayor Egan, move forward with her work on the Page 3 May 7, 1996 EAGAN CITY COUNCIL John Muller stated his thanks td*.'..ssociate Planned: -:sieve Dorgan who visited with him regarding the garbage problem with respet, to the Easy Street'property. DEPAR Administrator Hedges advised that a change order for approximately $42,000.00 has been requested for facet, brick and repair of venting problem. Mr. Hedges advised that Councilmember Wachter reviewed the requested change :� 9 $: ; k ; .The site and indicated the requested changes are acceptable. Fire Chief Jensen' was'p`6* 'li ui;:no additional comments. Councilmember Awada moved, CouncftMber Wester seconded, a motion to approve the change order for Fire Station No. 1 r ad i g p c 6taling $42,000.00. Aye: 5 Na 0 Y= CONSENT AGENDA Regarding Item I, Extension of Preliminary Subdivision for Indy Lube, Councilmember Hunter wanted to note that although this.item is similar to the request for extension of preliminary subdivision approval for Dart Transit tiei:Qld Business, this item under Item I has no changes or conditions of the extension and there :Ma%:be. beard on the Consent Agenda. Regarding Item T, Proclamation,Cotuicilmertthet ? ichter wished that Eagan High School was personally recognized for its "Blue.;;Rinivaf' of Excellence" award. Councilmember Wachter noted that only 26 schoolin xiiited States are named "Blue Ribbon Schools of Excellence" and Eagan should be proud to be so recognized. Regarding Item U, Municipal Building's Refuge Hauling Service Contract Termination, Councilmember Awada questioned the reason for the termination of the contract to which Jon Hohenstein, Assistant to the Admini.;::i}x:;:#:::lt a contractor could not meet State requirements for hauling. A. Personnel Items Item 1. To accept the letter of resignation from Michael Lence, a building inspector in the Protective Inspections Division. Item 2. To accept the letter of resignatior}�Qm Linda Seifert, a part-time Clerical Tech II/Receptiorpst .h the Police impartment. Item 3. To hire Linda'''Mariiri''''fb'$tf" the part-time Clerical Technician II/Receptionist position in the PoB&Department. Item 4. To approve the hiring of a person to be named as the Administrative Secretary in Administration. Page 4 Mai• 7, 1996 EAGAN CITY COUNCEL Item 5. To approve the h i'g WM' arkHeu ker as a temporary part-time MIS Assistant. Item 6. To approve the hirii ie. 804..Cii' as a seasonal part-time Civic Arena Supervisor. ... . Item 7. To approve the hiring of John Hassett, Tim Dealy, Ryan Rausch and George Sellner as seasonal ballfield/athletic filed attendants. Item 8. To approve the hffiq bl°''V?r��' i "" in and Kevin Doehling as seasonal park maintenance workers -!-x-" ... . Item 9. To approve the "::off ;Rehd :as a seasonal tree inspector. Item 10. To approve the hiring of Leroy Berg as a seasonal weed inspector. Item 11. To approve the hiring of Diana Bolinder as a seasonal horticulturist technician. Item 12. To approve the hirtirg:'}� Schneider and Marc Shippee as seasonal forestry technicians. Item 13. To approve the hiring tf # i# I ang, Jr. and Sean Moilanen as seasonal street maintenan!` vtti tkei's. Item 14. To approve the hiring of Nora Flueger, Lei-Lani Fischer, Martha Buyck, Deborah Buntjer, Holly Confer and Julie Beecher as seasonal concession workers. Item 15. To approve the'futirig'iiii Ryai'i and Amy Smiler as seasonal summer recreation program assist. B. Change Orders. Municipal Center Buildirroject:i: C. To approve change'orders in the net amount of $181.68 for Municipal Center Expansion as presented. To acknowledge substantial:::t the Eagan Police Facility from the project contractors. D. Ratify, Authorizati Financing District Plan and Schedule a Public Hearing on June 4 1996 Page 5 May 7, 1996 EAGAN CITY COUNCIL To ratify the Council's directio .4 its work sesiJoh of April 23, 1996, to prepare a redevelopment tax increment financing plan for the Wgible area around Highway 55 and 149 and to schedule a public hear or June 4, 1;� E. Massage Therapist License. Jessicime Fitness To approve a massage therapist license for Jessica Kittleson to work at Lifetime Fitness. F. To approve or deny a three (3) year agr ament v":R.L. Youngdahl & Assoc., insurance brokerage services. Approve Senior Citizen Special Assessment Deferment - Project No 644. Oslund- Timberline Inc. for To approve a senior citizen special assessment deferment with Eugene D. and Reaolo R. Miller for 3061 Loon Lane (Parsld-:Np•.•.10-55300-220-04). H. DeLosh Addition - Final Subdivision.:. To approve or deny the Final Subdiii� �� D"loch Addition for 13 lots on 9.9 acres in the SE'/4 of Section 4 located rip#ii: Skyline Drive, south of Highview Terrace and west of Highview Park. I. Extension of Preliminary Subdivisions (Indy Lube Addition) Phillips 66 To approve or deny a 90-day:tii'c:t::x::Preliminary Subdivision (Indy Lube Addition) approval for Outlot 'K::' Sredige ►i es'Addition, located north of the Phillips 66 Station, west of Pilot Knob Road andst of IY3M.E. J. Project 701. South Hills Addition -... To receive the feasibility report for Project 701 (South Hills Addition- Street Rehabilitation) and schedule a public hearing to be held on June 4, 1996. K. Contract No. 94-04, Eng]ert Road To approve the 6th and final p t t 0 # # mo Ryan Contracting, Inc. for Contract No. 94-04 (Englert Road - Streif '$r. -bi idii) "irfid authorize acceptance for perpetual maintenance subject to appropriate warranty pro•ns. Page 6 May 7, 1996 EAGAN CITY COUNCEL L. To receive the petition to vacate t ublic right-4Way (Yankee Doodle Court & Kutoff Drive) and schedule a public he 4, 1996. M. Project 706. Wilderness Run Road To receive the feasibility report for Project 706 (Wilderness Run Road - Overlay) and schedule a public hearing to be h p: r#;r N. Traffic Signal Agreement (Lone Oak Rogif-t I-35FI.:.:: .A P. R. 13 To approve MnDOT Traffic"Agrea i#t No. 73899M (Lone Oak Road & 35E) and authorize the Mayor arigt-a"�'i✓lert�::tp:'�ecute all related documents. Contract No. 96-07, Haves & DeLosh Addition (Storm Sewer) To approve the plans and specifications for Contract No. 96-07 (Hayes & DeLosh Addition - Storm Sewer) and otic .advertisement for a bid opening to be held on June 7, 1996, at 10:30 a.m. To receive a petition to vacate; UdRi.y'-:ea'sements (Government Lot 6 - Proposed Seneca Hills Addition) and schedule a public hearing to be held on June 4, 1996. Approve Arbor Day Resolution To approve the Arbor Day Resciaij;settji a�k��'c}ay, May 11, 1996, as Arbor Day and May 1996, as Arbor Month in fe'Cfty-bfE gati:''' Elementary To approve Joint Power Agreement with School District #196 for joint development and usage of Red Pine Elementary/Hidden Corner Park and authorize the Mayor and City Clerk to execute the documents. To approve an amendment to the Joint Powers Aki'-eement with School ]District #196 and authorize the Mayor and City Clerk to execute t*:dbcuments. Page 7 May 7, 1996 EAGAN MY COUNCIL T. To approve a resolution proclaims �,!Iay 23, 1996 ttF:be "Blue Ribbon School of Excellence" day in the City of Eagan:; U. Notice of Intention To Terminate Municipal Buildings Waste Hauler Contract & Authorization to Solicit Bids For Municipal Buildings Refuse and Recycling Services To approve or deny a notice of iso& <-pal building refuse hauling contract and authorize the solicitation of bids'for1iW�ii'=i=rii~ s. , Councilmember Wachter moved, Memhlsi kHunter:::sgconded, a motion to approve the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS HEARTLAND HOMES VARIANCE Following a brief introduction:;:ministrator Hedges, Senior Planner Lisa Freese presented City staffs evaluation of the regilttsk:: NatlJ ed in the City staffs planning report dated April 25, 1996. .r The property owner, Michael Erpldi#gesiiit but gave no additional information. Councilmember Hunter stated that the Qlty.6fteii times stretches the exact meaning of "hardship" and will approve a variance even when the rezoning thinly falls within the term "hardship" because the application is compatible with the immediate surrounding neighborhood. He suggested that perhaps it may be appropriate for the City to adopt an ordinance or a policy to apply to situations as the present item. Mayor Egan indicated that he would prefer an informative memo from the staff to consider for implementing a t Uf X'13at he prefers to address variances on a case-by-case basis without being bo'Un"l'Yb''a''ftt-•pn 0%; :City Attorney Sheldon advised that because a variance is a quasi-judicial process, eaOOequesx_�tands by itself and shall be considered as a separate creature from the next. Councilme�&r Wa"r stated that he prefers the flexibility under the present process and does not favor a: f olicy. ,li �Runcilmember Awada concurred with both Wachter and Hunter, but stated the City Council geilklly does not deny a variance request unless the neighbors oppose. In response to Councilmember Wachter's inquiry,. the applicant stated that the garage addition could be moved back without significant change:*r the structure, but would diminish the curb appeal. Councilmember Awada moved,* Vl M bi VTMigo' nded, a motion to approve the four foot variance to the required 30 foot setback from the:;sitblic right of way for.Lot 1, Block 1, Verdant Acres, located at 3574 Woodland Court. Aye: 5:*: ay: 0 Page 8 Mai• 7, 1996 EAGAN CITY COUNCIL JACK SRWLUND - VA�CE Following a brief introduction :Administratoedges, Senior Planner Lisa Freese presented City staffs evaluation of the req **the City staffs planning report dated April 25, 1996. The applicant, Jack Skoglund, noted that the addition would be 19 feet from the right-of- way line, but actually 35 feet from the roadway curb. Mr. Skoglund further stated that he agrees to the staffs recommended conditions. tow.90# At it would not be possible to move the garage addition back. Mayor Egan statt?''[li:#if gpp'Gtion is npt similar, but in fact at the opposite spectrum from the Heartland Homes-* ance%i' quest. Mayor Egan explained that Heartland is a new subdivision with the majority.::4-f three -car garages and that the Heartland variance would bring the bows :; ':€d.. ihs :.grounding neighborhood standards. Conversely, as Mayor Egan stated, the api�irant' i:FQefed in a mature subdivision where a dominant number of the homes have only two -car garages. Therefore, as Mayor Egan stated, the addition of the third garage would surpass the surrounding neighborhood standards. The applicant responded that the addition of a third garage would not be inconsistent with the neighborhood because a number of the homes do have three -car stalls. Councilmember Awada noted that adding a three -car garage may in fact bring &"-:Otghborhood standards up. Dave Wolf, a resident at Coventry and Beacon, stated he supportetl:.ft ;test for the variance because it would add to the neighborhood and noted that he has a three-car'gige: _ Councilmember Awada moved, Me;iiter:gettei'"seconded, a motion to approve the 11 foot variance to the required 30 foot W. ,&from the public right'of way for Lot 51, Block 6, Beacon Hill, located at 4796 Beacon dill Road, subject to the three conditions outlined in the staff report. Aye: 5 Nay: 0 Councilmember Hunter stated that he would prepare a memorandum presenting proposed policy language regarding implementaard for variances. City Administrator Hedges gave a brief introduction to this item. Following a brief introduction by Administrator Hedges, Senior Planner Lisa Freese presented City staffs evaluation of the request as outlined in the City staffs planning report dated April 8, 1996. The applicant was not present and no persons fra[# the public were present to comment. Mayor Egan indicated he had concerns that the barn p' 6sed to be moved into Eagan would adversely affect the neighborhood dev m .-be incompatible with future residential use in the area. Councilmember Awada opine''#filf''fiie'area in which the barn is proposed to be moved should be left rural. She added that the location kovate property and if it is developed in the future it will be the property owner's expense to rem0i,* the barn. Councamembers Masin and Wachter concurred. Councilmember Hunter reiterated that by the letter of the ordinance, the Council should deny the request, but will support the applicant's request. Page 9 May 7, 1996 EAGAN CITY COUNCIL Councilmember Awada building permit to move a 42'x22' barn south of Cliff Road and east of Dodd Aye:5 Nay:0 mber Masin sanded, a motion to approve the Rosemount, "esota to 4711 Dodd Road located J and leaallv'i scribed as PID #10-03600-110-28. Mayor Egan noted that the approval of the permit request shall in no way indicate that Eagan has a long-term plan for rural use. Administrator Hedges provided a brief:bducticm::. f this item noting that it coincides with Item 7 under new business, final•:; at::: i�r6yra - 0" PC American Properties Inc. A representative of the applicant for the firfiff:0 : of NI I ! iYierican Properties Inc., requested that this item and Item 7 under New Business be heard together because of its related nature. The City Council concurred that the matters would be heard together. Councilmember Hunter moved,,. Member Wachter seconded, a motion to approve the vacation of the drainage and utility easoftiWas. described over Lot 1, Block 2, Eagandale Office Park and authorized the Mayor and City 0K.'i C e all related documents. Aye: 5 Nay: 0 .r EAGAN COMMERc ,.lFIq N FINAL PLAT MEPC AMSI ,*]1 ROPERTIES INC. Administrator Hedges briefly introduced this item. Councilmember Awada movedz ?I✓Q6i# ies. rater seconded, a motion to approve the final plat for the Eagan Commerce one lot on 6.25 acres located on the north side of Trapp Road. Following a brief introduction by Administrator Hedges, Public Works Director Tom Colbert presented a brief history of the project. Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc. highlighted the project and outlined the Qf}ect costs. Byron Watschke the develd eii ;#s'•sti:gan 3rd Addition preliminary plat, expressed opposition to the cost allocation`ofthe•iiifptov&riients. He stated that the right -turn lane was recommended as a result of his development, but iti;all benefit all users of Thomas Center Drive. He stated that the improvement is not a special b�"i" t to his property, but a benefit to the entire commercial development at Thomas Lake Center. Mr. Watschke expressed opposition to the additional ponding improvements, noting that Fortune Realty gave the City a ponding Page 10 May 7, 1996 EAGAN CITY COUNCIL easement and now the City is requirig_:'a taking •of ad"" nal ponding land for which the developer should be compensated. . . • In response to Mayor Egan's inquii3ir liq.; � birector Colbert stated that the costs for the right -turn lane were assessed to the di b" * ' , i�ecause the need for the improvements resulted from the developer's new development at the site. Councilmember Hunter noted that during the Town Centre development, the City Council considered wide -area assessments and decided not to use that method after looking at the primary purpose of the improvement itself. He further stated that because the necesvexnent is a result of the particular development itself, he supports site speciflc'asgt'sgiz my--ibo i Umember Wachter noted that if the City decides to implement an area -wide assessmef— in ordii ?Ao spread out the assessments to all those that benefit, then the City will need to rod tice the:�atber affected property owners which will slow the developer's process down. XkoWfi iat the traffic from Life Time Fitness generates more traffic on a 24-hour 6asi!s* 6 tht:::Vt hias Center Drive then his proposed development and therefore, the assessment should be area -wide spread. In response to Councilmember Masin's inquiry, Mark Hanson indicated that they do not have a cost/assessment breakdown if other properties are assessed. Mayor Egan added that Life Time Fitness and neighborhood resid�Mnll ;contribute to the need for a right -turn lane and therefore, they will benefit from its constni allots wd.. Mayor Egan expressed his concern about assessing only the developer for an improvemt &-i::)Aich will have a area -wide benefit. Councilmember Wachter stated that developers shoulO : in with eyes open and expectations to be subject to requirements as they arise:.: $ddb tfrat'the developer here knew his proposed use would generate traffic and knew :�i«:'eady existing high -traffic volume with Life Time Fitness. Additionally, Councilmember 'Wachter noted that the right -turn lane requirement was subject of the preliminary plat approval and the applicant should have objected at that time. Public Works Director Colbert suggested that the public project could be cancelled and the developer agree to do the improvements pursuant to a private development contract and then re -petition the City to treat it as a public project at,ltel:;e::l:vtr affected property owners could be noticed to be included in the assessmeri 's'.' t[ricijiritrei'-Masin inquired as to what are the costs to be saved by the developer and the cost to thyty to O.Ao the notices for a public project, in addition to the costs of the City to cover the profit. With respect to the.ponding issue, Public Works Director Colbert stated that the request for additional ponding land is justified in that subsequent surveys and grading plans to the original easement provided with Safari at Eagan 1 st Addition indicated a need for more ponding area to protect the new proposed buildings by the developer. Irugsponse to a Councilmember Hunter's inquiry, Mark Hanson advised that of the $3,000.00 - 0.000.00 cost for the feasibility report, 50% can be allocated to the pond issue: ,Councilmember R Inter suggested that the City trade the ponding land for the cost of the feasibli Councilmember Hunter moved, Councilmember W chter seconded, a motion to close the public hearing and approve Project 699 (Safari at Eagats:aid Addition), with the deleting of the right -turn lane improvement from the project, and approve the assessment of 50% of the cost of the feasibility report to the developer. Aye: 5 Nay: 0 Page 11 May 7, 1996 EAGAN CITY COUNC]L PROJECT NO. 7(i8:' HALL STRELtUTILITIES Following a brief introductionEity Administ 3 Hedges, Public Works Director :•.: Colbert presented a brief history of the pr*g.*. r r�C;:fin of Bonestroo, Rosene, Anderlik & Associates, Inc. highlighted the proposed projeet�i ut m. **fined the estimated project costs. Heide and Dave Kolhoff stated that they are being forced with the improvements and the assessed costs because of the two businesses requiring the utility services. The Kolhoffs stated that the businesses benefit from the propos*%,-*them. Mark Hanson advised that as an alternative to the proposed improvement prof ;'the''CsL ? could stop the sanitary sewer and watermain short of the Kolhoffs' property and, -use a prit�9e extension to service the Neisius' property. Mr. Hanson stated that this alternatwould jxri#uce the costs to the Kolhoffs, but would increase the costs to the ifi*:':'b beF,aus+e t# the private extension. Mr. Hanson added, however, that going forward wiK*-Ale' alterliWft:would require the City to re -align the lines when the area is later developed and thus, it will increase the costs assessment in the future. Public Works Director Colbert advised that the watermain needs to be extended now to Dodd Road for future looping of the system. Councilmember Awada stated tri«. K�olhoffs that they do have the option of assessment payment deferral which will become payali7i✓:; goj a triggering of a certain event, such as ... connecting to the system. Councilmember Hurter riott:di'at if the City waits to put the sewer and watermain through to Dodd until the Dodd: .gnproyew tts�':fie City runs the risk of nonrecovery of the costs due to inability to prove bengfit::>6;;x:raperty. Councilmember Hunter opined that the proposed project is the most ei" ieast expensive way to complete the ultimate system. Councilmember Wachter moved, Councilmember Awada seconded, a motion to close the public hearing and approve Project 700 (Hall Street - Utilities) and authorize the preparation of detailed plans and specifications and::ski'iet::f:4::av# with the Kolhoffs to explain their assessment alternatives. Aye: 5 Nay:'.'` PROJECT NO. 40 - CLMAOAD Following a brief introduction by City Administrator Hedges, Public Works Director Colbert presented a brief history of the project. Steve Gatlin of MSA Engineers highlighted the proposed project and outlined the estimated project costs In response to Councilmember, Awada's in u 11r. Gatlin advised that the proposed streetlights comply with the City's Y SttF_j Section light policy, in addition to enhancing safety at the intersection. ]W':** the proposed streetlights are only at intersections. In response to Councilmember Awada's iii;ry regarding the installation of a cul- de-sac on Park Ridge Drive at Cliff Road, Public Wogs Director Colbert stated the purpose would be to eliminate and/or reduce access onto Cliff Road. He stated that the County supports a cul-de-sac, but a safety issue exists because.it would provide only one access point in the entire subdivision. Colbert further noted that it would be preferable not to eliminate the west access Page 12 May 7, 1996 EAGAN CITY COUNCIL point because it has less visibility problei: Colbert also nd:*"* W that the residents not living along the proposed cul-de-sac street oppose becajuse it would increase traffic through their area of the subdivision. Don Larson of Park View Golf Courge`4&& opposed the project because the project does not preserve the Golf Course's natural amenities. He stated that increasing the road elevation by three feet will create flooding in and about the 18th green. He further noted that the widening of the street will remove the grassy depression and tree fenceiine at the 18th green which currently serves as a screen preventing gQ#f 3y2:'1Fi the golf course and going onto Cliff Road. Mr. Larson also stated that the project 'v # 's'iilf'3#i ; loss of. trees at and near the 18th green which serve as a fence line and will require4f econfigdMion of the golf course to avoid the 18th green balls going into Cliff Road or the pr sed bik4*:#ail. Mr. Larson concluded that the two proposed service stubs do not need: x::k is3lled:: ire Golf Course because it currently works off of three water wells. A resident from 1205 Dunberry stated that the Council needs to consider business versus residential priority. He stated that while the residents in the area are open to progress, they do not support an unnecessary project. Millie Mullson stated her house faces Cliff Road. She stated that increasing the roadway to four lanes vl; increase an already speed lane street. She further stated that presently her patio door isrriirre1�:9Q;;'from the shoulder and the project will decrease that difference significantly and iswrease:' tie iibise level. Jay Fredrickson stated he opposed the project because it will only increase th :§ppe ;d ;along that stretch of road and that it will take away from the rustic appearance .4f *kr: i-ro€Ch; '7Viayor Egan stated that the City has no control over making or issuing the speed li it:i6nes. Wayne Olson of 1250 Cliff Road stated that he is the only assessed private property owner and fears the project will result in a loss of mature pine trees which work as a buffer of his residence from Cliff Road. He stated that he opposes the project because it is overbroad and not needed. Councilmember Awada quests :;:::y.yl t'k*f::.-:,*erre is a need for . the proposed improvements in light of the fact that tfie 'area 'in' Itiir i' t1iir improvements are to be installed is already developed and the traffic volume is not i nificarit::Public Works Director Colbert noted that the Police Department reports a majority .of the eidents are at the Lexington Avenue intersection and a need for a turn lane exists due�fo the pq$nt traffic using the shoulder as a pass lane. . A resident of 4561 Oak Chase stated that his property is currently 20 feet from Cliff Road and has never observed a traffic backup or accident alp; the proposed project stretch. The resident noted that between Pilot Knob Road and Leon, the Police Department provided reports of only five to six accidents witlun the;list two:yea'r's, mostly being property damage. The resident stated that the proposedet: ?f::rcicr t or needed for $4 million dollars Councilmember Masin stated that this project reriiiriiis lie''of the Diffley improvements which was not absolutely necessary and has perhaps destroyed tW'&aracter of the area. Councilmember Hunter questioned the necessity of the bike trails on bot9:si les of the roadway when there are no residents on the south side. He added that while safety is a concern, there is no evidence that safety is endangered based on the low number of accidents in the area. He further added that the day trip data does not pass the threshold for requiring a four -lane road. Councilmember Wachter Page 13 May 7, 1996 EAGAN CITY COUNCIL concurred with Councilmember Hunter. A-' resident near Com: Road and Oak Ridge intersection stated that the improvement will result in � :loss of trees which 'serve as a buffer to Cliff Road. Councilmember Wachter suggesteN€;-;is::r'be delayed for two years, at which time the need for improvements will probably -- re. Councilmember Awada concurred with Councilmember Wachter to either cancel the project or continue it for two years. Councilmember Hunter and Mayor Egan also concurred. Councilmember Watcher moved wb Mwer seconded, a motion to close the public hearing and deny Project No. 680'*( R,t*ail`='-7p� iOe) and,request Dakota County to place the project on its 1998 CIP. Aye: 5 Nay:-. .... SIC TS EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (EAGANDALE CORPORATE CENTER) - MAPLEWOOD ACRES, INC. Following a brief introduction �i 0-ity..Administrator Hedges, Senior Planner Lisa Freese highlighted the information presented in'fhii:Wii kwidum dated May 2, 1996. Ms. Freese noted the background of the preliminary subdivision :.deveriy ss iiriii and the issues to be considered by the r Council regarding the extension. Gar Hershkin, a representative i�:f: biiit' Transit, stated that he assumed the extension would be granted without any issues 'and is willing to work out the engineering costs for the required improvement project. In response to Councilmember Wachter's inquiry, Mr. Hershkin advised Maplewood Acres is owned by the owner of Dart Transit which acts as a holder of the property. Public Works Director Colbert advised that he and the planning staff met with Jack Heschier, the attorney for Dart Transit;: #irs€ ?4y6&...::d€ ::Wp:the issue of the improvement project engineering costs and it appeared to die 'w&' e* * i'='iitit'" Miiy r Egan indicated that the extension raises concerns due to the City's desire to evalulift trucki terminal uses and the recent creation of the business park zoning district. Mr. Hershki� agreed ti3: ontinue this item 30 days to the June 4, 1996, City Council meeting to address the en g ening i bi is issue with the applicant. Councilmember Wachter moved, Councilmember Masin seconded, a motion to continue this item for review at the June 4, 1996, City Council meeting. Aye: 5 Nay: 0 Following a brief introduction by Mayor tpn, Councilmember Hunter moved, Councilmember Masin seconded, a motion to approve an ordinance amendment to Chapter 11.20, Subd. 7 "Public Facilities" deleting "provided any such purpose is not a commercial profit making enterprise." Aye: 5 Nay: 0 Page 14 May 7, 1996 EAGAN CITY COUNCIL City Administrator Hedges introduced'':ihiss:, eiii; outlining the background of the issue presently before the Council. Parks and Recreation Director Ken Vraa highlighted the background and history of this item, a description of the subject parcel and the City staffs evaluation of the acquisition. In response to Councilmember Hunter's inquiry, Vraa advised that there is an erosion problem within the site and that it will : #a� t;zpa"W even before any development as a ark. In response to Councilmember Masin's'�'q p p grtioris;''S�i�a advised that there would be no development on the three -acre parcel until the ad)icent si4cre parcel is developed because to develop as a total pian, as opposed to developinwit a piecOAneal fashion, the City will be able to X. keep the cost down. A resident from Surrey Heights Townhomes, a spokesperson on behalf of the Association, stated that the residents' concerns cannot be minimized, and cannot be overemphasized. He stated that the area has very high density with no public park area for its residents. He stated that Surrey Heights has been used as a "defacto" park. He further stated that the subject site could be used as a corridor to the six -acre parcel, wheres:l;six-acre parcel will be landlocked if the subject site is developed. Isabel Kennely stated she ojpsi>tQ:the ..property as a park because the proposed development will provide affordable one -level. towhich does not currently exist in Eagan. She noted that there are 53 perks ut not one affordable single -level townhome complex. Tom Wilkinson of Principle Construction stated that there currently exists a 6.3 acre park area next to the subject site. He further noted that if the City develops the site for park or just open space it will cost, at a minimum, $15,000.00 to grade the parcel; at least $30,000.00 to develop for an open -space park; and an unknown amount of money to simply maintain it, Conversely, as Mr. Wilkinson noted,:di�i�ed the City will recover $112,000.00 in lost assessments and the tax base will'iiicrease virt�t'ttirr'2 f'=townhome development. John Zonjersko, a Surrey Heights res3iint, prdsihted a petition with 120 signatures opposing the proposed development. He stated that the ;,tea residents want the park as open space and the City does not need more townhome living: 'Mr. Zonjersko stated that the land is free to the City for its use as a park and that recovering the $112,000.00 is not profit, but money the City had already considered lost. He stated that the City can develop the land for open space for less money than to construct a right -turn lane. Jim.:Gullickson, another Surrey Heights resident, stated that the area is already too dense ard:.0 in need of sufficient park space. Councilmember Hunter stated that the. �and.. s.AQt,"free" id'''the City because it will cost money to develop it as a park and the City will fc#}i :.31.12;.000.00 in past assessments, whereas it will collect that money if it is sold anddeveloped.*Nuncilmember Hunter stated that while he is sympathetic to the area residents, he must look gt: ;the issue as a City-wide concern. Councilmember Wachter concurred with Councilmembit-:Hunter. Councilmember Awada stated that indeed the parkland is not free, but the area is very dense and lacks any open space and the City's townhome supply is currently in excess of its need. Mayor Egan stated that he concurred with Councilmember Hunter and noted that the staff report delineated the issues very well. He Page 15 May 7, 1996 EAGAN CITY COUNCIL added that the City Council must have a j#§onable basis foi fiscally responsible to the City's residents..:Me stated that to does not need is not feasible. ... _ . ng the property and it must be $112,000.00 for a park that it Councilmember Awada moved, CouncNiasirTunter seconded, a motion to acquire the tax forfeit parcel legally described as Lots 1, 2, 3 and 4, Royal Oaks Circle 2nd Addition and authorize staff to complete minimum erosion control. Aye: 3 Nay: 2 Councilmember Hunter moved,f . r.:t ii oda seconded, a motion to direct the City Attorney's office to draft a resolutidi ,•''*w'1hfi fina k : denying a rezoning from R4 to R-3 of 3.52 acres located on the west side of Federal Drive, south of Yankee Doodle Road and to deny a preliminary subdivision (Royal Oak Circle Fourth Addition) consisting of 22 lots on 3.52 acres. Aye: 5 Nay: 0 City Administrator Hedges bri Mayor Egan moved, Councilmember Wachter seconded, a motion to approve a Comprehensive Guide Plan Amendment for McKee Addition, McKee Second Addition, and McKee Third Addition changing the designation from IND (Industrial) to D-1 single family residential subject to the four policies :enumerated in Section 11 of the planning report. Aye: 5 Nay: 0 City Administrator Hedges briefly introduced this item. Councilmember Wachter moved, Councilmember. A,wada seconded, a motion to approve the Planned Development Amendment to allow on -sale Oat the Greenmill Restaurant located at Lot 2, Block 1, Rahncliff 4th Additipn.: �ly;:SNay: MILL RESTA City Administrator Hedges briefly introduced this item. Page 16 May 7, 1996 EAGAN CITY COUNCIL Councilmember Masin moved, Cb".%�cilmember Hun seconded, a motion to approve an on -sale liquor license for Neu & Torger-�on L.L.P. for the' Green Mill Restaurant located on RahncliffCourt as presented. Aye: 5 NO:;: COMPREHENSIVE GUIDE PLAN AMENDMENTT, REZONING, PRELIMINARY SUBDIVISION - BLACKHAWK ACRES 4TH ARDMQN City Administrator Hedges briefl�iti3iti:lu9i Councilmember Wachter moved, CounciMmber I"in seconded, a motion to approve the Rezoning of 0.6 acres from R-3 Residential..T-i hour :: o R-1 Single Family located on the west side of Robin Lane, east of Towm4 ::F`**..-?#.4,'in the SE'/. of Section 17. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve the Comprehensive Guide Plan Amendment of 0.6 acres from D -III Mixed Residential to D-1 Single Family. Aye: 5 Nay: 0 Councilmember Wachter moved, Couitiiiiterxr Masin seconded, a motion to approve the Preliminary Subdivision (Black Hawk Axres'4tfi'I"iion) consisting of 2 lots on 0.6 acres subject to the conditions recommended by the APC..,;.y:5:;:: Nay: 0 City Administrator Hedges briefly introduced this item. A representative of the applicant, Precision Tune, was present but had no comment. Councilmember Wachter moved, 'CoiincfiiieriifeY'1Vtasin seconded, a motion to approve the Planned Development Amendment for a six -liar auto since facility west of Pilot Knob Road and east of I -35E, just north of the existing Pl#'i#1}ps 66 dation, on Outlot A, George W. Giles Addition, subject to the nine conditions listed in tft staff rQrt. Aye: 5 Nay: 0 REZONING - INDUSTRIAL EOUTrMS & RES INVESTMENTS Following a brief introduction by City Administr#Or Hedges, Senior Planner Lisa Freese highlighted the information presented ija t1le.;City :staffs :ptA ihing report dated April 16., 1996. The applicant, John Allen, was present but Councilmember Masin moved, Councilmember Amada seconded, a motion to approve a rezoning of approximately 80 acres from PD (Planned 6�elopment) to BP (Business Park) for property currently platted as Robins Addition, Outlots A -D, located on the west side of T.H. 149 in the NE'/4 of Section 2. Aye: 5 Nay: 0 . Page 17 May 7, 1996 EAGAN CITY COUNCEL Following a brief introduction by' `Iv3:, ::::S .,Hedges, .: for Public Works Director Colbert outlined the parking restriction petition:--'-riisponse to Mayor Egan's request, Colbert advised that the hill along McCarthy Road creates a blind stop and any vehicles parked on the other side can cause a potential danger for traffic coming over the hill. Conversely, as Colbert stated, a parking ban could increase the speed along the road because the residents no longer need to be cautious at the crest of the hill. t: n3:t3s`ited that there was no maintenance #s :: problems requiring the posting of no -parking signs::;:: Councilmember Wachter moved, Counc> 6rnber . 'ter seconded, a motion to deny a request to restrict on -street parking on 1 s #i Rt d:��]i&Carthy Ridge Road. Aye: 5 Nay: 0 .. CONTRACT 96-11, YANKEE DOODLE ROAD Following a brief introductions.y �i#y...:Administrator Hedges, Public Works Director Colbert briefly outlined the bidding process''.:received. Colbert noted that the project cost will be 14% over the feasibly report esM# ates dW"%to':arl expansion in the project scope as a result of Dakota County and MnDOT req #gerr? nta;:: �� ert recommended that any contract awarded should be subject to MnDOT apgi.tai::: Councilmember Wachter moved, Councilmember Hunter seconded, a motion to receive the bids for Contract 96-11, award the contract to the lowest bidder and authorize the Mayor and City Clerk to execute all related documents, subject to MnDOT approval. Aye: 5 Nay: 0 - CONSIDER PaTYATINGtAND USE City Administrator Hedges introduced O.'g item ::fid noted that the Advisory Planning Commission recommended that the City Couri6g- initiate::' study to determine where trucking operations should be loc$ted City wide and to analyze development with emphasis on a development capacity of Trunk Highway 149 Corridor. Councilmember Awada noted that although the City Council has expressed concern regarding the trucking uses, the Council is not anti -truck. Councilmember Awada emphasized that the fQcros of the study would be to determine the appropriate area within the City for trucking business-: : Councilmember Hunter movdi ,*.:-C-0.4 q asin seconded, a motion to direct the APC to proceed with the study examining where trucking:.operations should be located within the City and to identify ways to implement the proposed site-` endations. Aye: 5 Nay: 0 Councilmember Hunter moved, Councilmember Masin seconded, a motion to direct staff to study the development capacity of Highway 149 Corridor with regard to traffic impacts and to Page 18 May 7, 1996 EAGAN CITY COUNCEL identify improvements necessary to accofi iiodate that deveji<i': ent in conjunction with MnDOT %Corridor Study. Ave: 5 Nay: 0 .. , . Following a brief introduction by City Administrator Hedges, Public Works Director Colbert explained the engineering issues,: namely: the construction of the lateral storm sewer through the subject property. Colbert adi.%%i;3iajpJ.t, Brian Hayes, requested that the $15,000.00 lateral benefit assessment W*rie' mi#t�d"as jam:; preliminary subdivision approval condition. Colbert explained that the construction' of the liiferal storm sewer and the applicant's responsibility for the costs associated therewith w. a cond'fi n of the applicant's preliminary plat approval. In addition to the preliminary:��P�`-o :.eosit�#ibn that the applicant be responsible for the property's share of the storm 'sewer I cost;':*.it:::co 'clition of the preliminary subdivision extension be that the applicant execute a right of entry agreement to allow entry upon his property to begin construction of the storm sewer. Mr. Hayes stated that he does not, believe that it is fair that the repair and construction of the storm drainage sewer be a conditioi i.'-.'. ievelopment of the property because he originally went to the City requesting repair of the " yi fle'c se the existing sewer collapsed and the property was eroding. Mr. Hayes stated that:. did iii5 urine;stand what a "lateral benefit" meant and why he was required to pay the entire atiour�x.:I;:#lirter stated that he did not understand why each lot could not be charged with,: ti'izti#rliarge; as opposed to having to pay the lateral benefit. Public Works Director Colbert: laited the difference between a lateral benefit and a trunk area charge. Mr. Hayes stated that he will not develop the property if he is going to be assessed the property's share of the storm drainage sewer construction because it is too costly and the lots will not be sold at a price which the assessment can be recovered. Mr. Hayes stated that he does not believe that the erosion problem and the development of the property coincide with each other and therefore the construct;Qi'i::mi::if#e:3iGiri:srri drainage sewer should not be a requirement of the development. Councilmember Awada stated that the i e of wQher the applicant should be assessed for the cost of constructing the storm sewe�%$i•ainage2 not an issue in the City Council determining whether an extpnsion of the preliminary subdivision approval should be granted. Mr. Hayes stated, however, that if the property is not developed, the problem with the drainage and erosion will still exist and will need to be addressed. Public Works Director Colbert tried to explain to the applicant that absent development of the.:prgperty, the City could still go in the storm drainage sewer to correct the erosion problem si<iii#; Mr. Hayes, as the property owner, would be assessed for the cost. Mayor Egan stated that it was not appropriate to'. debate at this time whether a lateral benefit exists and that the only issue before the Cit yi ;Council is whether • the preliminary subdivision approval will be extended subject to the same':&nditions that were placed at the time of the original approval. Mayor Egan explained that if the applicant wants an extension of the preliminary subdivision, then he will have to accept all conditions. Page 19 May 7, 1996 EAGAN CITY COUNCIL Councilmember Hunter moved, CodRilmember Awadd.: conded, a motion to approve a one-year extension of the preliminary sub i ,cion for Hayti*%addition subject to the existing conditions and the additional condition that Oftyeloper ea ite a right of entry agreement by July 1 to permit the public improvement Pro""ct the storm sewer within Hayes ... Addition. Aye: 5 Nay: 0 City Administrator Hedges noted Hamlin TlWersity'g: Page 20 May 7, 1996 EAGAN CITY COUNCIL dispute then to incur the costs to cot the issue in ir#trt. Mayor Egan concurred with Councilmember Hunter that no new arggimnt or basis for *reconsideration was brought forth by the McNurlins and that they are arguing'i'1t, same positihey argued when the City Council originally approved the assessment. Ms. McNurlin stated that they won the 1974 street assessment appeals because their property did not abut McCarthy Road. Public Works Director Colbert, however, stated that it is his understanding that they prevailed in 1974 because of an issue regarding proper notice, not on a basis of no benefit. Both Councilme yid 4sin indicated that they want more information on the previous lawsuit beforefFiey v ::i`e orisit#or the approved assessments. Mayor Egan and Councilmember Wachter stated that 'tfie Mc ns were properly assessed at the outset. The City Council concurred to deny the U,&urlins'-IJh&Iest for their reconsideration of the assessment. Public Works Director Colbert advised the Council that the City received a request from a motion picture production company requesting the closure of Nicols Road at Black Dog Road on May 16, 1996, from 6:00 a.m. to 8:OQ:p m. Colbert advised that there are no safety concerns involved with the request and the City G.ii .c�pcurred that if there are no problems or issues in closing the roads, it will support the request:.,:,::,.- Councilmember equest:' :,.. ::::::::::::::;:,•.•.. . Councilmember Wachter moved Ma 6r E .g4Lp.:. an.•s. i ed a motion to approve the closure Y.. ofNicols Road at Blackdog Road on May. a:6 i ::irdih'6:00 a.m, to 8:00 p.m. Councilmember Masin advised that she is currently circulating among the Councilmembers a book regarding municipal financing and the creation and/or adoption of a financial policy by the City. She also stated that she recently attended a seminar entitled "Crossing Bridges, Connecting People". Councilmember Hunter presented a posed depiIng an area in downtown Red Wing which utilizes the flower hanging baskets insffitd of gfc#und plates. Councilmember Hunter suggested this may be considered to be used in tkprome l?e development. Councilmember Wachter noted to City staff to investigate a potential junkyard developing at 1450 Pilot Knob Road. Councilmember Wachter further indicated that h"Viewed the City billings and they are acceptable. Councilmember Wachter moved,'Mayor'Egan ..giFeonded, a motion to approve the City invoice billings. Page 21 May 7, 1996 EAGAN CITY COUNCIL A iOURNMENT Councilmember :koYeda. Cciiimember seconded, j. the motion to adjourn the May 7, 1996, City MO>:ig at 1:00 a.m. Aye: 5 Nay: 0 Date: .... If you need these minutes in an alternate- ::SUc6- s:#i#rgse print, Braille, audio tape, etc., pleas contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services activities, facilities and empl.ent without regard to race, color, creed, religion, national origin, sex, disability, age, manfai:� status with regard to public assistance. .r MINUTES OF-AXGEIW.MEE,T,jNG OF THE EA 1li�l:;lCli>i!Dt#cf! :: lci11igta� ay 20, 1996 A regular meeting of the Eagan City(tFlcil was held otf:lvnday, May 20 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayorewd•�ounrik 'j f* Piers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedg;0W*:.ftr;i5; [director Colbert, Police Chief Geagan, Fire Chief Jensen, City Attorney Jim Sheldon, Street SupWhfif+rff*'1 Erhart and Assistant to the City Administrator Hohenstein. City Administrator Hedges noted tW;*)X* provided under Department Head Business toget(ier % building damage disaster credit. He stated that the regarding authorization to prepare a Mighty Ducks g He further indicated that Item O of the Consent Age Councilmember Wachter requested a brief.:*a;%01 Councilmember Awada noted a desire to disc u5s:-4"*i ....... ding the May 19 wind storm would be �esdMons regarding the state of emergency and d also'.Aj action items at the end of the agenda I negotiations for an addition to Holz Farm Park. b Ad W'**:&ntinued at the request of the applicant. io8:to:;aiscuss collective bargaining issues and 7 6hing study. Hunter moved, Masin seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 '$•! is :YS` Chief Geagan indicated a desire on:6 atf of the Police Department to recognize the special group of young people who made up the Eagan EiiWcei' :P9st. He introduced the Explorers' supervisors, Larry Billmeyer, Jenny Willd and Rick Redenius. Offct:9Jf1ti@j«,r.:M3ted that the Eagan Explorer Post was formed in 1985 to develop young people's interests and .ski Ili in iavic:eiiforcement. He stated that the Post logs an average of 2,500 to 3,000 hours per year assistine Police Qwment with nonemergency activities. He indicated that at the annual meeting of the State. oJic�::�iip3s}r ri0i'sts in late April, teams from throughout Minnesota competed in a variety of scene investigation, traffic management and domestic situations. He stated that the team;>Ertiisil:4a6n won first place in the Shoot • Don't Shoot competition and that the department is very proud of their accomplishment. Mayor Egan presented the first place plaque and congratulated the winning team. A round of applause followed. BRIEFING ON RM OF MAY 19 City Administrator Hedges overviewed the acxiyities which had occurred since the storm that struck Eagan in the early morning hours of May 19. Chief dj�jgan staQ:that the warning sirens were activated at 1:20 a.m. in accordance with County policy because 1p.4�ds were:�icceeding 58 miles per hour. He stated that supervisors had been tracking the storm for several hcW prior td:guing a warning. He noted that the Police Department is investigating the possibility that one of the sireniF6d not worked. He stated that approximately 500 structures within the City were damaged in some way but that none were destroyed. Geagan referred to a map indicating the areas of damage from Nicols Road and Diff ley Road southeast to Cliff Road and Highway 3. He stated that despite speculation that there may have been a tornado, it appears to have been straight line winds. He expressed gratfxpde to the Communications Division who handled an average of four calls per minute from the time thit;idorm struck until 8:00 a.m. the following morning. He also thanked members of the Polj;eQgpartment,Firsbepartmentand Public Works Maintenance Division who responded to the emergencyyrfitii2lfeiitS:?trfed by the storm and were able to open the streets to traffic by Sunday morning. He staneighbors pulling together and helping one another throughout the community. Hedges reported that the City would be hand deliverinv:i&saster recovery information to the affected areas and distributed a copy to the Council. In particular, he noted that the City crews would be picking up EAGAN CITY COUNCIL MINUTES/May 20,: I$Rr; ;..:.. Page 2 ... ..... tree debris over the next several weeks and thaf while building pe*r:'. is are required for repair work,the City would be waiving the fee for repairs of storm: -&mage. He noted that two actions were necess "ko:j7grmit... :.CAy to apply for a state disaster property tax ..• credit on behalf of City residents. He presented ifi :fiR�4iliiitk+iif'to the City Council. Wachter moved, Masin seconded a motion to approve a resolution ratifying the declaration of a state of emergency following the storm of May 19, 1996. Aye: 5 Nay: 0 Masin moved, Awada seconded a r j0>iii:fGr 4p .".4:Fecolution requesting damaged homestead property to be reassessed in keeping with th rksasfe>• {?rq iel:4j!%A:�Oedit program. Aye: 5 Nay: 0 Hedges also noted that Congressman Luther's afifide had bWR** in touch with the City and expressed an interest in helping in any way they can. He indicated:ttt staff vd1k:snaintain a record of all costs associated with the storm and its clean-up and explore.pQter r�3:;ii gns of:"%%*" bursement. Public Works Director Colbert stated dial & City h33-t6dtived excellent cooperation through its mutual aid agreements with cities in the Greater Twin Cities area. In particular, he said that five communities have provided wood chippers which have assisted the City in removing over 80 yards of tree waste to the SMC Compost site and 80 yards to the Maintenance Facility. Councilmembers commented on the reuse of chipped wood for trails and mulch in City parks, the lack of serious injuries and the willingness of people to help one another with clean-up and repairs. Mayor Egan commended the community for all it has done to mitigate the disaster and recognized the long hours wotkied::by,City staff. City Administrator Hedges indicated that the Inspections Division had also responded qu* ist::fmft.disaster and had visited 153 homes on Sunday. Wachter noted that some of the debris from Diff ley Co'rtirxtQsis3 8d:affected nearby property owners and Hedges indicated that the City would contact the developer of Dif#Iy.Cpinmons to coordinate a clean-up of that material. HAMLINE UNIVfR,lR' (TY.'INTERNSHIP RECOGNITION Mayor Egan noted that the City had received the Outstanding Internship Employer Award from Hamline for its use of Hamline graduates in the City's internship program. He shared the award with the City Council and community and recognized in particular the role of City Administrator Hedges for an internship program which spanned more than 20 years. FIREp'1i4:le ;l#EDS Wachter indicated that he appreciated the inf&6ation og4be building area of the Fire Administration building and asked for the square footage of the site. ) ie:stresseif:*t t the Fire Department should include the needs of the ambulance service in their space needs ..qik. FirQ6ief Jensen indicated that this information would be part of the report. Hunter recognized the Firebepartfor its comprehensive space needs report as presented at the most recent workshop and indicated thaMi" would help in decision-making for the department's capital needs. ' Councilmember Wachter asked that Items 1 and 2, Ite; t::iN, Personnel Items concerning Police and Police Sergeants collective bargaining be pulled for discussion AVthe executive session. Masin gave special recognition to Item L, National Public Wq{fk;R�lgatian. A. Personnel Items Item 3. It was recommended to ratify the appointment of Mara:'Karels as Administrative Secretary. EAGAN CITY COUNCIL MINUTES/May Page 3 Item 4. It was recommended to approve tW hiring of Lou Coordinator. Item S. It was recommended to approve the employees. me as the Youth Development James Logan, Jr. as CSO scholarship Item 6. It was recommended to approve the hiring of Shane Allen, Lynne Hanson and Kelly O'Connor as seasonal park maintenance workers. Item 7. It was recommended to approve thk:-Bi &:o�:BciRr}::81ai[.�i a seasonal engineering aide. . Item 8. It was recommended to approve the hiring 4;lvarolyniirher as a'seasonal concession worker. Item 9. It was recommended to approve the hiring dKOavid JokAon as a water resources intern. Item 10. It was recommended to approve the:#iitiA9:df-juciji;:�i;q:W*'a seasonal preschool program instructor. Item 11. It was recommended to approve the hiring of Martha Buyck, Meghan Doherty, Jake Groff, Lisa Heine, Lynne Hockford, Allison Johnson, Katie Jorgenson, Heather Kjos, Julie Kugler, Kimberly Larson, Lisa Laue, Brandie Molde, Lonnie Perry, Joanne Soleski, Marcy Swanson and Stephanie Zeitz as seasonal recreation leaders. Item 12. It was recommended to approve M:31fring.of Andrew Beecher, Deborah Gretsfeld, Rachel Forde, Katie Jensen, Bonnie Keeler, Heather Kattlemi i'i;':-oitttfjxry.l. 'ps, Brian Larson, Jessica Lentsch, Christie Mason, Quentin Mitchell, Joe Ocel, Sarah Schmidt, John Sperlg4esK:Kfl-ip Tepfer, Jillian Wagner and Joseph Wills as seasonal recreation assistants. Item 13. It was recommended to acknowledge tFiat':$•tail.#;ffdc'r'will serve as a graduate intern in the Parks & Recreation Department, B. Final Subdivisb n_& Final Planned J7evelooment -Oak Pointe of fawn. It was recommended to approve a final subdivision and final planned development for Oak Pointe of Eagan First Addition located at Slater Road and Plaza Drive. C. Final Subdivision & Final Planned De oDme-nt;; R&n,,,,�i,d-ge 2nd Addition It was recommended to a rove a final subdivision and final lanned c14 10 -(V. jiIiiiiRidge 2nd Addition at. RahncIiff Road and PP p 1 ::•. Pin Oak Drive. D. Final Subdivision - Kindercare LearningCenters. Ec , � It was4tommended to approve a final subdivision for Galaxie Cliff Addition No. 1 for a Kindercare Lea"g Cent("cated at Cliff Road and Galaxie Avenue. E. Final Planned Development - Lot -3— Block 2. Eagandalelfifice Park 2nd Addition =•(Mitogen Seed Corporation). It was recommended to approve a final planned development for Eagandale Office Park 2nd Addition located at 1340 Corporate Center Curve. F. 'Resolution - Comprehensive Guide Plan Amendment. I-4255/TH 149 It was recommended to approve comprehensive guide plan amendments to establish a W land use category entitled "BP - Business Park" and to redesignate property bounded by 494, TH 55 ari�;H 149 from CPD - Commercial Planned Development to BP - Business Park. G. Contact 96-P. Old Country Buffet to approve the construction agreement for Contract 96-P (Old Country Buffet - Storm Sewex}:and authorize the Mayor and City Clerk to execute all related documents. ' EAGAN CITY COUNCIL MINUTES/May 20,;�J9, .:. Page 4 .... ..... H. Contract 96-12, Northwood Drive. It w 3 recommended tcil rove the plans and specifications for Contract 96-12 (Northwood Drive - Streets & ;Ufllities) and authoriman advertisement for bid opening to be held at 10:30 a.m. Friday, June 14, 1996. I. Vacate Utility Easement -Lot 6. Block 5. Courit4,ll�oiiv:3tAddition. It was recommended to receive a petition for vacation of a drainage and utility easement over a portion of Lot 6, Block 5, Country Hollow 1 st Addition and schedule a public hearing to be held on June 18, 1996. J. MnDOT Tiaffic Signal Agreement, TH 149/55. It was recommended to approve Supplemental Agreement No. 1 to MnDOT Traffic Signal AgreementV .aA53..and authorize the Mayor and City Clerk to execute all related documents. K. No Parking Resolution - Denmark Avenue & Naiffiwood 13VIVe. It was recommended to approve a resolution restricting on -street parking (Denmark AveT a&North od Drive) and authorize the Mayor and City Clerk to authorize all appropriate document;;::::::::; L. Proclamation - National Public Works Week'.' 14 was r,?i:�ottiriended to proclaim May 19 through May 25, 1996 as National Public Works Week and authorize the Mayor to execute said proclamation. M. Change Orders, Municioal Center Expansion. It was recommended to approve change orders in the amount of $2,084.08 for Wasche Interiors and Spraungel Construction. N. Findings of Denial - Royal Oaks Circl :4iK-*4ddition. It was recommended to approve the Findings of Fact, Conclusions and Resolution concerningO*AeKW--of a rezoning application for Royal Oaks Circle 4th Addition. O. Aimlication. Massage Theraov License for Oki ael loha.ftji c to Practice at Wastl Chiropractic. 1340 Duckwood Drive. It was recommended to contjiit e.,( jom do k6n, of a massage therapy license application for Michael Persing to the June 4, 1996 Cit�!;GQjtiil:meeting. P. Angrove Agreement, Dakota County Sentence to Service Program. It was recommended to approve the agreement with Dakota County in the amount of $6,000 to provide sentence to service (STS) crews to the City. Q. Waiver and Consent. to Quiet Title Action, -Deer -wood Townhomes. It was recommended to authorize a waiver of the City's right to file an answer ir).the,.Qyjet Tide action and Consent to the Entry of Judgement that the City has no interest in the property in Qtse51?:ir{il:is;iaj#:¢f the Deerwood Townhomes plat. Hunter moved, Awada seconded a motion to a jroved the:GQnsent Agenda. Aye: 5 Nay: 0 %;: PROJECT 702, WOODGATE 2ND &`UD ADDITION PROJECT 703, MALLARD PARK 2ND ADDITION Mayor Egan noted that because Project 702 and 703 were adjacent to each other and because the City would propose to bid them as a single contract, the City Council, would combine the public hearings for the purpose of accepting testimony and that separate actions wouli .'-se taken on the two projects following the public hearing. Public Works Director Colbert overviewed the 1,?R 6ment Management Program which forms the basis for the street reconstruction and # 1 =io�.�rtiOR ....the City's Capital Improvement Program. He stated that Woodgate 2nd and 3rd Addi'#'%%% i#tyij�iL. r.4:P t .2bd Addition were identified as a part of the CIP over the past three to five years as a consequence of tietdfia?Eion of the streets. He stated that feasibility reports have been prepared and two neighborhood meetings wewheld. He stated that numerous comments and petitions had been received which focused on the need foi4hil nature of the project and the assessment of cost. Colbert introduced Steve Gatlin and Craig Stonehousl %&i MSA Consulting Engineers. EAGAN CITY COUNCIL MINUTES/May 20,::IM:;::::::;: Page 5 ..... Gatlin reviewed the location and nature 6Nhe proposed imprents. He stated that roads built in the 1970's had a typical life expectancy of 20 yea -and that constructim at the time paid little consideration to subgrade and moisture conditions. He presentb!#:oaph correlaj the age of pavement to its condition and the typical maintenance required over its life cy ec::: j�te::st That the condition of the pavement in the Woodgate and Mallard Park Additions suggested maji4t:ckuction and, in some cases, a one foot subcut to correct soil conditions. He then overviewed the proposed cost for each subdivision, their lot equivalents and a draft schedule of completion. Awada asked how a subcut would affect life expectancy of the street and how much it would add to the cost. Gatlin estimated that it would add 30+46-%*:*.Ikit:�f4p.Apeaixncy and that it costs roughly 20% more than construction excluding the subcut. Wacftitef c#aftf#fift:bcut would only be done in areas where the soils made it necessary. Masin asked if it was likely that assessments wouido down:w. n the project was completed. Colbert responded that the feasibility report identifies.a.tota:$wb cost r`rnate and an assessment value based on City policy. He said that the actual cost of iM...io-veiiients; +4t�1dW determined through the bidding process and that the City conducts benefit appraisals of a representative:'sample of affected properties to determine the actual benefit that could be assessed. Hunter stated that there are three costs identified in the process - the feasibility report, actual cost and the appraiser's value of benefit. He indicated that the City Council typically tends toward the least expensive of the alternatives. Mayor Egan indicated that Statute limits the amount assessed to the actual benefit of the improvement to individual properties. Mayor Egan then opened the public he4r-ii g:;::Boh hristensen of 1746 Hickory Hill Drive spoke on behalf of a number of his neighbors stating that he"ffaarl;.l 2 A:.a:.homeowner in Woodgate 2nd for 19 years. He indicated that he had checked the maintenance historya#:I it;i ' bborhood streets and that they had only been sealcoated once in 1987. He said that in reviewing*e maintenanci~.Khedules of five other communities, their level of preventative maintenance is higher than >Elt�t in fft--further noted that the residents feel that there is a higher level of outside traffic on the irs€i�etss�iXtfre'opening of Cliff Lake Center and that other communities they had reviewed only assess 2:51W.0 -the reconstruction costs of their streets. He stated that because of the lack of preventative maintena� ee-and the City's attention to new development, the City should bear the brunt of the cost and that it would be more appropriate to assess 25% of the project and have the City's share be 75%. Colbert stated that the City of Eagan's streets maintenance program is comparable to most others in the region. Under the program, he stated that cgpsk4ictimfailura� Are warrantied within the first two years after construction. Streets are analyzed on a reg i#at; bRsis; tit# i;rg. o Ing and first sealcoat is applied in the first four to five years. Within ten years after that, streefs'a're:evil'iiie # for subsequent sealcoating and they are analyzed on an ongoing basis to sealcoat, apply a strui~tyral ovedAy.or reconstruct where it is warranted. He stated that the program has evolved over the years and If of it was Aof in existence in 1975 when the Woodgate and Mallard streets were being installed. He stated tQ:the mairiseilance history indicates that the street was sealcoated in 1981 and 1987 and that the most recent MIuation"der the maintenance program suggest the need for complete reconstruction at this time. Awada asked whether a structural overlay would be appropriate. Colbert indicated that the street base is broken and that any maintenance that does not address the base will not significantly extend the life of the street. Hunter stated that the question is whether the street wa�.Maintained according to our policies at the time and not whether it was maintained under the schedule we 6,4 in place now. He asked staff to research and return information on the maintenance histories of each of t"bdivisions and also that of Woodgate 1 st Addition as a basis of comparison. He saidCEte::Stet; ecy .weeds reconstruction now and that is the issue before the Council. The Council will ccztixjrei't#iiii:#fis::ptorthe street reconstruction during the final assessment hearing. Colbert indicated that Woodgate 1 st Addition was completitd.'tn 1975 and that it was sealcoated in 1980, 1988 and 1995 because the Pavement Management Index inditafed that it had not deteriorated to the point where any higher level of maintenance was necessary. EAGAN CITY COUNCIL MINUTES/May 20;, t.99fi,.;: ::::::: Page 6 ..... Egan stated that the residents had raised sori,e excellent points{*iiit that the City had approved the current Pavement Management Program in 1994 ani:;hat it had processesJ; other maintenance and reconstruction projects over the years based on earlier standW8;•.;He said theAj�ftess question is whether we are applying similar standards to subdivisions throughout th4;;;-jifj�:sues,:tijia:;:: Joan Bauer of 1646 Mallard Drive referenced a petition*previously submitted in which they pointed to the levels of residential and public traffic on their street, quality of construction and level of maintenance as reasons for the City to bear the cost of the Mallard Park street reconstruction. Harry Jandewerth of 1705 Walnut Lane stated that he Believes Woodgate 1 st received preferential treatment and that Woodgate 2nd Addition did not get the same level of maintenance. He said Jj#ct t'y sic,R.4:showld be assessed equally whether they live in single-family homes or townhomes. He sflecti#it:ittnt5:#1?e have paid over the past 20 years should cover the improvements. Sandy Wilkes, 1640 Mallari#:Wive, asij.A.howthe -improvements are expected to increase the value of the homes to justify benefit. Shy 5fated that the cost will not increase the value. Egan responded that the City will do appraisals of a represerd 4ve samp}e:gf the homes following completion of the street project to determine the special benefit which;ta -:W asseg,S6 to the properties. He stated that Mallard Park is somewhat unusual because the road..before #jiiii#t afiiriijSt:t? j?Rcfs before the construction of homes on the street. Colbert stated that the Pavement Marragement Sysik'%:t� not consider the age of homes in the area, just the condition of the street. Harry Jandewerth said that poor streets reduce a home's value but good streets do not increase it. Awada noted that the reconstruction of streets brings homes back up to the value of a good street. She stated that there is a benefit to a property due to the improvements and this has been borne out in previous legal challenges. She stated that the City o�:�;�gosti assesses on its formula because it relates to {ii+:benefit and it also helps to keep the overall tax rate low. Sret3that .other cities have higher property tax rates to offset lower assessment rates in their policies. She ,City is made up of its citizens and that improvements need to be financed from taxes or ai essments-both Q, which affect those citizens. Egan stated that the City attempts to apply the policy fairly aril -:that 6".u" Id need to be careful about changing the policy in midstream. Jim Peterson of 1720 Hickory Hill Lanstted'that the records they received indicated that the Woodgate 2nd Addition had only been sealcoated once. He also agreed with points made by earlier speakers. Masin asked about the differences in the maintenance records. Colbert responded that the Pavement Management Program had been developed with the most recent maintenance records and that staff research was adding to the data base over time. He indicated the research of specific projects indicated the earlier improvements. Harold Peterson of 1729 Walnut Circle asked.hQw street* are analyzed. Colbert described the development of the system which included an orig inaE::ti# 0At�'.-': t:;a (;:5trt s; based on visual observations of cracks, deterioration and other criteria. Following 31ii'ofi'glri I-tvelbt lore --the data base is maintained by evaluating one-third of the streets each year on a three year cycl4;.:::He said -that if streets are scheduled for maintenance in the upcoming year, they are also evaluated to det**ine wh;gf er to move forward with the project. He stated that the history of evaluation for the streets in NAA rj:lgate 20nd Mallard Park 2nd indicated rapid rates of deterioration. He stated the original construction 1fihese strOWS occurred in a wet area in a wet year and that may have accelerated the deterioration. •• Masin stated that if the City were to change the assessment policy now, it would be unfair. Hunter stated that fundamental fairness indicates that people who benefit from an improvement or program should pay for it and that the City applies that philosophy in areas besides street, assessments. Bernie Boyle of 1706 Hickory Hill stated that the philosop%.'_Of street assessments basically makes sense. He said that the use of the street by the pubkp-: s:a etixoeJaez4yeen Bfackhawk Road and Johnny Cake Ridge Road and suggested that the City should Db% :j- ction cost than would be the case with an ordinary neighborhood street. Egan asked ifffie,biY,*,, tad' tiafijjI 'changes in traffic flows. Colbert stated that the City does not keep information on neighborhood streets fo 4isdget reasons. He noted that the long-term plan for the community has been to connect neighborhood streAi-io permit traffic connection alternatives. He said that while some traffic changes may have resulted from these'connections, it probably does not increase EAGAN CITY COUNCIL MINUTES/May 20, ;}A•9.b :•:::::.: . Page 7 the functional classification of the neighborhoaid street. Wachter b ttied the streets also need to connect for public safety purposes. Awada noted that the Council and neighbor#{jce:rkwd'ii�tiiber of questions, but that the hearing is about whether the project is feasible and whether ::pi&eed. She stated that one of the issues is whether the subcut for soil corrections is necessary and•wfie 6e -r it justifies the additional cost. Wachter noted that if the issue of soil correction came up after the bid had been awarded, the project would need to be changed and cost may increase. Colbert stated that the improvement could be modified, but that is would affect the life of'the street. As a consequence, the assessable benefit would likely be the same with or without the subcut, but the maintenance cost would be tri,ttfutUtP,r•Awada suggested the contract be bid with the subcut as an alternate. Dan Martin of 1667 Mallard Drive stated that the`•C:dy plans -diad called for more connections between Johnny Cake Ridge Road and Thomas Lake Road. Since: -Mallard [?rive is the only connection which has been constructed to date, he indicated that there is much. i".-public:tia is on that street which has contributed to its condition. Masin again noted that t1a:ife' tiiAaiit tiaij�s to determine the need for the street reconstruction and asked whether anyone pr�serri:''felt that'�ile�street shouldn't be improved. A few people indicated that they did not want the improvement. Cory Bultena of 1763 Walnut Lane said that he believed that poor maintenance is responsible for the condition of the street and that the impact of the deterioration on his property value amounts to a public taking. He indicated that he will review the City's appraisals and asked whether the City would pay for residents' appraisals. Wachter responded that the City has not paid for residents' appraisals in the past. Bultena state.d that the current pattern of traffic means that the neighborhood is subsidizing public use of their street. He spiidAbAk he feels property taxes should be higher and assessments should be lower. Egan responded that resideiias:8.t;ie:pyblic hearing had criticized the assessment policy. He said the City has a reasonably good assessment poli y:.4tid.:it:ip.important to apply it fairly. Bultena stated that he does not believe the project will benefit his. prope'rtj %;# '$2,650. Hunter stated that the question of benefit sh¢dld .k :e 4dXesset] at the final assessment hearing. Arlene Cowles, a realtor representing a:ctiailf'in the Woodgate 2nd Addition, stated that it is important to address the value of the improvement now because it has an affect on those selling their homes between the time the project is ordered and the final assessment is approved. She stated that the moisture condition of the subgrade should be considered as a hardship to the area and should be incorporated in the financial assumptions of the City. Hunter stated that he had experienced this circumstance at the time of the sale of his home in Cedar Grove and that any pending . se 4issessments are escrowed by the seller and that the difference would be repaid following the final assessmii is rlfl� ;:#*.""*�€•'i'rfif i.q asked if there were further comments on the feasibility and need for the project. ... Lisa Jost, 1799 Walnut Lane, stated that there is iiiD questWii:that the road needs to be redone. She supports itemizing a subgrade correction and suggesiM:that th¢:6ty consider adjusting the assessment to homeowners based upon the relative condition of streeii being Mconstructed. Wachter stated that he was on the Council when this project was approved. He said there was significant pressure from the original developer, builders and prospective homeowners to develop the property despite its wet conditions. He stated that while this may have contributed to the current condition, the City's maintenance staff is among the best in the region and that they have tried to maintain the street since it was built. Mike Todd of 1745 Hickory Hill said he understands that"%Council is discussing feasibility and not finance, but said he did not believe it wasfausir�e {�[tice_to move forward with the project without knowing how it would be paid for. Hunt>I#2kii:stjr:CQncil will base its decision on the original assessment estimate, actual construction costbenefit, two of which could only be known after the project is completed. It makes good businewiepse to base decisions on the best available estimates. Sandy Wilkes asked if there were alternatives to re&4the cost and whether it was necessary to do Mallard Park since its condition is not as deteriorated as Woatleate. Colbert stated that economies of scale make it more cost effective to do the two projects together. While Mallard is not as deteriorated as Woodgate, EAGAN CITY COUNCIL MINUTES/May Page 8 the ultimate cost of reconstruction would be Fir9her if the two projeeiNvvere separated and Mallard was put off. He stated that efforts are made to reduce cosolbrough such met jrads as reclaiming aggregate from existing pavement and only doing subcuts where soil ci tions are ndto$3ary. Awada moved, Hunter seconded a motion to�li:t +di�'hearing and approve Project 702 (Woodgate 2nd & 3rd Addition - Street Rehabilitation) with the subcut to be bid as an alternate and authorize detailed plans, specifications and appraisals. Further, it was directed that the 1981 sealcoating be researched to determine if it was actually applied. Aye: 5 Nay: 0 Hunter moved, Awada seconded a mot ic �Ji:tisi�R;tg;plc;.�iearing and approve Project 703 (Mallard Park 2nd Addition -Street Rehabilitation) ani-** 0n of detailed plans, specifications and appraisals. Aye: 5 Nay: 0 WW .. PRELIMINARY PLANNED$r:l!tft1MINARY SUBDIVISION jtE DUCKWOOD'BLTJ FF PINFf(CSi1it,6 PORATION) Hedges introduced the item and noted that the Advisory Planning Commission is recommending denial for reasons outlined in their minutes. Senior Planner Mike Ridley presented the project and indicated that it consisted of a four-story 102 -unit Fairfield Suites Hotel and a Class I sit-down restaurant. He stated that two residents who had attended the APC publ�r,.hearing had opposed the project because they felt it would overpower the natural setting on a high 8irea:;. Pve Fish Lake. He stated that the Advisory Planning Commission is recommending denial because'oi t#io :cjitb of the four-story hotel and the architectural treatment is not compatible with the area. He said that staff Fiad-:W2 h h*fO.rmed that the applicant had prepared revised plans which addressed the concerns of the resident' nd the Pfaririing Commission and introduced the applicant to address the plans. Steve Debbs of CSM briefed the Cit)t:r-6 i 9.9.*oh'his company. He stated that they have multiple diversified properties with a reputation for quality projects. He noted the awards that they have received for architect and landscaping and stated that they consider themselves to be good neighbors and corporate citizens. Gary Tushie of Tushie-Montgomery Architects said that the plans for the project had been revised by lowering the building, adding brick and increasing landscaping. He said the three-story building was lengthened by 60 feet to accommodate 1Qq;rrsoms..;Th�X have added brick on all sides of the building representing approximately 50% of the but14jrgi.f€hey have added more flowering trees and fast-growing overstory trees to their landscape pfah':"* ie'ilidfeai+i;eJ tigat they are attempting to make the building as residential looking as a commercial business can Hunter asked why this project needed to be a plarp' * develp;-hent and could not be accommodated with straight zoning. Ridley responded that the applicari;Kdesire fQ:Mace two uses on one parcel required a planned development zoning. Awada asked if the changes we .' gnificant enough to return the item to the Advisory Planning Commissioh. Egan responded that would be a determination the City Council would need to make. Hunter indicated that he had attended a government seminar presented by John Carver and the principal theme was creating more government efficiency. He said that he does not want to bypass the Commission, but that he feels that the Commission's recommendation gave the City Council all the tools it needs to make its decision. He said the project has changed 1* . tly as the APC suggested it should. Wachter asked about site and pylon g;::;fii¢{ey.rtd;;hat the applicant wished to place building signage on the east, west and north sides of ibt#it�g:; ;Y� is 4:*ted that they are asking for signage on three sides to add visibility because of the lowering of'tf�e'6uYt3ing:"fNayor Egan asked if a restaurant tenant had been identified yet. Tushie noted that a number of restaurants;Y.v.�;re interested, but none had been signed at this time. EAGAN CITY COUNCIL MINUTES/May Page9 ... ..... Masin asked if the residents were noticed:oi,consideration of tliis'iiem by the City Council and the changes proposed by the developer. Ridley stated fQ. residents wero:armed that a final action on the APC recommendation would occur at the City Couikiiiniteting. TKq:,fj ific changes were not separately noticed to the residents. Egan and Hunter stated that it K. oi; iG for the AdvisoryPlanningCommission to inform residents of the schedule of consideration fo'r'pirfp�D�sTs: Masin indicated that the Planning Commission also raised concerns regarding the intensity of the use on this site. Egan said that the City has previously supported commercial uses in this area to the point of denying fairly intense residential uses for the same site. in the past. Awada stated that a four-story hotel was too much for the site, but that a three-story hotel wou{>ii;: Wachter moved, Hunter seconded a motion to ap;�ve•a pi�.Winary planned development to allow a three-story, 104 -room hotel and a 7,200 square foot Class I sit=$dwn restaurant subject to the following conditions: 1. Approved as part of this Preliminary:!N.. fieri Dev 3s j i ii hf is a three-story, 104 -room unit hotel and a 7,200 SF/240 seat Class I sit-down restaurant (poi lbfy with on -sale liquor). 2. The term of the Preliminary Planned Development shall be five years. 3. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development apxoval. The following exhibits are necessary for this Agreement: *Final Site Plan *Final Building Elevation Plan *Final Sign Plan X.r *Final Landscape Plan Upon submission of these final plan*;:P't, !dd' l they are in conformance with the Preliminary PD, the Final PD may proceed to the City Cduncil for approval. 4. Additional plant material shall be added along the east and west property lines. 5. The future restaurant building shall have a brick exterior that is compatible with the existing medical clinic, Chili's, and Wendy's restayants..pd#acent;{o:.the.:gite. 6. To provide a level of uniformity between the .fv✓o•use5'wifhin the proposed PD, some brick exterior material shall be added to the hotel. This liiJ,�k shall 3 similar to that to be used on the future restaurant. 7. All rooftop mechanical equipment shall be screened frotWoiew and the developer shall provide the City an elevation/screening drawing ofthe proposed satellite dish for review and approval priorto Final Planned Development approval. 8. Approved signage includes: Hotel building signage on the northeast and west sides, a shared pylon sign on the western edge of the site, and individual monument signs on the eastern edge of the site. All signage shall meet City Code size requirements. 9. The details and finishes of the coA cj fi7::prF�j;ati;Wi#I::;be substantially similar to the elevations presented at the City Council Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES/May Page 10 Wachter moved, Awada seconded a consisting of one lot on 9.8 acres located ei subject to the following conditions: The developer shall comply with t February 3, 1993: Al, B1, 82, B3, B4, C1, C2, C4, D1, E1, F1, G1, and H1 inary subdivision for Duckwood Bluff Drive, south of Eagan Medical Clinic, lat approval as adopted by Council on 2. The property shall be platted. 3. Detailed plans and specifications co4i'itig orrstl itsii ii! these retaining walls shall be submitted prior to final plat approval. 4. The developer shall utilize the gravity flow sat..Ory sewer.:Rl�rmative and connect to the existing stub located at the southwest corner of the.site: S. The entire storm sewer system shall:Si 'constructetl:'rcF'City engineering standards. b. The storm sewer should be located outside the hotel entrance canopy area to provide for sufficient area for maintenance of the pipe without disturbing the canopy. 7. The developer shal I provide tree pr installed at the Drip Line or at the significant trees/woodlands to be I 8. The developer shall also contact the C to ensure compliance with the approv Aye: 5 Nay: 0 measures (i.e. 4 foot polyethylene laminate safety netting) er of the Critical Root Zone, whichever is greater, of the ry [ 'Msion.at least five days prior to any site grading ?resNt Plan. PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMITS & VARIANCE HOOVESTOL INC Hedges overviewed the item and noted..thv,A&ist?r!; P,.I,�pning Commission is recommending denial for reasons outlined in the Commission mi.M�teS :l. 4 %nothe issue of new and expanded trucking activities will be the subject of a study directed'6'y'tfie:0***i''`tiiitii'11 at its meeting of May 7. Senior Planner Ridley indicated that the proposal is for a trucking fad)�lity on or*:.4.2 acre lot located west of Highway 149 and the conditional use permits were necessary for a t &k facilii*; n an industrial zone, secondary sales and service of trucks and trailers and fuel dispensing and �Y.hrianceiv-the setback from a residential district. He noted that Hoovestol had previously presented a similaf hpplicati>;iR:for a site at Yankee Doodle Road and Mike Collins Drive and was denied for that location at that time. He sa'i$that the applicant is requesting a variance due to the shape of the site. He further stated that residents appeared at the Advisory Planning Commission meeting and opposed the applications because of concerns involving traffic volume, safety, noise, the proximity of trucking operations to the residential development, smells and emissions from trucks and fuels and the potential impact on property values. Colin Evenson of Evenson Kluse Architects appeared on beW of the applicant and stated that Hoovestol operates a contract trucking business whiff -fts;> :kr•the: it�t. Eagan for 18 years. He said that the main contract of the firm was with the U. S. Postfibrr{c::Hi:cid that the site has been zoned for industrial since Eagan's first zoning plans in 1959. He said that in�resporise fo that issues, the site will accommodate up to 15 truck operations per day, which are existing in th0:f Pty already. He said that the MnDOT requirement that the site only have a right -in and right -out aci'i fi will limit its impact on other traffic. He indicated that fuel dispensing will conform with all state, federal and local requirements and that with respect EAGAN CITY COUNCIL MINUTES/May 20 Page 11 to pollution, Hoovestol owns its own trucks, the:oldest of which is il994 vehicle.' He stated that all vehicles have three-minute idle timers to shut them oi:lfl,the event that are left running. Sheila Grabowski of 580 Chapel Lane spoke pri;3fl Ja r7#:*4:: limber of residents. She stated that there is already increased traffic on Highway 149, particul�fiy--fib i'UPS trucks and West Publishing traffic. She presented photographs and stated that the proposed driveway is at a blind spot on the road and presented other photographs of traffic near Highway 149 and Chapel Lane at 4:30 in the evening. She stated that she believes there will be more traffic despite developer representations. She said that MnDOT indicates there is a need for widening Highway 149 but that no funds areAVAUp.ble from the State to accomplish the upgrade. She said that if the variance requested by the developeF;iisi;�t,#ptii )?.direction the road could be widened is to the east toward the existing residential projiefti�S:'' Criii 0Qjented a graphic indicating that there are 23 trucking firms within 2 1/2 miles of her neighborhd*40 She s fisted that Hoovestol could locate closer to the other trucking firms or closer to the bulk mail ceMr. She stated that the City should not consider more trucking on Highway 149 until it is upgraded. ?;• , With respect to pollution concerns, Gralii3iiii%'ski stater:;flit iiffe controls are routinely overridden in the trucking industry, fueling could result in soil contamination and that her area already deals with odors from Gopher Smelting and should not need to endure more emissions from a trucking facility. Chuck Thorkildson of 510 Rolling Hills Circle stated that truckers will want to turn as they need to despite the right-in/r ght-out restrictions. He was also concerned about the effect of the variance on future Highway 149 expansion. Georgia Hoffman of 500 RdIft Hills Circle suggested that the City work with Hoovestol to locate in the proposed TIF district at Highvv4*4 !�5:;aW 149. Wachter stated that in addition to the variapce,'Ni -* fiiiiation requires a number of conditional use permits. He stated that he was not prepared to #prove the,apg}idation without the results of the trucking study. Egan stated that if the Council was not prepdre4l;m:::ifie application, State law indicated that it must be denied or that the City negotiate yritl:e:eF#i#i$rit to tie future consideration of the item to the trucking study. Hunter stated that the trucWi i$:4tk1 need not be completed for consideration of this project and that it should be denied on its merits. fie stated that the zoning for the area is industrial but that much has changed in the area which affects whether the City should allow a conditional use. He said that based on a request for a variance alone, there is a reason to deny the application. In addition, he said that noise, fumes and lights will impact the surrounding area. Awada stated that the City has setbacks for a reason and that the variance will affect neighboring properties. Evenson noted that Hoovestol had previously applied to be located near the other trucking firms but that applica4idrA citralt+t�tee#:as:yrell; Masin stated that she appreciates the fact ` will: that Hoovestol will look elsewhere for a loeatifi I of the ;a3t14?f�CkS'., . itti,, pplicant's needs and City needs. Hunter moved, Awada seconded a motion to dq*-the appfl tions and direct staff to prepare Findings of Denial for the preliminary subdivision, conditiona3;4:se perm3> and variance for Hoovestol, Inc. Aye; 5 Nay: 0 Mayor Egan stated that Wayne Hoovestol is a long-standing' business owner in the City of Eagan and that he hopes the firm can find the right location to stay in the City. DAKOTA COUNTY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM City Administrator Hedges introduced the item and indiirjied that Dakota County solicits input from affected cities on its capital plans. Colbert referred the County tlY'& draft Capital Improvements Program and options the Council may wish to consider fiii ;Itisp #r ti fs'd�txs;iijc :¢Ian. The City Council reviewed the items. In particular, Hunter noted that the proposed signal at Diff gY Road and Rahn Road should be installed in 1997. Wachter suggested that the Council may wish to coriQe"i r the Cliff Road project. in 1997 instead of 1998. Hunter and Awada noted that it is premature to upgrade Oifl' Road at this time and that it should remain in the CIP for 1998. Egan concurred and stated that it should be considered in the context of improvements to Lexington Avenue. EAGAN CITY COUNCIL MINUTES/May Page 12 Awada indicated that there is interest and not part of the County's CIP and th, upgraded to an urban street design which be necessary to upgrade the south portioi neighborhood are deteriorating. Colbert stated that Dodd is a City street probably requires that Dodd Road be Wachter noted that it would also soon )artial improvements requested by the Awada moved, Hunter seconded a motion to approve the staff report recommending modifications to the Dakota County.1997-2001 Capital Improvements Program with the Diffley Road - Rahn Road traffic signal being accelerated to 1997. Aye: 5 Nay: 0 :• ... Masin noted that she had received a questionnaiCe.;from the'MVTA on transit funding and transit needs for discussion with legislators at an upcoming MVTA y*pt'li'cshop. .'.':City Council indicated that it would rely on Masin to represent the City's needs baseJd--V*R•:hc@S:iNoi :with i# Transit Authority. Colbert reported on staff's response to an alarm for the County Hollow lift station which occurred during a wind storm. He said that staff was able to connect an emergency generator and keep the system operating until power was restored. He also distributed the 1996 sealcoating program. AUTHORIZATION TO IN Hedges stated that the City's arena archite preliminary information on the development of a He said the Eagan Hockey Association has coma other half. Hunter stated that City staff. shomtgt# decision on the contracting with ACC. Aticc.a including necessary staffing and operating mists, Council took no action on this item. DUCKS GRANT/SECOND ICE SHEET -1 ACC;':kW s3'- ovided an estimate of $15,000 to prepare and ice sheet:f* submittal to the Mighty Ducks program. 6ed.40::Piji;:q{tiaIf of the amount if the City will pay the reP4ra—:A-'preIiminary cash flow analysis as the basis for a silted that it was necessary to have a cash flow analysis, before acting on this item. Following these comments, the RICHARD HOLZ PROPERTY Hedges stated that, at the direction ofttift'Cowor,14;::sfagf ;bAo:,presented a counteroffer to the Holz family for acquisition of the Richard Holz property-.... 9 ec4;xf? :66er and counteroffer to the original asking price and appraisal. Councilmembers discussed the apRropriateness of the price given the fact that its primary use would be as a driveway and that the site alread%.lias acce:through the neighborhood. They further discussed the availability of parking and whether futkr4:needs #hk: met by the acquisition. The Council suggested that staff work with a real tor to assft3:the potential to acquire the property and subdivide it to permit resale of the existing house. Hedges stated that staff would undertake this next level of analysis before returning the item for Council consideration. RATIFICATION OF ACTION - ROYAL OAKS TAX EXEMPT PARCEL City Attorney Sheldon noted that in order to process the CogiteiI's action on the Royal Oaks' property and because the minutes of the May 7 meeting will be considered af:ilater date, it will be necessary to ratify the Royal Oaks action separately. Awada moved, Hunter seconded a motion to ratify the Council's action of May 7 to acquire the Royal Oaks tax exempt parcel. EAGAN CITY COUNCIL MINUTES/May 20, 1996 Page 13 PU►SIGNAGE Wachter moved, Awada seconded a =04*directing the placgrpent of signs at all active City parks and on unimproved parkland noting its acreage. Nay- Nay: 0 . Awada referenced a letter regarding the amount of D -II land remaining in the City. She stated that studies including the Met Council Livable Communities study suggest that Eagan has an oversupply of townhouse property. She 'suggested that a study be undertaken to redesignate appropriate areas to other uses. City Attorney Sheldon stated that staff can bring theZ*_W%( 1-SWdYP.00P9$AI with alternatives for their consideration at a future meeting. Masin reported on attending the Convention & Visttts Bureauefit with Mayor Egan. It was noted they had an opportunity to discuss community beautificatio and intes*ommunity collaboration with Lieutenant Governor Joann Benson who spoke at the event, Masit>:&6 atteni ei ;the Intergenerational Dialogue Training session and stated that the City needs to em ft�{3Si flt 11Wer�ci of youth in its volunteer activities. She also attended the Center for Transportation5diidis Annuaftorrfer*ence to discuss transportation and transit issues. She stated that the Dakota County League of Governments intends to address property tax reform and requested feedback from the Council in that regard. PUBLIC NOTICE POLICY Hunter moved, Wachter seconded a crioi4nxo approve a Council policy that anyone who signs the register at an informational meeting will rec*'fit# a::iwiten.notice of the City Council meeting at which the matter will be discussed. Aye: 5 Nay: 0 Wachter moved, Egan seconded a motisS:tf><a;"pproiie'all the bills in order that they may be paid. Aye: 5 Nay: 0 it Wachter moved, Egan seconded a motion to recess the City Council meeting for an executive session. Aye: 5 Nay: 0 The City Council reconvened following the executl9p sessiork�::Awada moved, Hunter seconded a motion to approve collective bargaining agreements for 19961 1997 �iiih the Police unit and Sergeants unit of the Police Department. Aye: 5 Nay: 0 ••• Wachter moved, Egan seconded a motion to adjourn the meeting at 11:25 p.m. Aye: 5 Nay: 0 JDH Date City Clerk If you need these minutes in an alternative form such as large ptlrit, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons 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 or status with regard to public assistance. MINUTES OF �k:$fi4tif#:i4F THE EAESJf"WeiTY COUNCIL.::-:::: e4an, Minnesota .... •::�Itay,7, 1996 A Special workshop meeting of the Eagan City Council was held on May 7, 1996 at 5:00 p.m. Present were Mayor Tom Egan and Councilmembers Pat Awada, Shawn Hunter, Sandy Masin and Ted Wachter. Also present were City Administrator Hedges, Finance Director VanOverbeke, Parks b Recreation Director Vraa, Public Works Director Colbert, Parks Planner Lilly, Park Superintendent Olson and Street Superintendent Erhart. MUNICIPAL A l� W.:$iONAOE Parks Planner Lilly presented a model of the signage and lbase alternatives and tentative budget. He stated that the sign would be constructed of a metal AMA-" inter *Q'i lit cut-out block letters and that the sign on the Pilot Knob Road entrance would inc( :4t:;$i rte ire fs�ide board, also internally lit. The Council indicated general support for the sign design ilsid:t$s�.isset :Ai;eriiatives for stone or brick as a base. Due to lower construction costs and higher durability, it was determined that a stone base should be installed at both the Wescott and Pilot Knob entrances. The Council asked whether an electronic message board could be an aftemative to a static letter reader board. Staff indicated that cost estimates for a comparably sized electronic message board would be $35,000, while the proposed message board would cost less than $2,000. Following discussion, the City Council also directed the signs include an oak tree logo and should read "City of Eagan, City Hall - Police." Mayor Egan then summatii*d.That the consensus was for the metal sign as presented with a manual reader board and sandstone base: :: WINTER TRAILS=i1AAINTEIV?tiI1C'E POLICY City Administrator Hedges introduced sta�F:cs:rom'the Public Works and Parks Departments who had coordinated the preparation of info rnt3l ori ft:iiv7n'ter trails maintenance. Park Superintendent Olson presented statistics and data concerningwind #rail's maintenance from 14 other cities. The information covered the frequency and methods used by those cities to clear snow. The extent of the City of Eagan's trails system was also discussed in comparison to the other communities. A videotape showing trail snow removal practices by other communities was then presented. Hunter reviewed the figures and estimated th9J.#w.•City.ceuld.sPeg0. approximately $118,000 if it plowed trails only on the major county roads. The CounCtl t3:8#i5lft- i�ervice alternatives. Street Superintendent Erhart stated that contractual arrangements are posg;ibfe •'i,;u1* 1I`fAt experience has indicated that private contractors want ongoing work and are typically not avvAble for bmil jobs or short duration. Mayor Egan indicated his belief that the usability of traj#is a queiit:•of life issue. He asked whether the trails system should be available for four seasons or just three. He saitl:#be trails system in Eagan is 94 miles long and that winter maintenance wpuld result in additional costs and impacts on the City tax rate. He stated that because of these issues, it Is important for the City to be on record addressing some type of four season maintenance policy. Masin stated that safety is a concern in areas where citizens sl*iid not be walking on public streets due to traffic volume, street width or other reasons. Wachter expressek concem about the condition of trails once they have been plowed. He stated they typiljy begrime ;ice .QpveQ and are not safe. He felt that liability and Insurance issues should be addressed as '!'%"%-- t3iA;tl :p$ii3fj AVvada stated that she does not see many people walking on the streets or trails in the Vufrift:' 15#i'esiiW�'fi�w the City would go about prioritizing the trails that would be maintained. Dr. Charles Peck of the Pilot Knob Animal Hospital spoke in sdp06rt of winter trails maintenance. He stated that he had previously provided the City with a petition with several hundred signatures from persons indicating Page 2JEagan Special City Council Meeting . . .... .. May 7, 1996 that they would like to be able to use the trails In #4:��46i gqested that If the City was not in a position to maintain all trails that it consider designating certain areas to plow and that a one to three mile loop be maintained for recreational trail users. Staff asked the Council for direction on priorities for a trails maintenance policy, including whether both sides of major road corridors should be considered, whether schools or business locations should have priority and whither one, two or three days for removal of snow was important. Due to Insufficient time remaining to discuss these irel, ested the item be discussed at a future workshop before an analysis of options and cft'f*-9*'-'i1e:-:*OO ADJOURBIMENT The meeting adjourned by acclarnatIMillf-6 .....c p iY;..... Rai Agenda Information Memo June 4, 1996 Eagan City Council Meeting The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Seasonal Ballfield Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of Jill Hammer as a seasonal ballfield attendant. Item Z. Seasonal Street Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Jason Lane as a seasonal street maintenance worker. Agenda Information Memo June 4, 1996 Eagan City Council Meeting B. RESOLUTION, AIRPORT RELATIONS COMMISSION.,, -TO IMPROVE FAA ENFORCEMENT OF EAGAN-MENDOTA HEIGHTS CORRIDOR ACTION TO BE CONSIDERED: To approve a resolution requiring that aircraft operations compliance with the Eagan -Mendota Heights Corridor be improved. FACTS: The City of Eagan has relied on the establishment of noise compatible land uses in the northern part of the community as a primary means of controlling the effects of aircraft noise on its residents. The area and boundaries of the corridor were established in cooperation with the Metropolitan Council, Metropolitan Airports Commission and Federal Aviation Administration, based on representations made by those agencies. • In the years following airline deregulation, operations at the airport have tripled and the operating area of the corridor has been expanded. Despite this, the MAC and FAA have repeatedly indicated that they will patrol aircraft so that they will stay on or north of the extended runway centerline or three miles from runway ends southeast of the airport. While Eagan residents have complained about excursions from the corridor for many years, the MAC implemented an automated noise and operations monitoring system (ANOMS) in 1994 which provides monthly documentation of levels of compliance. When the system became operational in late 1994, 6.8% of all jet aircraft operating southeast of the airport flew south of the corridor's operating boundary. At that time, the City indicated to the MAC and FAA that improvements needed to be made. Since that time, conditions have substantially deteriorated and grew to 13.5% non-compliance in March of this year. This increased non-compliance is reflected in the observations of Airport Relations Commission members and calls from the public. • At its meeting of May 14, the commission recommended Council approval of a resolution requiring approved compliance with the corridor. ATTACHMENTS: • Draft resolution on pages _�L through CITY OF EAGAN RESOLUTION REQUIRING IMPROVED AIRCRAFT OPERATIONS COMPLIANCE WITH THE EAGAN-MENDOTA HEIGHTS CORRIDOR WHEREAS, the City of Eagan, in cooperation with the Metropolitan Council, Metropolitan Airports Commission and Federal Aviation Administration, planned and implemented an area of noise -compatible land use along in the northern part of the community which is part of the Eagan -Mendota Heights Aircraft Corridor, and WHEREAS, the City based the area and location of the Corridor land uses on representations by these agencies regarding aircraft overflights and noise impacts, and WHEREAS, the City has actively encouraged the development of land uses in the Corridor which are compatible with these representations and prevented the development of land uses which are incompatible through ongoing improvements to its comprehensive plan, denial of incompatible rezoning applications and reinforcement of residential development outside the Corridor, and WHEREAS, the coexistence of the airport with neighboring communities relies on the effective management of air traffic in areas where it was planned to be absorbed, and WHEREAS, the residential areas of the City of Eagan have experienced a disproportionate increase in the impacts of aircraft overflights due to operations outside of the parameters established for the corridor, including a doubling of the percentage of Corridor excursions since December, 1994, and WHEREAS, the MAC and FAA have the equipment and resources necessary to more effectively monitor and control the operation of aircraft southeast of the airport, including an automated radar tracking system, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, on behalf of its residents, demands that the FAA and MAC comply with the operational standards set for the corridor, to eliminate jet aircraft departures south of the Runway 29L localizer within three miles of the runway end and to require all jet aircraft arrivals to make at least a four mile final approach to the 29 runways. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 4 Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of June, 1996. E.J. VanOverbeke, City Clerk City of Eagan S Agenda Information Memo June 4, 1996 C. CONTRACT 96-15. MEADOWVIEW ROAD TTIES ACTION FOR COUNCIL. CONSIDERATION: To approve the plans and specifications for Contract 96-15 (Meadowview Road - Utilities) and authorize an advertisement for a bid opening to be held at 11:00 a.m. on June 14, 1996. FACTS: • On 4-16-96, the City Council approved Project 615R and authorized the preparation of detailed plans and specifications for the installation of utilities only within Meadowview Road. These plans and specs have now been completed and are being presented to the Council for their consideration of authorizing the solicitation of competitive bids. Agenda Information Memo June 4, 1996 - Eagan City Council Meeting N 31: 1 DI&I LVA Wri 1 10 Dow WWWAOl Q3 13" .A : 1 ACTION TO BE CONSIDERED: To approve/deny a resolution amending the Eagan Comprehensive Guide Plan from D -III Mixed Residential to D -I Single Family for Black Hawk Acres 4th Addition. FACTS: Black Hawk Acres 4th Addition is a proposed 2 lot single family subdivision. The proposal requires the redesignation from D -III to D -I in the Comprehensive Guide Plan. The Advisory Planning Commission conducted a public hearing on this proposed Comprehensive Guide Plan Amendment and corresponding Rezoning and Preliminary Subdivision requests at its regular meeting on April 23, 1996. The City Council approved the Comprehensive Guide Plan Amendment subject to the Metropolitan Council approval. The Rezoning and Preliminary Subdivision are contingent upon the Metropolitan Council approval of this amendment. The Metropolitan Council has reviewed the proposed Comprehensive Guide Plan Amendment and has determined that the proposed amendment will have no potential impact upon any of the Metropolitan System Plan. The Council sent a letter on May 20, stating that the City may place the proposed amendment into effect. BACKGROUND/ ATTACHMENTS: (2) Comprehensive Guide Plan Amendment Reso tion, pages through. Metropolitan Council Review Letter, page. RESOLUTION NO. 96- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, JMS Development has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land known as Black Hawk Acres 4th and shown on Exhibit "A" attached hereto located north of Silver Bell Road and west of Robin Lane changing the land use designation of the subject property from D -III, Mixed Residential (6-12 units/acre) to D -I, Single Family (0-3 units/acre); and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on April 23, 1996, at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on May 7, 1996, the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 0.6 acres changing the land use designation from D -III to D-1 subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 0.6 acres of land as shown on Exhibit "A" attached hereto from D -III Mixed Residential to D -I Single -Family (0-3 units/acre). THIS RESOLUTION passed this 4th day of June, 1996 by the City Council of the City of Eagan, Minnesota. ATTEST: E.J. VanOverbeke, City Clerk BY: 7 Thomas A. Egan, Mayor dt Z /o 0 Metropolitan Council Working for the Region, Planning for the Future May 20, 1996 Steve Dorgan, Associate Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Comprehensive Plan Amendment - Blackhawk Acres 4th Addition Metropolitan Council District 15 Referral File No. 16290-2 Dear Mr. Dorgan: The Metropolitan Council staff has reviewed the city's plan amendment received by the Council on May 17, 1996. The amendment proposes to change the land use designation of the guide plan for 0.6 acres of land known as Blackhaw•k Acres 4th Addition, located north of Silver Bell and west of Robin Lane. from mixed residential (D -Ill) to Single Family (D -I). We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide. the Council will waive further review and comment on this amendment. The amendment. explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. Please be advised that the submittal form used by the city is no longer current. the new form which the city should use on all future plan amendments. Sinucreiv Thomas C. McElveen, Deputy Director Housing, Development & Implementation C: Kevin Howe. Metropolitan Council District 15 Carl Schenk, Office of Local Assistance Jim Uttley, Office of Local Assistance Attached is a copy of 230 East Fifth Stmt St. Paul. Minnesota 55101.1634 1612) 291-6359 Fax 291.6550 TDD/TN 291-0904 Metro Info Lne 229-3780 An Equal Opporruntry Employer Agenda Information Memo June 4, 1996 E. APPROVE PEDESTRIAN CROSSWALK POLICY ACTION FOR COUNCIL CONSIDERATION: To approve the Pedestrian Crosswalk Policy FACTS: In 1993, the Public Works Department initiated a pedestrian crosswalk study which incorporated an inventory, survey of similar communities and application of the Manual and Uniform Traffic Control Devices (MUTCD) as it pertains to pedestrian crosswalks. • In 1994 and 1995, the study was expanded into a policy document establishing criteria to justify the installation of pedestrian crosswalks based on location and type of crosswalk protection along with a four-year pedestrian accident analysis, updated inventory of existing crosswalks, requested installation response procedure and cost estimates for various types of crosswalk protection. • On May 15, 1995, the City Council approved the draft Pedestrian Crosswalk Policy and forwarded it to the Advisory Parks, Recreation and Natural Resource Commission (APRNRC) for review and comment. • On June 19, June 22, and July 19, the APRNRC and/or its recreation sub -committee reviewed the document and provided recommendations for Council Consideration. • On May 14, 1996, the City Council, at a special workshop session, reviewed all past comments and recommended that the policy be place on the June 4 Council Meeting for final adoption. A formal Council policy statement has been prepared for Council consideration and is attached. Because of several previous distributions of the entire Pedestrian Crosswalk document, additional copies will be provided only in response to specific Council member requests. ATTACHMENTS: • Council policy, page L. 1.2- CITY COUNCIL POLICY PEDESTRIAN CROSSWALKS DATE OF ADOPTION: June 4, 1996 PURPOSE: The Pedestrian Crosswalk Policy for the City of Eagan will provide standard guidelines for: I) Identifying proper locations for marked pedestrian crosswalks; II) Installing the appropriate level of protection; and, III) A procedure for responding to citizens requests. Subsequently, the City Council has reviewed and approved the City of Eagan Pedestrian Crosswalk Policy Manual as revised on June 4, 1996. With the standards manual and its uniform application, the City will be able to prioritize the community's needs in relationship to pedestrian safety, annual operation and maintenance budgets and long range capital improvement programs. The Pedestrian Crosswalk Policy Manual will be maintained in the office of the Director of Public Works who is hereby granted authority to establish, install and maintain crosswalks in accordance with this policy subject to City budget and other jurisdictional limitations. Any deviations from this standards manual must be specifically approved by Council action. Agenda Information Memo June 4, 1996 F. PROJECT 709 - KENNEBEC DR, YANKEE DOODLE RD & TH 13BLACKHAWK RD ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 709 (Kennebec Drive, Yankee Doodle Road & TH 13Blackhawk Road - Street & Signal Improvements) and schedule a public hearing to be held on July 2, 1996. FACTS: On March 19, 1996, in response to a petition submitted by the Blue Cross/Blue Shield Corporation, the City Council authorized the preparation of a feasibility report for the installation of various public improvements necessary to serve the proposed expansion of the RiverPark Office Campus. This feasibility report has now been completed and is being presented to the Council for their consideration of scheduling a public hearing to formally present it to the public. ATTACHMENTS: Feasibility report, pages through* * Will be distributed with Additional Information Packet. l �{ Agenda Information Memo June 4, 1996 Eagan City Council Meeting G. CHANGE ORDER, FINAL PAYMENT AND ACCEPTANCE CIVIC ARENA. PROJECT (CONTINUED) ACTION TO BE CONSIDERED: To continue indefinitely the change order, final payment and acceptance of the Civic Arena Project. `J Agenda Information Memo June 4, 1996 Eagan City Council Meeting H. CHANGE ORDERS, MUNICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED: To approve change orders in the net amount of $128 for Peterson Electric for the Municipal Center Expansion project. FACTS: • The City and construction manager are in the process of completing paperwork for change order associated with this project. Contractors need to process these items in order be eligible for final payments. The construction manager indicates that the bulk of this documentation should be completed in the next two months. ATTACHMENTS: Staff memorandum on page. l� —city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 249 1996 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS MENTO The City is in receipt of two change orders for the municipal center remodeling in the net amount of $100.28. The changes are described below: 1. Petersen Electric - Change Order #3/pco #49 - Backcharges for dumpsters supplied by owner and patching of existing finishes to accomodate installation of electrical systems - ($2,334.00). 2. Petersen Electric - Change Order #4/pco #65 - Repair, replace and relocate outside lighting to correspond with new construction - $2,434.28. These changes have been reviewed in detail by the consultants and staff. If any Council member wishes additional information, please let me know. l% Agenda Information Memo June 4, 1996 Eagan City Council Meeting I. AGREEMENT, APPROVE DAKOTA COUNTY CITY OF EAGAN JOINT POWERS AGREEMENT FOR ENHANCED FINE REVENUE COLLECTION PROGRAM ACTION TO BE CONSIDERED: To approve the Dakota County/City of Eagan Joint Powers Agreement for Enhanced Fine Revenue Collection Program. FACTS: • This agreement is the product of a cooperative effort between the cities and Dakota County to improve the collection of revenue paid by offenders charged in the various jurisdictions. It has been discussed numerous times at City/County Manager meetings. • The four cities (Apple Valley, Burnsville, Eagan and Lakeville) involved in the 1995 "pilot" phase of the program increased their fine revenues by over $186,000 from 1994 to 1995. There has been a significant reduction in overdue fines and an increase in fine revenues. The program is based on direct and immediate contact with the defendants after fines are assess, coupled with the establishment and monitoring of an acceptable payment plan. • In October 1995, the pilot project also introduced revenue recapture, a collection method which enables the County to seize income tax refunds, property tax refunds, renter's credits, and lottery winnings as payment for delinquent fines. This collection method alone has generated more than $800 per day in additional fine revenues. • The agreement authorizes the County to: 1) fund and maintain an Enhanced Fine Revenue Collection Program on behalf of the County and City; and 2) retain a small portion of the City's enhanced fine revenues to assist in funding the program. • The potential benefits to the City are: 1) reduced in -court time; 2) increased fine revenues; 3) fewer warrants issued; 4) reduced costs in finding and arresting defendants; and 5) more timely and organized fine revenue collection. ATTACHMENTS: • Enclosed on pagesthrough 3 is the joint powers agreement for the Enhanced Fine Revenue Collection rogram. JOINT POWERS AGREEMENT FOR ENHANCED FINE REVPME COLLECTION PROGRAM The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. S 471.59. I. General =Purpose. The purpose of this Agreement is to enable the Dakota County Court Administrator to undertake an enhanced fine revenue collection program on behalf of Dakota County and one or more of the municipalities. The design and content of the enhanced fine revenue collection program shall be the sole responsibility of Dakota County. 2. Definition. 2.1 Fine revenue - The fines, penalties and fees collected and disposed of by the Dakota County Court Administrator pursuant to Minn. Stat. S 487.33. 2.2 Total enhanced fine revenue - The increase in fine revenue in 1996 and in any subsequent year as compared with the fine revenues of 1994. 2.3 Enhanced municipal tine revenue - The increase in fine revenue allocable to a party in 1996 and in any subsequent year as compared with 1994. 2.4 Municipal ratio - The ratio of the enhanced municipal fine revenue to two-thirds (2/3) of the total enhanced fine revenue for each year. 2.5 Cost - The actual annual salary and benefits of the screener -collector position(s). 19 3. Parties. The parties to this Agreement consist of Dakota County and any of the following municipal governmental units: Apple Valley Burnsville Eagan Farmington Hastings Inver Grove Heights Lakeville Lilydale Mendota Mendota Heights Rosemount South St. Paul Sunfish Lake West St. Paul who have signed this Agreement. ' 4. Powers and Duties of Dakota County. 4.1 On behalf of itself and the other parties, Dakota County, through its Court Administrator, shall undertake an enhanced fine revenue collection program by establishing and filling the full-time position(s) of screener -collector. The screener- collector(s) will undertake a program designed to increase the volume of fines collected by (a) reducing the present backlog of delinquent unpaid fines and by (b) reducing the rate at which current fines become delinquent. 4.2 Dakota County shall deduct from the fines allocable to any party in 1996 and in any subsequent year the amount -calculated pursuant to paragraph 5 infra. This deduction shall be made in January 1997 for fines allocable in 1996 and in subsequent Januarys for fines allocable in the prior year. 5. Duty of All Municipal Government Parties. Each municipal governmental unit that is a party to this Agreement agrees that it will contribute to the funding of the screener -collector position(s) 2�� by permitting Dakota County to deduct from the fines allocable to it in 1996 and in any subsequent year pursuant to Minn. Stat. S 487.33, subd. 5 an amount calculated as follows: Municipal ratio x 2/3 cost of screener -collector position for 1996 or any subsequent year. 6. Withdrawal. Any party except Dakota County may withdraw from participation, upon written notice to Dakota County on or before October 1 of any year, effective January 1 of the following year. 7. Notices. Any notice required pursuant to paragraph 6 above shall be sufficient only if it is in writing, and sent by prepaid, registered or certified mail (return receipt requested) to: Brandt Richardson Dakota County Administrator Dakota County Administration Center 1590 West Highway 55 Hastings, MN 55033 Telephone: 438-4418 S. Effective Date. This Agreement shall be in full force and effect with respect to any party when signed by Dakota County and such party, retroactive to the immediately previous January 1. Parties need not sign the same copy. 9. Term. This Agreement applies to applicable fine revenues collected by Dakota County during calendar years 1996 and 1997. It will apply to fine revenues collected in subsequent years if it is renewed pursuant to paragraph 10 below. 10. Renewal Periods. This Agreement will automatically renew for additional terms of one (1) year except with respect to any municipal governmental unit that timely withdraws pursuant to paragraph 6. 3a IN 'WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: Assistan Co y Atto ne /Date Approved as to execution: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. fZ-,20 Dakota County Attorneys Office Dakota County Judicial Center 1560 West Highway 55 Hastings, MN 55033-2392 Telephone: (612) 438-4438 COUNTY OF DAKOTA Michael E. Turner Chair, Board of Commissioners Date of Signature Attest Mary S. Schelde Clerk to the Board Date of Signature 4 �� K/K95-371 City of Eagan By Date of Signature Attest City Clerk Date of Signature 53 Agenda Information Memo June 4, 1996 Eagan City Council Meeting . RESOLUTIONS TO APPROVE FISH LAKE MPCA LOAN AGREEMENT AND GENERAL OBLIGATION NOTE ACTION TO BE CONSIDERED: To approve and execute a Minnesota Clean Water Partnership Project Implementation Loan Agreement and attached resolutions for the Fish Lake Phase II Implementation Project. FACTS: • In 1995, the City of Eagan applied for financial assistance through the Minnesota Pollution Control Agency's (MnPCA) Cleanwater Partnership Program to help fund a project to improve water quality in Fish Lake. • The City was awarded a $152,857 zero -interest loan to finance design and construction of a system to remove phosphorus from inflows to Fish Lake using a chemical precipitant and to carry out a batch treatment of Fish Lake with alum to reduce internal phosphorus loading. • MnPCA has indicated that the City must execute the loan agreement by July 1, 1996 or the loan offer will be rescinded. • Disbursement of the loan proceeds will be made as costs are incurred for the above mentioned project elements. ATTACHMENTS: Two resolutions necessary to execute the loan agreement are attached on pagOs throug h,Qjc-:.7, RESOLUTION OF THE CITY OF EAGAN APPROVING LOAN AGREEMENT BE IT RESOLVED by the City of Eagan that, as Loan Sponsor and Project Sponsor, the Council enter into the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement along with the Minnesota Pollution Control Agency to conduct the Fish lake Phase II Implementation Project. BE IT FURTHER RESOLVED by the Council that the Mayor and City Clerk be authorized to execute the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement for the above -referenced project on behalf of the Council. BE IT FURTHER RESOLVED by the Council that the Water Resources Coordinator of the City be authorized to execute loan disbursement requests for the above -referenced project to the Minnesota Pollution Control Agency on behalf of the Council. WHEREUPON the above resolution was adopted at a regular meeting this day of June, 1996. State of Minnesota City of Eagan Dakota County I, Eugene Van Overbeke, do hereby certify that I am the custodian of the minutes of all proceedings had an held by the Eagan City Council, that I have compared the above resolution with the original passed and adopted by the Council at a regular meeting thereof held on the day of June, 1996 at o'clock P.M., that the above constitutes a true and correct copy thereof, that the same has not been amended or rescinded and is in full force and effect. IN WITNESS WHEREOF, I have hereto placed my hand in signature and the official seal of the City this day of June, 1996. City Clerk City of Eagan, Minnesota a� (Seal) Extract of Minutes of Meeting of the City Council of the City of Eagan, Dakota County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota (the "City"), was held at the City Hall in said City on , 1996, commencing at 6:30 p.m., for the purpose, in part, of authorizing and awarding the sale of a $152,857 General Obligation Storm Sewer Note, Series 1996 of the City. The following members of the City Council were present: and the following were absent: The following resolution was presented by Member who moved its adoption: A RESOLUTION AUTHORIZING AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR $152,857 GENERAL OBLIGATION STORM SEWER NOTE, SERIES 1996 BE IT RESOLVED BY THE CITY COUNCIL (THE "COUNCIL") OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA (Tim "ISSUER") AS FOLLOWS: Section 1. Recitals. 1.01. The Minnesota Pollution Control Agency (the "MPCA") is authorized pursuant to Minnesota Statutes, Sections 103F.701 through 103F.761, as amended, to provide loans to statutory cities of the state to fund costs associated with activities identified by the MPCA as practices, techniques, and measures, that prevent or reduce water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. �Z 1.02. The Issuer is authorized by Minnesota Statutes Sections 412.221, subd. 22 and 444.075, subd. 1(a) to (A) provide for the cleaning of, and removal of obstructions from, any waters in the city and to prevent their obstruction and pollution and (B) establish sewers and sewer systems and other facilities for disposing of sewage, industrial waste or other wastes. 1.03. The Issuer is authorized by Minnesota Statutes, Section 103F.725 and Chapter 475, to issue its obligations for the purpose of obtaining a loan from the MPCA. 1.04. Pursuant to Minnesota Statutes, Section 103F.725 and Chapter 475, the Note is not subject to any provisions of law prescribing debt limits or requiring an election or referendum. 1.05. The Issuer has applied for a loan from the MPCA, and the MPCA has offered to make a loan to the Issuer in the principal amount of $152,857 to be disbursed and repaid in accordance with the terms of a Project Loan Agreement (the "Project Loan Agreement") to be executed by the Issuer and the MPCA, in substantially the form now on file with the Clerk - Treasurer of the City of Eagan (the "Clerk -Treasurer"). The Project Loan Agreement, as executed, is incorporated herein by reference. 1.06. In accordance with Minnesota Statutes, Section 475.60, subd. 2(4), the Issuer is authorized to issue and sell its obligations to a board, department or agency of the State of Minnesota by negotiation and without advertisement for bids. The MPCA has represented to the Issuer that it is a board, department or agency of the State of Minnesota. Section 2. Sale; Terms of Note. 2.01. The offer of the MPCA to purchase a General Obligation Storm Sewer Note, Series 1996 of the Issuer (the "Note") in accordance with the terms set forth in this resolution at a price of par, is accepted and the sale of the Note is awarded to the MPCA. 2.02. The Mayor and Clerk -Treasurer are hereby authorized to execute, with such changes as such officers shall approve, the Project Loan Agreement. 2.03. The Note shall be issued in the principal amount of $152,857, originally and nominally dated as of the date of delivery as a fully registered Note without coupons. The Note shall be in the denomination of the entire principal amount thereof, shall be numbered R-1 and shall bear interest and shall mature in installment amounts as specified in Section 3.01 hereof. 2.04. The Note shall be subject to redemption and prior payment as provided in the Project Loan Agreement. a I 2.05. Interest, if any, and principal in the installment amounts set out in the Note shall be payable by wire transfer or by check or draft of the Issuer or its designated Registrar mailed no later than the last business day prior to the payment date to the registered holder thereof at the holder's address as it appears on the bond register at the close of business on the 15th day (whether or not a business day) of the calendar month next preceding the payment date. Section 3. Form and Execution of the Note. 3.01. The Note shall be in substantially the following form: [ INSERT NOTE FORM ] 3.02. (a) As long as the Note issued hereunder remains outstanding, the Issuer shall cause to be kept at the principal office of the Registrar (appointed herein) the register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of the Note and the registration of transfers of the Note. The Clerk -Treasurer is hereby appointed Registrar, Transfer Agent, Authenticating Agent, and Paying Agent with respect to the Note. (b) Upon surrender for transfer of the Note with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the Issuer shall execute and the Registrar shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee, a fully registered Note of the authorized denomination and of a like aggregate principal amount, interest rate and maturity. In all cases in which the privilege of transferring a fully registered Note is exercised, the Issuer shall execute and the Registrar shall deliver the Note in accordance with the provisions of this Resolution. For every such exchange or transfer of the Note, whether temporary or definitive, the Issuer or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Note upon each exchange or transfer, and any other expenses of the Issuer or the Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the Issuer. The Issuer shall not be obligated to make any such exchange or transfer of the Note during the 15 days next preceding the date of the first publication of notice of redemption in the case of a proposed redemption of the Note. The Issuer and the Registrar shall not be required to make any transfer or exchange of any portion of the Note called for redemption. 3.03. Any principal on the Note which is payable, but is not punctually paid or payment thereof duly provided for on any principal payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted principal payment may be paid by the Issuer to the person in whose name such Note is registered at the close of business on a special record date established by the Registrar for payment. Subject to the foregoing provisions of this paragraph, each Note delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Note shall carry all the rights which were carried by such other Note. 3.04. As to the Note, the Issuer and the Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the Issuer nor the Registrar nor their respective successor shall be affected by any notice to the contrary. Payment of or on account of the principal of the Note shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payment shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. 3.05. (a) If (i) a mutilated Note is surrendered to the Registrar, or the Issuer and the Registrar receive evidence to their satisfaction of the destruction, loss or theft of the Note, and (ii) there is delivered to the Issuer and the Registrar such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Registrar that the Note has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Registrar shall authenticate (if facsimile signatures are used) and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note, a new note of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Note has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new note, pay the Note. (b) Upon the issuance of a new Note under this subsection, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new Note issued pursuant to this subsection in lieu of any destroyed, lost or stolen note shall constitute an original additional contractual obligation of the Issuer, whether or not the destroyed, lost or stolen Note shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Resolution. (c) The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Notes. Section 4. Execution and Delivery. 4.01. The Note shall be executed by the respective facsimile or manual signatures of the Mayor and the Clerk -Treasurer as set forth in the form of Note. The seal of the Issuer will be omitted from the Note as permitted by law. The approving legal opinion of Faegre & Benson LLP, Minneapolis, Minnesota, as bond counsel, shall be printed on the Note if requested by the MPCA. When the Note has been duly executed and, if facsimile signatures are used, authenticated in accordance with this Resolution, it shall be delivered to the MPCA on such date as the MPCA and Issuer agree after the MPCA has agreed to disburse the principal amount of the Note in accordance with the Project Loan Agreement. The MPCA shall not be required to monitor the application of the disbursed funds. If facsimile signatures are used, the Note shall not be valid for any purpose until authenticated by the Registrar. 4.02. Unless litigation shall have been commenced and be pending questioning the Note, revenues pledged or taxes levied and pledged for payments of the Note or the organization of the Issuer or incumbency of its officers, the Mayor and the Clerk -Treasurer shall execute and deliver to the MPCA at the closing a suitable certificate as to absence of material litigation, a certificate as to payment for and delivery of the Note, a certificate as to general matters, the signed approving legal opinion of Faegre & Benson LLP as to the validity and enforceability of the Note. Section 5. Note Fund and Accounts Aiporopriations, PIedee. 5.01. There is hereby created a special fund of the Issuer designated "General Obligation Storm Sewer Note, Series 1996 Fund" (the "Note Fund") held and administered by the Clerk -Treasurer separate and apart from all other funds of the Issuer. The Note Fund shall be maintained in the manner specified until the Note and refunding bonds issued to refund the Note, and any other general obligation bonds hereafter issued and made payable from the Note Fund have been fully paid. In the Note Fund there shall be maintained two separate accounts, to be designated the "Capital Account" and the "Debt Service Account," respectively. (a) Capital Account. The proceeds from the sale of the Note shall be credited to the Capital Account, from which there shall be paid all costs and expenses of the Project Work Plan (as defined in the Project Loan Agreement), including the cost of any contracts heretofore let and all other costs incurred and to be incurred, of the kind authorized in Minnesota Statutes, Sections 475.65 and 444.075, provided that all disbursements shall be in accordance with the Project Loan Agreement. (b) Debt Service Account. There is hereby pledged to the payment of the Note, and there shall be credited to the Debt Service Account, (i) to the extent necessary to pay principal of and interest on the Note when due, any net revenues of the Issuer's storm sewer system which have not been pledged to the payment of any outstanding or future obligations of the Issuer, (ii) collections of general ad valorem taxes levied pursuant to Section 5.03 herein for payment of the Note, and (iii) all funds remaining in the Capital Account after completion of the Project Work Plan and payment of the costs of the Project Work Plan. Interest on amounts in the Capital Account and the Debt Service Account shall be credited to the Debt Service Account. The Debt Service Account herein created shall be used solely to pay principal of and interest and premium, if any, on the Note and any other general obligation bonds hereafter issued and made payable from said Debt Service Account as provided by law. 5.02. The Issuer covenants and agrees with the holder of the Note that so long as the Note remains outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The Issuer will maintain the Debt Service Account as a separate account and will cause money to be credited thereto from time to time, out of net revenues of the City's storm sewer system and ad valorem taxes in sums sufficient to pay the principal of the Note when due. (b) The Issuer will keep and maintain proper and adequate books of records and accounts separate from all other records of the Issuer in which will be complete and correct entries as to all transactions relating to the Project Work Plan and which shall be open to inspection and copying by any holder of the Note, or the holder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to MPCA upon request. (c) The City Council will levy general ad valorem taxes on all taxable property of the Issuer in an amount sufficient to pay the principal of and interest and premium, if any, on the Note. 5.03. For the purpose of paying the principal of the Note, there is hereby levied a direct annual ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax shall be credited to the Debt Service Account and she be at least $8025 per year in the years 1997 and 2007 and at least $16,050 per year in the years 1998 through and including 2006 (year stated being year of levy for collection the following year). 31 CONSENT AGENDA Eagan City Council Meeting June 4, 1996 FOR COUNCIL ACTION To approve a contract with ACC Architects for schematic design and cost estimates for a second ice sheet. FACTS • Mighty Ducks Legislation has made available up to $250,000 in grant funds for construction of ice arenas. • Eagan Hockey Association has made a commitment of $100,000 towards a second ice sheet; plus in-kind labor. Revenue from a 2nd ice sheet is projected to cover $1.4 million in revenue bonds. • Construction estimates for a second sheet of ice is unknown but could between $1.7 - $2 million. Contract with ACC is for $15,000; the Eagan Hockey Association has approved one half of this amount ($7,500) which has been deposited with the City. + The time line for submission of the Mighty Ducks Grant is late September with notification of award in October, 1996. None ADDITIONAL ACTION Council will need to adopt a formal resolution for submission of a Might Ducks Grant. This will require an approved schematic drawing and cost estimate. NOTE: This item is placed on the Consent Agenda bur may need to be withdrawn pending Council discussion at the June 4 workshop. 33 5.04. The tax levy herein provided is irrepealable until all payments under the Note have been made, provided that the Clerk -Treasurer may annually, at the time the Issuer makes its tax levies, certify to the County Auditor the amount available in the Debt Service Account to pay principal and interest due on the Note during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 5.05. It is hereby determined that the levy provided in Section 5.03, if collected in full, will produce at least five percent in excess of the amount needed to meet when due the scheduled principal and interest payments on the Note. The taxes so levied are hereby irrevocably appropriated to the Debt Service Account of the Note Fund. Section 6. Miscellaneous. 6.01. The Clerk -Treasurer is hereby authorized and directed to certify a copy of this Resolution and to cause the same to be filed in the office of the Dakota County Auditor, together with such other information as such auditor may require, and to obtain from the County Auditor a certificate that the Note has been entered upon the bond register. 6.02. The officers of the Issuer are authorized and directed to prepare and furnish to the WCA and to the attorneys approving the Note, certified copies of all proceedings and records of the Issuer relating to the power and authority of the Issuer to issue the Note or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the Issuer as to the facts stated therein. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. M1:0141625.01 5a' CONSENT AGENDA Eagan City Council Meeting June 4, 1996 FOR COUNCIL AMON Ratify direction provided by the Council at the workshop session: 1. Direct the City Attorney and Staff to acquire the Richard Holz property and 2. Direct Staff to prepare a subdivision in order to re -sell a portion of the property or 3. Direct staff to advertise the rental of the Richard Holz home, deferring action on its disposition until a later date. FACTS The Richard Holz property has been offered for sale at a negotiated price of $130,000. • A home of the same era, located on Dodd Rd.( adjacent to the electrical sub- station) on 3/4 acre recently sold for $125,000. The Holz Farm Task Force ( Friends of the Farm Foundation ) and the APRNRC have recommended acquisition of the property for the following reasons. a) Access to Cliff Road would provide greater public visibility to Holz Farm by allowing for signage, etc b) Allow for public road access rather then direct people through residential neighborhoods c) Allow for greater land use options including parking, relocation of garden areas, demonstration space for events, etc. + Proceeds from the rental of the home would net $7,200 at a rental rate of $900 per Mo. (1/3 goes to the County) Sub dividing the property for resale could be accomplished leaving a residual parcel for the home and relocated garage of approximately .60 acres. CONCERNS The Holz's are intending to move at the end of the month and will place the home on the market if the City does not pursue it's acquisition. Acquisition of the property at this time preserves all options for the City, including resale of the entire parcel if that is the ultimate decision. 3 �Z Agenda Information Memo June 4, 1996 Eagan City Council Meeting M. AUTHORIZE, CIVIL DEFENSE SIREN MODIFICATIONS ACTION TO BE CONSIDERED: To authorize the purchase of additional warning sirens with improved technology for the City of Eagan's outdoor warning siren system. FACTS: This item will be discussed during the special City Council meeting preceding the regular City Council meeting of June 4, 1996. The Police Chief and City Administrator are recommending that the City Council consider some changes to the existing warning siren system which will enhance coverage and improve technology, as explained in the memo from the Chief of Police which was attached to the special City Council packet. If the Council's determination is to authorize the additional warning sirens, this item should be approved per the actual recommendation of the City Council. J� Agenda Information Memo June 4, 1996 Eagan City Council Meeting N, DENIAL, MASSAGE THERAPY LICENSE FOR MICHAEL PERSHING TO PRACTICE AT WASTL CHIROPRACTIC, 1340 DUCKWOOD DRIVE ACTION TO BE CONSIDERED: To deny an application for a massage therapy license for Michael Persing at Wastl Chiropractic as presented. FACTS: The application has been reviewed by staff in the Police Department. The Police Chief is recommending denial of the application as outlined in the Police report. This item was previously continued at the May 20 City Council meeting, at the request of the applicant to permit him to provide additional information relative to his application. At the time of Council packet preparation no additional information has been received. ATTACHMENTS: • Application without page number. • Police report without page number. 3 (� Agenda Information Memo June 4, 1996 Eagan City Council Meeting 0. LICENSE MASSAGE THERAPY ESTABLISHMENT BODYWELLNESS. SUSAN STEARNS ACTION TO BE CONSIDERED: To approve a massage therapy establishment license for Susan Stearns doing business as Bodywellness Massage Center at 2121 Cliff Drive. FACTS: While staff completes the comprehensive overview for Council consideration of permits and licenses which may be reviewed on an administrative basis, current applications will be presented for Council consideration. ATTACHMENTS: • Application enclosed without page number- 1-2 umber. J 7 Agenda Information Memo June 4, 1996 Eagan City Council Meeting P. LICENSE MASSAGE THERAPIST LICENSE ALIX BLICK ACTION TO BE CONSIDERED: To approve a massage therapist license for Alix Blick to practice at the Bodywellness Massage Center, 2121 Cliff Drive. FACTS: Consideration of this item depends on the approval of the establishment license which is also on this agenda. ATTACHMENTS: • Application enclosed without page number. E� Agenda Information Memo June 4, 1996 Eagan City Council Meeting 0. PERMIT FOURTH OF JULY PARADE LIONS CLUB ACTION TO BE CONSIDERED: To approve a parade permit for the Eagan Lions Club for the Fourth of July celebration. FACTS: The Lions Club is once again coordinating the Fourth of July celebration and parade. The parade will again occur on Rahn Road. It will be different from previous years in that it will begin at Rahn Park and proceed to the Cedarvale area which will accommodate the other celebration activity. ATTACHMENTS: • Application enclosed without page number. J Agenda Information Memo June 4, 1996 Eagan City Council Meeting R. TEMPORARY LICENSE. BEER, FOURTH OF JULY, LIONS CLUB ACTION TO BE CONSIDERED: To approve a temporary beer license for the Eagan Lions Club for July 3 and 4, in association with the Fourth of July celebration. FACTS: • The Lions Club has previously held licenses for this event in previous years. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo June 4, 1996 Eagan City Council Meeting S. FINDINGS OF FACT ON DENIAL OF A PRELIMINARY SUBDIVISION C-GNDITIONAL VSE PERMITS AND VARIANCE FOR HO VET L INC. ACTION TO BE CONSIDERED: ■ To approve a resolution denying a request by Hoovestol, Inc. for a Preliminary Subdivision, Conditional Use Permits and Variance to allow a truck facility, secondary sales and service and fuel dispensing on property located on the west side of T.H. 149, north of Yankee Doodle Road in the west half of Section 12. FACTS: ► The City Council reviewed Hoovestol Inc.'s request for a preliminary subdivision, three conditional use permits and a variance at its regular meeting on May 20, 1996. ► The City Council recommended denial of the requested preliminary subdivision, conditional use permits and variance due to concerns about truck traffic in this area along T.H. 149, incompatibility of the proposed use with surrounding residential development, and the site being too small to accommodate the proposed use. The City Council directed staff to prepare findings. ATTACHMENTS: ► Findings of Fact, Conclusions, and Resolution, pages 14;L through BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Petition of Hoovestal for a Preliminary Subdivision; Conditional Use Permit to allow a trucking facility; Conditional use Permit to allow fuel dispensing; Conditional Use Permit for secondary sales and service of trucks and trailers; and a Variance to the 100 -foot setback from the Residential District, all located on the west side of Trunk Highway 149 on the West Half of Section 12. FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION On April 23, 1996, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a Public Hearing to consider the application of Hoovestal, Inc. for a Preliminary Subdivision (Hoovestal Addition) consisting of Lot 1, Block 1 on 4.2 acres and Conditional Use Permits (1) to allow a truck facility; (2) to allow secondary sales and service of trucks and trailers; and (3) to allow fuel dispensing. The applicant also requested a Variance to the 100 -foot setback from a residential district. The applicant's representative appeared at the April 23, 1996, Public Hearing and spoke in favor of the request. During the Public Hearing, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information. Following the Public Hearing, the Advisory Planning Commission recommended denial of all of the applications and recommended denial of the variance. �a The matter then came before the Eagan City Council at its May 20, 1996, meeting. The Council received, considered and discussed the April 23, 1996 Advisory Planning Commission recommendation, input from staff, residents and the planning reports, together with all existing files, records, prior proceedings and the applicant's input. Based upon all the files, records, prior proceedings and input which was presented at the meetings. The Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. This matter is properly brought before the Eagan City Council. 2 The plat takes its sole access to Trunk Highway 149. 3 Trunk Highway 149 has had increasing amounts of traffic such that at high volume times (rush hours) left turns onto Highway 149 are nearly impossible and right turns can be made only with extreme caution. 4 Truck traffic has increased in the last five years. There are numerous facilities within close proximity of the proposed subdivision, which generate significant truck traffic. 5 Trunk Highway 149 is one traffic lane in each direction. 6. At the access point of the proposed Preliminary Subdivision to Trunk Highway 149 there is not enough room for truck traffic to enter Trunk Highway 149 without infringing on the other lane of traffic. 7. The proposed operations would generate offensive diesel smells and omissions to the neighboring residential areas. 4 3 8. The addition of the trucking facility will have a marginal impact on the property values in the adjacent residential areas. 9. Noise from the facility will migrate to the adjacent residential areas and have a negative impact on them. 10. It is appropriate to have the separation as required by Code from the trucking facility to the residential areas. 11. Trunk Highway 149 needs to be improved to allow safe truck access to and from this site from Trunk Highway 149. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The applicant has the burden of persuasion to establish that it has met the City's requirements for platting, conditional use permits and variances. 3. There are legitimate traffic concerns concerning the access and safety of the site, which make the Preliminary Subdivision and Conditional Use Permits inappropriate. 4. Because of migration of noise, diesel fumes and odor, the separation between the adjacent residential area and the trucking facility should be as far as permitted by Code. There is no hardship shown to justify the requested variance. 5. The proposed Preliminary Subdivision, Conditional Use Permits and Variance are not compatible with the surrounding area. 6. Approval of the applications will not enhance the City's goals under its Comprehensive Guide Plan. qV 7. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that approval of the Preliminary subdivision, the three Conditional Use Permits and the Variance, is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for Preliminary Subdivision approval; Conditional Use Permits (l) to allow a truck facility; (2) to allow secondary sales and serve of trucks and trailers; and (3) to allow fuel dispensing and a Variance to the 100 -foot setback from a residential district are hereby denied. Dated at Eagan, Minnesota this 20th day of May, 1996. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk Agenda Information Memo June 4, 1996 _ U : ij 1) ", 63 [elm q:►1 /1► u 1:'.11 ACTION TO BE CONSIDERED: 01 To approve or deny an extension of the 60 day time limit for recording a Waiver of Subdivision to April 2, 1997. FACTS: ► On April 2, 1996, the City Council approved a Waiver of Subdivision for property north of Deerwood Drive and I -35E, south of Blackhawk Park (PID #10-02100-013-28). One of the conditions attached to the Waiver was that it be recorded within 60 days of City Council approval. The applicant is now requesting an extension to of the time limit for recording the Waiver from 60 days to one year because of undetermined Green Acres status of the 5.29 acre parcel created by the Waiver. BACKGROUND/ATTACHMENTS (1): Kevin Murphy letter, pag��12 y (0 Kevin A. Murphy 1655 Murphy Pkwy. Eagan, MN. 55122 May 28, 1996 Eagan City Council Eagan City Hall 3830 Pilot Knob Rd. Eagan, MN. 55122 Dear Mayor Egan & City Council Members, On April 2, 1996 you approved my application for waiver of plat to split for indivival ownership. This approval was subject to two conditions. #1. This waiver of Subdivision for Parcel 10-02100-013-28 shall be recorded with the Dakota County Recorders Office within 60 days of City Council approval. #2. The applicant shall provide a joint driveway easement agreement to be reviewed and approved by the City Attorney, and recorded with the Dakota County Recorder's Office with the Waiver of Subdivision. At this time the driveway easement agreement has been approved by the City Attorney and has been submitted along with the Waiver of subdivision to the Dakota County Recorder's Office. Before recording the above items, I am waiting to hear from the County Assessor reguard- ing his evaluation and approval of my application for Green Acres. At this time I would like to request approval of The Council to extend the condition of 60 days to a period of one year. This will give the County Assessor the time needed if he is required to make his evaluation on my greenhouse activities for the 1996 Tax Year. Your prompt consideration of approving my request for an extention would be very much appreciated. Sincerely, Kevin A. Murphy � �?ECr"'V O MAY 2 3, 196 Agenda Information Memo June 4, 1996 Eagan City Council Meeting A. HIGHWAY 55-149 REDEVELOPMENT AREA, MODIFICATION OF DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 2 AND TIF PLAN FOR TAX INCRE-NTENT FINANCING DISTRICT NO, 3 ACTION TO BE CONSIDERED: To approve or deny a resolution modifying the development program for Existing Tax Increment Development District No, 2 and the TIF plan for Tax Increment Financing District No. 3 to facilitate the redevelopment of the Highway 55-149 area ATTACHMENTS: • Facts and issues are outlined in the staff memorandum on pages through • Notes from neighborhood meeting on pages S�--through , i • Resolution on pages � through -57. • Tax increment financing on pages plan -5? throwg h t NOTE: This section is very technical and detailed. The City Council may wish to only briefly skim it. TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 30, 1996 SUBJECT: HIGHWAY 55/149 REDEVELOPMENT DISTRICT EAGAN TAX INCREMENT DISTRICT NO. 3 At the recommendation of the Economic Development Commission the City Council authorized preparation of a draft Amendment of the Development Program for existing Development District No. 2 and Tax Increment Financing Plan for Tax Increment Financing District No. 3. The purpose of the District would be to provide financing to do public improvements, correct substandard conditions, remove substandard structures and assemble land for private redevelopment in the Highway 55/149 area. The process was appropriately noticed to the County, School District and public and a neighborhood meeting was held to review proposed District and Plan. Details regarding the location of the District and the parcels it contains are included within the Program and Plan documents which accompany this memo. Eligibility of the District Staff has reviewed the criteria for redevelopment districts under the statute and find the area to meet the tests necessary to qualify for tax increment financing. Seventy percent of the parcels in the district are improved with buildings and/or parking lots and fifty-two percent of the buildings which would require substantial renovation to conform with current codes or are beyond repair and should be removed. The minimum criteria are seventy percent and fifty percent respectively. In all other respects, the proposed District conforms with the statutory requirements. The Advisory Planning Commission reviewed the plan at its meeting of May 28 and finds that it conforms with the Comprehensive Guide Plan and Zoning for the area and the community as a whole. But -For Test In order for the City Council to create a tax increment district, it must make a finding that "but for" the tax increment assistance, development in an area cannot reasonably be expected to occur through private investment. In the case of a redevelopment district, this test is applied to the overall area and not to a particular parcel. The Highway 55/149 area was partially developed over the years as a series of smaller parcels, some of which 49 are improved and some of which are experiencing decay. The Council has previously noted that the area has been slow to develop and redevelop due to these circumstances. The specific finding necessary by the Council to create Tax Increment Financing District No. 3 is that "it is the reasoned opinion of the City, that the development proposed in the TIF Plan for TIF District No. 3 could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increment for the maximum duration of the district permitted in the plan." Budget In consultation with the City's legal counsel for the project, Kennedy and Graven, and the City's fiscal consultant, Springsted, staff has prepared a draft budget for the District. Anticipated development and redevelopment will result in increment revenue of approximately $6 million over twenty-five years with a present value of approximately $3 million. A proposed capital budget based on the present value is as follows: Property Acquisition - Including commercial and residential properties and relocation expenses - $1,650,000 Public Improvements - Including a frontage road and other public improvements as necessary to improve traffic patterns and facilitate the highest use of property - $965,000 Site Improvements - Including capping wells, removing septic systems, demolition and site preparation - $285,000 Contingency - $100,000 The present value is based on the assumption that all improvements are undertaken at the beginning of the project and that the costs are financed over the Irfe of the district. The budget may change as a result of phasing of the improvements. Since it is not anticipated that certain activities will take place until the property is developed, this estimate is the most conservative. 11X7;1MMT11 =__ Staff and the consultants have analyzed scenarios under which the fiscal disparities contribution comes from inside and outside the District. While taking the contribution from the overall tax base increases the increment revenue available to the Development District, it has the effect of increasing the tax rate on the remainder of the community. Past City policy has been that the District should be responsible for its own fiscal disparities contribution and the purposes of the District can be accomplished without the increased 6--o revenue. As a consequence, staff is recommending that the fiscal disparities contribution come from within the district. City Contribution or HACA Penaltyr To encourage responsible use of the tax increment tool and to insure that City's had more of a direct financial responsibility for the TIF Districts they formed, Districts formed since 1990, are subject to either a City contribution of at least five percent of the capital costs or a HACA/LGA reduction of seven and a half percent of the capital costs of the project. Cities may elect which is to be applied to each district formed. While the contribution begins as soon as increment is realized, the HACA penalty for redevelopment districts is deferred phased in. As such, if a community were certain that development in a district would occur rapidly to the extent that all project costs could be covered before the penalty became substantial, it could elect to take the penalty and decertify the district before the reductions in aid offset the potential contribution. If not, the cost of the penalty over the twenty-five year life of the district far outweighs the costs of the contribution. That being the case, staff is recommending the more conservative approach of electing the contribution. SlAmma The policy questions before the City Council are: 1) Should Tax Increment Financing District No. 3 for the redevelopment of the Highway 55/149 area be approved with budget proposed, 2) should the fiscal disparities contribution come from within the district and 3) should the City make a five percent contribution to the project rather than accept a HACA penalty? AsVant to the City Administrator MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 28, 1996 SUBJECT: HIGHWAY 55/149 TIF NEIGHBORHOOD MEETING Staff hosted a neighborhood meeting concerning proposed Tax Increment Financing District No. 3 on May 16, 1996, a list of those who attended is attached. A number of questions were raised with respect to the residents expectations following the Business Park rezoning and comprehensive guide designation for the area. In particular, some of the residents indicated their belief that as a result of the rezoning, the residential properties would be less likely to be redeveloped. Specifically, they indicated an understanding that the City would not be involved directly in any redevelopment activity of the kind which could be funded through tax increment proceeds. I would expect the residents to want these perceptions to be addressed as a part of the Council deliberations on this item. In addition, the following questions were raised at the meeting: 1. What is the status of the Business Park comprehensive guide designation? - The Metropolitan Council accepted the City's amendment and the Council approved the guide change at the May 20 meeting. 2. Have there been costs assessed to the vacant motel properties for repeated police calls to the area? - No. While the City has a policy for charging for false alarms, it has no such policy for calls for service. 3. Can the City require or perform general clean up activities of weed trees and garbage without a tax increment district? - Clean up is the responsibility of the property owner. For the City to be involved, there must be a reported code violation. Property owners will first be given an opportunity to correct the situation through warnings and citations. If they fail to correct it, the City can perform the work and certify the cost to the property tax of the parcel. s�- - 4. When will the John Allen property begin construction? - Mr. Allen is completing his final plat and has indicated an intention to begin construction of his project yet this summer. No building plans have been received by the City to date. All property owners within the boundaries of the district are being notified of the Council's consideration of this item at Tuesday's meeting. As ant to the City Administrator 53 NEIGHBORHOOD INFORMATION MEETING NORTHEAST RAGAN REDEVELOPMENT AREA TAX INCREMENT DISTRICT i3 NAAiE/BUSINESS ADDRESS 1 Mee le -� be, pp ov,v\ CA.- gp H07 ' S`F PHONE �s y- 4,,3 ?* f`- = Y' 71�1 L4 s"L4— 1-2-11 CITY OF EAGAN RESOLUTION NO. RESOLUTION APPROVING MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 2 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 BE IT RESOLVED by the City Council ("Council") of the City of Eagan, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City has previously established its Development District No. 2 pursuant to Minn. Stat., Section 469.124 through 469.134 ("Development District Act") and within that area has established Tax Increment Financing District ("TIF Districts") No. 1 pursuant to Minn. Stat . , Section 469.174 through 469.179 ( "TIF Act") . 1.02. The City has determined a need to modify the Development Program for the Development District, and to create TIF District No. 3, and to that end has caused to be prepared a document titled "Modified Development Program, Development District No. 2 and Tax Increment Financing Plan, Tax Increment Financing District No. 3, City of Eagan, Minnesota," dated June 4, 1996. 1.03. The Development Program and Tax Increment Financing Plan ("TIF Plan") were, in accordance with the Development District Act and TIF Act, referred to the Eagan Planning Commission, which found that they conform to the general plan for the development of the City as a whole. 1.04. Estimates of the fiscal and economic implications of the TIF Plan were provided to Independent School District No. 197 and Dakota County at least 30 days before the Council's public hearing on the TIF Plan, and the County Commissioner who represents the site was notified in writing at least 30 days before the date of publication of the hearing notice. 1.05. This Council has fully reviewed the contents of the Development Program and TIF Plan and on June 4, 1996 conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Development District. 2.01. It is hereby found and determined that there is a need to modify the Development Program for the Development District, in order to improve the tax base and employment opportunities, and to provide an impetus for industrial and commercial development. 2.02. It is further specifically found and determined that: a) the land within the Development District would not be made available for development without the public intervention and financial assistance described in the Development Program and TIF Plan; W2104320 =11110-17 1 b) the modified Development Program will afford maximum o consistent with the sound needs of the City as a whole o for �the development of the Development District by private enterprise; and c) the Development District and modified Development Program conform to the general plan for development of the City as set forth in the comprehensive municipal plan. Section 3. Findings; TIF District No. 3. 3.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Development District and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance to the TIF and Development Districts. 3.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the TIF Plan for TIF District No. 3 could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. 3.03. The proposed public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF and Development Districts in terms of development intensity, employment opportunities and tax base. 3.04. The Plan for TIF District No. 3 conforms to the general plan of development of the City as a whole. 3.05. The Plan for TIF District No. 3 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF and Development Districts by private enterprise. 3.06. TIF District No. 3 is a redevelopment district under Section 469.174, subd. 10 of the TIF Act, based on the findings described in the TIF Plan, which are incorporated herein by reference, and other records on file with the City. 3.07. Reasons and facts supporting the findings herein are set forth in the TIF Plan. The City has also relied upon the reports and recommendations of its staff as well as the personal knowledge of members of the City Council in reaching its conclusions regarding TIF District No. 3. [3.08. The City elects to make a qualifying local contribution under Minnesota Statutes, Section 273.1399, subd. 6(d), and therefore anticipates that the TIF District will be exempt from state aid loss. ] [3.09. The City elects the method of computation of tax increment under Section 469.177, Subd. 1(b) of the TIF Act. ] MUIO-17 2 ,S =11110-17 Filing Section 4. Development Pro am and TIF Plan Adopted, • Certification 4.01. The modified Development Program and the TIF Plan are hereby approved and adopted. 4.02. The geographic boundaries of the Development District and of the TIF District are described in the Development Program and TIF Plan therefor, respectively, and are incorporated herein by reference. 4.03. The City Administrator is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the Development Program and the TIP Plan to the Auditor of Dakota County with a request that the original tax capacity of the property within TIP District No. 3 be certified to the City pursuant to Section 469.177, subd. 1 of the TIP Act, and to file a copy of the Development Program and the TIP Plan with the Minnesota Commissioner of Revenue as required by the TIP Act. Adopted this 4th day of June, 1996. Attest: City Administrator Motion made bye Seconded by: Those in favor: Those against: Those absent: Mayor CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of June, 1996. E. J. VanOverbeke, City Clerk a.7810f320 IA110-17 3 -9q 'MAY -30-96 15=16 FROM -KENNEDY & GRAVEN 4 z ID.6123379310 PAGE 2/23 Approved by City Council , 1996 MODIFIED DWELOPIAEN T PROGRAM NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 and TAX INCREhOW FINANCING PLAN TAX INCREMENT FINANCING DISTRICT NO. 3 CITY OF EAGAN, MINNESOTA June 4, 1996 This Instrument Drafted by: -KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Mnuespolis, Minnesota 55402 Telephone: (612) 337-9300 XJZI 321 _ Aauo-l7 '59 6123379310 05-30-96 03:22PM P002 #29 :-MAY-30-BB 15.18 FROM:KENNEDY & GRAVEN ID=6123379310 PAGE 3123 :J.- Fl. SECTION I. MODIFIED DEVELOPAIENT PROGRAM FOR DEVELOPMEKT DISTRICT NO. 2. .:--........................................... 1 . Subsection 1.1. Definitions ... .. . ...... ... ... . 1 4_. Subsection 1.2. Statement and Finding of Public Purpose . .. . .. . 1 Subsection 1.3. Statutory Authority . .. ... ... . ......... 2 Subsection 1.4. Statement of Objectives . ... ... . ... .. . .. . 2 - Subsection I.S. Estimated Public Costs and Supportive Data .. . 3 Subsection 1.6. Environmental Controls ... . .. . . . .. 3 Subsection 1.7. Proposed Reuse of Property . .. ...... . 3 - Subsection 1.8. Public Improvements and Facilities to be Constructed Within Development District No. 2 . . . . 4 Subsection 1.9. Administration and Maintenance of the Development District . . . . . . 4 Subsection 1.10. Rehabilitation ...................... 4 Subsection 1.11. Relocation . . .. .. . . .. . .. 4 _ Subsection 1.12. . . . . Open Space to be Created . . .. . . . . . . . .. . 4 Subsection 1.13. Boundaries of the Development District . . . . . .. 4 Subsection 1.14. . Parcels To Be Acquired or May be Acquired In Whale _ or In Part Within the Development District .. . . . . 5 - Subsection 1.15. Modification of the Development Program for _ = Development District No. 2 . . .. . . .. . . . . .. . 5 SECTION II. TAIL INCREMENT FINANCING PIAN FOR TAR INCREIMT FINANCING DISTRICT NO. S. ............................................ Subsection 2.1. Statutory Authority . .. . . . . .. . . . . .. . .. . 6 Subsection 2.2. Statement of Objectives . . .. . . . . .. . .. . .. . 6 Subsection 2.3. Statement of Public Purpose . . . . . . . . . . . .. . 6 Subsection 2.4. Development District Program . .. . . . ... . .. . 6 Subsection 2.5. Description of TIF District . . . . . . .. .. 6 Subsection 2.6. Development District Contracts ........... . 6 Subsection 2.7. Classification of TIF District . . . . . . .. . . . .. . 7 Subsection 2.8. Modification of TIF Plan .. .......... .... 7 Subsection 2.9. Use of Tax Increment .............. .... 7 Subsection 2.10. Excess Tax Increment . . .... . . .. . .. . .. . 7 Subsection 2.11. Limitations on Collection of Increment ... .. ... . 8 Subsection 2.12. Limitation on Administrative Expenses .. ..... 8 Subsection 2.13. Limitation on Boundary Changes ...... .. . .. . $ - Subsection 2.14. Relocation . ... .... ... . . .. . 9 - Subsection 2.15. Parcels to be Acquired� Witbin the TIF District . . . . 9 Subsection 2.16. TIF Account ....................... 9 Subsection 2.17. Estimate of Project Costs ... ............. 9 Subsection 2.18. Subsection 2.19. Estimate of Bonded Indebtedness .. .. . . . . . . . Original Tax Capacity and Oxy Local Tax Rate . 9 9 Subsection 2.20. Estimate of Captured Tax Capacity and Tax - Increment ... ... .. .. . ...... .. .. 10 Subsection 2.21. Duration of the TIF District . ... . ..... 10 Subsection 2.22. Estimate of Impact on Other Taxing Jurisdictions 10 Subsection 2.23. Annual Financial Report ...... ......... 10 Subsection 2.24. Notification of Prior Planned Improvements .. 10 Subsection 2.25. Assessment Agreements . ..... . ... . . . . . 10 . 8=10432% sa110-17 R=99% 6123379310 05-30-96 03:22PM P003 #29 �=MAY-30-99 16.19 FROM -KENNEDY & GRAVEN ID -8123379310 FACE 4/23 Subsection 2.26. Local Government Aid/Homestead and Agricultural Credit Aid hr Appendix A Map of Development District No. 2 Appendix B Description and Map of TIF District No. 3 Appendix C Tax Increment Report =Appendix D Estimated Impact on Other Jurisdictions Appendix E Statement of Supporting Facts for Redevelopment District Determination 9=04321 =110-27 U �0 6123379310 11 05-30-96 03:22PM P004 #29 MAY -30-96 15.19 FROM:KENNEDY & GRAVEN ID:6123379310 PACE 5/23 SECTION I. MODIFEM DEVELOPMENT P1 LOGRAM FOR DEV MOPJIEDU DMIUCT T NO. 2. Subsection 1.1. Definitions . For the purposes of the Development District Program, the following terms shall bave the meanings specified below, unless the context otherwise requires: ;`- - "Ci " means the Cf of , State of Minnesota. n a municipal corporation under the laws of the "Comprehensive Plan" means the City's Comprehensive Plan, Including the :.-objectives, policies, standards and programs tog�ude public and private land use, - development, redevelopment and preservation for all lands and water within the "City Council" or "Council" means the Eagan City Council; "City Development District Act" or "Act" means Minnesota Statutes, Sections 469.124 through 469.134, as amended. "County" means Dakota County, Minnesota. "Development District" means Northeast Eagan Development District No. 2 _ < which was initially approved by the Council on January 17, 1989, pursuant to and ' in accordance with the City Development District Act, aind as it has been or may be modified. "Development District Program" or "Program" means the program for development of the District adopted by the City pursuant to the Development District Act. "Project Areal' or "Project" means the property within Development District No. 2, as described in the Development Program. "State" means the State of Minnesota. "Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.179, ibLoltsive, as amended. "Tax Increment Bonds" means any general obligation or revenue tax increment " :::bonds or notes issued by the City to finance the public costs associated with --- -Development District No. 2 as stated in the Program and in the Tax Increment F`3nancing Plans for the Tax Increment Financing Districts within Development - _ 4 --District No. 2or any oblipidgAs issued to refund the Tax IncrementBonds. "Tax Increment Financing District" or "TIF District" means any Tax Increment Financing District created and established pursuant to the TIF Act within _ _ Development District No. 2. "Tax Increment Financing Plan" or "Plan" means the TIF Plan adapted by the Council for any TIF District within Development District No. 2. Subsection 1.2. Statement and Findiug_of Public Pur ose. The Council of the City determines that there is a need for development and redevelopment within = the corporate limits of the City and within the Development District to provide -employment opportunities, to improve the tax base and to improve the general BUIO-17 1(01 6123379310 05-30-96 03:22PM P005 #29 MAY -30-96 16.20 FROM.KENNEDY & CRAVEN ID.9123379310 PAGE 6/23 economy of the State. It is found that the area within the District is potentially more useful and valuable than is being realized under 6xdsting development, is less productive than is possible under this programs and, therefore, is not contributing to the tax base to its full potential. Therefore, the City has determined to exercise its authority to develop a program for improving the Development District of the City to provide an impetus for private development, to maintain and increase employment, to utilize existing _ potential and to provide other facilities as are outlined in the Development Program adopted by the City. The Council finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce to carry out its stated public purpose objectives. Subsection I. S. Statutory Authority. The Council reaffirms its determination that it is desirable and in the public interest to establish, develop and administer a Development Program for the Development District in the City, pursuant to the provisions of the Act. Funding of the necessary activities and improvements in the Development District may be accomplished in whole or in part through tax increment financing in accordance with the TIF Act. The City has designated a specific area within the corporate limits of the City == as Development District No. 2 as authorized by Section 469.126 of the Act, as outlined in this document . Within the Development District, the City is administering TIF District No. 2 (economic development) and is hereby establishing TIF District No. 3 (redevelopment) . The original Development Program for Development District No. 2 was approved on January 17, 1989. This modified Development Program is intended to restate and expand on the original program, which is incorporated herein by reference. Nothing in this modification is intended to supersede or alter the activities described in the original Development Program. Subsection 1.4. Statement of Ob'eedres. The Cmtindl determines that the Development District will provide the City with the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable future without City Intervention in the normal development process. The public purpose goals include: restore and improve the tax base and tax revenue generating capacity of the Development District; increase employment opportunities; realize comprehensive pig goals; remove blighted conditions; revitalize the property within the Development District to create an attractive, comfortable, convenient, and efficient area for industrial, commercial and related use. The City and Council seek to achieve the following Development District program objectives: 1. Promote and secure the prompt development of certain property in the Development District, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with the minimum adverse impact on the environment, and thereby promote and secure the development of other land in the City. uasMsi auo-i7 26 ' 6123379310 05-30-96 03:22PM P006 #29 -�-MAY-30-96 15=20 FROM:KENNEDY & GRAVEN ID.612337931O PAGE 7/23 r� 2. Promote and secure additional employment opportunities within the Development District and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increase of commercial/industrial property subject to taxation by the City, Independent School District No . 197, Dakota County, and other tang jurisdiction$ in order to better enable such entitles to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Development District, necessary for the orderly and beneficial development of the Development District and adjacent areas of the City. 5. Promote the concentration of commercial, office, and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessibility and prominence in the City. S. Encourage local business expansion, improvement, and development, whenever possible. 7. Create a desirable and unique character within the Development District thorough quality land use alternatives and design quality in new and remodeled buildings- S. uildings. 8. Encourage and provide maximum opportunity for private redevelopment of existing areas and structures that are compatible with the Development Program. 9. Encourage redevelopment of substandard buildings, to improve employment opportunities in the Development District and the City, where compatible with other planning and develgpment goals - Subsection 1.5. Estimated Public Costs and Sup2ortive Data. The original Development Program described developments by Northwest Airlines and Cray -Research in an area east of Trunk Highway 4.4. The public costs and development plans related to that effort are described in the original Development Program approved January 17, 1989. The City now anticipates a variety of future development associated with the redevelopment of the area within and near TIF District No. 3. Estimated costs and related data for such redevelopment effort are set forth in the TIF Plan attached to this modified Development Program. Subsection 1.6 . Environmental Controls - The proposed development -activities in the Development District do not present significant environmental concerns. All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental standards. Subsection 1.7. Proposed Reuse of Property. The proposals for reuse of property within the Development IMstrict are described in the documents referenced ;in Section 1.5 herein. The City may acquire additional parcels for redevelopment, {'. as identified in Section 1.14 herein. Unless otherwise specified, the Development Pwgram, does not contemplate the acquisition of private property until such time as a private developer presents an economically feasible program for the reuse of that property. Proposals, in order aasioa3zi n►u0-17 3 /n3 61(23/379310 05-30-96 03:22PM P007 #29 MAY -30-96 16.21 FROM -KENNEDY & GRAVEN ID=6123379310 PAGE e/23 to be considered, must be within the framework of the above cited goals and objectives, and must clearly demonstrate feas'bility as a public program. Prior to formal consideration of the acquisition of any property, the City Council will require a binding contract, performance bond and/or other evidence or guarantees that a supporting tax increment or other funds will be available to repay the public east . ; associated with the proposed acquisition. It is the intent of the City to negotiate the acquisition of property whenever necessary. Appropriate restrictions regarding the Xa - reuse and redevelopment of property shall be incorporated 1A to any land sale contract to which the City is apart. Subsection 1.8 S. Public 1m rovements and Fadlities to be Constructed Within Development District No. 2. The public improvements and facilities to be constructed within Development District No. 2 include: (a) off-site improvements, including streets, water, sanitary sewer and storm sewer; and (b) on-site utilities, 'i soils oorreetion, poking and landscaping. All public Improvements are more -particularly descnibed in the documents referenced in Section 1.5 herein. Subsection 1.9. Administration and Maintenance of the Development District. Maintenance and operation of the public improvements will be the responsibility of the Administrator of the City who shall serve as Administrator of the Development District. The Administrator will administer the Development District pursuant to the provisions of Section 469.131 of the Act; provided, however, that such powers may only be exercised at the direction of the Council. No action taken by the Admi3aistrator pursuant to the above-mentioned powers shall be effective without authorization by the Council. Subsection 1.10. Rehabilitation. Owners of properties within the Development District will be encouraged to rehabilitate their property to conform with the applicable state and local codes and ordinances, as well as any design standards. Owners of the properties who purchase property within the Development District from the City may be required to rehabilitate their properties as a condition of sale of land. The City will provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 1.11. Relocation. Redevelopment of existing buildings in TIF District No. 3 may, require relocation of residents or businesses. Provisions for relocation will be made in accordance with Minnesota Statutes, Section 117.50 through 117.56 and any rules adopted by the City Council. Subsection 1.12. Open §R!!ce to be Created. The City, in carrying out the objectives of the Development gram, proposes to en the beautification of open spaces through the development of criteria, which shall be Incorporated into any land sale agreements entered into by the City of Eagan. Subsection 1.13. Boundaries of the Develqpment District. Boundaries of Development District No. as este fished on January 17, 1989 are shown in the map attached as Appendix A. This modification of the Development Program does not change the boundaries of the Development District. Subsection 1.14. Parcels To Be Ac uired or May be Acquired in whole or In Part Within the Development District. The City may acquire any parcelS in the TI District or int the Development District as a whole if necessary to carry out the goals and objectives of the Development Program. Subsection 1.15. Modification of District No. 2. The Development Prograa =11 �►sx0-%7�� 4 61233793-.0 as 05-30-96 03:22PM P008 #29 MAY -30-98 25-22 FROMiKEMMEDY & GRAVEN ID&8223379310 FACE 9/23 , January 17.,1989 Adopted. June 4, 1996 Modified as deseAbed herein The Development Program as modified herein is intended to summarize and --restate ail prior Program modifications. Nothing in this modification Is intended to alter or "strict any activity previously authorized in the Program, and all prior documents representing the Program are Incorporated herem by reference. P", OB104321 ZU10-17 5 -6123379310 05-30-96 03:22PM P009 #29 ::MAY=30-96 16.22 FROM:KENNEDY & GRAVEN ID:6123379310 PAGE 10/23 SECTION II_ TAX INCRENUM MHANCING PLAN FOR TAX INCREMMTT FINANCING DISTRICT NO. 3. Subsection 2.1. Statutory Authority. Pursuant to the TIF Act, the City seeks to create Tax Increment Financing District No. 3 and adopt a TIF Plan for the TIF District. - Subsection 2.2. Statement of Ob'eetfves. The objectives for the Development District set forth in Su section 1.4 of the Development Program are Incorporated herein by reference. Subsection 2.3. Statement of Public Purpose. In adopting the TIF Plan for TIF District No. 3, the City Council intends to make the following findings: (a) Anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably he expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan. (b) The TIF Plan will afford maximum opportunity, consistent with the sound needs of tha City as a whole, for development of the Distriet by private enterprise; and (c) The TIF Plan conforms to general plans for development of the City as a whole. The finding in clause (a) is based on the fact that the area is characterized by substandard property and fragmented land uses. These problems have historically impeded development in the area, and no future development is hely absent public intervention. In addition, more than half the buildings require significant expenditures to bring them into compliance with current building codes, as descn'bed further in Section 2.7 below. Finally, because no development or redevelopment is likely to occur at this site, no increased market value is expected. In any event, anp Inmease in market value would not exceed the market value increase projected in this plan after subtracting the present value of the tax .increment for the duration of the TIF District, as shown in Appendix C. Subsection 2.4. Develament District Program. The City created Development District No. 2 on January 17, 1989. The City is hereby modifying the Program to update the development activities planned or authorized within the Development District. The modifications are set forth in Section I of this document. Subsection 2.5. Description of TIF District. TIF District No. 3 consists of the parcels described in Appendix B, together with all street and railroad right of -,3 ways shown on the map included in Appendix B. Subsection 2.6. Development_ District Contracts. No contracts have yet been executed for development activity authorized by this TIF Plan. Agreements regarding property within the Development District will be entered into in accordance with Section 469.176, Subd. 5 of the TIF Act. anaouzi suzo-a,7 fi 6123379310 05-30-96 03:22PM P010 #29 ^r�HY-30-96 15=22 FROM --KENNEDY & GRAVEN :. ID=6123379310 PAGE 11/23 r; ~. Subsection 2.7. Classification of TIF District . The City has determined that - TIF District No. 3 is a evelopment des rct 10 of the TIF Act. The city tlnds that 'pursuant to Section 4fi9.174, Subd. Of the TIF District parcels consisting of 70 percent of the area fm rove are occupied by buildings, streets, utilities or other c: � P gents. F Qrther, more than 50% of the buil to s degree requiring substantialclearance a structurally substandard sI1 q g renovation or clearance. The reasons and Pporting facts for these findings are set forth in Appendix E. -. Subsection 2.8. Modification of TIF Plan. The Plan for TIF Distract No. 3 may be modified by the City roved z . P e t any reduction or enlargement of $eofraphic area of the TIF District, increase in amount of bonded indebtedness to be Incurred, including a determination to capitalize interest on the debt if Haat determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the Captured tax capacity to be retained by the City, increase in tax total estimated increment expenditures or designation of additional property to be acquired ed the City shall be approved upon the notice and after such discussion, public hearing and .findings as required for approval of the original Plan. Subsection 2.9. Use of Tag Increment. (a) Pursuant to Section 469.176, Subd. 2 of the TIF Act, all revenues derived from the tax increment from TIF District No. 3 shall be used in accordance with the TIF Plan. The revenues shall be used to finance or otherwise pay the Capital and administrative casts of development activities witbin the Development District as identified in the TIF Plan. (b) Pursuant to Section 469.1763, Subd. 2 of the TIF Act, at least 75 PL rcent of the revenue derived from tax increments paid by properties in TIF District No. 3 will be expended on activities ("Activities") in the TIF District or to pay bonds, to the extent that the proceeds of the bonds were used to finance Activities in the TIF District or to pay, or secure payment of, debt service on credit r enhanced bonds (as defined in the TIF Act) . No more than 25 percent of the revenue derived from tax increments paid by properties in TIF District No. 3 will be expended, through'a development fund or otherwise, on Activities outside of the TIF District but within Development District No. 2 except to pay, or secure payment of, debt service on credit enhanced bonds. Further, at least 90 percent of the revenue derived from tax increments from the TIF District will be used to finance the cost of correcting the conditions that allow designation of redevelopment districts under Section 469.174 of the TIF Act. - (c) Revenues derived from tax increment will be expended in accordance with the "five-year rule'* as set forth in Section 469.1763 of the TIF Act. Subsection 2.10. Excess Tax Increment. Pursuant to Section 469.176, Subd. 2 of the TIF Act, in any year iu w ' ch the increment exceeds the amount necessary to pay the costs authorized by the TIF Plan, the City shall use the exam amount to do any of the following, in the order determined by the City: - = (a) prepay the outstanding bonds; ��-- (b) discharge the pledge of tax increment therefor; -. (c) pay into an escrow account dedicated to the payment of bonds; or 6123379310 05-30-96 03:22PM P011 #29 ';'MAY -30-96 15:23 FROM -KENNEDY & GRAVEN ID:6123379310 PAGE 12/23 (d) return the excess amount to the Dakota County Auditor who shalt distribute the excess amount to the City, the County and Independent School District No. 197 in direct proportion to their respective tax capacity rates. In addition, and subject to the limitations set forth in Subsection 2.9 herein, the City may choose to modify the TIF Plan in order to provide for other public ; improvements within the Development District. Subsection 2.11. Limitations on Collection of Increment. (a) No itteftment ahall be paid to the City from TO District No. 3 after three years from the date of certification of the original tag capacity of the taxable real property In the TIF District by the county auditor unless within the three year period (a) bonds have been issued in aid of the Development District pursuant to Section 469.178 of the TIF Act, or any other law, except revenue bonds issued pursuant to Minnesota Statutes, Section 469.152 to 469.165; or (b) the City has acquired property within TIF District No. 3, or (c) the City has constructed or caused to be constructed public improvements within TIF District No. S. (b) If, after four years from the date of certification of the original tax capacity of TIF District No. 3, no demolition, rehabilitation, or ` renovation of property or other site preparation, including qualified improvement of a street or right-of-way adjacent to a parcel but not installation of underground utility service, including sewer or water systems, have been commenced on a parcel located witbin TIF District No. 3 by the City, or by the owner of the parcel in accordance with the ry: TIF Plan, no additional increment may be taken from that parcel, and the original tax capacity of that parcel shall be excluded from the original tax capacity of the TIF District. If these activities subsequently commence, the City shall so certify to the county auditor, and the tax capacity of the property as most recently certified by the commissioner of revenue may be added to the TIF District's original tax capacity- (c) apacity-(e) No tag increment shall in any event be paid to the City from TIF District No. 3 after twenty-five years from the date of receipt by the City of the first increment. Subsection 2.12. Limitation on Administrative -penses. Pursuant to Section 469.176, Subd. 3 of the TIF Act, administrative expenses are limited to 10 percent - of the total tax increment expenditures for Development District No. 2. Each time the .= r=' City increases the budget of TIF District No. 3, the amount of tax increment money allocated to administrative costs may be increased as long as the total of ` administrative expenditures does not exceed. 10 percent of the total budget of the Development District. s Subsection 2.13. Limitation itation on Boundary Changes. The geographic area of TIF District No. 3 may be reduER, but it cannot be enlarged after rive years following the date of certification of the original tax capacity by the Dakota County Auditor. Thus, the TIP District may not be enlarged after approximately June, 2001. 8 612 37 310 05-30-96 03:22PM P012 #29 ---VMN 11):6123379320 PACE 13,23 Subsection 2.14. Relomtion. Under state law for relo _- The CRUM and Will adminl6ter relomtion gapvices for f and businesses gt City accepts as binding its obi tions displaced by public action. Y acSuubir*eQMCUy'0n 2'15. Parcels to A'Q- Uft'd Within the TIF District The City parcels '. 1"trict Or in e Develo necessary og rryout thegoals and objective, pmenttrictasawhole s of the orDeveloloment Pm. IF PIM and the Subsection 2. IS. TIP A -TIF District No. 3 shall be Account - The tax increment recWved with respect to and records Or held GegrOigated by the benefit secialaccobond ntitsofficial Wksy athl6tefor thO"PhOld0ra of bonds issued to alumce development or redevelopment costs projects. Subsection 2-17. Estimate of of activities in order to rt:50Uate Ct Costs - The Ci anticipates a vadety the TIF District. Development merit redevelopment of the property,:Lu :. tl_ is anticipated toocur in stages over time. Following t- . 18 an estimate of costs that may be fLuanced with revenues A Increments.. ax derived from t land acquisition Public improvements (Street, sewer, $1,8501,000 water, storm sewer) 963,0oo improvements (NdU WOrk, gmding, 4�- �47 landscaping, etc) Contingency 285,000 100,000 TOTAL $3,000,000 71M above costs cRtegOr are estimates and may be incurred in any of the identl&d lea In addition to these costs (and interest thereon), the City may retain 10 Percent of the tax increment received from the TIF Dist ct OR administrative expenses. Yea for each r Subsection 2.18. Estimate .the costs costs identified in this IF hued Indebtedness. The City may finance " 6lh Pay-as-you-go contracts or notes&eneral o tion Or revenue bonds, "or # in a Maximum Principal amount of $3, 000, 000. Subsection 2.19, 0 Tax Ca acl d o cal Tax Rate. At the time Of the request for ication. e or lo tax capacity I v Property within TIP District No. 3 is expecte to be $411,099, rep 1995 together with $372,000resentinff e presenting the value nf improvements for which h re essm8nt as of January ted bund'ng 15arndts were issued in the prior 18 moz:Lths (See Section 2.24), for OrWwd tax capacity of $425,793. a total The original local tax rate of TIP District No. 3 is Ggdmted to be 114.819%. _ThiDistrict s is the aggregate local tax rate applicable to PrOPOrtY within the TIF for taxes payable in 1996. The County auditor Will increase or decrease the original tax Capacity of TIF District No - 3 as a result of: (a) change in the tax exempt status Of -Property Ndtbiu the TIP District; SU204S21 =110-17 9 (_0q 6123379310 05-30-96 03:22PM P013 MAY -30-96 15&24 FROM=KENNEDY & CRAVEN IDzB12337S320 PACE 14/23 (b) reduction or enlargement of the geographic boundaries of the TIF District; (c) reduction of valuation by means of a court-ordered abatement, stipulation agreement, voluntary abatement made by the assessor or auditor or by order of the'Minnesota commissioner of revenue; or (d) change in the classification of property within the TIF District to a classification that has a different class rate. Each year the County auditor will measure the increase or decrease in the tax capacity of TIF District No. S. Any 7MI, Whieh the total tax capacity of the TIF _ - _..District exceeds the original tax capacity, an increment will be payable to the City. ' Any year in which the tax capacity is below the adjusted original tax capacity, no < :tax capacity will be captured and no increment will be payable to the City. Subsection 2.20. Estimate of Captured Tax Capacity and Tax Increment. An explanation of estimated captured tax capacity and tax increment is included in Appendix C. The City hereby elects the method of calculation of tax increment described In Section 469.177, subd. 8, clause (b) of the TIF Act, which means that fiscal disparities contributions will be made from the TIF District. Pursuant to Section 469.177, Subd. 2 of the TIF Act, it is found and declared that all of the captured tax capacity generated within TIF District No. 3 is necessary to . finauce or otherwise make permissible expenditures authorized by Section .:469.1769 SUM. 2 of the TIF Act. Subsection 2.21. Duration of the TIF District. In accordance with Section 469.176, Subd. 1(e) of the TIF Act, the City may continue to receive TIF payments until 25 years from the date of the receipt of the first increment, unless the TIF District is decertified before that time under Section 469.1763, Subd. 2 of the TIF Act. Subsection 2.22. Estimate of Inrpact on Other Taziug Jurisdictions . The City believes that, because the development would not have occurred without the tax increment assistance, the TIF District has no impact on other taxing jurisdictions. However, assuming the development would have occurred without tax increment assistance, malting the anticipated captured tax capacity available to other sdictions, the hypothetical impacts on other jurisdictions arepresented in Appendix D. Subsection 2.23. Annual Financial Report. The City will comply with all ..reporting requirements under Section 469.175, subds. 5, 6, and 6a. Subsection 2.24. Notification of Prior planned IIn rovements. Pursuant to 'Section. 469.177, Subdivision 4 of the TIF Act, the City reviewed its records with _ - regard to the property within TIF District No. 3 and found that building permits for improvements with an estimated tax capacity of $372..000 were issued during the 18 mouths immediately Preceding approval of the TIF Plan by the City. Such estimated _ = tax capacity will be added to the original tax capacity of the TIF District, as shown In Section 2.19. : Subsection 2.25. Assessment Agreements. Pursuant to Section 469.177, Y : 'Subdivision 8 of the TIF Act, the City may execute an assessment agreement in e.�iosazi -lssuo-i� 10/� ~~b 1q3?93010 05-30-96 03:22PM P014 #29 €NAY -30-96 16=26:FRON:KENNEDY & GRAVEN ID.6123379320 PAGE 16/23 recordable form with the developer which establishes a minimum market value of the land and completed improvements for the duration of TIF District No. S. The assess- _ meat agreement, If any, shall be presented to the Dakota County Assessor who shalt review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the assessor to be a reasonable estimate, the assessor may certify the minimum market value agreement. The assessment agreement shall be filed of record in the office of the county recorder or ;the registrar of titles of Dakota County. Recording or Min of an assessment agreement complying with the terms of Section 469.177, Subd. 8 of the TIF Act shall notice of the agreement to any subsequent purchaser or encumbrance of the land or any part thereof , whether voluntary or involuntary, and shalt be binding upon them. Subsection 2.26. Local Government Aid/Homestead and Arriaultural Credit ..Aid. The City elects to make a local contribution under Minnesota Statutes, Section 273.1399, subd. 6(d) in order to qualify for exemption from loss of LGAIRACA. The City will pay for costs of the project described in Section 2.17 hereof from unrestricted funds of the City, in an amount equal to 5.0 percent of the annual tax increment from TIF District No. 3. Such contribution may be in the form of annual payments (in addition to tax increment payments) toward costs identified in Section 2.17, but the City reserves the right to make local contributions in any form and at any time permitted under Minnesota Statutes, Section 223.1399, Subd. 6(d) . LSSA -17 11 91 6123379310 05-30-96 03:22PM P015 #29 .--MAY-30-96 25s25 FROMcKENNEDY & GRAVEN llm4ffmv swam �11=- ti ANSON Sim No. AAd 3 . \ + �'s� o--.�-�� . . . . . . . . . . 37. NI 41 Yom_ ,.�. � E ��:'. va :6 0 612g C354;�� 05-30-96 03:22PM P016 #29 APPENDIX B EAGAN TAX INCREMENT FINANCING DISTRICT NO. 3 PARCEL IDENTIFICATION #'S 10-00200-010-31 10-00200-010-29 10-00200-020-29 10-53320-080-00 10-53320-081-00 10-53320-082-00 10-53320-071-00 10-53320-072-00 10-53320-052-00 10-53320-032-00 10-53320-040-00 10-00200-020-78 10-02200-030-78 10-00200-040-78 10-00200-050-78 10-00200-060-78 10-36100-010-01 10-36100-020-01 10-42900-010-01 10-42900-010-02 10-42900-020-01 10-42900-040-01 10-42900-030-02 10-42900-041-01 10-42900-040-02 10-00200-010-77 -23 :'."AAY-:30-88 16-28 FROM -KENNEDY & GRAVEN 12 Z�wl� 5 z _46! T* z 3 0 05-30-96 03:22PM P017 #29 Oxman*_ 0 NEW 3 0 05-30-96 03:22PM P017 #29 `PRAY -30-98 15:28 FROM:KEMMEDY & GRAVEN I13:6123379310 Tax Increment Finarloing Summary Report City of Eagan, Minnesota Tax Increment Financing District No. 3 Scenario A (Fiscal Disparwes From Inside District, With Lccal Contribution) PAGE 16/23 Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from let Inorement Cer Iffication Request Date 06/15/96 Decertification Date of'nF District 12/01/2022 (25 Years of Increment) Loan Amount Q 8.50% $2,317,200 Future P.V. Value @ 5.00% Bond Issue 0 0.000% (NIC) NA (Taxable) Admin. (10.00°x6) $762,103 $378,981 Loss of LGA/HACA O 0 Eligible Project Costs NA Local Contributions (381,062) (189,498 Capitalized IrRerest NA Underwriters Discount NA Grass Surplus (Shortage) $381,041 $189,483 COI/Administrative NA Local-CifortTIF 0 0 Other NA Net Surplus (Shortage) $381,041 $189.483 Less. Less: Plus: Annual Annual Admin. Stste Auditor Annual Annual Local Annual Projected Period Gross Tax Retainage Deduction Net Tax Contribution Net Leas of Ending Increment 10.00% 0.10% Increment 5.00% Revenue LM"AGA (1) (2) (4) (5) (6) M (6) (9) 0 12131 /gel 0 0 0 0 0 0 12/31/97 0 0 0 0 0 0 0 12/31198 33,499 5,550 33 $0,116 1,675 31,791 0 12/31/99 106,872 10,887 109 97,876 $A" 103,320 0 12/31/2000 184945 18,425 184 165,636 91212 174,848 0 12/31/2001 259,617 25,962 260 233,395 12,981 248,376 0 12/31/2002 334,990 33,499 $35 301,156 16,750 317,906 0 12/31 /2008 334,990 33,499 336 301,155 16,750 317,W61 0 12131/2004 334,990 33,499 335 301,156 16,750 317,906 0 12/31/2005 334AW 33,499 335 301,156 16,750 317,908 0 12/31/2006 534,990 53,499 335 301,158 16,750 317,906 0 12/81/2007 $34,990 33,499 335 301,155 16,750 317,908 O 12/31/2008 334,990 33,499 335 301,156 •16,750 317,906 0 12/91/2009 334,990 33,499 $35 301,166 16,750 317,906 0 12/31/2010 334,990 33,499 335 301,156 16,750 317.908 0 12/31/2011 $34,990 33,499 $35 301,186 16,750 817,906 0 12131/2012 3$4,990 33,499 395 301.156 16,750 317,906 O 12131/2013 834,990 33,499 335 301,158 18,750 317.906 0 12131/2014 334,990 83,499 335 $01,156 16,750 317,906 0 12/31/2015 334,990 33x499 s35 3D1,155 16,750 317AW 0 12/31/2016 534,990 53,499 335 301,156 18,750 317,906 0 12/31/2017 834,990 38A99 835 301,156 16,750 817,906 0 12/31/2018 334,990 $3,499 335 307,156 16,750 317,906 0 12/3112019 384,990 33,499 $35 301,156 16,750 317,906 0 12/31/2020 334,990 33x499 $35 $01,156 16,750 3171906 0 12131(2021 334,990 $3.499 $35 301,196 16,750 317,906 0 12131/2072 3341990 33,499 s35 301,156 16,750 317,906 0 12/31/2023 0 0 0 0 0 0 0 $7,621,023 $782,103 $7,621 $0,851,299 $381.062 $7,232,361 $0 _ Prepared by: Springsted Inoorpomted (30 -May -96) V!, C-1 612333,9�0 05-30-96 03:22PM P018 #29 - T� I13:6123379310 PAGE 19/23 Assumptions Re ort City of Eagan, Minnesota Scenario A (Fscyd Disparities FroIncrement m inside DisW cing ct1N�• 3 � ilii Local Contribution) Crig lnat Net Tax Capacity = ner"Se in EMV (1) Times: C/I Class, Rate Increase in NTC ,Total NTC ----------- As Redevelopment 25 years from 1st increment 06/15/96 12/01/2022 (25 Years of Increment) $426,793 TYPe of Tax Increment Financing pact _"=- Maximum Duration of TIF District 1997/1998 1998/1999 1999/2000 Certification Request Date 2001/2002 DeO tfication Date $3,250,000 $S,soo,000 $7,750,000 $10,00(),000 Crig lnat Net Tax Capacity = ner"Se in EMV (1) Times: C/I Class, Rate Increase in NTC ,Total NTC ----------- As Redevelopment 25 years from 1st increment 06/15/96 12/01/2022 (25 Years of Increment) $426,793 Base IMlation Factor Local Tax Capacity Rate Fiscal DlsparWes Contribution From 11F District Administrative Retainage Percent (maximum = 10°�) Poorrng Percent Cfty Tax Rate (Only if Local—Effort MF) NA 114.319% 36.2975% 10.00% 0.00% NA (1995/1996) onds <<. Bonds DatedO6/15/96 Lawn Pa I—A — ofr,—Go ' First Interest Date Loan Dated 06/15/96 Underwriters Discount 02/01/97 Loan Rate 8.60% 4 =Principal & Interest @ 1009'e '. _ LGAMACA Loss- :.11lnl Annual Local Contribution Be Made (Yes or No)? "'1.3.D-#197 Equalized Tax Capacity Rate `IiS.D 197 Sales Ratio City of Eagan Sates Ratio R s' : 'City of Eagan Taxable NTC Present Value Date ,Present Value Rate -(1 3, ) Projects m new Ew overthe next Sy. ,,. . Prepared by. Springsted Incorporated 30—Ma Yes 40.80% 89.90% (1994) NA NA 06/15/96 5.00% ' 61213793100 _..}/� 05-30-96 03:22PM P019 #29 s --w enviDollectionYear----------) 1997/1998 1998/1999 1999/2000 2000/2001 2001/2002 $1,000,000 4.60% $3,250,000 $S,soo,000 $7,750,000 $10,00(),000 4.60% 4.�- 6°6 4.6/ 4.60/ $46,000 $149,500 $P53,000 SM.5W $460,000$471,793 $471,793 5575,293 $678,793 $782:293 $886,793 Base IMlation Factor Local Tax Capacity Rate Fiscal DlsparWes Contribution From 11F District Administrative Retainage Percent (maximum = 10°�) Poorrng Percent Cfty Tax Rate (Only if Local—Effort MF) NA 114.319% 36.2975% 10.00% 0.00% NA (1995/1996) onds <<. Bonds DatedO6/15/96 Lawn Pa I—A — ofr,—Go ' First Interest Date Loan Dated 06/15/96 Underwriters Discount 02/01/97 Loan Rate 8.60% 4 =Principal & Interest @ 1009'e '. _ LGAMACA Loss- :.11lnl Annual Local Contribution Be Made (Yes or No)? "'1.3.D-#197 Equalized Tax Capacity Rate `IiS.D 197 Sales Ratio City of Eagan Sates Ratio R s' : 'City of Eagan Taxable NTC Present Value Date ,Present Value Rate -(1 3, ) Projects m new Ew overthe next Sy. ,,. . Prepared by. Springsted Incorporated 30—Ma Yes 40.80% 89.90% (1994) NA NA 06/15/96 5.00% ' 61213793100 _..}/� 05-30-96 03:22PM P019 #29 6Z# OZOd YzdZZ:EO 96 -OE -90 OIEBLEEZI9 .o U SA r C©�c m e� cmc mc— �Ga 0 0 Z i* m V 4 O C 8 C7 EZJOZ 3owd moss m$$ooC) � C� atw ote:gios+�c>'vsrna� I a+> N' pgQ'Tr� rrYr rT rr�+wwwrrTrr �y Z tiwr l r r N d C7 C7 f4 M M 0 S 0 0 C9 09 t9 ch ch w c� to CO 0 m I N 1w CY { v p � N m f� h � h K N f� 1+ }� r� ^ rti 7+ 1� 1, rlgaN 0�•.j p40400 �cdadOmmm(Cmmm�m�m��m 144 �� OC�DiD1pQD��iD(ipQ = r0`( 0 Mz/z� 0 t;^p maDFDtp (p f�pQ w �(CCj�li�� tlitli��lD�IpTT�irl�lfi� pp {� w rQQr Mpp_pp�j rpTp ww er�ew�pr QT pT W �®N��47t7t7C�JW WC'iW W��0Wc7c�7�W cs�7 OI I w .17 :3 0 0 1 0—c9COOw0;0)C94003Ocro) lthCOO cr.)�C;p i y � i I 01 92 � @� Or►� �.rNQ�C'3ty5C7�C7�C'�f'SC7 Q5 C4 CD��Cgl9C7� W Q7 J +�'• w `0�' I {6Y { OO�Q3�NW CaClO> W COJ��CDO� G> WO/6�OI N it^I d54�t0� af�1%�COVOM0�CV 00 000 .•�c`v�ic c°��cwc�w�c�a� cC9 0) co � e � � og0arcola 4i r r• rrr�+�.wr Trr Tw w wr r rr rr �r'r r r cxd. i �0 i�t+34JC'7C7C70 003CO-ay000000mc*000 cb I'Q'�tTilSfrIQQQQQ�'STQQ4Q'RT:T�tQQ� �QQQQ ir r r r r T r r r r r w T w r r r r w Y w r r r r r r w 191911910 (I�� CQ�J CppL�� QO0p�� Rome N91911NNCV Wwcv Of 1 OOHOga�o�ou�i��momioawo`Oi�a�o�c�WQ C7 CSI �u7�Ntfl 1b C4�-�✓�O�W n�� t00�m f� �Cp +-T rrrrr�rrrrrY Trrr w�.rT CD i e qwv qr9wvl I didTZ P -co Zco 1 wr.aoa 0 CDA O�VV1wwf-0a Tv 71 v,0006ScC�to�yyl1��11oSo^o006 "oo o s+QCVN NN N r rw r 4_ rr YwY rr r �.w T rrw ry.+ { NNNC�NNNC�i�i�NN N(�1 ��NC��:�t�NNN OIEBLEEZI9�QI N3AvuD v AcaNN3N+woma 9Z' S I t CD _. c jam:. 96-@E-1Cd'W` MAY -30-9B I 16:29 FROM:KENNEDY & GRAVEN ID:8123379310 Ltxan Cwsl`1 flow Report (PaY-As-Yeu-•Cao) City of Fagan, Minnf Tax kw*mant Fumneli lg Distiat No, 8 Scenario A (Fiscal Qispa is- Frain ftWe Dstrie% Wilh Local Contribution) Loan Date: 08/11/96 Loan RaW 8.5046 Amount 82,317,200 sefrii-Anmad Lam Dema Priwpw bbmwt Pal Not Revenue Captbli3ed Balance k4OFM OuWbmding c1) (2) (3) (4) m W1107 0.00 0.00 0.00 Om 2,517,200.00 125,648.97 2,440,848.37 04/01/07 0.00 0.00 0.00 0.00 103.736.06 2,244,554.43 02/01/05 0.00 0.00 0.00 O0O 105,144.84 2,632,728.27 08/01/96 0.00 15.896.50 16,895.60 16,80590 98.545.40 2,749,574.76 02/01/99 0.00 161895.50 15,80330 15,595.50 100,901.43 2410,536.18 OWOI/99 0.00 81,680.00 51,860.00 SIAM -00 80,487.79 2,920,023.95 02501/2000 0.00 S1,660.00 311080.00 61,66040 72,441.02 2,992.405.00 08/01/2000 0.00 67,424.00 870424.00 87,424.00 39,755.76 3,082.220.78 02101/2001 QOO 87.424.00 $7,424.00 87.424.00 41,446.38 3,073,666.14 08101/2001 0.00 123,158.00 123,188.00 123,188.00 7,442.51 3,081,108.85 0x101/2002 0.00 183.188.00 128,188.00 123,188.00 7.7S9.13 3,088,888,05 08/01/2002 27.676.11 131,278.68 156.953.00 198,953.00 0.00 3,061.191.97 02/01/2003 28,852.34 180,100.06 158,963.00 1$8,953.00 0.00 3.032,330.83 09/01/2003 90,078.67 128.874.43 185,013 00 158,953.00 0.00 3,002,261.06 02/01/2064 31,316,90 127.556.10 168,969.00 158,953.00 0.00 2,970,004.18 08/01/2004 3'.889.57 125.263.48 198,963.00 158,953.00 0.00 2,998,214.50 02!01/2009 34,078.88 124,874.12 158,853.00 158,083.00 0.00 2,904,135.71 06/01/2005 35,527.23 123,425.77 158,953.00 158,953.00 0.00 2,888,008.48 02/01/2000 37,037.14 121,015.58 158,953.00 188,9$3.00 0.00 2,831.571.34 08/01/2006 38.61122 120,341.78 758,953.00 188,093,00 0.00 2,782,980.12 02!01/2007 40252.19 118,700.81 159,953.00 168,G63.00 0.00 2,752,707.93 06/01/2007 41,962.91 118,990.09 158,963.00 t$B,9S3.00 0.00 2,710.745.02 02/01/2006 43,746.34 119.206.66 158,953.00 155,953.00 0.00 2,686.998.68 08/01/2008 45,605.66 113447.44 168,953.00 1686953.00 0.00 2,021,393.12 02/01/2009 47,543,79 111,409.21 158,033.00 153,953.00 0,00 2.573,849.33 08/01/2009 49,584.40 109.388.60 168,053.00 158.953.00 0.00 2.524.284.99 02!01/2010 $1,670.89 107,28211 1$'8.953.00 158,053.00 0.00 2,472,614.04 08/01/2010 83,966.90 105,086.10 1$6.953.00 168,953.00 0.00 2,418,747.14 0x!01/2011 50,156.25 102,796.75 158.8153.00 158,955.00 0.00 2,362,900.88 06/01/2011 58,542.69 100,410.11 168,955.00 1$8.853.00 0,00 2,304,048.00 OPJ01/2012 81.030.90 97,922.64 168,953.00 158.953.00 0.00 2,243,017.04 08/01/2012 63,824.78 95.324.22 155,953.00 198,953.00 0.00 2,179,342.26 02/01/2013 66,328.83 92,024.17 158,953.00 138.953.00 0.00 2,113.063.43 08/01/2013 80,147.80 88.805.20 168,913,00 158.953.00 0.00 2,043,916.63 02101/2014 7ZA86.59 88, Al 158.953.00 158,063.00 0.00 1,971,529.04 08!01/2014 5'5.150.27 83,802.73 158,953.00 168,053.00 0.00 1,898,578.77 02/01/201 S 78,344.15 80,608.85 158,953.00 168,053.00 0.00 1.818,334.82 06/01/2015 81,673.78 77.279.22 158,953.00 168,953.00 0.00 1,736,660.84 02/01/2018 85.144.91 7 OW -09 138.953.00 158,983.00 0.00 1,8511818.03 05/01/2016 $8.763.57 70,180.43 158.953.00 168,953.00 0.00 1,662,762.38 02/01/2017 92.536.02 65,416.08 158.953.00 158,953.00 0.00 1,470,216.34 08101/2017 96,468.81 62.484.19 158,953.00 158,093.00 0.00 1,573,747.53 02/01/2018 100,568.73 63,384.27 158,953.00 168,953.00 0.00 1,273,178.80 06/01/2018 104,842.00 64,110.10 158,953.00 188,063,00 0.00 1,168,336.90 02/01/2019 109,298.72 49,854.28 118,953,40 158,953.00 0.00 1,059,037.18 08/01/2019 113,943.92 45,009.06 169053.00 168,953.00 0.00 948,093.26 02/01/2020 118,786.54 40,184.48 158,953.00 168,993.00 0.00 826,306.72 08101/2020 123.834,96 33.115.04 168,95300 158,953.00 0.00 702,471.76 02!01/2021 120,007.95 29,855.05 198.953.00 188,053.00 0.00 673,373.81 08/01/2021 134,684.61 24.368.39 158,953.00 iS8,953,00 0.00 488,789.20 02/01/2022 140,304.46 18,848.54 153,953.00 158,093.00 0.00 208,484.74 08/01/2022 146,267.40 12,681.60 159.953.00 168,963.00 0.00 152,217.34 02/01/2023 152,217.34 6,409.24 158.686.56 165,68686 0.00 0.00 3,458,888.05 4,148,225.50 7,'82,004.68 7,232,094.58 771.668.08 E m mmTax bcv ment 256.42 Total Net Revenue 7,252,361.00 Pnepaosd by. 6pringstad InooTwated (30 -May -96) PAGE 21/23 C-4 6123379310 05-30-96 03:22PM P021 #29 MAY -30-96 16:30 FROM=KENNEDY & GRAVEN ID:8123379310 Market Value Analysis Report City of Eagan, Minnesota Tax Increment Financing District No. 3 Scenario A A$sumptions Present Value Date 06/01/96 P.V. Rate - Gross T.I. 8.50% Increase in EMV With TIP District $10,000,000 P.V of Gross Tax Increment (4,165,813) Subtotal $5,834,187 Increase In EMV Without TIF 0 Difference $5,834,187 PAGE 22/23 Prepared by: SPRINGSTED Incorporated (16 -May -96) C-5 612337931U 1 05-30-96 03:22PM P022 #29 Annual Present Gross Tax Value @ Year Increment 8.50% 1 1998 33,499 30,399 2 1999 108,872 94,768 3 2000 184,245 153,839 4 2001 259,617 207,935 5 2002 334,990 257,365 6 2003 334,990 246,873 7 2004 334,990 236,809 8 2005 334,990 227,155 9 2006 334,990 217,894 10 2007 334,990 209,011 11 2008 534,990 200,490 12 2009 334,990 192,317 13 2010 334,990 184,477 14 2011 334,990 176,956 15 2012 334,990 169,742 16 2013 334,990 162,822 17 2014 334,990 156,184 18 2015 $34,990 149,817 19 2016 334,990 143,709 20 2017 5334,990 137,851 21 2018 334,990 132,231 22 2019 334,990 126,840 23 2020 334,990 121,669 24 2021 334,990 116,709 25 2022 334,990 111,951 7,621,023 4,165,813 PAGE 22/23 Prepared by: SPRINGSTED Incorporated (16 -May -96) C-5 612337931U 1 05-30-96 03:22PM P022 #29 6z# £zoa Fidzz-E0 96-0£-90 n LL F d LL P d oi£6L££zi9 V 4 ,E '$ xx tom. 41 I �Qm�� S� a � m m /ice N c c c CT I o LL I i co LL 0 Zb �3 iw V 4 ,E '$ xx tom. 41 �Qm�� b a � m m m ss66- `,k r•_ w +..� 4 m � CT Cki LL co LL 0 Zb �3 w +..� 4 m � Ea/ca 30va OZEBLEELS9'QI D N3Att2I� '6 JiQ3NN3}i ° idO2I3 OEs 9 Z 96-0E'-:1ittYi APPENDIX E STATEMENT OF SUPPORTING FACTS FOR REDEVELOPMENT DISTRICT DETERMINATION TIF DISTRICT NO. 3 The following conditions exist within the area designated as TIF District No. 3 ("TIF District"): 1. Parcels making up more than 70 percent of the area of the TIF District are improved, as shown in the attached table. Total Area = 5.232,692 Area of improved parcels = 3.664.692 (if at least 15% of a parcel's area is improved, the entire area of the parcel is deemed improved.) Improved Parcels as Share of Total = 70% The above analysis is based on City staff examination of parcels, which is on file in City Hall. 2. The TIF District contains 25 buildings, of which 13 (more than 50%) contain defects and deficiencies which are of sufficient total significance to justify substantial renovation or clearance of the building. Facts and reasons supporting that determination are set forth in a memorandum from the City Building Official dated January 23, 1996, which is on file in City Hall. 3. Based upon the size, type and age of the buildings identified above, the average cost of plumbing, electrical or structural repairs, and exterior examination of the building, the buildings could not be modified to satisfy the building code applicable to new buildings at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on this site (see Building Official memo referenced above). HWY 55 TIF REDEVELOPMENT DISTRICT PIN # TOTAL AREA IMPROVED AREA % IMPROVED 10-00200-010-31 262,067 144,709 55.2% 10-00200-010-29 23,554 8,919 37.9% 10-00200-020-29 106,375 89,200 83.9% 10-53320-080-00 125,501 81,300 64.8% 10-53320-081-00 203,520 152,277 74.8% 10-53320-082-00 121,526 89,700 73.8% 10-53320-071-00 273,067 134,775 49.4% 10-53320-072-00 643,855 158,900 24.7% 10-53320-052-00 105,708 76,125 72.0% 10-53320-032-00 40,457 23,580 58.3% 10-53320-040-00 762,493 133,644 17.5% 10-00200-020-78 11,251 2,016 17.9% 10-02200-030-78 12,691 2,558 20.2% 10-00200-040-78 14,130 4,222 29.9% 10-00200-050-78 12,948 2,384 18.4% 10-00200-060-78 35,165 5,926 16.9% 10-36100-010-01 125,961 34,400 27.3% 10-36100-020-01 109,518 94,425 86.2% 10-42900-010-01 45,411 33,475 73.7% 10-42900-010-02 53,882 14,341 26.6% 10-42900-020-01 21,161 3,216 15.2% 10-42900-040-01 24,623 4,695 19.0% 10-42900-030-02 11,000 3,296 30.0% 10-42900-041-01 19,938 4,225 21.2% 10-42900-040-02 10,888 2,616 24.0% tow Agenda Information Memo June 4, 1996 B. VACATE PUBLIC RIGHT-OF-WAY, YANKEE DOODLE COURT & KUTOFF DR. ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approveldeny/continue the vacation of Public Right -of -Way as described for Yankee Doodle Court and Kutoff Drive subject to the final plat approval for UPS Second Addition and, when approved, authorize the Mayor and City Clerk to execute all related documents. FACTS: On May 7, the City Council received a petition requesting that Yankee Doodle Court and Kutoff Drive as platted within the Gopher Eagan Industrial Park 1st Addition be vacated to accommodate a replat into the UPS 2nd Addition. The Council scheduled a public hearing for June 4 to formally present and discuss the merits of this request. All notices have been published in the legal newspaper and sent to all potentially affected property owners and/or utility companies informing them of the public hearing. As of this date, staff has not received any objections to this request. The preliminary plat for the UPS 2nd Addition received approval from the planning commission on May 28 and will be considered by the City Council on June 4 later on the agenda. ISSUES: The City Council should consider closing the public hearing but continuing any action regarding approval of the vacation until after consideration of the preliminary plat application is held later on the agenda. If the preliminary plat is approved, approval of the vacation would be in order. If the preliminary plat is denied, the vacation should also be denied. If the preliminary plat is continued, action on the vacation should be continued until the meeting of final plat approval. ATTACHMENTS: F„a;nPPring report, graphics and legal descriptions, pages thronUS g PAN ENGINEERING REPORT CITY OF EAGAN REPORT DATE: May 29,1996 Gr REQUEST: Vacation of Public Right-of-Way/Yankee Doodle, & Kutoff Dr. PETITIONED BY: David Taylor/UPS REPORT BY: Craig Knudsen Background Yankee Doodle court and Kutoff Drive were platted as public right-of-way under the original Gopher Eagan Industrial Part 1st Addition. Although this plat was recorded several years ago, no streets or utilities were constructed within the right-of-ways. In addition, all of the 16 lots within Gopher Eagan Industrial Park 1st Addition remain vacant. In March of 1996, United Parcel Service and Chesley Freightlines proposed to replat this property as UPS 2nd Addition. This revised subdivision combines the 16 small lots into 2 larger lots both taking access from existing Yankee Doodle Road. As a result, Yankee Doodle Court and Kutoff Drive would no longer be needed and would be in conflict with the current development proposal. Therefore, the petition to vacate Yankee Doodle Court and Kutoff Drive has been submitted by David Taylor of UPS. Notifications and Responses The City has published legal notices as required in the City's legal newspaper. Additional notices were provided throughout City Departments and private utility companies. No objections or negative responses were received. Recommendation It is recommended that the City vacate Yankee Doodle Court and Kutoff Drive right-of-ways with concurrent recording of the plat, UPS 2nd Addition. R. O. W. VACATION SITE ijt�yv COID, 26 � LONE OAK �OAD - .ONE OAK Y' A] - - CO_ R0. 26 - _ - - - - , 3000 i I > r-W DRI APOLLO 1 ROAD i HWY N r >� U TA CT. `+1� � y I I 1 GELM - RD. a CO.1 EL LA. x' 1 1 RT - - - �T 3200 POLL BLIR S $ ALORN 0c P K o -� m IHLLS HLL 1 W CFL YANKEE 00 LE CT. ' 3400 ® 1 = I I Cn CA RRAGE HLLS 1, OTT R OR. i GOLF COORS£ In J. �l Iw ct 1 I �IFVIEw ,,; I T ,RK II �-•Jr vv i 9r r� ' II OA J,C LI i T 01� OPPERMAN no. II 311 w0ND NtT9EAT AK RMAN OR. > CT. G .ppp 1 � w vQ•�7� LN. � —I ---— ---- BET-tiw r --- 13--— -- r 3600 �I 0 LN. �p � GRT! AK A WE TT Q� UNCRST `Wj•�cSTATION �, C T. § qP N PARK S 1 JAY wA MUELLERr^ }CTREN � 1 ` P Aar FARM PSR q? CRBOR I �� WA I AL < J SI CTAYW 0 VERLOOK PL. SOUTH WND® O 3 4 2 S.H. WA yh CIR. I I �� • O `� V = I '-" NOT 1" 1 3 5li.I RENANDERING WALK PAR 1' ca C, I WESC ITT ROAD i n H. T rw I �Q!) r� 9FW CRM R0. I srpy.�- - - - I` V I! �r °L""' P � I R{!N B. G r P 19wr `�^ - - y . a �• LA I H ftIDLE RRIKry DGE 2 ' �J k IA —D ® 04 " THVIEw T V C fy NORI z -24 y rI 4600 // a I \ NORTNVIFw standard city Of @898!1 approved: Jam, approved: plate #. PUBLIC WORKS GOPHER EAGAN INDUS PARK 1 DEPARTMEN 1ST ADDITION LEGAL D ESCRIPTIO N RIGHT OF WAY TO BE VACATED YANKEE DOODLE COURT That part of Yankee Doodle Court, dedicated in the plat of Gopher Eagan Industrial Park 1 st Addition, according to the record plat thereof, filed on June 2nd, 1976 as Document No. 469189, which lies southerly of Dakota County Right of Way Map No. 151, according to the record plat thereof, Dakota County, Minnesota. MAP 4.) 511L PLAIN S.) LANDSCAPE PLAN \ Y / 1 Ill I I I l/ t 1 I C� N 89'29'39" E 741.9 612.3 __129 -- --.5— Z --- -- — — — — ---- �—-------- o I 50' SETBACK I n ^ o i N 89' 9'39 E L= 112.3 ----------- I - —I— r , A kE E- 100 b L E I PONo � :_ S Y N COURT 'R.O.W. To �jW DECICAIED wi GOPHER.. LAGAN I 4{^vU57RIPARK 15i ADDITIONADDITION?O I BE VACATED _ct dA.CA i TE FD � - I- r I L. L_ ` -- N L--------- II �1J r I . 1 III I 1 L0 i R/W .0 R. � BLOCK I 20' *,-II — —— — — 570.8 S 89'L '3b" N 1107.1 LEGAL DES CRI PTION RIGHT OF WAY TO BE VACATED KUTOFF DRIVE That part of Kutoff Drive, dedicated in the plat of Gopher Eagan Industrial Park 1 st Addition, filed on June 2nd, 1976 as Document No. 469189, according to the record plat thereof, which lies southerly of Dakota County Right of Way Map No. 151, according to the record plat thereof, Dakota County, Minnesota. 0 L :� �r•�PE PLAN PROPOSED ROAD ALIGNMENT 11 SUBJECT TO CHANGE '39" E 741. I c 612.3 -- — 4 — — — — — — — — — R;'VJ DEDICATED w! GOPHER. EaGAN z I —a INDLSTR!AL PARK 1ST ADDITION TO BE VACATED C. co t c6 w N I I I I " � ! KV70FF VR U FW . Iz� O.W.V N W I 8 E VACATED 0 -1- i I I 1 a � m 4 L07 W a. LCL , OD I t L J L/ I I I • a I w 11 H Y 1 \ W / ♦ 11 I ■ Fo �) L — ---_—_—_—_— — 1 536.3 / C N r ,' a Agenda Information Memo June 4, 1996 C. VACATE DRAINAGE & UTILITY EASEMENT, GOVT LOT 6 (PROPOSED SENECA HILLS ADDN) ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the vacation of public drainage and utility easements as described over Govt. Lot 6 subject to final plat approval for Seneca Hills Addition and, if approved, authorize the Mayor and City Clerk to execute all related documents. FACTS: On May 7, the City Council received a petition requesting the vacation of an existing drainage and utility easement over a portion of Government Lot 6. The City Council scheduled a public hearing to be held on June 4 to formally consider the merits of this request. Adequate replacement easements will be provided with the platting and development of the proposed Seneca gulls Addition which received preliminary plat approval on May 15, 1995. Final plat application has already been submitted and it is anticipated that final plat approval will be scheduled within the next 30 days. All notices have been published in the legal newspaper and sent to all potentially affected property owners and/or utility companies. As of this date, no objections have been received. ATTACHMENTS: Engineering report, graphics and legal description, pages through T. ENGINEERING REPORT CITY OF EAGAN REPORT DATE: May 28, 1996 REQUEST: Vacation of Utility Easements Document No's 563650, 567159, & 67160 LOCATION: Seneca Hills Addition PETITIONED BY: L.G.A. Development Group, Inc. REPORT BY: Craig Knudsen Background L.G.A. Development Group, Inc., has recently applied for final subdivision approval for Seneca Hills Addition. This applicant is proposing a 38 -unit townhome subdivision which is currently in conflict with approximately 690 feet of 15" RCP storm sewer. In efforts to resolve this conflict, the developer is proposing to relocate a portion of the storm sewer and utilize an existing wetland in the southeasterly portion of the site. In addition, all necessary utility easements and right-of-ways will be provided as a part of the final plat. Notifications and Responses Public notice for the vacation of this utility easement was published in the City's legal newspaper as required. In addition, various City departments were provided notice of the pending vacation. No objections or negative responses were returned. Recommendation It is recommended that Utility Easement Documents No.'s 563650, 567159, and 567160 be vacated with concurrent recording of the plat, Seneca Hills Addition. lql EASEMENT VACATION SITE I WATER_ TREATMENT'— r FACILITY 1, 1 CITY 96)3�`.,2a I c MAINT. _ a FACIUTY Vie, t 4 • , * 80R W,.,� Ate--• - A (I 98I i � ' s � gLACKFIA {y�, ��F� PARK � SKY HLL 18 /� � AFF j � c ! ROAD I A �/ .4. / +ti•9Q F:.p �' o iCRESTRIDGE LN. (/, /) /� � \ �`- / G � _ \ EFR PQ MONTEP.EY LN. g C, �r HAZEL vJ R0. WMRVENK PAR zlL r -9A — 40 I rl v _ a0• r 1 I a�I J,Oc ryly' SAPPOARE'�' LAA _MERAto 4 4 V j J POND 21Rcoi+ LLA ARK <III c 641 8 6.{117a f < CORAL LA. jI — CHRWAK CT. 1! � 4 � / +A 't CT. M GLORY OR BADGER cC � G %�7R a � IIG Lnap R.xri c I Ila g\ 'Al �/� /1\, H � � BEAR city of eagan PUBLIC � WORKS � D PARTME v/�9✓zCIR �=KILL. I �k SILVER �i y J � 3 �IVERT0��4� l pISADE,s�� '6 JAN CO ��ll e DR Ic / °c;PVEII. `w i � al 15 6\HfME ATHRTy I I a0 GG- SAPR E T �FLEr Rn.n �' LOCATION MAP SENECA HILLS JC err m f AK T LAKEE PL. �ACir SLACKHAWK �AfrE PARK 44 At. AJRPMY --' I DEERWOOD ,I'. --I '��J ./� :47 ", --� p ?% ,." r TAG ATE TRAIL r CARNELIAN PARK / A OWL A �.� -1 MEADOWLARK LN. 2. SKYLARK LA. /4, J. MEADOWLARK PT. .7..1 0, ,}y �,', i a. MEADOWLARK war ISLAAC PT / I1(R PT }fR PI DFFgY RROAD '7 I 71- ^\ 40 WEXF GAK TE CA vacgary C; approved: standard plate # PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects engineering EASEMENT VACATION That part of the 20.00 feet wide utility easement described in documents 563650, 567I59 and 567160 being part of Government Lot 6 and part of the Southeast Quarter of the Southwest Quarter of Section 17, Township 27, Range 23, Dakota County, Minnesota, the center line described as follows: Commencing at the southwest corner of Lot 2, Block I, Eagan -Metro Center, thence on an assumed bearing of North 0 degrees 07 54" East, along the west line of said lot, 385.74 feet to the actual point of beginning, thence North 37 degrees 38'47" West; 384.45 feet; thence North 53 degrees 31' 01" West, 291.83 feet; thence North 32 degrees 01' 13" West to its intersection with the northwesterly extension of the southwesterly he of Outlot A, Eagan -Metro Center 2nd Addition and there terminating. 2422 Enterprise Drive • Mendota Heights, Minnesota 55120 - (612) 681-1914 • Fax 681-9488 625 Highway 10 N.E. • Blaine. Minnesota 55434 - (612) 783-1880 • Fax 783-1883 q�'5 Agenda Information Memo June 4, 1996 D. PROJECT 701, SOUTH BILLS ADDN ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve/deny Project 701 (South Hills Addition - Street Rehabilitation) and, if approved, authorize the preparation of detailed plans and specifications. FACTS: • The 1996-2000 5 -Year CIP had the South Hills neighborhood programmed for consideration of street rehabilitation during 1996. On February 6, the City Council authorized the preparation of a detailed feasibility report to identify the extent of the improvements, method of financing and detailed cost estimates. • This feasibility report was presented to the City Council on May 7, 1996, and a public hearing was set for June 4 to formally present and consider these improvements. • An informational neighborhood meeting was held at City Hall on Thursday, April 11, 1996, to present and explain the details associated with this project to interested affected property owners. Copies of the minutes of that meeting are included for Council's information. • As a result of the informational neighborhood meeting, several questions were raised regarding neighborhood streetlights and garbage pickup service. Subsequently, staff distributed a survey questionnaire to all neighborhood residents. The results of that survey have been distributed to the neighborhood and are also enclosed for Council's consideration. ISSUES: The South Hills Addition is one of the first subdivisions the City has identified where the pavement condition lies within a range that could benefit from a life extending structural maintenance overlay. Subsequently, this proposal, along with the option to defer any work for several years and then proceed with a full street reconstruction at a later date, was included in the feasibility report and presented to the neighborhood. Due to the pro -active program that the City has initiated regarding street rehabilitation, it is anticipated that the majority of the future local residential streets in the Capital Improvement Program will have the option available for a life extending structural maintenance overlay vs. waiting until the pavement condition has deteriorated to the point of requiring full reconstruction. It is anticipated that the City staff will be presenting the structural maintenance program for Council consideration at the June 25 workshop session. ATTACHMENTS: • Informational neighborhood meeting minutggs, pages q(o through. • Feasibility report, pages through • Neighborhood survey summary, pages and �S Project 701 j South Hills Addition Street Rehabilitation SEH Project No. A-EAGAN9605.00 Informational Neighborhood Meeting Thursday, April 11, 1996 6:30 p.m., Council Chambers Minutes,: Attendance: Tom Colbert, Mike Foertsch, Arnie Erhart - City of Eagan Ken Meister - SEH Approximately 21 people (Mike has sign in list) I. Welcome and Introduction Mike Foertsch welcomed the residents and introduced staff people. U. Neighborhood Street Rehabilitation Tom Colbert stated that the City of Eagan started street rehabilitation in 1983. In 1989, a Pavement Management Program was developed. The City Council directed staff to prepare a Capital Improvement Program in 1990. The streets in this development are approximately 22 years old. Heavy loading during building construction, clay soils, weather and old street standards have contributed to the deterioration of the pavement. The pavement has not failed yet, and we feel that its life can be extended with an overlay. The City assessment policy is to assess 50% for overlays and 75% for reconstruction in residential areas. The appraised benefit for street reconstruction (not an overlay) is estimated between $2,000 and $3,100 for a residential unit based on experience in other areas of the City. III. Pavement Management Program Arnie Erhart stated that in 1989, Braun Intertec prepared the Pavement Management Report. Each street was rated from 0 to 100. 0-35 Reconstruction Required 36-55 Overlay 56-100 Crack filling and seal coating Neighborhood Meeting Minutes South Hills Addition April 11, 1996 Page 2 Arnie showed a maintenance graph and explained that South Hills Addition falls in the fair condition category and requires structural improvements and overlays. Within four years, the street will have to be reconstructed if nothing is done. Reconstruction has the advantage of longer life and disadvantage of more disruption. Overlay has the advantage of less disruption and disadvantage of reflective cracking. The overlay is expected to last approximately 10 years and then a second overlay may be required. Arnie showed and discussed the preliminary cost estimate for the reconstruction and overlay options. Assessable cost for reconstruction is estimated at $3,100 per lot and for overlay is $730 per lot. These are office estimates and based on construction costs experienced by the City on other projects. IV. South Hills Project Process and Schedule Mike Foertsch said that information and a response card will be sent to all residents, including a line indicating if residents attended this meeting. SEH will prepare a detailed report. Information from the response cards and report will be presented to the Council. A public hearing will be held the first week of June. The Council will decide whether to proceed with the project. Bid opening will be in late July. Construction will begin the middle of August and last three to five weeks for overlay and six to ten weeks for reconstruction. The assessment hearing will be iri 1997. Payments on assessment will be in 1998. The assessment period will probably be five years for the overlay. V. Questions/Answers A. How can residents get street lights installed? . Need to get a petition and submit it to the City. The City will include a question in the response card for street lights. B. How can the City reduce the number of garbage trucks coming into the neighborhood? . Residents in the neighborhood need to get together and contract with one or two haulers. C. How were the cost estimates determined? Using bid prices from other similar projects in the City. If bids exceed the estimate by 10%, the Council will have another hearing or rebid the project. �7 Neighborhood Meeting Minutes South Hills Addition April 11, 1996 Page 3 D. What type of rehabilitation does the staff favor? . The staff prefers the overlay because it will add structural strength to street. E. Will the manhole castings be adjusted? • Yes, to the new elevation of the street. F. Will standing water at the intersection be addressed? Yes. The existing street has lost its crown. The rehabilitation work will restore the crown and allow the water to drain to the gutters. Note: The vast majority of residents at the meeting favored the overlay option. INFORMATIONAL MEETING PROJECT NO 701, SOUTH HILLS ADDITION THURSDAY, APRIL 11, 1996 -- 6:30 P.M. NAME ADDRESS I. ,,�A-:gzett+ 2. 3. 4. 5. 1 r. r 1. mllil ' LJ s -7 6 s c 410-6-l�r 1-z'6, 13 "? % O ,5'733 S�- ��i Z- it : it, I 14. h., 16. 17. 3? 3 18. 19. 20. 039LIGM24W m ,5'733 S�- ��i Z- it : it, I 14. h., 16. 17. 3? 3 18. 19. 20. 039LIGM24W m South Hills Addition Street Improvement Report City of Eagan Minnesota City Project No. 701 SEH No. A-EAGAN9605.00 April 25, 1996 /0D South Hills Addition Street Improvement Report City of Eagan Minnesota City Project No. 701 SEH No. A-EAGAN9605.00 April 25, 1996 I hereby certify that this Report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: April 25,1996 Reg. No.: Reviewed By: Reviewed By: 12679 5 /S ate b Public Works DWf. I( Datb Nk�M Reviewed By:S F'- .4�{ ce Dept.n -t JML Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive 200 SEH Center St. Paul, Minnesota 55110 (612) 490-2000 /o/ =SEN April 25,1996 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan, Minnesota Street Improvement Report South Hills Addition City Project No. 701 SEH No. A-EAGAN9605.00 Dear Mayor and City Council: Enclosed is our report for South Hills Addition Street Improvements, City Project No. 701. The report discusses the proposed street resurfacing and reconstruction improvements. In addition, cost estimates and assessment rates per parcel for these improvements have been included. We would be pleased to meet with you at your convenience to discuss this report. Sincerely, � c enneth R. Meister, P.E. wrc SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLO MN A FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER Table of Contents Certification Page Letter of Transmittal Table of Contents Page Introduction.................................................... 1 Scope............ ........................................... 1 Feasibility and Recommendations ................................. 1 Street Evaluation ................................................ 2 Proposed Improvements .......................................... 2 Alternative No. 1 - Resurfacing (Bituminous Overlays) 2 Alternative No. 2 - Reconstruction 3 Easement/Permits............................................... 3 CostEstimate ................................................... 4 Alternative No. 1 - Street Resurfacing 4 Alternative No. 2 - Street Reconstruction 4 Assessments................................................... 4 Alternative No. 1 - Street Resurfacing 4 Alternative No. 2 - Street Reconstruction 4 Revenue Source ................................................. 5 Alternative No. 1 - Street Resurfacing 5 Alternative No. 2 - Street Reconstruction 5 Assessment Financing Options .................................... 6 Alternative No. 1 - Estimated Cost Per Lot 6 Alternative No. 2 - Estimated Cost Per Lot 6 Project Schedule - Alternative No. 1 ................................ 7 Project Schedule - Alternative No. 2 ................................ 7 South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota 03 Page i List of Appendices Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Exhibits No. 1 Location Map No. 2 Assessment Area Map No. 3 Typical Section - Mill and Overlay No. 4 Typical Section - Reconstruction South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota ov Page ii April 25, 1996 Street Improvement Report South Hills Addition City of Eagan, Minnesota Introduction As a part of Eagan's pavement maintenance program, the City is responsible for evaluating streets within the community as they approach the end of their useful life. In 1989, a Pavement Management Program was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets and schedule timely maintenance. A Five Year Capital Improvement Program for street rehabilitation was developed from this information. The streets in the South Hills Addition, located in the northwest quadrant of Wescott Road and Elrene Road have been identified for street improvements since 1993. The South Hills Addition streets are approximately 22 years old. The streets' width in the South Hills Addition is 30 feet wide (gutter to gutter). The streets in this area can benefit from structural improvements now to avoid full reconstruction in the near future. Scope This project provides for either resurfacing with subgrade correction in isolated areas or reconstructing 0.48 miles of streets in the South Hills Addition in the northwest quadrant of Wescott Road and Elrene Road as shown on Exhibit Nos. 1 and 2. Also included is the replacement of damaged curb and gutter. Feasibility and Recommendations The project is feasible from an engineering standpoint and is in accordance with the Five Year Capital Improvement Plan for the City of Eagan as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. The project can best be carried out as one contract. A-EAGAN9605.00 Page 1 0') Street Evaluation The City of Eagan Pavement Management Program allows the City to evaluate the condition of the existing street surface to schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories which define PCI rankings are as follows: M Recommended Improvement 55-110 Routine Maintenance/Crack Seal/Seal Coat 35-55 Patch/Repair and/or Overlay 0-35 Reconstruct The 1995 PCI ranking for the streets in the South Hills Addition range from 10 to 75 with an overall average of 38 and falls within the lower rankings of the "Patch/Repair and/or Overlay" category. The streets will require full reconstruction in the near future if nothing is done at this time to protect the remaining structural integrity of these streets. Therefore, two alternatives have been prepared for these streets. Alternative No. 1 will discuss resurfacing (bituminous overlays) and Alternative No. 2 will discuss reconstruction. The bituminous overlay alternative consists of milling the edge of the existing bituminous surface at the concrete gutter, leveling course and constructing a bituminous overlay over the existing surface. Isolated areas will require subgrade correction and drain pipe. The reconstruction alternative consists of removing the existing bituminous surface and aggregate base, subgrade correction, installing drain pipe, installing new aggregate base and bituminous surface. Proposed Improvements Alternative No. 1 - Resurfacing (Bituminous Overlays) The proposed resurfacing (bituminous overlays) improvements for South Hills Addition is shown on Exhibit No. 3. The existing bituminous surface will be milled adjacent to the existing curb and gutter to accommodate a 1% -inch bituminous overlay. Crack sealing, subgrade correction, patching, and leveling will be required prior to the overlay. The City's Public Works crews will crack seal prior to the start of this project. Valley gutters will be installed as necessary to improve drainage at non -storm sewered intersections. Damaged curb and gutter will be replaced if severely cracked, or settled. It is estimated that approximately 10 percent of the existing concrete curb and gutter will have to be replaced. South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota f� 6 Page 2 l./ Subgrade correction will be required in isolated areas that show extensive distress. This work involves removal of the bituminous surface, aggregate base and subcutting the street to a depth of one foot. The subcut would be backfilled with granular material and drainpipe installed where storm sewer exists. The street would be patched with aggregate base and bituminous to the existing thicknesses. The combination of crack sealing, patching, and overlay will not totally eliminate cracking because of the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. The benefit of resurfacing (bituminous overlay) is that it is a relatively inexpensive way to prevent further decay of the pavement surface, thus extending the life of the street. In addition, this improvement will create a safer driving surface, increase rideability and adds to the structural section of the street. Alternative No. 2 - Reconstruction The proposed reconstruction improvement for South Hills Addition is shown on Exhibit No. 4. The existing bituminous surface and aggregate base will be removed between the existing curb and gutter. Subgrade correction and drain pipe will be installed in isolated areas. Valley gutters will be installed as necessary to improve drainage of non -storm sewered intersections. Damaged curb and gutter will be replaced if severely cracked or settled. The typical section would consist of 6 inches of Class 5, aggregate base, 2 inches bituminous base, and 11h inches of bituminous wear. Some thermal contraction cracks will appear with this new pavement section. The benefit of reconstruction is that the streets will be new and thus have a longer life than streets resurfaced. Reflective cracking is generally delayed into the second season and is not as extensive as in the resurfacing alternative. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for either the resurfacing or reconstruction projects. South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota Page 3 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1996 construction costs and include a 10 percent contingency and indirect costs of 35 percent which include legal, administration, engineering, and bond interest. A summary of the costs are as follows: Alternative No. 1 - Street Resurfacing • Mill & Overlay ................ . ... . ......... $62,650 • Repair Existing Concrete Curb & Gutter ......... $15,100 • Subgrade Correction ......... ................ $42.525 Total ............. $120,275 Alternative No. 2 - Street Reconstruction • Streets ...................................... $156,920 • Repair Existing Concrete Curb & Gutter ......... $15,100 • Subgrade Correction .......................... $22.900 Total ............. $194,920 Assessments Assessments are proposed to be levied against the benefitted property in accordance with the City of Eagan Assessment Policy. A preliminary assessment roll is included in Appendix B. Alternative No. 1 - Street Resurfacing Residential Assessed Ratio city • Mill & Overlay 50% 50% • Repair Existing Concrete Curb & Gutter 0% 100% • Subgrade Correction 0% 100% Alternative No. 2 - Street Reconstruction Residential Assessed Ratio city • Street 75% 25% • Repair Existing Concrete Curb & Gutter 0% 100% • Subgrade Correction 0% 100% South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota Page 4 Revenue Source A summary of revenue sources is listed below: Alternative No. 1 - Street Resurfacing Project Cost Assessment Balance Revenue NO & Overlay $62,650 $31,325 ($31,325) Repair Existing Concrete Curb & Gutter $15,100 $0 ($15,100) Subgrade Correction $42,525 $0 ($42,525) Total $120,275 $31,325 ($88,950) The estimated project deficit of $88,950 will be financed by the City's Major Street Fund. Alternative No. 2 - Street Reconstruction Project Cost Assessment Balance Revenue Street $156,920 $117,690 ($39,230) Repair Existing Concrete Curb & Gutter $15,100 $0 ($15,100) Subgrade Correction $22,900 $0 ($22,900) Total $194,920 $117,690 ($77,230) South Hills Addition City of Eagan, Minnesota The estimated project deficit of $77,230 will be financed by the City's Major Street Fund. All properties (37 lots) as shown on Exhibit No. 2, abutting the street improvements are proposed to be assessed in accordance with Eagan Assessment Policy. It is proposed to assess residential property 50 percent of the project cost for the mill and overlay alternative and 75 percent of the project cost for the street portion of the reconstruction alternative. The estimated cost per lot to be assessed is listed below: • Alternative No. 1- Street Resurfacing .......... $847/Lot • Alternative No. 2 - Street Reconstruction ...... $3,181/Lot boy A-EAGAN9605.00 Page 5 Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years for Alternative No. 1 and fifteen years for Alternative No. 2 with the interest rate determined by the results of the bond sale. The following payment schedule will result based on 8.5 percent interest rate for the assessed amounts: Alternative No. 1 - Estimated Cost Per Lot $847 Principal Interest Cost Per Year Per Year Per Year First Year $170 $72 $242 Fifth Year $170 $15 $185 Alternative No. 2 - Estimated Cost Per Lot $3,181 Principal Interest Cost Per Year Per Year Per Year First Year $212 $270 $482 Fifteenth Year $212 $18 $230 South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota Page 6 Project Schedule - Alternative No. 1 Present Feasibility Report ................... .... May 7, 1996 Public Hearing .................................. June 4, 1996 Approve Plans and Specifications ................. July 2, 1996 Award Contract .............................. August 6, 1996 Substantial Completion ................... September 16, 1996 Assessment Hearing ............................ October 1996 First Payment Due with Property Tax Statement ....... May 1997 Project Schedule - Alternative No. 2 Present Feasibility Report ........... ....... ... May 7, 1996 Public Hearing .................................: June 4, 1996 Approve Plans and Specifications July 2, 1996 Award Contract .............................. August 6, 1996 Substantial Completion ...................... October 15, 1996 Assessment Hearing ............................. Spring 1997 First Payment Due with Property Tax Statement ....... May 1998 South Hills Addition A-EAGAN9605.00 City of Eagan, Minnesota Page 7 Appendix A Preliminary Cost Estimate Preliminary Cost Estimate South Hills Addition Street Improvements City Project No. 701 Alternative No. 1 - Street Resurfacing I. Mill and Overlay Item Unit Est. City. Unit Est. Price Cost Adjust Manhole Casting Each 20 $200.00 $4,000 Adjust Gate Valve Box Each 8 $100.00 $800 Mill Bituminous Surface S.Y. 3,850 $1.50 $5,775 Bituminous Material for Tack Coat Gal. 550 $1.50 $825 Type 31 Leveling Mix Ton 200 $25.00 $5,000 Type 41 Wear Course Mix Ton 915 $26.00 $23,790 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $42,190 +10% Contingencies 4,220 Subtotal $46,410 +35% Indirect Costs 16,240 11. Repair Existing Concrete Curb Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 350 $5.00 $1,750 D412 Concrete Curb and Gutter LF. 350 $12.00 $4,200 Concrete Valley Gutter S.Y. 130 $30.00 $3,900 Sod S.Y. 105 $3.00 $315 Subtotal $10,165 +10% Contingencies 1,015 Subtotal $11,180 +35% Indirect Costs 3,920 O A00'. �l3 III. Subgrade Correction (As Necessary) Item Unit Est. City. Unit Est. Price Cost Remove Bituminous Pavement S.Y. 1,510 $2.50 $3,775 Sawing Bituminous Pavement L.F. 1,355 $4.00 $5,420 Subgrade Excavation C.Y. 760 $4.00 $3,040 Select Granular Borrow C.Y. 505 $8.00 $4,040 Aggregate Base, Class 5 Ton 505 $9.00 $4,545 4' P.E. Perforated Draintile LF. 320 $4.50 $1,440 Bituminous Patching Mix Ton 255 $25.00 $6,375 Subtotal $28,635 +10% Contin encies 2,865 Subtotal $31,500 +35% Indirect Costs 11 025 ., .D- 25„ Preliminary Cost Estimate South Hills Addition Street Improvements City Project No. 701 Alternative No. 2 - Street Reconstruction Street Item Unit Est. city. Unit Price Est. Cost Adjust Manhole Cover Each 20 $200.00 $4,000 Adjust Gate Valve Box Each 8 $100.00 $800 Common Excavation C.Y. 3,000 $4.50 $13,500 Aggregate Base, Class 5 Ton 3,400 $9.00 $30,600 Type 31 Base Course Mix Ton 1,215 $24.00 $29,160 Type 41 Wearing Course Mix Ton 915 $26.00 $23,790 Bituminous Material for Tack Coat Gal. 550 $1.50 $825 Traffic Control L.S. 1 $3,000.00 $3,000 Subtotal $105,675 +10% Continaencies 10,565 Subtotal $116,240 +35% Indirect Costs 40,680 t3TAC : $15 II. Repair Existing Curb Item Unit Est. city. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 350 $5.00 $1,750 D412 Concrete Curb and Gutter L.F. 350 $12.00 $4,200 Concrete Valley Gutter S.Y. 130 $30.00 $3,900 Sod S.Y. 105 $3.00 $315 Subtotal $10,165 +10% Contingencies 1,015 Subtotal $11,180 +35% Indirect Costs 3,920 0 111. Subgrade Correction (As Necessary) Item Unit Est. Qty. Unit Price Est. Cost Subgrade Excavation C.Y. 550 $4.50 $2,475 Select Granular Borrow C.Y. 550 $8.00 $4,400 Subgrade Preparation Sta. 27 $200.00 $5,400 4' P.E. Perforated Drain Pie L.F. 700 $4.50 $3,150 Subtotal $15,425 +10% Contingencies 1,545 Subtotal $16,970 +35% Indirect Costs 5,930 0=_ Appendix B Preliminary Assessment Roll 1�7 Preliminary Assessment Roll South Hills Addition Street Improvements city Project No. 701 P.I.N. No. Lot Equivalents Alternative No. 1 Assessment Alternative No. 2 Assessment 70790-010-01 1 $847 $3,181 70790-020-01 1 $847 $3,181 70790-030-01 1 $847 $3,181 70790-040-01 1 $847 $3,181 70790-050-01 1 $847 $3,181 70790-060-01 1 $847 $3,181 70790-070-01 1 $847 $3,181 70790-080-01 1 $847 $3,181 70790-090-01 1 $847 $3,181 a 70790-100-01 1 $847 $3,181 70790-110-01 1 $847 $3,181 70790-120-01 1 $847 $3,181 70790-130-01 1 $847 $3,181 70790-140-01 1 $847 $3,181 70790-150-01 1 $847 $3,181 70790-160-01 1 $847 $3,181 70790-170-01 1 $847 $3,181 70790-180-01 1 $847 $3,181 70790-190-01 1 $847 $3,181 70790.200-01 1 $847 $3,181 70790-210-01 1 $847 $3,181 70790-220-01 1 $847 $3,181 70790-230-01 1 $847 $3,181 70790-240-01 1 $847 $3,181 70790-020-02 1 $847 $3,181 70790-030-02 1 $847 $3,181 70790-040-02 1 $847 $3,181 70790-050-02 1 $847 $3,181 70790-060-02 1 $847 $3,181 70790-070-02 1 $847 $3,181 70790-080-02 1 $847 $3,181 70790-100-02 1 $847 $3,181 70790-110-02 1 $847 $3,181 70790-120-02 1 $847 $3,181 70790-130-02 1 $847 $3,181 70790-140-02 1 $847 $3,181 70790-150-02 1 $847 $3,181 l lf Appendix C Exhibits l�� c. E Of N O 0 L 0 O Z Lu4 q En J _J 2 H 0 0 V) 3 O,p DOODLE RD. WE COTT SQUARE / WESCOTT TR. M J Q F- END ) RD. Q IVY 0 R AREA T o l 0 PKS o GREW a 2 SoN CRfs 441 d PROS ° sr S P� �� A� 2� c,,J �OWho �q rn 0 VE CT. SCO CT 00K E CT. S. HILLS LA- c')'\7 A.7 �2 WAY-, OR o J J S. Cl HILLS c T. m cn _ONY ,POINT RD. We TR. NOR OPPERM PROJECT LOCATION Ft1 D Ge - ?)'EE© D 100\�- RZ �� '33 SOON �� Rp. BR TW00 D LA. WESCOTT RD. MILL R� R o00 R��CF J J N c/R eo mm B a IPoi, � o� t L a k MILL RUN BRIOLE RI DGE �� o SR00 < J w G� NTER 1 EN Q CT. 0 CIR =pM�� sro 4Z2 v 2�, 3 C T NFBR�o oLFNI PARK OIR. GE ,off A 11EN� PENNSYL VAN/ RO cy�S Z BRg-qco qNp -off LLJ �2 q �'E oe�� cT y��'F' R. A\�� r 9��. 0o� gERlykn Q oRE WITHAM c, ATLANTIC U' a 5 qVE. �R, C�' FLOWER � Lys \� � 11-0 D a j WAY Z�,. `-) .�.L DR.w CIR. FILE N°' Y PROJECT NO. 701 �� EAGAN9605.00 UTH HILLS FIRST ADDITION DATE: EXHIBIT O..1 4/25/96 GAN, MINNESOTA NO. r —, II i i I II ASSESSMENT (NO SCALE) STONEWOOD RD. POSSIBLE SUBGRADE CORRECTION AREAS Y PROJECT NO. 701 UTH HILLS ADDITION AGAN, MINNESOTA EXHIBIT NO. 2 FILE NO. EAGAN9605.00 DATE: 4/25/9 (NO SCALE) STONEWOOD RD. POSSIBLE SUBGRADE CORRECTION AREAS Y PROJECT NO. 701 UTH HILLS ADDITION AGAN, MINNESOTA EXHIBIT NO. 2 TAPER TO 1" r: I W MILL AND OVERLAY TYPICAL SECTION 30' TYPICAL q 6'MILLED AREA i 1-1/2" TYPE 41 BITUMINOUS WEAR COURSE 1--- BITUMINOUS TACK COAT TYPE 31 BITUMINOUS LEVELING COURSE, AS NEEDED EXISTING STREET SECTION CTQGI=TC SOUTH HILLS DRIVE SOUTH HILLS LANE SOUTH HILLS WAY SOUTH HILLS COURT SOUTH HILLS CIRCLE N OTE: * CORRECT SUBGRADE AS NECESSARY. * REPLACE CONCRETE CURB AS NECESSARY. FILE NO. CIT PROJECT NO. 701 EAGAN960 0 TH HILLS ADDITION EXHIBIT DATE EAGAN, MINNESOTA No. s 4/25/ RECONSTRUCTION SECTION EXIST. D412 CONC. C&G 0.02'/FT EXISTING SECTION REMOVE EXISTING J BITUMINOUS SURFACE E i REMOVE EXISTING AGGREGATE BASE SEH TYPICAL SECTION 30' TYPICAL 0.02'/FT PROPOSED SECTION 1-1/2" TYPE 41 WEARING COURSE BITUMINOUS TACK COAT 2" TYPE 31 BASE COURSE 1 6" CL. 5 AGGREGATE BASE STREETS SOUTH HILLS DRIVE SOUTH HILLS LANE SOUTH HILLS WAY SOUTH HILLS COURT SOUTH HILLS CIRCLE FILE NO. EAGAN9605.00 DATE: 4/25/96 NOTE: * CORRECT SUBGRADE AS NECESSARY. * REPLACE CONCRETE CURB AS NECESSARY PROJECT NO. 701 TH HILLS ADDITION GAN, MINNESOTA EXHIBIT NO. 4 May 16, 1996 SOUTH HILLS OVERLAY PROJECT 701 SURVEY RESULTS A. STREET IMPROVEMENT • Did you or someone from your household attend the informational meeting at City Hall on 4-11-96? Yes - 14 No - 14 If yes, do you feel that adequate information was presented regarding: - • The present condition of your street. Yes -14 No -0 Comments: 1. Very thorough presentation 2. See attached letter The different life expectancies of your street with the overlay vs. reconstruction vs. do nothing options. Yes -14 No -0 Comments: 1. Very thorouch presentation The potential costs and financing options of each alternation. Yes -13 No -1 Comments: 1. Very thorough presentation 2. The estimate is confusing. Minutes state $730. If 10% higher, then a rebid plus 2nd mt . - FollowinQ auestion asks us to acorove 750 - 850 Based on the information you know today, do you think the City should proceed with: Overlay (Approximately $750 - $850/1ot) every 10+ years 25 Comments: 1. Same as #2 above - "The estimate is confusing........" Reconstruct (Approximately $2,500 - $3,000/lot) every 25+ years 0 Do Nothing CRoutine Maintenance" only) 3 B. STREET LIGHTS Would you like street lights to be installed at an approximate assessment cost of $400/lot and a quarterly user fee of $3.251lot? Yes - 7 No - 19 Comments: 1. Fine either waw. 2. _ Prefer install Y as many & assess $200. _ 3. It would ruin our now country setting__ 4. They should be decorative. 5. Like to look at stars at niciht without the alow from streetli hts. 6. Don't have enough information for a final opinion. 7. Many lots have adequate Yard lights. 8. I feel there are too many lights on the proposal. If a reduction to 7 from 13 1 would be willing to have lights out in the neighborhood. The costs would have to be reduced as well. 9. We installed oostlam s! 10. See attached letter. /C;? � South Hills Survey Results (Continued) C. REFUSE HAULERS How many refuse haulers do you think should serve your neighborhood? 1-2 — 15 2-3 — 2 3+ — 9 Comments: 1. 1 would be ideal so trash bins would not be a constant eye sore Monday throw - h Friday. 2. I @refer to choose my own refuse hauler. 3. _ 1 have already oined with neichbor to use same hauler. 4. 1 have contacted several haulers serving our area and will be passing this information on to the nei hborhood. 5. Competition is healthy - keeps costs_ Q market value. 6. Limiting service oloviders resultsin poor service overall. 7. Get cheapest hauler. 8. Don't know. If costs were approximately the same, would you be willing to switch haulers to reduce the total number servicing your neighborhood? Yes -19 No -8 Comments: 1. Without hesitation. 2. 1 am very haoov with the service I now receive & wish to support the local haulers over BFI. 3. Don't know - would depend on which hauler would be selected._ 4. My hauler does a great lob,- takes evervthing. I don not want to change. 5. We like Mendota Heights Rubbish - smaller company. B. Freedom of choice - ootential for loss of competitive rates. 7. However. I would exoect the cost to be lower. 8. No one is oin to dictate to me who I must use & I wouldn't presume to force someone else. • Would you be willing to be on a neighborhood committee to reduce the number of haulers in your neighborhood? Yes - 2 No - 23 Maybe -1 Comments: 1. _ 1 volunteered at the informational meeting on 4-11-96. 2. Not sure why the question came uo. D. OTHER COMMENTS 1. Is there a way to prevent use of South Hills Circle as a casual "turn -around" for Wescott Road traffic? 2. Bidding system for contracted services not effective way to keep costs low - look at Federal Govt.!!! Look at NY City!!! 3. Sell the ice arena to Day for streets! 4 What is the interest rate on the street assessment? Strongly oppose - do nothing!! TAC-q&P j701je1jb Agenda Information Memo June 4, 1996 E. PROJECT 706, WILDERNESS RUN ROADIST REHABILITATION) ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve/deny Project 706, Wilderness Run Road (Street Rehabilitation) and, if approved, authorize the preparation of detailed plans and specifications. FACTS: In accordance with the 1996-2000 5 -Year CIP, on March 19, the City Council authorized the preparation of a feasibility report to identify the scope of street rehabilitation improvements, method of financing and cost estimates for Project 703. On May 7, this feasibility report was presented to the City Council and a public hearing was scheduled for June 4, 1996, to formally present and discuss the merits of this project. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational neighborhood meeting was held on Thursday, April 18, at City Hall to present the details of this project to all interested/affected property owners. ISSUES: After staff discovered that 2 property owners were inadvertently omitted from the notification of the informational neighborhood meeting, personal individual meetings were scheduled to review the project with them prior to the formal public hearing. Although Wilderness Run Road is functionally classified as a neighborhood collector, there are several single-family residential properties that take direct driveway access. In addition, some of these residential properties share a common driveway access point. The feasibility report and presentation will address the method of determining the assessable benefit from this project to these properties. ATTACHMENTS: • Informational neighborhood meeting minutes, ages 4�Q?throughao • Feasibility report, pages/ &/_. through/S /026 City Project No. 706 Wilderness Run Road Street Resurfacing SEH No. A-EAGAN9608.00 Informational Neighborhood Meeting Thursday, April 18, 1996 6:30 p.m., 1st Floor Conference Room, City Hall Minutes Attendance: Mike Foertsch - City of Eagan Ken Meister - SEH Two Residents (Mike has sign in list) I. Welcome and Introduction Mike Foertsch welcomed the residents and introduced himself and Ken Meister. 11. Neighborhood Street Rehabilitation Mike stated that in 1989, a Pavement Management Program was developed. The City ranks the existing pavement condition of all streets within the community and developed a 5 Year Capital Improvement Program. Wilderness Run Road has been identified for resurfacing improvements. The road was built in 1975. III. Pavement Management Program Mike explained the Pavement Management Report which rates each street from 0 to 100. 0-35 Reconstruction Required 36-55 Overlay 56-100 Crack Filling and Seal Coating Mike showed a maintenance graph and explained that Wilderness Run Road falls in the fair condition category with a score of 44 which is in the Overlay category. IV. Cost Summary Mike and Ken explained how the costs were determined and the assessment policy. Five residential lots on this road were used to represent a typical assessment. Assessments for residential lots are based on one-half of a normal residential street width (32 feet) of (a7 Informational Neighborhood Meeting Minutes April 18, 1996 Page 2 N VI. which 50% of that cost is assessable. The assessable cost for residential lots is estimated at $890.00 per lot. The estimated assessment cost for the Fire Station and Dakota County Electric is $15.50/ foot and $20.70/foot, respectively. The total project cost is estimated at $257,320 of which $28,590 is assessable. Project Schedule Present Feasibility Report May 7, 1996 Public Hearing June 4, 1996 Approve Plans and Specifications July 2, 1996 Award Contract August 6, 1996 Substantial Completion September 16, 1996 Assessment Hearing October, 1996 First Payment Due with Property Tax Statement May, 1997 Questions/Answers A. Residents thought that one neighbor to the east had his/her driveway on Wilderness Run Road, but was not included. We will check this out. B. How long will the assessments be spread out? 5 years, with first payments in May, 1997. C. Their driveway does not have a good curb cut, can the City put in a new piece of driveway curb to lessen the bump? Yes, the City will review and include in the project. �aA INFORMATIONAL MEETING PROJECT NO 706, WILDERNESS RUN ROAD THURSDAY, APRIL 18, 1996 -- 6:30 P.M. NAME ADDRESS 1. n^'r' .n �.� "� IfO%i �P G��-C•1�tC�Zii :;��"��" 2. J�� 144',lMe--57'Tl'C 07 I CI 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. „samu«sHm 0 PROPERTY OWNERS ATTENDING INFORMATIONAL MEETIt -Z > 2 4 z ce W 100.09, L 111.0cma= " now 214=' 1 =-w ----1 ftw r- en.ar 6A 7 AlO Ot 17 S 12 e". < ..... S .:( P00L i.- RW 78.1x. 2 (z CU-) 10 m uX 6i 13 7 1 14 5 8f S ;M(xr 25 16 29' 736 aT 51 aS� 205 00 45 7a la.W 2W -Z-0- we 4 3S LM as", 40-001 RIF b%o.- POOL X RIN 22 20 0 21 4t in q;. " is 7 4477 RW 17 is oI ,e 41, 23 'a " " pu at le RW 79.35' 21LEC. e�ll �o 3 C." ".95, Rte, 97'RW 9 11 141 100.2P CJRVE 7 24 Im ,39.07- RW N 17 it 2, (-i'88.00, 2, 32 In: 31 'q: 30 L. 72.102• 7' 0.7a 9 , 2 _9 70-7a' j-♦ /J/ L 7- 2 < 180.09, POOL 283.61' (17 1 E a n- 3 2 3 . . ..... ' 97 Q5' 321ST NII. 2+ Z234 3 tj N1 C! 20 _22 8217' al.= 100.W n t6 RIF --or 107.11' MW 13900 37.68 '08798• q POOL POOL [;97ZW —24 RW RW lojw -P-22L_ 84.00' 74.gr 10. VILDMARK DR. g Is 67.10' 300' :131241, -Z > 2 4 z ce W 100.09, L 111.0cma= " now 214=' 1 =-w ----1 ftw r- en.ar 6A 7 AlO Ot 17 S 12 e". < ..... S .:( P00L i.- RW 78.1x. 2 (z CU-) 10 m uX 6i 13 7 1 14 5 8f S ;M(xr 25 16 29' 736 aT 51 aS� 205 00 45 7a la.W 2W -Z-0- we 4 3S LM as", 40-001 RIF b%o.- POOL X RIN 22 20 0 21 4t in q;. " is 7 4477 RW 17 is oI ,e 41, 23 'a " " pu at le RW 79.35' 21LEC. e�ll �o 3 C." ".95, Rte, 97'RW 9 11 141 100.2P CJRVE 7 24 Im ,39.07- RW N 17 it 2, (-i'88.00, 2, 32 In: 31 'q: 30 L. 72.102• 7' 0.7a 9 , 2 _9 70-7a' j-♦ /J/ L 7- 2 < 180.09, POOL 283.61' (17 1 E a n- 3 2 3 Wilderness Run Road Street Improvement Report City of Eagan Minnesota City Project No. 706 SEH No. A-EAGAN9608.00 April 24, 1996 X3 1 Wilderness Run Road Street Improvement Report City of Eagan Minnesota City Project No. 706 SEH No. A-EAGAN9608.00 April 24, 1996 I hereby certify that this Report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date:'— April 24, 1996 Reg. No.: Reviewed Reviewed �. lop Reviewed : i t I" � 1'. I A t Filce Dept. Date 12679 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive 200 SEH Center St. Paul, Minnesota 55110 (612) 490-2000 =SEN April 24, 1996 3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, ST PAUL, MN 55110 612490-2000 800325.2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION Honorable Mayor and City Council City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan, Minnesota Street Improvement Report Wilderness Run Road City Project No. 706 SEH No. A-EAGAN9608.00 Dear Mayor and City Council: Enclosed is our report for Wilderness Run Road Street Improvements, City Project No. 706. This report discusses the proposed street resurfacing improvements and presents cost estimates for these improvements. In addition, estimated assessment rates per parcel have been included. We would be pleased to meet with you at your convenience to discuss this report. Sincerely, Kenneth R. Meister, P.E. wrc SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD. MN HIPPEWA FALLS, WI MADISON, WI LAKE COUNTY. 1N EQUAL OPPO UNJ�5r3p Table of Contents Certification Page Letter of Transmittal Table of Contents Page Introduction.................................................... 1 Scope.......................................................... 1 Feasibility and Recommendations ................................. 1 StreetEvaluation ................................................ 2 Proposed Improvements .......................................... 2 Easement/Permits............................................... 3 Cost Estimate ................................................... 3 Street Resurfacing 3 Assessments................................................... 4 Residential Lots 4 City Park 5 Other Property 5 Assessment Financing ........................................... 7 RevenueSource ................................................. 8 Project Schedule ................................................ 9 Wilderness Run Road A-EAGAN9608.00 City of Eagan, Minnesota 13y - Page i List of Appendices Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Exhibits No. 1 Nos. 2 & 3 No. 4 Location Map Assessment Area Map Typical Section Wilderness Run Road A-EAGAN9608.00 City of Eagan, Minnesota f :5') Page ii April 24, 1996 Street Improvement Report Wilderness Run Road City of Eagan, Minnesota Introduction As part of Eagan's Pavement Maintenance Program, the City is responsible for evaluating streets within the community as they approach the end of their useful life. In 1989, a Pavement Management Program was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets and schedule timely maintenance. A Five Year Capital Improvement Program for street rehabilitation was developed from this information. Wilderness Run Road from Pilot Knob Road to Capricorn Court is functionally classified as a Neighborhood Collector and has been identified for street resurfacing improvements in 1996. Wilderness Run Road was constructed in 1975, and last seal coated in 1988, as part of the City's seal coating program. The street width is 44 feet wide (face of curb to face of curb). Based on the present condition of the street, seal coating would not be cost effective. Resurfacing the street will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Scope This project provides for resurfacing (mill and overlay) 0.98 miles of Wilderness Run Road from Pilot Knob Road to Capricorn Court as shown on Exhibit Nos. 1, 2, and 3. Also included is the replacement of damaged curb and gutter and subgrade correction in isolated areas. Feasibility and Recommendations The project is feasible from an engineering standpoint and is in accordance with the Five Year Capital Improvement Plan (1996-2000) for the City of Eagan as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report and combined with the Wescott Road Resurfacing Project, City Project No. 705 as one contract. A-EAGAN9608.00 �/36 Page 1 Street Evaluation The City of Eagan Pavement Management Program allows the City to evaluate the condition of the existing street surface to schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories which define PCI rankings are as follows: I Recommended Improvement 55-110 Routine Maintenance/Crack Seal/Seal Coat 35-55 Patch/Repair and/or Overlay 0-35 Reconstruct The 1995 PCI ranking for Wilderness Run Road ranges from 14 to 68 with an overall average of 44 and falls within the "Patch/Repair and/or Overlay" category (resurfacing). The existing bituminous surface will be milled at the concrete gutter and a bituminous overlay will be constructed over the existing surface. Proposed Improvements The proposed street improvements for Wilderness Run Road is shown on Exhibit No. 4. The existing bituminous surface will be milled adjacent to the existing curb and gutter to accommodate a 2 - inch bituminous overlay. Crack sealing, patching, and leveling will be required prior to the overlay. The City's Public Works crews will crack seal prior to the start of this project. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 8 percent of the existing concrete curb and gutter will have to be replaced. Subgrade correction will be required in isolated areas that show extensive distress. This work involves removal of the bituminous surface, aggregate base, and subcutting the street to a depth of one foot. The subcut would be backfilled with granular material and draintile installed where storm sewer exists. The street would be patched with aggregate base and bituminous to the thicknesses of the existing section. The combination of crack sealing, patching, and overlay will not totally eliminate cracking because of the temperature extremes experienced in Minnesota. Routine maintenance will still need to continue. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying Pavement. Wildemess Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 2 Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required of this resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 1996 construction costs and include a 10 percent contingency, and 35 percent for indirect costs which includes legal, administration, engineering, and bond interest. A summary of the costs are as follows: Street Resurfacing • Mill and Overlay ............................ $170,600 • Repair Existing Concrete Curb and Gutter ....... $23,460 • Subgrade Correction .......................... $63.260 Total ............. $257,320 Wildemess Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 3 r.� Assessments Assessments are proposed to be levied against the benefitted property in accordance with the City of Eagan Assessment Policy. A preliminary assessment roll is included in Appendix B. Residential Lots There are 10 assessable residential lots having direct driveway access to Wilderness Run Road. Assessments for the residential lots on this project are based on one-half of a normal residential width street. The City's assessment policy states that fifty percent (50%) of that cost is assessable. Frontage for five adjacent residential lots (Address numbers 1261, 1269, 1273, 1281 and 1285) on this street were used to determine the typical cost of milling and overlaying one-half of the bituminous surface width (14.5 feet) of a residential street as shown below: Item Unit Est. aty. Unit Est. Price Cost Adjust Casting Each 2 $250.00 $500 Adjust Gate Valve Box Each 2 $150.00 $300 Mill Bituminous Pavement S.Y. 370 $1.80 $666 Bituminous Material for Tack Coat Gal. 55 $1.50 $83 Type 41 Wearing Course Mixture Ton 120 $27.00 $3,240 Traffic Control (4% of Total Traffic Control) L.S. 0.04 $3,500.00 $140 4- Double Solid Line Yellow - Epoxy L.F. 555 $0.80 $444 4' Solid Line White - Epoxy L.F. 555 $0.40 $222 Bituminous Leveling Mix Ton 15 $25.00 $375 Subtotal $5,970 +10% Contin encies 600 Subtotal $6,570 +35% Indirect Costs 2,330 TOTAtI.$8;800 As stated above, fifty percent (50%) of mill and overlay project costs are proposed to be assessed. So, fifty percent (50%) of the above total is $4,450. Five lots which abut this street were used to represent a typical assessment, so the amount of assessment per lot is: Cost Per Lot = $4,450 _ 5 = $890 Total = $890/Lot X 10 Lots = $8,900 Wildemess Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 4 City Park There are also eleven residential lot equivalents that can be derived from the City Park frontage along Wilderness Run Road. By using the typical assessment rate of $890/Lot, the City Park's assessment would be: Total = $890/Lot x 11 Lot Equivalents = $9,790 Total Residential Assessment ($8,900 + $9,790) = $18,690 Other Property On the northeast corner of Wilderness Run Road and Pilot Knob Road there is a parcel which contains the Eagan Fire Department Station and the Cooperative Power Association electric substation. It is proposed that these properties be assessed based on the following costs: Item Unit Est. caty. Unit Price Est. Cost Adjust Manhole Casting Each 4 $250.00 $1,000 Adjust Gate Valve Box Each 2 $150.00 $300 Mill Bituminous Pavement S.Y. 360 51.80 $648 Bituminous Material for Tack Coat Gal. 70 $1.50 $105 Type 41 Wearing Course Mixture Ton 150 $27.00 $4,050 Traffic Control (5% of Total Traffic Control) L.S. 0.05 $3,500.00 $175 4' Double Solid Line Yellow - Epoxy L.F. 540 $0.80 S432 4' Solid Line White - Epoxy L.F. 540 $0.40 5216 Bituminous Leveling Mix Ton 20 $25.00 5500 Subtotal $7,426 +10% Contingencies 744 Subtotal $8,170 +35% Indirect Costs 2,860 TOTAL $11,030 The total shown above represents the cost of milling and overlaying one-half of the bituminous surface width (20.5 feet) for 540 linear feet. The Fire Station has frontage of approximately 135 feet, while Cooperative Power Association has frontage of approximately 405 feet. According to the City's records, the Fire Station leases property (their frontage) from the Cooperative Power Association. The City's assessment policy states that the Fire Station will be assessed at 75 percent of the rate and Cooperative Power Association property will be assessed at 100 percent of the rate for one-half of the street. Wilderness Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 5 The cost per lineal foot for assessment at a rate of 100 percent is as follows: Cost Per Foot = $11,030 _ 540 Feet = $20.43 The cost per foot for the Fire Station, which is 75 percent of this rate is: Rate of Assessment = $20.43/Foot x 75 Percent = $15.32/Foot The total amount to be recovered through assessments for this property is as follows: • Fire Station Assessment 135 Feet x $15.32/Foot ...... $2,068 • Cooperative Power Association Assessment 405 Feet x $20.43/Foot ...... $8,275 Total .............. $10,343 Total amount of assessment revenue is: • Total Residential Assessment ................... $18,690 • Total Other Property Assessment .............. $10,343 Total .............. $29,033 Wilderness Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 6 Assessment Financing The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest rate determined by the results of the bond sale. The following payment schedule will result based on 8.5 percent interest rate for the assessed amounts: Residential Lot = $890 Wilderness Run Road City of Eagan, Minnesota A-EAGAN9608.00 Page 7 Principal Interest Cost Per Year Per Year Per Year First Year $178 $76 $254 Fifth Year $178 $15 $193 Fire Station = $2,068 Principal Interest Cost Per Year Per Year Per Year First Year $414 $176 $590 Fifth Year $414 $35 $449 Cooperative Power Association = $8,275 Principal Interest Cost Per Year Per Year Per Year First Year $1,655 $703 $2,358 Fifth Year $1,655 $141 $1,796 Wilderness Run Road City of Eagan, Minnesota A-EAGAN9608.00 Page 7 Revenue Source A summary of revenue sources is listed below: Mill & Overlay Curb & Gutter Replacement Subgrade Correction Total Project Cost Assessment Balance Revenue $170,600 $29,033 ($141,567) $23,460 $0 ($23,460) $63,260 $0 ($63,260) $257,320 $29,033 ($228,287) The estimated project deficit of $228,287 will be financed by the City's Major Street Fund. Wildemess Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 8 Project Schedule Present Feasibility Report ........................ May 7, 1996 Public Hearing .................................. June 4, 1996 Approve Plans and Specifications ................. July 2, 1996 Award Contract .............................. August 6, 1996 Substantial Completion ................... September 16, 1996 Assessment Hearing ................. .......... October 1996 First Payment Due with Property Tax Statement ....... May 1997 Wilderness Run Road A-EAGAN9608.00 City of Eagan, Minnesota Page 9 Appendix A Preliminary Cost Estimate Preliminary Cost Estimate Wilderness Run Road City Project No. 706 Resurfacing Mill and Overlay Item Unit Est. aty. Unit Price Est. Cost Adjust Manhole Casting Each 8 $250.00 $2,000 Adjust Gate Valve Box Each 14 $150.00 $2,100 Mill Bituminous Surface S.Y. 6,910 $1.80 $12,438 Bituminous Material for Tack Coat Gal. 1,340 $1.50 $2,010 Type 41 Wear Course Mix Ton 2,950 $27.00 $79,650 Traffic Control L.S. 1 $3,500.00 $3,500 4" Double Solid Line Yellow - Epoxy L.F. 5,180 $0.80 $4,144 4" Solid Line White - Epoxy L.F. 10,105 $0.40 $4,042 Type 31 Leveling Mix Ton 200 $25.00 $5,000 Subtotal $114,884 +10% Contingencies 11,486 Subtotal $126,370 +35% Indirect Costs 44,230 TOTAL $1:70,600 11. Repair Existing Concrete Curb Item Unit Est. aty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 840 $5.00 $4,200 B618 Concrete Curb and Gutter L.F. 840 $12.00 $10,080 Bituminous Patch Mix Ton 10 $65.00 $650 Sod S.Y. 290 $3.00 $870 Subtotal $15,800 +10% Contingencies 1,580 Subtotal $17,380 +35% Indirect Costs 6,080 TOTAL $23,460 Ill. Subgrade Correction (As Necessary) Item Unit Est. oty. Unit Est. Price Cost Remove Bituminous Pavement S.Y. 2,300 $2.50 $5,750 Sawing Bituminous Pavement L.F. 1,445 $4.00 $5,780 Subgrade Excavation C.Y. 1,340 $4.00 $5,360 Select Granular Borrow C.Y. 765 $8.00 $6,120 Aggregate Base, Class 5 Ton 760 $9.00 $6,840 4" P.E. Perforated Draintile L.F. 500 $4.50 $2,250 Bituminous Patchin2 Mix Ton 420 $25.00 $10,500 Subtotal $42,600 +10% Contingencies 4,260 Subtotal $46,860 +35% Indirect Costs 16,400 TOTAL $63,260 Appendix B Preliminary Assessment Roll Preliminary Assessment Roll Wilderness Run Road City Project No. 706 Residential Property P.I.N. No. Lot Equivalents Unit Assessment Total 84350-010-01 1 $890 $890 84353-200-03 1 $890 $890 84353-210-03 1 $890 $890 84353-220-03 1 $890 $890 84353-230-03 1 $890 $890 84353-241-03 1 $890 $890 84352-200-01 1 $890 $890 53500-063-07 1 $890 $890 53500-051-07 1 $890 $890 53502-021-02 1 $890 $890 53500-061-07 O 5 $890 $4,450 53500-010-01 O 2 $890 $1,780 53502-012-02 O 2 $890 $1,780 53502-022-02 O 2 $890 $1,780 Total $1800. Other Property P.I.N. 10-02700-010-58 Frontage Limit Assessment Total Fire Station ® 135 75 % ($20.43) $2,068 Cooperative Power Association 405 $20.43 $8,275 Total $7.0;343 OO City Park Property OO Fire Station has Lease Agreement with Cooperative Power Association Appendix C Exhibits �s � s d Y O w ;�A FRW� CT CH ATT G� Q. � PAT `�` of ��RT 0� w J w a N J Q Q 3 Ri D G� 6 -1 Q m J J C1R J Y a ERR BLUEBERRY 0� o o RASPB ER Ci- S KNOLL z < = a � RRDIFFLEY RD. (C0. RD. 30) w LA. J UJ � �F. o d _ c SIG FRID APs ��a ST' Q LA. o (� U 19 e Y PROJECT OCK CIR. ST SIG Y or Q ; ; c e �QCATION 1�- BALSAM ul gAL Sqy p G o BAL SAM LA.Z TR- Z a -,- ST. CLEOME LA. o QQ' IySIN - )NDE ROSA� cn-` o `' �. Q Q F,�G K�� Li CIR. o COSMOS LA. BALSAM 3 z � U ,�'�Jr o 3 0 O CL WAL FRID a ST. AMAR YLLIS `'`�-� J z o 'i `i' w V) o CARLSON o ¢ a Q p� Q LA. o z Q x LAKE o z Y O =w J m � � � o _ u� z 0 < �W1�� RON ROAD W L �• '1 O r t /�� F F ANY Cc 1 L G o�9� car �/LDERNESS CV ,�- /%� LAKESIDE w cn U of 0 A LEAF J v �w `` q �N lq- SRC- Y gp,RK O z� gyp,• �_ DUN8EQ RR� Q v Y 7v� :2U PoLi r 6p 09- RD. CLIFF RD. Co--) RD. 32 w 0 ( J A��R EWS BLVD. 'O�4,Q� o RI CHARDS qM ELe'�C .2CT. ST DR. ,n o DELOR ES LA. 6� �� S = PARKRIDIJ N a Y -� HAZF �4ACHEN DR. 0. FILE N EA FILE N 8.T41�LDERNESS PROJECT NO.706 DATE: RUN ROAD EXHIBIT 4/24/96 EAGAN, MINNESOTA NO. 1 JNA I HJiVYN Orr FILE NO. EACAN9608. DATE: 4/24/96 ry 7; cn V) 'PROJECT NO. 706 DERNESS RUN ROAD EXHIBIT EAGAN, MINNESOTA NO. 2 z 0 al ry 7; cn V) 'PROJECT NO. 706 DERNESS RUN ROAD EXHIBIT EAGAN, MINNESOTA NO. 2 -T i jo Ntl►f3 A• r w LLJ 410 AtlM tl03i"�0210Ntl •! LLJ cl r"� \ c EA K VA RNES . \ ` a W 1 rn ter- f a -J < /WC �� a �•\` \ r\' W a ci Cn LL] a t04 ' Z 3NIl HC�1`dW Iy ` J 5821 C - ; !► FILE NO. PROJECT NO. 706 W EAGAN960 .00 DERNESS RUN ROAD EMEPT rA 4z/ NO. 3 96 EAGAN, MINNESOTA �= I E a TAPER TO 1-1/2" AV ffffj F.irl MILL AND OVERLAY TYPICAL SECTION 44' TYPICAL I 6'MILLED AREA T TAPER TO 1-1/2" EXIST. 8618 CONC. C &G 2" TYPE 41 BITUMINOUS WEAR COURSE BITUMINOUS TACK COAT TYPE 31 BITUMINOUS LEVELING COURSE, AS NEEDED EXISTING STREET SECTION 1-1/2" BITUMINOUS WEAR COURSE 1-1/2" BITUMINOUS BINDER COURSE 8" AGGREGATE BASE STREETS WILDERNESS RUN ROAD FILE NO.t L:�ILDERNESS i PROJECT NO.706 0 EAGAN9608. RUN ROAD DATE. 4/24/96 EAGAN, MINNESOTA EXHIBIT NO. 4 Agenda Information Memo June 4, 1996 - Eagan City Council Meeting F. VARIANCE - MEYER AND SON'S HOMES, LLC ACTION TO BE CONSIDERED: To approve/deny a 7 foot variance to the required 30 foot building setback along a public right-of-way for Lot 53, Block 1, Mallard Park 4th Addition, located at 1696 Brant Circle. FACTS: Mallard Park 4th Addition, located west of Johnny Cake Road and south of Diffley Road, received Final Subdivision on August 1, 1995. The subject lot is located on the southwest corner of Brant Circle and Gadwell Court. On the proposed lot, the applicant may orient the home to face either Brant Circle or Gadwell Court. The applicant is requesting the 7 foot variance for the proposed home to face Brant Circle. No variance would be required if the applicant were to orient the home toward Gadwell Court. The applicant is proposing a three car garage for the home. At the present time, all homes constructed in the development have built a three car garage. BACKGROUND/ ATTACHMENTS: (2) Staff Report, pages through.2. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 20, 1996 CASE #: 29-V-6-5-96 APPLICANT: Meyer and Sons Homes, LLC HEARING DATE: June 4, 1996 PROPERTY OWNER: Meyer and Sons Homes PREPARED BY: Steve Dorgan REQUEST: Variance to building setback from public right-of-way LOCATION: 1696 Brant Circle COMPREHENSIVE PLAN: D -I (Single Family Residential) ZONING: R-1 (Single Family Residential) The applicant is requesting a 7 foot variance to the required 30 foot setback for a dwelling unit along a public road right-of-way in a single family residential district for Lot 53, Block 1, Mallard Park 4th Addition (PID# 10-47253-530-01) located at Lot 53, Block 1, Mallard Park 4th Addition, in the NE 1/4 of Section 29. City Code Chapter 11, Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. W43 13 a 0 30101 ti 313 twi City Code Section 11.20, Subd. 6, requires a thirty (30) foot setback along a public right-of-way for a building in a single family residential district. /s� City Council Report - Meyer Variance June 4, 1996 Page 2 City Code Section 11. 10, Subd. 3, states that no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this Chapter without a variance. Mallard Park 4th Addition received Final Subdivision on August 1, 1995. Although the subject lot is 38,217 SF in area, approximately 13,800 SF of which is located outside of a drainage and utility easement. The lot is located on the corner of Brant Circle, Gadwell Court, and Woodgate Lane. Gadwell Court is considered the side lot line. The subject lot is 105 feet in width which is 20 feet above the standard minimum lot width for single family lots. c ply ala— On a corner lot, the property owner may orient a home so that it faces either public street frontage as long as sufficient frontage is provided. The Eagan City Code defines a Front Lot Line as: "That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street." The Front Lot Line is defined to establish side and rear yard building setbacks. The lot is currently graded suggesting the house orientation face Brant Circle. At the proposed location, the home would require a 7 foot variance to the building setback to public right-of-way along Gadwell Court. However, if the proposed home were to be oriented to Gadwell Court no building setback variance would be required. According to the applicant, the hardship for the variance is based on the construction practices in the development to build homes with three car garages. Currently, all the homes constructed in the development have built a three car garage. Also, the applicant prefers the home be oriented toward Brant Circle so that the rear of the home may receive a southern exposure and take advantage of the natural setting in the rear portion of the lot. The applicant is requesting a 7 foot variance to the 30 foot building setback to a public right-of-way along Gadwell Court, to allow a home with a 3 car garage so that the rear of the home will receive a southern exposure. If the proposed home were oriented to Goodwill Court no setback variance would be required. Recommend approval/denial of a 7 foot variance to 30' building setback along public right-of-way for Lot 53, Block 1, Mallard Park 4th Addition. /ST \ O r 0 +' i vx WA �26b iit \Y\1•• .�' '•/f Sy Ss O� \ \F .SOS f / SBero� `'� .O�'p '' �fia `R/aD• �!\ ,•yam � ,�y cv ke •� :� �• •'y'Lw ."Or,�.� I•fd •,� •�,9:• Vit"& w d•�y `�°' b , SI � �'•. 090 ', `' w0 N B [\ �pp1 20 22'9d 0'� err , • `• 20 3.�r •4 00 ' 6/ 'B� 92 y i*i Q 102 ; �2 y a`ca Ste S f r 2! �oat I IN L \ N33 'd � �' V�O� 00 0 fib! !0 b•S2 _ •BOOS '� 0j�3S/ 3 'gyp 22S �' � •+, S02 f0 bs' E 1.* gr k•00,g SI,ZD.LO,D„ m jr OAI IE bf „SILo �V \lb ' f fS''•y. 0 r 1 `I ' "_ 1 82 ')35 A 0/1 MN 30 + • � w Q tom \\\'• 62 '335 30 til 3N !t .................... ca N do. ;1 60,E 99 \ sr. LA v Jtby �—s 2 N �2� 06 • s `p • ids �, % . • %('!it ' •t"p •' � \ �1r f' . , Aoe \06999 �SJBY . v �v 0.6t. *2. T. c.. +174 07 „� �,c• l��ef0 �0 9*4 'tmP BLOC -V- EL. 94'i.3 ��•9c�•+,y �e, ' Z C� 5ASEMEWT EL. 938.5 s•o /�jt �• � Z7. C Sze �2� 44 FIN 9#(D..7 o' Aiy#9y 1 ADDRESS' aL'e4� c % f�CV ti hq'9®F Al86 / ie ✓b' 94 T' 9`fi.q,T Z• 7 2' 6 � NZ$�S7e� E 41 lb If / 1-78 H W L 9 33.1� p N 0�4 AND uTt �. N \vs tiv P Nw L.- 934, 0 1 fi in I ce L It s .o. �i � ��✓" e O Z O A, � `� gay of WRITTEN NARRATIVE OF VARIANCE REQUEST Lot 53 of Mallard Pond 4th Addition upas/will be purchased by Meyer & Sons Homes, LLC on May 17, 1996. Plans have been drafted for a 1888 sq/ft (main level) rambler with a full walkout basement. The house was designed to capture the scenic views of the natural meadows to the southwest and the man-made holding pond to the south of lot. The Mallard Pond 4th Addition consists of 67 Executive Homesites with home values above $250,000. The single family zoned vacant residential lots range in price from $46,000 to $59,000 Lot 53 is one of two priced at $59,000. Meyer & Sons Homes, LLC seeks approval by the Eagan City Council for a variance to allow the proposed house plans to be utilized. Our problem rises from the necessity to construct a three car garage because of the prevaling construction practices in the development. It is crucial that a house in a development with home values above $250,000 have a three car garage (note: all the homes currently constructed in the development have three car garages). It is because of this necessity, we request a variance on the 30' easement on the east side of lot 53 along Gadwell Court. As our survey shows our house is 23.3' away from Gadwell at the northeast corner of home and 27.6' away from Gadwell at the southeast corner of home. The garage and house areas were designed to provide further setback off of the corner of Brant Circle and Gadwell Court which is approximately 40'. The triangular traffic visibility area is not obstructed upon in the least as a result. The streets in question are private and no thru traffic will occur. We have fallen in love with this lot and have tried to design a home which will further enhance this incredible natural setting. This lot is at the top of the price scale but our house and garage sizes are towards the median range of this development. We hope to be able to put the extras inside our house; and also provide the extras in tree landscaping outside our home. We would like to provide Category B trees along Gadwell Court to foster Mallard Ponds 4th Addition desire for a natural setting. Thank you for your time and thoughtfullness in reviewing our request. We are seeking a 6.7' variance at the northeast corner of house and a 2.4' variance at the southeast corner. We truely feel this is a necessity. Please rule on an allowable variance amount on easement if our request is denied. We are awaiting results with the hopes of starting construction in June. Best Regards, Kirk Meyer Vice -President 16( SUMMARY TABLE OF SITE DATA DESCRIPTION: LOT 53, BLOCK 1, MALLARD PARK 4TH ADDITION - SINGLE FAMILY ZONED VACANT RESIDENTIAL LAND LOT SIZE: 38217 SQ/FT GROSS 13812 SQ/FT NET HOUSE SIZE: 1888 SQ/FT (MAIN) 3776 SQ/FT TOTAL GARAGE SIZE: 796 SQ/FT HOMES LOCATED ON BRANT CIRLCE OF MALLARD PONDS 1704 BRANT CIRCLE house 3727 sq/ft garage 659 sq/ft 1757 house 4236 sq/ft garage 765 sq/ft 1761 house 3524 sq/ft garage 820 sq/ft 1769 house 3859 sq/ft garage 838 sq/ft 1781 house 3787 sq/ft garage 746 sq/ft l�� Agenda Information Memo June 4, 1996 ACTION TO BE CONSIDERED: To approve or deny a one foot variance to the required 10 foot side yard setback for Lot 6, Block 2, Brittany 5th Addition, located at 4858 Sheffield Lane. FACTS: ► Brittany 5th Addition, located north of Lebanon Hills Regional Park and east of Johnny Cake Ridge Road, was platted in 1983 and the house constructed in 1984. The subject lot is located on the east side of Sheffield Lane just north of Sherwood Way. ► The applicants proposes to construct a porch addition to the rear of their home in conjunction with a garage addition and construction of a deck. ► Except for the southeast corner of the porch which encroaches into the ten foot required setback area by one foot, all other setback requirements are met for the proposed additions. ► If approved, staff recommends the variance be subject to the two conditions outlined in the staff report. BACKGROUND/ATTACHMENTS: Staff report, page4eethroughO/ Applicant's statement of hardship, page/a.2 r-- �J PLANNNING REPORT CITY OF EAGAN REPORT DATE: May 30, 1996 APPLICANT: Tim and Jo Ann Payne CASE: 33-V-7-5-96 HEARING DATE: June 4, 1996 PROPERTY OWNER: Tim and. Jo Ann Payne PREPARED BY: Pamela Dudziak REQUEST: Variance to the Side Yard Setback Requirement LOCATION: 4858 Sheffield Lane COMPREHENSIVE PLAN: D -I, Single -Family Residential ZONING: R-1, Single -Family Residential Tim and Jo Ann Payne are requesting approval of a one foot variance to the required ten foot side yard setback for Lot 6, Block 2, Brittany 5th Addition located at 4858 Sheffield Lane. The applicants are requesting the variance to construct a porch addition to the rear of their home. The porch addition is proposed along with a garage addition and construction of a deck. The southeast corner of the porch is proposed to be located nine feet from the side property line. rIA111 0 ,s:_ all) 'lip City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. 3. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or diff culty- Planning Report - Payne, 4858 Sheffield Ln. June 4, 1996 Page 2 The property is zoned R-1, Single -Family Residential, and designated D -I in the Comprehensive Guide Plan. The R-1 zoning district requires a ten foot setback from the side property line for dwelling units; decks and garages are allowed a five foot side yard setback. This subdivision, Brittany 5th Addition, was platted in 1983. The applicant's house was constructed in 1984. Brittany 5th Addition is located north of Lebanon Hills Regional Park, east of Johnny Cake Ridge Road. The subject lot is located on the east side of Sheffield Lane just north of Sherwood Way. The lot is approximately 14,750 square feet in area. The shape of the lot is such that it is narrower at the rear. The house on the adjacent lot to the south is setback approximately 27.5 feet. With the proposed addition, the resulting distance between structures would be 36.5 feet. The Payne's are proposing to construct a garage addition to their existing two -stall attached garage. Behind the garage, a four -season porch is proposed with a deck off the rear of the porch. The garage addition and the deck comply with setback requirements and the majority of the porch addition also meets minimum setback requirements. The Payne's have submitted a statement of hardship which is attached for your consideration. The lot is narrower at the rear (east) than the front (west), so constructing an addition to the rear of the existing structure results in the southeast corner of the addition encroaching on the required ten foot setback. The encroachment into the required setback was not discovered until after the building plans had been drawn and building materials ordered. The stated reasons for the variance include irregular lot shape and the additional expenses associated with new plans and building materials for a redesigned porch. The proposed additions, along with the existing structure, will not exceed the maximum allowed lot coverage of 20 percent. A one foot variance is the minimum request necessary for construction of the proposed porch addition and approval of the variance does not appear to be contrary to the intent of the Code or otherwise injurious to the neighborhood or public welfare. Planning Report - Payne, 4858 Sheffield Ln. June 4, 1996 Page 3 The applicants are requesting a one foot variance to the required ten foot side yard setback to construct a porch addition where one corner of the porch encroaches into the required setback area. To approve or deny a one foot variance to the required ten foot side yard setback for a porch addition on Lot 6, Block 2, Brittany 5th Addition. Approval is subject to the following conditions: 1. All materials, maps, drawings and descriptive information submitted with this application shall become part of this permit. 2. The exterior materials of the addition shall be architecturally compatible with the existing structure. �1 P XE JL Az I.— SUNNE PT. 12— SALEM PT. W 2.— ANNE PT. 13.— JACKSTONE PT. 3.— LUNO PT. 14.— MAROUIS PT. a.— TANA PT. 15.— TRAVERSE PT. 5.- HOMESTEAD PT. 18.- SORREL PT. x 6.- OSAGE PT. 17.- HRTA PT. v 7.- SNOwBELL PT. 18.— LISTA PT. 8.- HIDDEN PT. 19.- HORTEN PT. 9.- GRENADA PT. 20.- STAVERN PT. 10.— MARKHAM PT. 2.1.— ALTA PT. 11— THRUSH PT. `EBAN�N Nil.1-5 R��10Np,L ARK 63 cosuosl AMARYL , !S, LA W 91 of ,.A��e Lr,• I`� v CR. 38 �. W' ry ' RICHApp. S I AWJRF J � a D�CRES 1T� 1 iV LIZ WE 0. L DR: CARRIA 'I /& -7 LOCATION l °� ',� Kid/l,/Il;/f��d II .��„ `.` �` r 1_��I ;�� ti -/ . � 1//�//',�I \ , , \�.,.,�� • //j r' ��9y — \ � \ �� %�•/\ — � /'`VIII 11 _ I /�///r%� �' ��,7s�i✓ Q- -- . / ��; i � l Irk\ It IF Ov rm MEW 15 'PP\ I Y`4'rw t \�•� � � �9N,\ 'L\ \ �_ �1►1//I///�///�ra�j/�////// X99 �i//��;,,,/.� �\\� \`//•-.��1 / \� �(%� AREA MAP Wt. a &OW 188+l JACKSON - SURVEYORS m"Wral"o uke" "We of OTA" rr A Xto IA= Nth IMA IfT.MimILM062,MM 15437 727-3"4 iC isatbtftelf [trduLft #Calf: • : Iron h Q..� , -x 4 actsty JW@**" QW -0 xxisting 11.v. 4e41 ,/-� ^� x(41 LUT (0 neves• iz14r ° J ePQv�� ►.e . �' �7. v8 ?raw fib. . 1� o 32: u► 1, _ _ - �3 r ARI✓►�1 0 � _ VA IANCE A4ACENT ARop¢�, L-1 5 e`Fbac,�-�ropased . Total Lot S.F. 14,748 Ex Hse & Additions 2,250 1786 464 15.3 % Coverage hep■sed Csstso Floor Slave proposed rivot floor slMv. iii%Mtta+rsa�rnM°lf1AT'TMt Ab"M W A Ties AND ca*mW* ftAT Cr A 8UMV9T er aropeerd "$~at floor slow. Lot 61$1*ck =,1r1ttooy•5th. Addition, vsksta C.aunty.Minnesots. *....Nowa &a Guav Vea o'v Ya T4W .0.��-- �67 SITE PLAN Ic ELEVATION Go W W D N D C Q X N - N CIO LU \��\�\�\\�\ ��\\; `• �\\ � \.\�� / �-^. Nl of �, vi C7 r N CL I \\\\\ \ N \\\\ \.\\ IAJ LD x W n i X I \ '• \ \ — O U ;p X of O X 2X10 JOIST of j - \ ..` \\�\\�\\�\�\\\\\ •" WNINNc" �` IJ Vt6 O.C. I i � of )X10 /! ..0-, . .0 -.LZ .9-,Z : „0-.9 .0-.9 N c> - U — W n X N W J LW CD CL w \\�\`\ \ W / � �4Tf3�liM ♦ � 1 e o o W) ^i N ¢ 1 5a3i.:Iva zlxz W i r J • +� a 0 0 1 Q W I oI ------------- C* ssnal jooa "' T I fi o- 4860 SLIDER 4860 S DER 1 i � f FLOOR PLAN May 17,1996 City of Eagan 3830 Pilot Knob Road Eagan, Minn 55122 Eagan City Council Members: We are requesting a variance of one foot to the 10 foot easement on the south side of our residential lot in order to build a four -season porch addition, deck and third garage stall. The proposed additions are outside the easement with the exception of the southeast corner of the porch which extends one foot into the easement. The shape of our lot is the reason only one small corner of the porch is within the easement. - Our lot is a peculiar shape --wider in the front and narrower in the back descending into a natural wooded setting and pond. After visually inspecting the lot and taking measurements, our builder drew up plans and ordered 4 windows and door for the porch. He then had a current survey done and found that we would encroach into the easement by one foot. The planned dimensions of the porch are 12' x 16'. We are applying for the variance rather than shortening the length to 15' because the cost savings between a 16' porch to a 15' porch would be minimal due to the odd length, since building supplies are ordered in even lengths. So in essence, we would be paying for a 16' room and getting 15' of space. In addition, we've already incurred expenses for the plans drawn up and the windows and door ordered for a 16' wall. If this variance is denied, we will have additional expenses for new plans and windows which would cause a hardship for us. We assure you the proposed additions will be done in an architecturally pleasing manner using the highest quality of materials. The shingles, siding and paint will match our existing house. The cedar deck and redwood garage door will have a natural stain. Our house, with the new additions, will enhance the neighborhood and compliment the natural setting. It will in no way have a negative effect on the surroundings or be contrary to any City Code provisions. The adjacent property to our southern lot line is approximately 27 feet from the line so there will be sufficient space between the two structures. Also, the owners have no objection to our building project and to your granting us the variance. In addition, the sq. ft. of our existing house plus additions (2,250 sq. ft.) is equal to 15.3% coverage of our total lot sq. ft. (14,748). Thank you for your consideration and approval of this variance. Encs. Sincerely, Jo Ann and Tim Payne 4858 Sheffield Lane Eagan, Minn. 55122 Agenda Information Memo June 4, 1996 Eagan City Council Meeting � I Warrma 014151 W2,11 1767-711 Wei SO 111 ISO 11.10 WX 1=1 IN'Tei ACTION TO BE CONSIDERED To approve or deny a one-year extension for the Eagandale Corporate Center Preliminary Subdivision consisting of 20 lots on approximately 200 acres located at the northeast intersection of Lexington Avenue and Yankee Doodle Road. FACTS The Preliminary Subdivision for Eagandale Corporate Center was approved by the City Council on May 15, 1995. The original preliminary approval was given to Northwestern Mutual Life Insurance Company, owner of the property at the time of application. Maplewood Acres, Inc. is requesting this extension because of their recent acquisition of the property and their desire to have one full building season for completion of all necessary planning work required for final subdivision. ISSUES The Preliminary Subdivision was approved prior to the completion of the Centra Area Plan and the addition of the Business Park zoning district to our zoning code. In light of these two changes and fairly recent discussions regarding the increase in trucking businesses requesting Conditional Use Permits for facilities in Eagan with both the Advisory Planning Commission and City Council in late 1995 (minutes from the City Council's November 6, 1995 special meeting reflected a desire to establish a policy of limiting the location of new trucking terminals and trucking -related facilities, especially along the Yankee Doodle Corridor), staff raised the issue with representatives of Maplewood Acres about the appropriateness of allowing industrial development on this 200 -acre parcel. Extending the Preliminary Subdivision for Eagandale Corporate Center for a full year will also extend their right to develop permitted I-1 uses for that same period of time in an area where significant changes have occurred. Staff met with Dan Oren and Jack Hoeschler, Attorney for Maplewood Acres, to discuss options available to allow Maplewood Acres to move forward with development of the site and still protect the City's interest. It has been determined that a potential way to satisfy the applicant and still address City concerns may be to extend the Preliminary Subdivision and corresponding I-1 zoning for the northern portion of the subject parcel. l�� Agenda Information Memo June 4, 1996 Eagan City Council Meeting BACKGROUND/ATTACHMENTS (6) Letter of request for extension dated April 9, 1996, page 17J�� Staff background memo dated May 2, 1996, pages lsih ough ra Letter from Dan Oren dated May 28, 1996, 4e(s) —��-- Staff memo dated May 31, 1996, page (s) City Council minutes of May 15, 199 a es through �. Preliminary Subdivision Map, page Li John G. Hoeschler, P.A. APR1 O 1996 A,-rORMCY ]FMI _ _ _ _ _ 420 Pillsbury Center. 200 South Sixth Stree: Minneapolis. Minnesota 55402 (612) 337-9292 (Fax) 337-9220 April 9,1996 Mr. Mike Ridley, Senior Planner City of Eagan, City Hall 3830 Pilot Knob Road Eagm Minnesota 55122 re: Eagandale Corporate Center Dear Mike: This is to cont= my oral request on behalf of Maplewood Acres, Inc., the recent purchaser of the above referenced property, for a one year extension of the preliminary plat for that property. The original preliminary approval was given to Northwestern Mutual Life Insurance Company, our predecessor in title, last May, 1995. This request is made in light of our recent purchase and the need for one full building season for us to complete all of the necessary planning work. As you know, we have asked the City to retain SRF to prepare the Indirect Source Permit for the property. This work will be done at our cost but will take several months to complete. There are several other planning type exercises that will take up this building season if we are to be ready to start work next spring. You have indicated that a possible staff recommendation could be for a six month extension. We respectfully request that we not be so limited because it forces an unnecessarily accelerated completion of work by December, 1996, when we will not be able to start work on the ground until the following April, 1997, at the earliest. Would you please pz=nt this request to the Council for their approval at their next meeting. If they do not wish to grant a one year extension, would you please ask that the matter be set over to their next meeting so that we may appear in person. Thank you for your help. cc: Dan Oren C-NOINMMIE abu Yours very truly, n ,� I Cake _ J G. Hoeschler 1�� _ city of eagan TO: MAYOR TOM EGAN CITY COUNCILMEMBERS FROM: LISA FREESE, SENIOR PLANNER DATE: MAY 2, 1996 MEMO SUBJECT: EAGANDALE CORPORATE CENTER PRELIMINARY SUBDIVISION EXTENSION REQUEST SUMMARY OF REQ IES Maplewood Acres, Inc., the recent purchaser of the Eagandale Corporate Center property, is requesting a one-year extension of the Preliminary Plat granted on May 15, 1995 by the City Council. BACKGROUND OF ItiLQg!JELOPMENT In 1995, Northwestern Mutual Life (NWML) requested Preliminary Subdivision for the subject 200 acre parcel located east of Lexington Avenue and north of Yankee Doodle Road in the SW quarter of Section 11. The APC held a hearing on this Preliminary Subdivision request on April 25, 1995 and recommended approval of the subdivision subject to conditions. The City Council approved the Preliminary Subdivision on May 15, 1995 and that approval is effective for a one year time period. NWML also petitioned the City to prepare a feasibility report for the public improvements associated with this subdivision. The feasibility report was completed by MSA, Consulting Engineers, on September 1, 1995. The City Council held a public hearing on that feasibility report at its September 20, 1995 Council. The project was approved, but at the property owner's request, detailed plans and specifications were not ordered. The City has incurred approximately $42,000.00 in engineering fees related to this feasibility study and preliminary work on the detailed plans and specifications for the improvement project. The development will require an Indirect Source Permit from the MN PCA prior to Final Subdivision approval. NWNL authorized initial air quality monitoring and testing, but did Eagandale Corp. Center Extension Request Page 2 not proceed with the necessary modeling required for the ISP application. Jack Hoeshcler, the attorney for the Maplewood Acres, Inc., has indicated that the owner would like to proceed with the ISP application and requested that the City authorized the consultant to prepare the application. City staff is working with the applicant establish an acceptable escrow deposit agreement. Once this ISP work begins, a six month time period would be ample to complete the ISP and final plat application. i 0 - • V1, Lei a g; 14. . The property is zoned 1-1 (Industrial) and granting an extension of the preliminary plat approval would preserve the property owners right to develop the property for that period with the uses permitted in the 1-1 Zoning District. Several changes have occurred since this original approval and should be reviewed in consideration of this request. 1. Central Area Plan. During 1995, a plan for the Central Area was developed and enacted. While the NWML property is not in the Central Area it is just to the east of this "core" commercial area of the City. As defined by the plan, the Central Area encompasses the concentrated massing of mixed retail, office, service and residential uses. Uses within the Central Area node should serve the shopping needs of the community and provide significate corporate office employment base. 2. Eagan Promenade. The Eagan Promenade mixed use development located to the immediate west side of Lexington Ave was approved in December, 1995. The development consists of over 600,000 square feet of retail and 294 apartments units. The apartments are located on the eastern portion of the site in fairly close proximity to the proposed Eagandale Corporate Center. 3. Trucking Land Use Issues. During 1995 the increase of trucking businesses requesting Conditional Uses Permits for facilities in Eagan became a concern to the APC and City Council. As a result, discussions regarding the location of these facilities, their impact on the surrounding neighborhoods, and the effect of trucks on road capacity occurred at APC and City Council work sessions in late 1995. The minutes of the City Council's November 6 special meeting reflect a desire to establish a policy limiting the location of new trucking terminals and trucking related facilities, especially along the Yankee Doodle Corridor. Subsequently, this policy was applied in the denial of the application made by Hoovestol, Inc. for a truck terminal facility at northeast comer of Mike Collins Drive and Yankee Doodle in November, 1995. The location of trucking facilities continues to be a concern in 1996 and at the April 23 APC meeting, the APC made a recommendation that the City Council initiated a Trucking Land Use Study which is discussed in more detail under New Business Agenda Item M. I �l Eagandale Corp. Center Extension Request Page 3 4. Business Park Zoning District. The new BP, Business Park Zoning District in the City Zoning Ordinance was adopted on March 4, 1996. The BP zoning 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 uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to maintain high quality site planning, architectural, signage and landscape design to create an attractive and unified development character. While the zoning district was developed and specifically applied to an area bounded to 1-494, TH 55 and TH 149, it was designed to be used City wide. in discussions at the APC during the development of the new district, it was envisioned that this district could be applied to the Eagandale Corporate Center site. •&A r • 814 J 4■ It would be appropriate to consider one of the following actions regarding this extension request. 1. To approve or deny a one year (or less) extension of the Preliminary subdivision for Eagandale Corporate Center subject to the original conditions of approval (See attached City Council minutes dated May 15, 1996) and the additional condition requiring all public improvements shall be installed by the City. 2. To continue action on the extension to a specified date and initiate a rezoning of the subject property to Business Park. Lisa J. Freese, Senior Planner lig MAPLEWOOD ACRES, INC. • 800 Lone Oak Road • P.O. Box 64110 • St. Paul, Minnesota 55164-0110 May 28, 1996 Mayor Tom Egan and Council Members Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 re: Eagandale Corporate Center Dear Mayor Egan and Council Members: I am sending you this letter at the request of City staff in order to provide a written statement of what I have agreed to concerning the platting of Eagandale Corporate Center. First, I repeat my request for a one year extension of the preliminary plat previously approved for Eagandale Corporate Center. By June 4, 1996, we will have filed a complete application for final plat approval of the entire plat. Attached to this letter is a schedule showing the actions that need to be taken with respect to that process in order to complete the public improvement project within the required time. Second, I understand that you would like more time to discuss and review land use issues in the southerly portion of this plat. On the understanding that the review and approval process regarding the northern 120 acres of our land proceeds according to schedule, I am willing to agree to a delay of the final platting of the southerly portion of our property to allow you more time to consider its highest and best use. The northerly portion that would proceed immediately to final platting is shown on the attached map and includes: • All of Block 1 • Block 3, Lots 7-14 • Challenger Drive; Neil Armstrong Boulevard north of its intersection with Challenger Drive; Aldrin Circle; and Aldrin Drive. Third, if we receive the one year extension and the public improvement work for the northerly portion of the plat can be done according to the schedule, we will agree to assume the obligation of NWML regarding the $42,000 feasibility study fees for the public improvement project. Beyond these specific points, let me assure you that we share your interest in seeing a high quality development on our property, especially the southerly portion. We believe a phasing of the development will not present a problem provided work can proceed on the northerly portion. We have been told by the City's consulting engineer that the public improvement project can also be phased without significant modification or cost. We also understand that this should be able to be done without doubling up filing and other fees. We look forward to working with you over the next two months to resolve all open issues in an efficient, cost effective, and timely manner. Sincerely, --:Da_ n- Or6�aniee L. Oxen cc: Tom Hedges �f 0 cr :D LLJZED c, I 0 LL J W w �, -4 a RIM zo = _ _ _ _ ZW c .w af� v w ni CL W w O I LL- w C ¢ 0 i v a_ o N �o i V)� of J ¢ z LLJO?V) � o aw 0 s U ix V ¢ ,n m w a_ V)co W1 0 - - - 3 Uj 00 1 0 IQ (n V) a t� cv N Z 0 2 �.._. Q CL M 3 W O � 0 a �r-----\\ �w n_m a I }Q J z 1' o x w Z LO �- - �U- I o dA l O dIS �d "11�N o w cn wnU- Z co 0 LLJ 01 00 il UJ CL L- LLJ a. (n �I� ❑ c i aLOU) ma. _ w @nN2AV NOIJNIXT1 e 4.4 . _. city of eagan TO: Mayor Egan, City Council FROM: Lisa Freese, Senior Planner DATE: May 31, 1996 SUBJECT: Eagandale Corporate Center Preliminary Subdivision Extension Request MEMO BACKGROUND Maplewood Acres, Inc., the recent purchaser of the Eagandale Corporate Center property has requested a one year extension of the Preliminary Subdivision approved May 15, 1995. On April 17, 1996 City Engineering and Planning staff, the City Attorney and the owner's representative, John Hoeschler met to discuss the extension request. Issues regarding zoning and the public improvement project were identified to Mr. Hoeschler. At the May 7th City Council meeting, Gar Hoerschgen, representing Maplewood Acres requested additional time to address the issues identified in the staff memo dated May 2, 1996. On May 27th City Administrator Hedges, Senior Planners Freese and Ridley met with the property owner Dan Oren and John Hoeschler to discuss the zoning issue and subdivision extension request. At the meeting it was identified that the property owner desires to retain the 1-1 zoning on a portion of the property. Staff represented that 1-1 uses, especially the conditional uses, are a concern along Yankee Doodle Road and Lexington Avenue. The owner also expressed an interest in developing the northern portion of the property first and indicated that potential users of that portion of the property would not fit into the BP, Business Park zoning district. In response to this discussion and subsequent inquiries of the property owner, City Administrator Hedges has asked staff to investigate: 1) whether or not the preliminary plat can be extended for part of the plat and 2) whether or not the owner can consent to a review of the zoning on the property. Minnesota State Statute Chapter 462.358, Subd. 3b provides the City authority to grant or deny preliminary and final approval for parts of subdivisions. Minnesota State Statute Chapter 462.358, Subd. 3c protects the subdivider from amendments to the comprehensive plan or official control affecting use, development density, lot size, lot layout or dedication or platting requirements from the date of approval. An extension of the preliminary subdivision would extend that protection. However, the statute does allow plan amendments and official control revisions if both the subdivider and city agree to those changes. lD The property owner has sent a letter indicating a desire to retain the 1-1, Limited Industrial zoning on the entire north portion of the preliminary subdivision. They intend to Final Subdivide this property first and are willing to delay Final Subdivision of the southerly portion of the property to allow the City more time to consider the zoning. ALTERNATIVE ACTIONS TO CONSIDER: 1. To approve the extension of the Preliminary Subdivision approval for Eagandale Corporate Center for one year (or less) subject to the original conditions of approval (See attached City Council minutes dated May 7, 1995) and an additional condition requiring all public improvements shall be installed by the City. This will extend the 1-1 zoning for an additional year (or less) for the entire subdivision and no zoning changes could be made unless the property owner agrees to those changes. 2. To approve the extension of subdivision approval for all of Block 1 and Lots 7-14, Block 3, Eagandale Corporate Center for one year (or less) subject to the original conditions of approval and an additional condition requiring all public improvements shall be installed by the City. This will only extend the subdivision for the Lots that the property owner desires to retain as 1-1, Limited Industrial zoning. This option would allow the City to review the zoning and make changes without the owner's consent for the southern portion of the property. The applicant would need to submit a new preliminary subdivision for the southern portion of the property. 3. To approve the extension of the Preliminary Subdivision approval for Eagandale Corporate Center for one year (or less) subject to the original conditions of approval and the additional conditions: 1) All public improvements shall be installed by the City; and 2) The city acknowledges that the owner has agreed to an examination of the zoning for the southern portion of the site prior to Final Subdivision. This would allow the City to reexamine the zoning for the southern portion of the property, but would extend the preliminary plat for the entire site. If a zoning change were deemed appropriate, a different property subdivision may also be appropriate, but the City Could not require it under this option. The City has received communication from Maplewood Acres regarding its intentions for the development of the property and its willingness to delay the final subdivision of the southerly portion to allow the City to consider the zoning. Staff has concerns of this alternative as it relates to the protection rights under the state statute based on the letter submitted from Daniel Oren dated May 28, 1996. The City Attorney would prefer additional language that would better address the City's authority to extent the approval of the whole subdivision while at the same time reserving the City's right to consider amending its comprehensive plan or rezoning the southern portion of the property. We are working with the City Attorney's office and Maplewood Acres representatives to amend their letter dated May 28, 1996 to include the language contained in the attached memorandum from Mike Dougherty dated May 31, 1996. Staff will address this further at the City Council meeting. 4. To deny the extension of the Preliminary Subdivision approval for Eagandale Corporate Center. This would allow for a examination of the zoning on the entire property. Lisa J. Freese, Senior Planner SENT BY 612 432 3780 5-31-96 : 2:30PM SEVERSON SHELDON- 681 4694:# 2/ 2 MEMORANDUM TO: Lisa Freese, Senior Planner FROM: Mike Dougherty, City Attorney DATE: May 31, 1996 RE: Eagandale Corporate Center Our File No. 206-13001 As indicated in our discussions, I believe that while the letter of May 28, 1996, to the City Council from Maplewood Acres Inc. provides the intent of the applicant to allow the City to consider the appropriate zoning for the southern portion of the subdivision, I think the following language within a letter from Maplewood Acres Inc. would better address the item of consent with respect to the zoning issues. "Maplewood Acres, Inc. acknowledges that Minn. Stat. §462.358, Subd. 3C provides that for a period of one year following preliminary approval of a subdivision, unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication of platting required or permitted by the approved preliminary subdivision. As to the [southern portion of the property] Maplewood Acres, Inc., in consideration of the extension of the preliminary approval of Eagandale Corporate Center subdivision, does hereby waive its rights under Minn. Stat. §462.358, Subd. 3C. Maplewood Acres, Inc. does hereby consent to the review of the zoning for the [southern portion of the property] and does acknowledge that any time following the extension of the preliminary approval for Eagandale Corporate Center, the City may amend its comprehensive plan or rezone the southern portion of the property and apply to or affect the use, development, lot size, lot layout, dedication or platting of the [southern portion of the property]." I think this language would serve the purpose of giving the City the authority to extend the approval of the whole subdivision of Eagandale Corporate Center, while at the same time with the consent of the applicant, reserve its right to consider rezoning the southern portion of the property. If you have any questions, please give me a call. MGD/wkt (fG LkCAX CT1' g(JNCJL MINUTES: MAY 11, Ing PACE 17 IS. Tree protective measures are required a.e. 4' polyethylene }aminate safety noting) to be Installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greatar, of the significant treesMvoodlands to be preserved. 18. The devefocxr wilt be required to cantact the C,ty Forestry Division at Isar# flue drys prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Pt" 17. An individual lot Tree Preservation Ps.an will be required for Lot 4 of fhb deveiopment at time of grading/building permit appiicadon. 18. The subdivision shall be platted. Aye: S Nay: 0 Mayor Egan welcomed the Old County Buffet to the community..': PRIgL-1�1t>144RY S L>riRC►>�A1~E'I ma y Alter introductions by Mayor Egan and Administrator fledges, Ccmnwruty Devefoprnent Direr Reichert gave a staff report. Some discission fbilawed concerning prods for this property. Hunter srsoved, Masin seconded a motion to approve the preliminary subdivision for Eagandale Corporate Center Addition, in the south had of Sermon 11, subjec: to the following conditions: 1. Standard conditions of plat approval Al, 81, 82, 33, 84, C1, CZ, C3, C4, 01, F1, F1, G1 and Hi as adopted by Council action on February Z, 19V3. 2 An ISP shall be obtained by the applicant, witch review and input by the City, prior to c.'ty Council action on the final subdivision. I A variance to allow a SO' rrdnimum depth for landscaped yards butsd across the str*at ftm an 'R', W, or 'P' District shall be approved by the Clty Council. 4. Individual tit development plans 311811 be subject to an admirftftdve site plan review and approval. S. Detailed pians and spec flcations of the proposed retaining wall construction shall be submitter! prior to Ctly Council aeon on the Final Subdivision. , 5. The proposed vac ation/estansfon of Aldrin Drive issue shad be res0k*d prior to City Council ac ocn on the Final Subdivision. 7. The signaftation of the Neil Arrnstrong1Gott Mew - Yankee, Doodle Road Intersection shall be resolved prior to City Council action on the final subdivision. 8. Th* wed2rcd replacaement plan for the development shat) be ais'Ix' V@d, auk to the folleowing conditions: a. Trees 6756, 758, 761 and 770 in the tree inventory for the site shall be preserved by reorienting Ponds C-ZA and C29 to the north and east. a 7 1EA"N CITY =IJN" MINUTES; MAY 15. 1995 PAG1; IS b. The proposed .8 acre wetland mitigation area due eas; of DNR Protected Water #135 shad be relocated to avoid impacts to oak trees. C. The Qty will reserve the right to modify the wetland replacement pian based on changes in the Wetland Conservation art made by the 1995 4gisiature (which win be !grown in May 1995). Modification can be made ony to the extent necessary to accommodate elimination -- of tree -related impacts associated with up to .S acres of replacement werland. d. No grading shalt be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E, except for up to a total of 450 lineal feet along the south and of Wetland Basin A (tor mad construction) and north end of Wetland Basin E (for detention basin construction). The 30 foot wide area will be managed to support natural vegetaticn and shag be ieR' unmowed. This area shag be dearly marked on both the grading plan and In the Heid prior to any grading activity. e. At leant .5 eves of replacement wetland shag be established as forested wetta,nd through the planting of tree and shrub species compatible with seasonally saturated soils. The number and types oftrees piarited shag be based on those shown on the Use lnvantory which will be removed by tsInng of Wetland Basin G. f The pond Level bounce for Pond OP -11 (Wetland Basin A) should be 3 feet or fess for a IG. year storm event and 2 feet or less for a _-year storm event. g. The developer shag submit for review by the water rsscure" eoo,canator detailed puna regarding the grading forwetland replacement and ponding areas, inc k ding w as of hydric soil placement and a vegetation planting plan. The pian must be approved by staff before any grading plan application for the site is submitted to the City. 9. The developer shag provide tree protection measures (i.e. 4 foot polyethyiene'laminate safety netting) to be installed at the Drip Line or at the perimeter of the Citical Root Zone, whichever is greater, of the significant treesilvoodiands to be preserved. 10. The developer shad contact the City Forestry Division at least five days priorto any site grading to ensure eompgancs wish the approved Tree Preservation Plan. 11. This subdivision is subject to a cash park and trail dedication. . 12. Issues regai%ing additional 'spedmen'trea preservation and possible ash paridanddedication credit for a public connection between the two DNR waterbodles and other potential public eve' areas shag be resolved prior to City Council action on the final subdivision. 13. The developer shad plat the property. Aylet 3 Nay: 0 PRELIMINARY SUBDIVISION • EAGANDALE CENTER INDUSTRIAL (PARK NO. 12 t After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert pave a staff report. Wachter moved, Awada seconded a motion to approve the Preliminary Agenda Information Memo June 4,1996 Eagan City Council Meeting ;09 MCI 113 1 a IN • ACTION TO BE CONSIDERED To approve or deny an Amendment to the Conditions of Approval, Apollo Addition Preliminary Subdivision, located at 900 Apollo Road, just south of the Apollo Road/Lunar Lane intersection and west of Mike Collins Drive. FACTS The two -lot Preliminary Subdivision was approved by the City Council at its meeting of July 18, 1995. The Preliminary Subdivision is subject to 12 conditions of approval. Condition #6 requires the developer to upgrade all parking and staging areas to current City standards. ISSUES After further study and preparation of final plans, the developer revealed that bringing the existing parking and staging areas up to current City standards by installing curb and gutter around the concrete and bituminous surfaces on the southwest and east sides of the site would require large portions of additional fill that would compromise the existing drainage and be cost prohibitive to the development of the new parcel. Future expansion of the existing 300,000 sq. ft. building would likely impact any new curb and gutter improvement. Through meetings with the developer and review of correspondence, staff has prepared the attached memo that lists three options available to the City Council regarding this issue. BACKGROUND/ATTACHMENTS (4) May 2, 1996 Letter from R.J. Johnson Company, page -5 -- May 31, 1996 memo from Engineering Department, page Conditions of Approval in City Council Minutes of July I& W95, pages 4rdthrough PL. Map of Apollo Addition Preliminary Subdivision, page / ?D 612 341 3240 MAY. -30' 96(TH1) 14:41 PHILLIPS-KLEIN ,j J011141 CU�4P.�riY May 2, 1996 VIA U.S. MAL SERVICE Mr. Mike Ridley Senior Planner City Of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Apollo Subdivision Preliminary Subdivision Conditions Eagan City Council Minutes - July 18, 1995 Dear Mike: TEL:612-341-3240 Please let this letter serve as the request of the applicant, R.L. Johnson Company, to delete condition #6 of the above referenced city council minutes. This condition states that "the developer shall upgrade all parking and staging areas" which we understand to be a request to install curb and gutter on the site of the existing building. After further study, we have found compliance with this request to have truly negative ramifications for both the existing and proposed developments. P. 002 PRINCIPALS IN REAL ESTATE SINCE 1063 DEVELOPMENT CONSTRUCTION LEAS NO MANAGEMENT Due to the very flat nature of the site, installing curb and gutter on the existing site would require excessively large portions of additional fill and sod which would' 1) disturb the drainage of the existing site; 2) be cost prohibitive to the development of the new site; and 3) pose a problem to the owners of the existing building who told us they plan to expand their building largely in the direction of the proposed upgrades. Therefore, we respectfully request that you omit #6 as a condition precedent to receiving subdivision and conditional use permit approval. Thank you_ Best Regards, Jy/ R.H. (Robb) Johnson, CCIM President c: Dave Constable, A.I.A., DCA Architects 19( 701 DECATUR AV. 1, SUITE 61 MPLS- MN ]5i TEL 612.541.16" FAX- 612 563.23! DATE: May 31,1996 RE: Apollo Addition - Applicant's Request to Delete Condition of Preliminary Plat Approval Regarding Upgrade of Existing Parking/Staging Areas In response to the applicant's request to delete the condition of preliminary plat approval to "upgrade the existing parking and staging areas to current City standards" of the above - referenced subdivision, engineering staff has reviewed the rationale behind this condition(Condition 46) in the staff report dated June 27, 1995 and approved by the Council July 18, 1995. Background During Site Visits prior to preparation of the staff report, areas of disturbance created by vehicle traffic on the green areas off of the paved surfaces surrounding the existing Anchor -Hocking building were identified by staff. The condition was included for curb and gutter to be constructed around the existing paved surfaces to delineate the edges of the parking and staging areas and minimize the amount of vehicle traffic leaving the hard surfaces and creating ruts in the green areas. Another benefit of curb and gutter is to direct storm water runoff in a controlled fashion to a storm sewer pipe or overland swale, although the present sheet drainage runoff is not causing erosion problems on-site. This upgrade condition is "standard" in this type where new development is proposed on a site where the existing parking or staging areas are not improved to City standards. Existing Condtions The attached sketch depicts the areas of disturbance off of the existing paved surfaces. As shown on the sketch, none of the disturbed areas extend far off the paved surfaces(max. 6 feet) but are evident nearly the entire lengths of the parking/staging areas; particularly near the Anchor/Hocking loading docks where truck turning movements are prevalent. Storm water runoff presently sheet drains to the rail spur line south and east of the existing building and eventually to MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN, COACHMAN POINT 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 1 � V ` TDD: (612) 454-8535 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members MEMO THOMAS HEDGES City Administrator TO: Tom Colbert, Public Works Director E. J. VAN OVERBEKE City Clerk FROM: John Gorder, Design/Development Engineer DATE: May 31,1996 RE: Apollo Addition - Applicant's Request to Delete Condition of Preliminary Plat Approval Regarding Upgrade of Existing Parking/Staging Areas In response to the applicant's request to delete the condition of preliminary plat approval to "upgrade the existing parking and staging areas to current City standards" of the above - referenced subdivision, engineering staff has reviewed the rationale behind this condition(Condition 46) in the staff report dated June 27, 1995 and approved by the Council July 18, 1995. Background During Site Visits prior to preparation of the staff report, areas of disturbance created by vehicle traffic on the green areas off of the paved surfaces surrounding the existing Anchor -Hocking building were identified by staff. The condition was included for curb and gutter to be constructed around the existing paved surfaces to delineate the edges of the parking and staging areas and minimize the amount of vehicle traffic leaving the hard surfaces and creating ruts in the green areas. Another benefit of curb and gutter is to direct storm water runoff in a controlled fashion to a storm sewer pipe or overland swale, although the present sheet drainage runoff is not causing erosion problems on-site. This upgrade condition is "standard" in this type where new development is proposed on a site where the existing parking or staging areas are not improved to City standards. Existing Condtions The attached sketch depicts the areas of disturbance off of the existing paved surfaces. As shown on the sketch, none of the disturbed areas extend far off the paved surfaces(max. 6 feet) but are evident nearly the entire lengths of the parking/staging areas; particularly near the Anchor/Hocking loading docks where truck turning movements are prevalent. Storm water runoff presently sheet drains to the rail spur line south and east of the existing building and eventually to MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN, COACHMAN POINT 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 1 � V ` TDD: (612) 454-8535 Pond EP -2 east of the site. This sheet drainage has not caused any erosion problems between the building and the spur line. Another condition of preliminary plat approval- to which the developer has agreed- is the construction of a storm sewer system off-site from the railroad spur line to Pond EP -2 to minimize erosion in that area. Options Three options for the Council to consider on this matter are as follows: 1) Leave the parking/staging areas in their present state. 2) Expand the paved surfaces- without concrete curb&gutter and storm sewer -to include the above-mentioned areas. The placement of parking barriers along the edges of the paved surfaces could be placed to delineate the parking/staging areas from the green areas. Storm drainage patterns- sheet drainage to the south and east toward the spur rail line - could be maintained as is with this alternative. The applicant has expressed a willingness to consider this option. 3) Upgrade the parking/staging areas to City standards. P 3 t � �1 EAGAN Cr Y COUN01. MINUTES: JULY 18, 1995 PAGE B 1. The developer shall comply with standard conditions of plat approval Al, B 2, 94, C1, C2, C3, C4, 01, E1, F1, G1 and H1 as adopted by Council on February 3, 1 2. The developer shall plat the property. 3. The developer shall be Responsible for preparing and rec ng with the plat, appropriate documents establishing a homeowner's association. The currents must be submitted and approved by the City Attorney's office prior to final su ion approval. Transfers of common areas to the homeowner's association shall be reco with the plat 4. The developer shall construct additional cat sins now the entrance to the development. 5. The developer shall provide detailed specifications for the retaining wall construction. 6. The developer shall provide s to prevent erosion from occurring Into gaff Lake and off site. 7. The developer shall delink the buffer area from the lake as a permanently protected area on the grading plan. & The developer sbg mark, in the field. the limits of this buffer area prior to any site grading, 9. ;by e level r shall prepare a private Ingress/egress document to be reviewed and approved the Attorney's Office prior to Council action on the final subdivision. The developer shall Spoe private ingress/egress easement with the plat developer shall pay a cash water quality dedication. 11. The developer shall be responsible for providing access to the exception parcel (Boesel Farm). PRELIMINARY SUBDPASION AND CONDITIONAL USE PERMIT - R. L JOHNSON After a brief introduction by Administrator Hedges, Community Development Director Reichert gave a staff report Rob Johnson, of R. L Johnson Company, urged Council approval. Hunter moved, Wachter seconded a modon to approve the preliminary subdivision for Apollo Addition, subject to the following conditions: - 1. The developer shall comply with standard conditions of plat approval Al, 81, B2, B4, C1, C2, 04, D1, E1, F1, G1 and H1 as adopted by Council action on. February 3, 1993. 2 The developer shall plat the property. 3. The developer shall revise the grading plan to Incorporate a larger on -Otte storm water pond or a drainage pian that catches the runoff between Lots 1 and 2 and routes K to EP -1. 4. The developer shall extend the existing culvert pipes to a point at the nominal water level of Pond EP -1. 5. The developer shall provide detailed plans and specifications for any retaining walls to be constructed. 6. The developer shall upgrade all parking and staging areas to current City standards. UUN CITY CCUNCL MINUTES: JULY 18, 1945 PACE 7 7. The developer shall prepare a primate ingress/egress document to be reviewed and approved by the City Attomey's office prior to Council action on the final subdivision. The developer shall record the private ingress/egress easement with i the plat 8. The developer shall work with staff to determine appropriate off-site planting locations for approximately 100 of the mitigation trees required by the City's tree preservation guidelines. 9. The developer shall provide tree protective measures installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of the significant trees/woodlands to be preserved. 10. The developer shall contact the City f=orestry Division at least five days prior to any site grading to ensure compliance with the approved tree preservation plan. 11. The developer shall be subject to a cash park, trall and water quality deditation. 12 The developer shall revise the landscape pian to incorporate landscaping for the entire subdivision. Aye: 5 Nay. 0 Hunter moved, Wachter seconded a motion to approve a conditional use permit to allow storage of semi-trar7ers on a portion of Lot 1, Apollo Addition, subject to the following conditions: I. This conditional use permit shall be recorded with the plat at Dakota County. 2 Outdoor storage shall be limited to semi -traders. 3. The storage area shad be screened from Apollo Road. 4. The outdoor storage of semi -traders shall be discontinued upon the termination of Anchor Hocking's interest in the property or the assignment or subleasing by Anchor Hocking of more than 20,000 square feet of the existing space within the building located at 900 Apollo Road. Aye. 5 Nay. 0 �� cgs.";-ifr,�L 4 _ � ��s w ,1 .rte. fr-ice ��. ��► Coundimember Masin gave an update on the *recent Dakota County League of G fir meeft Mayor Egan meted the Council on the status of the Livable Communities Ba on followed on affordable housing. Administrator Hedges reminded the Councii of the M.M. and M.LC. meetings, noting that Mayor Egan Is being nominated for president of the M. a also now two will be an executive session following this meeting. Uftf2I!;fty11 M tines. Awada achter seconded a motion to set speciai CouncD meetings for August 1 at 4:00 p.m and at 5.00 p.m. Aye: 5 Nay: 0 Sradinrg Permit LuO lndusyWs. (Since neither of the affected property owners were preseM the agenda was suspended to and Table to allow more time for them to be In attendance for this Item.) closure of Dodd Road. He noted Dodd Roadis open �• 1 f! ow,.�r,.wr, s�;/c 1 I i 1 I I i i � I� -� f >P O• O• '1: .:iii . I N •,•:x � Illlili IIS, I �� l�� i Q r O YY..t. N ,YW YYLI _ if �• 1 f! ow,.�r,.wr, s�;/c 1 I i 1 I I i i � I� -� f >P O• O• '1: .:iii . I •,•:x � Illlili IIS, I �� l�� i Q r ,.. _ if Agenda Information Memo June 4,1996 Eagan City Council Meeting ACTION TO BE CONSIDERED To approve or deny a re -approval of Norwest Third Addition Preliminary Subdivision consisting of one 2.8 acre lot located east of Pilot Knob Road and north of Yankee Doodle Road. FACTS On November 2, 1993, the City Council approved a Preliminary Subdivision for Norwest Third Addition. The applicant never proceeded with the Final Subdivision of the property and as such, the Preliminary Subdivision approval expired on November 2, 1994. The planned medical building on this site didn't materialize. In view of the fact that the roads and utilities to serve the site (regardless of the development) remain unchanged, Mr. Gene Happe of EFH Company is requesting that the Preliminary Subdivision be extended through a re -approval to allow for a Final Subdivision request to move forward. Mr. Happe intends to move forward with a revised development proposal that will likely consist of a hotel. Staff has reviewed the status of the Conditions of Approval that were imposed in 1993 and find that they are still adequate, although final details will be worked out as part of the Final Subdivision. BACKGROUND/ATTACHMENTS (2) May 21, 1996 letter from Gene Happe, page . Site location map, page. luth EFH CO. General Contractor May 21, 1996 Mr. Mike Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122-1897 Re: Preliminary Plat --Norwest 2nd Addition Dear Mike, 1601 E. Highway 13 Suite 204 Burnsville, Minnesota 55337 612-890-6450 612-890-5476 Fax This letter responds to our meeting of May 15 regarding the reopening of the preliminary plat for the above mentioned addition. We received preliminary plat approval at the time we were planning the medical building which didn't materialize. In view of the fact that roads and utilities remain unchanged, I am requesting that the preliminary plat be extended to allow for final approval of the plat without the six month approval process. Please advise if you need any additional information. , Yo`urs truly,. �y'"Gene F. Happe "Ju RECEIVED May 3 1 ".Jqt X m v m O Ob 80NN 10'lld o P+it�y-!• �llr�t•rFlty�3 =� ^-1�' -_- - :.� �F A* ,*. � -.',• e,Up � `. `; a� � •ill _` - i 'r: •JIB �� _ _ ,t � , r � a "i .� r �/ i � �- �•� � fl •� � . If I�11,^ L,•••• � rn �- �; ��- =�. l •.V1�,` .:. ` / Y , ♦ a a • i �{s�+Jj • ,�y } tom' t �r �_ V m > Ll l r It T. 17 � - . � 11 ::.�� X11 t I •,.. < �, �• ryr'' ,l �� .3A. IVIIV 1 G \ IVVIV�1 `�`��``.•.` �I r• - �,� PW \ VVI �� .`i '�'. •.: `. , .. �. X111. � /� � `\ 1 / / � 1 / :.11 \V \ ccP;• � 11. � I •� � UZ 'Al et � If11g1, !r 1 \ 1 , IV,• s 1',,, 1 V,il •, ,'rte � � ,\. �.:\\ ` • f 1 t•1• \ � 111' l �� •.V \, � � � ..+:: ��`•^i�"• •:1V1 . t ..`V�1PIr1 I 1•,V` 0 Vl I� / 1 �- - - r T `• 1 7'.f. ``� �.T�z -. •O�':,.�I.• V J'� it^I'. I% ool tI� �1. ,,,• ., . ;,::.'�� _ � -,. moi. 1 . -� -� ;Y.. 1 . _ . 1 .1 • . Agenda Information Memo June 4,1996 Eagan City Council Meeting ACTION TO BE CONSIDERED To approve or deny a Resolution Adopting The Action Plan for the Dakota County Cluster, including the attachment for the City of Eagan. FACTS • The City of Eagan is a participating community in the Metropolitan Livable Communities Act. In December 1995, the City Council adopted a housing goals agreement. In that agreement, the City identified its intent to participate in the Dakota County Housing Cluster for the purpose of preparing an action plan. • The City is required to prepare and adopt an action plan by June 30, 1996 as a part of its participation in the Metropolitan Livable Communities program. • The Dakota County HRA has coordinated a cluster plan with ten Dakota County communities. The staff from each participating community has drafted an action plan attachment for the plan. The elements of the City attachment are outlined in the attached staff memo. • The Advisory Planning Commission reviewed the action plan and the Eagan attachment at its May 16, 1996 workshop. The APC unanimously recommended approval of the action plan for the Dakota County Cluster and the City of Eagan action plan attachment. BACKGROUND/ATTACHMEh"TS: (2) Resolution, pagea�w. Staff memo dated May 10, 1996, page*,,�C�3througil22�.( Action Plan for the Dakota County Cluster dated May 1996, page,) througk-e�- �D/ RESOLUTION NO. CITY OF EAGAN ADOPTING THE ACTION PLAN FOR THE DAKOTA COUNTY CLUSTER WHEREAS, the City of Eagan (the "City") is participating in the Metropolitan Livable Communities Act as exhibited by City Council Resolution No. R95.80; and WHEREAS, the City has negotiated and adopted affordable and life -cycle housing goals in accordance with the Metropolitan Livable Communities Act; and WHEREASthe participating communities are required to submit to the Metropolitan Council by June 30, 1996, an Action Plan identifying the actions it plans to take to meet these goals; and WHEREAS, the Metropolitan Livable Communities Act permits communities to enter into agreements with adjacent municipalities to cooperatively provide affordable and life -cycle housing to meet the combined housing goals of each participating municipality; and WHEREAS, the City has agreed to participate in the Dakota County cluster in cooperation with the Dakota County Housing and Redevelopment Authority for the purpose of preparing and implementing the Action Plan goals. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF EAGAN hereby adopts the "Action Plan for the Dakota County Cluster," including the "Attachment for the City of Eagan"; and BE IT FURTHER RESOLVED, the City Council directs staff to work with the staff of the Dakota County Housing and Redevelopment Authority to submit the "Action Plan for the Dakota County Cluster" to the Metropolitan Council by June 30, 1996. Motion made by: Seconded by: Those in favor: Those against: By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of February, 1996. E. J. VanOverbeke, City Clerk 10M MEMO — city of eagan TO: Mayor Eagan, City Council FROM: Lisa Freese, Senior Planner DATE: May 30, 1996 SUBJECT: Livable Communities Act Action Plan for the Dakota County Cluster BACKGROUND The City of Eagan is a participating community in Metropolitan Livable Communities Act. In December 1995 the City adopted a housing goals agreement. In that agreement the City identified its intent to participate in the Dakota County housing cluster for the purpose of preparing an action plan. REVIEW OF ACTION PLAN The proposed Action Plan is attached. The plan outlines the programs currently offered by the County as well as the efforts anticipated to be undertaken in the next five years by the Dakota County HRA. A five year time frame was selected to coincide with other housing plan activities required for the federal HOME and CDBG Programs. The Action Plan will be updated on an annual basis. The HRA will be meeting quarterly with all communities participating in the cluster to measure progress being made toward the goals identified within each communities Housing Goals Agreement. Ten Dakota County communities are participating in the cluster. The staff from each participating community have drafted an action plan attachment for the plan. Each community was asked to respond to the following: 1. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? The City's response is quite similar to the Housing Goals Agreement that the City adopted in December 1995. 2. What has the community done already to encourage the availability of affordable and life cycle housing? This section overviews the various activities and programs that have contributed do3 to the City's affordable and life cycle housing supply such as Oak Woods senior housing, Oak Ridge Family housing, housing rehabilitation with CDBG funds, single family mortgage bonds, and flexible design standards through the Planned Development Process. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? This section indicates that the City intends to take certain actions over the next five years to encourage the availability of affordable and life cycle housing. These actions include 1) supporting the development of a diverse and balanced housing supply through its Comprehensive Plan update, especially with regard to its vacant land supply; 2) working with the HRA to sponsor programs aimed at the first time home ownership, home rehabilitation and other mortgage programs; 3) reviewing the R-1 single family lot standard as it applies to homes constructed prior to the establishment of the zoning standard and consider developing a new small single family minimum lot size with associated setbacks for these existing, developed neighborhoods; 4) work with HRA to determine appropriate sites for scattered site and small scale affordable rental developments; 5) set aside funds for phase II of Oak Woods Senior Housing; 6) encouraging innovation and flexibility of residential development through the use of the Planned Development zoning process; and 7) participation in the Cluster Action Plan with the HRA . The Livable Communities Act requires the development of action plan by each participating City. Action Plans can be developed for clusters of communities. It is not required that the action plan become part of the City's Comprehensive Plan, therefore, a public hearing is not required. The Advisory Planning Commission reviewed the proposed Action Plan at their May 16, 1996 workshop and recommended approval of the Dakota County Cluster Action Plan and City of Eagan attachment. It should be noted that the APC members did express continued concern about the required goal ranges and that it seems unrealistic for the City to achieve them. ACTION TO BE CONSIDERED A motion to approve/deny a resolution approving the "Action Plan for the Dakota County Cluster" and "City of Eagan Action Plan Attachment" for the Metropolitan Livable Communities Program. Lisa J. Freese, Senior Planner PROPOSED PROPOSED MIETROFOLiTAN LIVABLE CONMUNIMS ACT ACTION PLAN FOR THE I A 'OTA COi7ATI'Y C TE By: WkOU Coe nq Houft and Redcvdopmeat A,udwrtty 24% 165th StrW West Ramat MN SSW (612) Msy 196 IIV'I'RODUCTIONT The Metropolitan Livable Communities Act requires that participating communities adopt housing agreements and establish an action plan for housing activities to be undertaken. Housing Goals Agreements have been adopted in the following Dakota County communities: Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake, and West St. Paul. In Dakota County, there exists a county wide housing and redevelopment authority which addresses the public sector affordable housing concerns in most communities throughout the county. These participating Dakota County communities are working together to enter into a cluster for the purpose of utilizing one action plan prepared and administered by the Dakota County Housing and Redevelopment Authority (HRA). The plan herein outlines the programs currently offered as well as the efforts anticipated to be undertaken in the next five years by the Dakota County HRA. A five year time frame was selected to coincide with the Consolidated Plan prepared by the Dakota County HRA for use in administering the HOME and CDBG Programs. The Consolidated Plan addresses the housing needs and proposed housing activities for all of Dakota County for a five year period. A major focus of the Livable Communities Act is to promote the development and preservation of affordable and life cycle housing in communities throughout the Twin Cities Metropolitan Area. Housing is considered to be "affordable" if it costs no more than 30 percent of a family's annual income. Life cycle housing is defined as housing of a variety of types and costs. It meets people's needs and preferences as incomes and circumstances change throughout their lives. Within this document, it is assumed that the private sector will ensure the development of adequate numbers of market rate and upper scale housing units. The programs noted herein focus on the development and/or preservation of affordable housing. Thus, each program plays a part in the provision of affordable and life cycle housing in Dakota County communities. The Dakota County HRA endeavors to provide attractive, well managed, affordable housing opportunities for families and seniors. To the extent funding resources are available, the HRA will continue to provide affordable housing opportunities to the citizens of Dakota County. aD� ACTION PLAN NARRATIVE Market Owes-rkw The following information has been obtained from 1990 Census data, the Metropolitan Council Data Center, the 1995 Dakota County Consortium Consolidated Plan, and the Met Council report entitled Meeting the Region's Housing Needs in the 19901s. a Three -Part Proposal. For the metropolitan area as a whole, the Metropolitan Council's report cites demographic shifts, market forces and the aging of the region's housing stock as factors which will jeopardize many peaple's opportunity to obtain the housing of their choice. There are approximately 315,000 persons living in Dakota County (1995). The most recent breakdown of the number of housing units in Dakota County is from the 1990 Census: * Single Family Homes 71,102 * Multi -Family Units 24,601 * Townhomes & Duplexes 16,067 * Mobile Homes 2,712 TOTAL HOUSING UNITS 114,482 Growth of special populations such as the elderly and persons with disabilities will place increased,demand on the housing market. The elderly population includes people sixty two years and older. There is a wide variation in the needs across people of the same age in this group. Most live in housing that is not intended for special needs populations. There exist a variety of reasons why this population may start to have difficulty staying in standard housing. Two of the most prevalent reasons are the physical effects of aging and the high cost of housing for a population that is often on a fixed income. A tremendous need has been identified for safe and affordable housing that caters to the elderly population. In Dakota County minorities constitute 3.7 % of the total population, compared to 6.3 statewide. From 1980 to 1990, the Dakota County residents from minority communities of American Indian, Asian, Black and Hispanic origin, grew by 112%. The demand for rental subsidies has been the strongest from the Asian/Pacific Islanders who have settled in Dakota County in recent years. These families are typically large and may include several generations. It is difficult for them to find large rental units that meet both Housing Quality Standards and affordability requirements (necessary for receiving assistance). Based upon 1990 Census data, the percent of population in poverty in Dakota County is lower than the percent in the metro area as a whole. However, almost 20% of the female headed households in Dakota County are in poverty. Over 40% of these households have children under the age of five. As a whole, the largest age groups in poverty include children aged 0 to 5 and persons aged 65 and over. The demand for homeownership by first time home buyers in Dakota County is tremendous. The need tends not to be in the availability of affordable housing, but more so with the difficulty that many first time home buyers have in saving up the funds required for down payment and closing costs. This suggests there is a need for down payment assistance and closing cost assistance programs. In working with lenders and borrowers on first time home buyer 2 a�� programs, it has become apparent that many first time home buyers would also benefit from home buyer education and counseling programs. The 1995 Dakota County Consortium Consolidated Plan discusses the need for rehabilitation of the existing housing stock in the metro area. The definition of "substandard units suitable for rehab" is "Any building if the combined indebtedness secured by the property and estimated cost of rehabilitation do not exceed the property's market value rafter rehabilitation and there are no physical, environmental or regulatory conditions existing at the site that might preclude its rehabilitation to meet the applicable standards." Based upon this definition, it is estimated that less than S % of the housing stock is in substandard condition and that most of these units would be suitable rehabilitation candidates. It is estimated that a larger percentage of rental units than owner units are substandard. The majority of these housing units are found in inner 1st ring suburban and outer rural areas. The trends discussed above, as well as others noted within the Metropolitan Council's report, will likely hold true for the housing stock in Dakota County. It is expected that the Dakota County housing market and inventory conditions may bring about: * High demand for safe, affordable housing opportunities for elderly persons and persons with special housing needs. * High demand for three or more bedroom rental units for large families. * Increasing need of affordable housing for very low income persons through rental assistance and low rent public housing programs. * High demand for low income first time home buyer and down payment assistance programs. * Increasing need for rehabilitation programs for existing housing stock. Cluster Activities The communities participating in the Dakota County cluster for the purposes of creating an Action Plan pursuant to the Metropolitan Livable Communities Act include: Apple valley, Burnsville, Eagan, Fwmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, Sunjish Lake and West St. Poul. Each community has taken the time to answer three questions, the answers to which are attached hereto. The answers to these questions will serve as an outline of those items that need to be addressed to enable each community to ensure that they are, or are working toward the goal of, providing an adequate amount of affordable and life cycle housing within that community. The questions are as follows: 1) What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? 2) What has the community done already to encourage the availability of affordable and life cycle housing? 3) What will the community do in the future to encourage the availability of affordable and life cycle housing? Fk 091 Ming The Action Plan herein outlines the programs currently offered as well as the efforts anticipated to be undertaken in the next five years by the Dakota County HRA. A five year time frame was selected to coincide with the Consolidated Plan prepared by the Dakota County HRA for use in administering the Home Investment Partnership Program (HOME) and Community Development Block Grant (CDBG) Programs. The Consolidated Plan addresses the housing needs and proposed housing activities for all of Dakota County for a five year period. The Dakota County Cluster Action Plan will be updated on an annual basis. As one year passes, another year will be added to the Plan. The HRA has scheduled quarterly progress meetings with the cluster participants. The purpose of the meetings will be to provide participants with a quarterly update of the progress being made toward the goals identified within each community's Housing Goals Agreement. The HRA will work with the cluster communities to monitor housing activities and compare them to the activities and resources identified within the Action Plan. 0 _z W O 2 UJ D Q U. m� as Om o� LL S baa ZLL OW W beoa aoo O�Q U. 0 c I� am � W H d W - 1 4 r y � gW o p O o O e N LL ca N QOf WiL o o e e � e Z p o N W o 0 0 r LL p e N N �• QQom%� CJ W p o 0 � p e L6 z c o .G y g t0 h W e o 0 O e = U. g W cc � p � 8 U, N W g° p> a N r OW � z LL 93 e � Q .G OC go cc Z y 0116 LZ6- UA Ig m. pop Uio $ i $ E C7 it� �y a u �u`� i p $ ° iy P g a W,' Q ma Z Z° i� 3 9 cp Z c�L- ° of E CMZ o W I1 i �-4 gap �m 1x� I-a� �sl� sv �71 �iE tiQ�wx$�us3i.ti16 } Z n Y O Z N ¢ LL LL Q LL O y _N Z O W O Q LL O N W 0 2 G Z O ¢ L �W♦ V W a Q L O 2 Q CO) L ¢ W L p a Ch, � N 9002 2 N d Q N O �W N N N V. T. LL f z o o iQ �v OJ Ch W o 0 o O O r LL No o ao Cb UJ g o O g r LL O O IA Of � N r ^� N N LL in Qm N 'I � �II NN W c o a Q N N r r r In cAn } en epi N i0 W) YJ N Z N r Lf) N O r � �► O OW r Ch Im4[I]-E N m O r r W Ei UJ cr G72 Z b 6::< 0 -LL F'Q� a C7 _ g Y r _ LL dc —c3 < < A ..�_ (�}� eEm�{i a atop �Q k�� um ear C H2NJ co ZZ gg v ca O b E a 'fl ao li r, s E` er e o sUJ �a�. w N� �Rf uC b Sao a�o� gr.: DAKOTA COUNTY HRA HOMEOWNERSHIP ASSISTANCE BY CATEGORY m-isay ftraw P% --law stoma I 1996 - 2000 arwe.trw �� «an ftffl� wab SM � � nom.,,■ DAKOTA COUNTY HRA RENTAL ASSISTANCE BY CATEGORY fte"Pow" L7% IM -190- MA% .. ,,.,_, w. oweraftlon 0.5% I 7w.ewwwwey w.rK P.M DAKOTA COUNTY HRA NPLEMENTATION ACTIONS FOR THE YEARS 1996 - 2000 The following information denotes those activities that will be undertaken by the Dakota County Housing and Redevelopment Authority (HRA) in an effort to achieve the affordable housing goals illustrated in Table I of this document. HOME OWNERSHIP Affordable Financing * It is anticipated that 150 units of housing will be purchased annually through fust time home buyer programs funded by mortgage revenue bonds from the HRH's bonding allocation and refunded bonds. * Mortgage credit certificates will be reviewed annually as an option to mortgage revenue bonds as the housing market dictates. * The HRA will work with Dakota County non-profit organizations such as Habitat for Humanity and Project for Pride in Living to coordinate funding applications for affordable home ownership programs. The purchase of approximately 3 homes per year will be potentially funded with HOPE III, HOME and tax forfeiture land resources. Downpayment Assistance * The HRA will work with those lenders who have participated in past fust time homebuyer Programs to prepare an application to the Federal Home Loan Bank for downpayment assistance to 50 units of affordable housing. * HOME Program funds will be utilized to provide downpayment assistance for qualified persons utilizing the HRA's first time homebuyer program. This number is not reflected in the "Downpayment Assistance" category on Table I, as these units have already been counted in the "Affordable Financing" category. In addition, Dakota County cities will consider the use of CDBG funds for downpayment and closing cost loans. For example, the City of Eagan has set aside funds in 1996 for this purpose. * The HRA will encourage Dakota County area lenders to contact MHFA for participation in the ECHO Program. The ECHO Program provides downpayment assistance to low income first time home buyers. Homeowner Rehabilitation * The HRA will apply for 10 Home Energy Loans through MHFA. * An application for 270 loans will be submitted for funding through the DOE Federal Energy Program. �t� CDBG funds will fund approximately 220 low interest/deferred rehabilitation loans for qualified homeowners in Dakota County. MHFA low interest loans will be utilized to fund home owner rehabilitation for 90 units of affordable housing. The HRA will make every effort to compile and submit funding applications for various MHFA funding sources for homeowner rehabilitation purposes. Such programs include MHFA Neighborhood Preservation, MHFA Purchase + Rehab and MHFA Home Energy Loans. It is anticipated that approximately 20 homes will be rehabilitated through these funding sources. Special Needs Programs *' The HRA will work with the Dakota County Chapter of Habitat for Humanity to obtain funds for the purchase/rehabilitation of 10 large family homes. * It is expected that the HRA and Guild South will obtain funding for the acquisition and/or rehabilitation of 10 homes to provide affordable housing to persons with persistent mental illness. Throughout Dakota County there exists land zoned for added manufactured housing. As a rule, manufactured housing has been viewed as "affordable housing." The HRA will work with communities to provide an additional 50 units of manufactured housing per year throughout Dakota County. 10 RENTAL HOUSING New Construction * CDBG funds and HOME Program funds will be utilized for the purchase of land for 159 affordable senior housing units. * Land acquisition for the development of 225 affordable large family housing units will be facilitated through the use of CDBG funds and HOME Program dollars. A variety of financing mechanisms as listed in this section on Table I will be utilized to finance the development of these units. * The HRA will work with Dakota County non-profit organizations such as Accessible Space, Tree Trust, Youth Build, etc., to coordinate funding applications for the construction of approximately 150 housing units. Rehabilitation / Property Acquisition * Applications for a total of 40 units of scattered site housing will be submitted to the U.S. Department of Housing and Urban Development in 1997 and 2000. * Program income generated from past use of the MHFA and HUD Rental Rehabilitation programs will be utilized for additional homeowner rental rehabilitation projects. Tenant Based Subsidy * The HRA will prepare and submit applications for a total of 500 additional units of Section 8 Rental Assistance certificates and vouchers. * The HRA will apply annually for lunding of 50 additional units through MHFA Rental Assistance for Family Stabilization Program. * The HRA will apply for 50 additional units of funding through the Bridges Program. This program assists people with chronic and persistent mental illness. ' An application requesting 50 new units of funding through the MHFA Family Homeless Prevention and Assistance Program will be submitted. * Five new units through the Shelter Plus Care program will be requested on an annual basis. a�� DEFINITIONS OF AGENCIES, RESOURCES, AND PROGRAMS 501(C)(3) - A charitable, non-profit corporation, as designated by the IRS, that is organized for religious, charitable, scientific, literary, educational, testing for public safety, or prevention of cruelty to animals purposes. AFFORDABLE HOUSING - Housing that costs no more than 30% of a family's annual income. ANNUAL BONDING ALLOCATION - An annual bonding allocation of $10,000,000 received by the Dakota County HRA from the State of Minnesota for the operation of affordable housing programs. BOND REFUNDING - Refunding of prior bond issues utilizing pre -payments made by borrowers. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - A federal program that provides annual grants on a formula basis to entitled cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low and moderate income persons. DEPARTMENT OF ENERGY (DOE) PROGRAMS - Fuel assistance and weatherization programs available to assist qualified homeowners with fuel payments and weatherization improvements of dwelling units. ENTRY COST HOMEOWNERSHIP PROGRAM (ECHO) - Through a partnership between the Minnesota Housing Finance Agency (MHFA) and Fannie Mae, funds are available for downpayment assistance by combining MHFA ECHO with the Fannie Mae Community Homebuyer's Program with the 312 option. MHFA ECHO provides up to $3,000 of downpayment assistance. A borrower must contribute a minimum of 3 percent, the ECHO assistance may be used for the remaining 2 percent of the required 5 percent downpayment. ESSENTIAL FUNCTION BONDS - A category of municipal bonds that are exempt from federal income taxes as long as the bonds issued provide no more than 10 percent benefit to private parties. Essential function bonds are issued by the HRA for public purposes (i.e. HRA owned senior housing developments). FAMILY HOUSING FUND (FIM - A private non-profit foundation which promotes and funds affordable housing activities in the Twin Cities. Funds are allocated by the FHF Board according to their mission, priorities, and fund availability. FANNIE 97 - Allows homebuyers earning up to $51,000 to make a downpayment of as little as 3 percent of the mortgage amount. a=i7 FEDERAL HOME LOAN BANK (FHLB) - The FHLB's Affordable Housing Program offers competitive grants and low interest loans to develop and/or rehabilitate rental housing and promote homeownership for low income families. Their grants and loans are targeted to projects which serve families with incomes at or below 50 percent of median income. FULL CYCLE HOMEOWNERSHIP SERVICES - This is a new program authorized and funded by the 1995 Legislature. HRA's are eligible for a maximum of $25,000 per year. The purpose of the program is to build or maintain capacity and/or provide financial support for eligible entities providing homebuyer training and support. The support can be on either a pre or post purchase basis for low and moderate income homebuyers or owners. An eligible Program applicant must meet criteria related to staff training and program experience. GUILD RESIDENCES, INC. - A private non-profit corporation that serves adults who have serious and persistent mental illness. Guild provides group residential treatment services and supportive housing services to help clients acquire, get settled, and maintain their own housing. HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) - A flexible federal grant program, provided on a formula basis, that gives participating jurisdictions the ability to decide how the funds will be used to provide affordable housing for persons at or below 80 percent of median income. Eligible activities include new construction, rehabilitation (both rental and homeowner), homebuyer assistance, rental assistance, and acquisition. HOPE III - Federal funds available to acquire and rehabilitate vacant and/or foreclosed publicly owned properties giving low income families an opportunity for homeownership. HRA BRIDGE AND CONSTRUCTION LOANS - Short term construction financing provided by the HRA. LIFE CYCLE HOUSING - Housing of a variety of types and costs. It meets people's needs and preferences as incomes and circumstances change throughout their lives. MANUFACTURED HOUSING - A dwelling unit manufactured in a factory and designed to be transported to a site and semi -permanently attached. MAX 200 - A short term rent assistance program available for eligible seniors on the Section 8 waiting lists. The HRA uses a portion of its HOME Program allocation as the funding source for MAX 200. MET COUNCIL LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT - The Met Council will have approximately $4 million available annually to fund developments that meet specific legislative criteria. The criteria will support proposed projects that are compact, efficient developments that are close to transit and offer a variety of housing options and employment opportunities. MET COUNCIL LOCAL HOUSING INCENTIVES ACCOUNT - As part of the Livable Communities Act, the Met Council will have $1 million available in 1996 for the creation of affordable and life cycle housing. The funds will require a local match and priority is given by statute to cities that greatly contribute to fiscal disparities. Within Dakota County, the cities of Eagan, Burnsville, and Mendota Heights will have priority. MET COUNCIL TAX BASE REVITALIZATION ACCOUNT - Approximately $6.5 million will be made available by the Met Council for clean up of polluted sites. To apply for the Raids, a city must participate in the Livable Communities Act. MHFA - Minnesota Housing Finance Agency 1V[HFA ACCESSIBILITY LOAN PROGRAM - Deferred payment loans that assist low income homeowners with home improvements that are directly related to the basic living needs of a physically disabled person. MHFA AFFORDABLE RENTAL INVESTMENT FUND - This fund consists of revenue from the state general fund as well as proceeds and investments from agency bond sales. The programs supported by the fund include the large family loan program which has contributed to projects in Dakota County. The fund also offers low interest bridge loans and loans for projects serving populations with special needs. M[HFA BLIGHTED PROPERTIES COMMUNITY REHABILITATION - Funds available for rehabilitation of targeted blighted properties. NWA BRIDGES - A rent subsidy program that links housing with social services for persons with severe and persistent mental illness. MHFA COMMUNITY REHABILITATION FUND - A program that permits local governments to use state revenue to conduct a variety of redevelopment and development activities. The funds must be used in a designated neighborhood or geographic area and can be used for acquisition, demolition, rehabilitation, and financing of new or rehabilitated housing. MHFA DEFERRED LOAN PROGRAM - Deferred payment loans that assist low income homeowners in financing home improvements directly affecting the safety, habitability, energy efficiency, and accessibility of their homes. NEVA FAMILY HOMELESS PREVENTION AND ASSISTANCE PROGRAM - Provides grants to encourage and support innovations at the county, region, or local level in redesigning the existing homelessness support system or in establishing a comprehensive system. MHFA FIRST TIME HOMEBUYER MORTGAGE PROGRAMS - MHFA has a variety of programs available for qualified first time homebuyers. MHFA FIX UP FUNDS - MHFA operates 3 fix up funds, the Great Minnesota Fix Up Fund, Accessibility Loans, and the Community Fix Up Fund. Each fund provides home improvement loans to assist low income homeowners increase the livability and energy efficiency of their homes. MHFA HOME ENERGY LOANS -Available to qualified homeowners to increase the energy efficiency of their homes. NWA LOW INCOME HOUSING TAX CREDIT PROGRAM - Reduces the federal income tax liability of qualifying rental property owners for up to 10 years. Units must be made available to low and moderate income renters for at least 15 years. The Dakota County HRA receives $335,000 in tax credits annually. The credits have been used to assist in financing the HRA's large family developments. The credits are authorized by federal law and could be repealed as of December 1997 if the House tax bill provision is adopted. MHFA NEIGHBORHOOD PRESERVATION LOAN PROGRAM - Pro loans made available for preserving housing within designated neighborhoods improvement MHFA RENTAL ASSISTANCE FOR FAMILY STABELIZATION (RAFS) - The RAFS program provides rental assistance payments to families on public assistance who are enrolled in a self-sufficiency program. Each participant can receive a rental subsidy of up to $250 per month. NWA RENTAL MORTGAGE AND REHABILITATION PROGRAMS - Funds available for a variety of low interest loans for the acquisition, rehabilitation, or refinancing of residential rental units. The programs can be used by private owners as well as public agencies. MHFA REVOLVING LOAN PROGRAMS - Rehabilitation financing is made available to low and moderate income homeowners who are unable to qualify for other types of assistance for improvements that directly affect the safety, habitability, energy efficiency, and accessibility of their homes. MOD REHAB - Low interest loans made to owners of rental units. Owners utilizing mod rehab funds must rent the assisted unit to eligible applicants on the Section 8 Rental Assistance waiting lists. When the loan is repaid, the owner has fulfilled their obligation and are no longer required to rent to persons on the waiting lists. Tenants occupying the mod rehab units receive a rent subsidy while living in such units. MORTGAGE CREDIT CERTIFICATES (MCCs) - Another use of Mortgage Revenue Bonds. In 1994, the HRA issued $12,500,000 in MCC$ to first time homebuyers. MCCs enable a borrower to convert a portion of their mortgage loan interest deduction to a credit for purposes of reducing their federal income tax liability. MORTGAGE REVENUE BONDS (MBs) - Issued by the HRA to assist first time bomebuyers with the purchase of a home by making below market interest rate mortgages available to qualifying families. MRBs have also been used by the HRA to finance affordable rental units for private and non-profit developers. 15 0;s o PUBLIC HOUSING SCATTERED SITE - HRA owned housing units that are dispersed and integrated into neighborhoods throughout Dakota County. Scattered site housing units offer the tenants anonymity and allow the HRA to house families in low density environments. PUBLIC UTILITIES CONSERVATION IMPROVEMENT PROGRAM (CM) - Public Utility Commission mandates that heating utilities provide funding for energy conservation purposes. Funding is targeted to low income families. RENTAL REHABILITATION LOAN PROGRAMS - Property improvement loans available to residential rental property owners. SECTION 202 - Federal program that provides capital advances to private, non-profit sponsors for financing the development of elderly housing that offers supportive services. SECTION 811 - Federal funding available to expand the supply of housing with supportive services. SENIOR HOUSING COOPERATIVES - Cooperative or joint operation of a housing development by those who live in it. This is a unique form of ownership in that the corporation holds title to the dwelling units and directly assumes the mortgage, tax, and other obligations necessary to finance and operate the development thereby relieving members of any direct liability for those items. SHELTER PLUS CARE PROGRAM - A federal grant program that can be used for rental assistance and supportive services for homeless persons with disabilities. SINGLE FAMILY CAPITAL RESERVE PROGRAM - A program that assists communities in meeting locally identified neighborhood revitalization goals through the preservation and rehabilitation of the existing housing stock in conjunction with assistance for affordable single family home ownership. SUPPORTIVE HOUSING PROGRAM - Federal grants to public and private non-profit entities to promote the development of supportive housing and services. TAX INCREMENT FINANCING (TIF) - There are 8 districts in Dakota County in which the HRA captures the increase in property taxes. This source of funding has been used on a wide variety of housing activities including home ownership, HRA senior housing, and low and moderate income family rental housing. TREE TRUST - A nationally recognized, private non-profit corporation dedicated to education, employment training, and environmental stewardship. Major sources of funding include utility companies, and federal and state agencies. Private foundations and corporations also provide significant support. 16 % TWIN CITIES HABITAT FOR HUMANITY need and want decent housing and are willing Habitat, with the assistance of the prospective homes. - Habitat forms a partnership with families that to build or renovate in the Twin Cities area. homeowners, acquires and rehabilitates the WESTSIDE NEIGHBORHOOD HOUSING SERVICES (WSNHS) - A non-profit organization that serves areas of St. Paul, West St. Paul, and South St. Paul. WSNHS offers a variety of programs that are targeted to income eligible households. WSNHS offers home buyer counseling, mortgage financing and a variety of homeowner rehab loan programs. YOUTHBUILD - A program that provides specialized training, work experience, and education for youth, 16 through 24 years of ages, who are at risk of not completing their high school education. and are economically disadvantaged. 17 Baa METROPOLITAN LIVABLE COMMUN17TES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of APPLE VALLEY 1. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? A Increase the percentage of affordable rental units in the community from 33% to 35%. B. Adjust the owner/rental mix from 86/14% to 75/25%. C. Increase the density of multi -family residential units as actually constructed from 7 units per acre to 10+ units per acre and maintain the density for single family residential detached dwelling units at 2.0+ units per acre. 2. What has the community done .already to encourage the availability of affordable and lifecycle housing? A. The City has maintained the percentage of land designated for multi -family residential even though pressure has been exerted by developers to rezone to single family residential. B. The PUD process the City has in place provides for reductions to costs of housing by allowing a more creative use of the land and reducing certain performance standards. C. The City adopted and implemented affordable housing goals set forth by the Metropolitan Council in 1976. D. The City has developed a partnership with the Dakota County HRA, providing funding for affordable housing projects in the city. E. The City has allocated CDBG funds via revolving loans for rehabilitation of owner -occupied dwellings. F. With assistance from the Dakota County HRA, the City has issued tax exempt mortgage revenue bonds which provide low interest loans to first time home buyers. is0?3 G. The City has eliminated minimum house size requirements. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? A. Review current performance requirements on new developments concerning: 1) density in multi -family zoning district 2) alternative building materials 3) garage requirements for multi -family developments 4) lot coverage and greenspace requirements B. Reduce park fees based on amount of commonlopen space provided. C. Consider establishing the "R4" (Small lot one -family residential) zoning district. D. Investigate land use designations on existing land to determine if there is a sufficient amount of land available for affordable housing construction. E. Examine the city's planned development districts to determine whether a zone could be established to combine residential and commercial development. F. Become more proactive in establishing relationships with non -profits who develop affordable housing. G. Continue to partner with Dakota County HRA and non -profits to create affordable housing in the community. H. Explore the possibility of establishing a new manufactured home park with new standards. METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of: BURNSVILLE 1. What are the Community's key affordable housing issues as they relate to the housing goals agreement? The City of Burnsville is a balanced community with a wide range of housing types and opportunities. The community's Comprehensive Plan housing goals are to: * Maintain a high quality living environment in residential neighborhoods. Encourage opportunities for a balanced population with respect to age and economic composition, by providing a variety of housing types for all who would choose to live in Burnsville. To achieve these goals, the City's policies state that Burnsville will: * Continue balanced development of the community to improve and maintain Burnsville's image as an attractive place in which to live, work, and play. * Undertake physical and social actions to ensure the safety and security of residents. * Consider more flexible minimum standards when residential developments are processed as Planned Unit Developments to encourage innovative design solutions, more efficient land use, and opportunities to provide modest cost housing. * Promote the fair housing provisions of the law. * Encourage the appropriate use of Federal, State, Local, and other financial resources in order to obtain funds and other incentives that will promote the accomplishment of an appropriate amount of affordable housing and opportunities for rehabilitation of the existing housing supply. * Continue to provide a balance in the City's housing stock in order to provide a variety of housing types to serve all stages of the life cycle. Investigate Federal, State, Local, and other financial resources in order to obtain funds and other incentives that will assist in promoting this variety of housing. * Allow reductions in lot width and/or lot area to permit opportunities for the provision of affordable housing. However, such flexibility shall only be granted when the applicant can provide adequate guarantees that these changes will actually result in lower-cost housing. Burnsville either meets or exceeds all of the benchmarks established by the Metropolitan Livable Communities Act (LCA) because of the past efforts of the City to achieve a balanced housing supply. Burnsville meets the benchmark for affordable owner occupied units and for density (both single-family detached and multi -family categories). The City exceeds the benchmark for affordable rental units and for life -cycle housing (both type and owner/renter mix categories). Consequently, the City set goals under its Housing Goals Agreement to decrease the overall percentage of rental housing in the affordable category, to decrease the percentage of housing units that are non -single family detached, and to decrease the percentage of housing units that are rental. Burnsville's key affordable housing issues relating to the Housing Goals Agreement are: A. Maintenance of the physical quality of the existing affordable housing units, including the City's supply of "starter" homes. B. Improvement of the safety, livability, and management of existing affordable rental housing units; C. Development of the sense of community and neighborhood within existing affordable housing developments; and D. Encouragement of an increased degree of inclusiveness and participation in the broader community by the residents in affordable units. 2. What has the community done already to encourage the tvAilability of affrodable and life cycle housing? Burnsville has a long and successful history of providing for a wide range of housing types and an open community. Examples of past and current actions to encourage the availability of affordable and life cycle housing include: A. The City has zoned and guided over 1,600 acres of land for multi -family development and over 170 acres of land for three mobile home parks. a lr� -9 (�� This has resulted in a current mix of 48% single-family detached units and 52% multi -family, attached units. Burnsville has over 7,000 apartment units, and over 3,000 townhouse units, many of which are owner occupied housing for young adults and retirees. For all housing, 690/0 of owner -occupied units and 52% of rental units are considered to be affordable. B. When Burnsville updated its Comprehensive Plan in 1990, the City added a. Housing Element. The purpose of the element was to begin to quantify the housing balance in the community and to identify emerging housing issues, such as the aging of the City's population and the increased need for housing maintenance activities in the City's older neighborhoods and apartment buildings. C. Through the Community Development Block Grant (CDBG) program, the efforts of the Dakota County Housing and Redevelopment Authority (HRA), and other cities in the Dakota County cluster, Burnsville assisted in the land acquisition for a senior housing development that is owned and operated by the HRA. The City also recently approved the expansions of two nursing homes and the development of a cooperative senior housing project. D. Burnsville used CDBG funds to assist in the land acquisition for a housing development for physically handicapped adults. E. Also using CDBG funds, the City created and filled a Neighborhood Coordinator position to identify neighborhoods and to work with affordable multi -family development residents to identify issues and find solutions to them. One of the primary goals of the position is to strengthen the residential community and improve the livability and viability of Burnsville's neighborhoods. Additionally, the City has completed a housing conditions analysis of older single-family units. F. Burnsville has initiated an innovative program to assign two veteran police officers to work with the tenants and managers of the City's apartment complexes. The officers are helping them build healthy communities through improved tenant screening and the active involvement of the residents in the management of the complexes. To date, the participation rate is very high, and the established measures of success are being met. G. The City has used the authority it has under Planned Unit Development (PUD) zoning to deviate from the Zoning Ordinance standards for multi -family residences to approve affordable and life -cycle housing. For example, the City has modified the parking requirements for senior housing developments, and has approved small lot subdivisions for starter houses. H. Burnsville has frequently allocated portions of its CDBG funds to supplement the HRA loan fund for home improvements to benefit low and moderate income homeowners. By doing so, the City can maintain the viability of its affordable owner -occupied housing units. I. The City and several community partners have completed a comprehensive community Planning effort called Partnerships for Tomorrow. Special efforts were made to include all population groups in this effort, including elderly, and low income residents. The PFT effort resulted in a well-defined set of community issues, a solid committee structure to work towards solutions, and a set of action plans for the future. 3. What will the community do in future to encourage the availability of affordable and life cycle housing? Burnsville's effort in the future to encourage the availability of affordable and life cycle housing will be focused on maintaining the livability of the existing housing developments and opportunities. The City already meets or exceeds the benchmarks for affordable and life cycle housing, and has very limited land left for any new development. In 1990, the City had only 718 acres available for single- family units and 475 acres for multi -family. Currently, the City has a total of only 603 acres zoned and guided for all residential uses. Therefore, Burnsville's actions over the next five years will include the following: A. The Neighborhood Coordinator will develop a model of neighborhood organization and problem solving that can be used in any Burnsville neighborhood to strengthen its livability. B. The City will continue to explore the possibility and ramifications of implementing a housing code and enforcement strategy to maintain the physical viability of the City's housing units. C. The City will look for opportunities to approve more owner -occupied detached housing as infill projects, such as zero lot line and other innovative layouts, on residentially -zoned land. The City will also examine its vacant commercial and industrial land to look for opportunities to create additional life cycle housing where appropriate. D. The City will work with the HRA under the LCA and other sources such as CDBG to provide incentives for owners to maintain affordable housing (including "starter" housing), to convert existing rental housing to owner -occupied units, and to facilitate the turnover of existing housing for new families using downpayment assistance programs. E. The City will pursue grant funds under the LCA and other sources to improve the transit link between the community's existing affordable housing and employment opportunities. F. The City will consider amending its Zoning Ordinance to establish special requirements for housing that is designed for seniors, persons with disabilities, and other special needs populations. G. The City will consider all rezoning requests for residential developments in light of the City's Housing Goals Agreement under the LCA. H. The City will continue to build an accurate data base of existing housing, population trends, and migration patterns, and will monitor the housing balance to maintain compliance with the LCA benchmark. The City will continue to work with its partners and the committees created in the PFT effort to build a sense of community, strengthen neighborhoods, and improve transit opportunities. METROPOLITAN LIVABLE COMMUMMS, ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of EAGAN What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? A- LifeCycle- Housing Issues -I= of Housing. In term of life cycle characteristics, the City of Eagan currently exceeds the benchmark range (35-38%) established for non -single family detached units by 8 to 11%. Based on residential developments not yet constructed, but having preliminary or final plat approval (as of December, 1995), at least 1,700 housing units will be added by the Year 2000 in Eagan. Of those 1,700 units, 45% will be single family detached with the remainder a mixture of townhomes, duplexes, and apartments. This anticipated residential development will continue to place Eagan in the position of exceeding its benchmark range for non -single family housing. Moreover, approximately 900 of the City's 1,300 unplatted residential acres is designated for D -II Residential. This designation permits all types of residential development, from single family to townhomes and apartments as long as the density falls within 6 units/acre. Given market trends in the near future, the City anticipates that much of the D -II land could be developed as townhomes, further exacerbating the imbalance between single family and multi -family in the community. Therefore, the City will not actively encourage additional non -single family housing on the remaining vacant residential land and similarly, will not encourage amendments to its comprehensive plan that would result in increasing the supply of land designated for non -single family development. Rather, the City will be examining its remaining vacant land supply that is currently designated for D -II residential development ( mixed residential up to 6 units/acre) to determine which parcels, if any, should be reguided to D -I, single family detached development or some other land use designation. B. Life Cycle Housing Issues-Owner/Renter Mix. Based on the 1990 census, the City of Eagan's current owner/renter housing mix is 690% owner and 31 % renter. The City's housing goal is to increase the proportion of owner occupied housing to the 72-75% range as suggested by the Metropolitan Council. While the City cannot directly influence tenure of housing, it is anticipated that the high proportion of townhomes developed since the early 1990's and anticipated in the next few years will result in an increase in the proportion of housing that is owner occupied. zs 657� & , D C. Affordability Issues -Ownership. In terms of ownership affordability goals, the major issue facing Eagan will be the preservation of the existing affordable ownership opportunities. Approximately 62% of the City's total ownership housing stock in 1994 was considered affordable to households with incomes at 80% of the regional median income. While this is slightly below the goal of 69- 700/c, it is not anticipated that affordable ownership opportunities in the community will be improved through new construction. Both single family and townhome market trends in Eagan over the past several years have supported sales prices for newly constructed units well above the $115,000 level that is considered affordable in the region. Therefore, the City will be focusing its efforts to increase affordable ownership opportunities on programs that assist first time home buyers to purchase older, existing homes in the community. This strategy should provide the further benefit of improving the potential for older residential neighborhoods in Eagan to remain primarily owner -occupied. A related issue will be maintaining the quality and marketability of the affordable ownership housing stock in Eagan as it begins to age. The City will be looking at efforts to encourage housing maintenance, remodeling, and rehabilitation in those older residential neighborhoods. D. Affordability Issues -Rental, Maintaining the quality and affordablility of the rental housing stock in Eagan is perhaps the greatest challenge facing the community over the next five years. Eagan has a large number of apartment units, almost 6,000 that were constructed in the early to mid -1980's. With the current low vacancy rate in rental apartments throughout the region and the relatively high property tax rate on non -homesteaded residential properties, rental rates on existing units are not expected to go anywhere but up over the next few years. This trend may encourage the construction of additional rental apartment units but, as evidenced by a project currently being developed in Eagan, rental rates for newly constructed apartments will far exceed the level defined as "affordable." The issue, therefore, for Eagan will be how to maintain the affordability of the existing rental units and how to ensure that this element of the housing stock is maintained in good condition as it begins to age. E. Housing Density Issues -Single Family. Eagan's current overall density of single family detached dwellings is 1.8 units/acre, only .1 unit below the density goal of 1.9 dwelling units/acre. The City's standard minimum single family lot size of 12,000 square feet allows a net density of over 3.63 units/acre. Because the City has very little remaining vacant land designated for single family development, it is not anticipated that the overall, citywide average density of single family development will be increased by any increased development density on these limited areas. These remaining parcels also typically present fairly significant physical challenges to development due to the presence of wetlands and severe topography. To address both the issues of density and environmental constraints, the City will continue to encourage single family cluster development through its planned unit development ordinance. F. Density Issues - Multi -Family. Based again on the 1990 data, Eagan's over all multi -family housing density is 9 units/acre. This included both apartments and townhomes. The City's goal is to maintain a net density (excluding wetlands and streets) of S units/acre for townhomes and 10 units/acre for apartments. The City will continue to encourage the planned unit development approach for both townhomes and apartments in order to cluster the development as appropriate to maximize the preservation of the natural features of the property. 2• What has the community done already to encourage the availability of affordable and life cycle housing? Eagan has taken many actions over the past 20 years to ensure the availability of affordable and life cycle housing throughout the community. Some of the City's major policy and program initiatives have included the following. A. The Eagan Comprehensive Plan adopted in the early 1980's set forth a major goal of achieving a balanced housing stock in terms of type and tenure. The Land Use element of the Comprehensive Plan designated land throughout the city for a variety of residential densities and types. Land was guided not only for single family residential development but also for two-family, townhome, and apartment development. When the plan was reviewed and updated in 1987, the City reaffirmed and strengthened this commitment to a fully diversified housing stock by designating permissible land use densities in its land use plan rather than prescribing specific housing types. The purpose of this modification in approach was to permit and encourage innovation by the development community as new residential prototypes were developed, including the mixture of housing types in planned neighborhoods. This strategy has served the community well in that Eagan does have a very diverse housing stock with over 46% being non -single family detached. B. The City has, by policy and practice, encouraged flexibility in the design of its residential neighborhoods through the extensive use of planned unit developments in place of strict traditional zoning. This has provided for the mixing of housing types within neighborhoods and some flexibility in design standards such as lot size, setbacks, street widths, etc. C. The City has provided financing assistance for home ownership to low and moderate income families through a variety of programs over the past 15 years. In the early to mid -1980's, when mortgage interest rates were extremely high, the City initiated several single family mortgage revenue bond programs to assist first time homebuyers with below market interest rates. More recently, the City allocated a portion of its 1995 CDBG funds to establish a down payment assistance program for low and moderate income families seeking first time mortgages. D. The City has also provided funds to support housing rehabilitation programs for low and moderate income families. In 1987, and again in 1996, the City allocated CDBG funds to the Dakota County HRA's housing rehab program to be earmarked for low and moderate income families living in Eagan. E. The City has made significant financial contributions towards the development of affiordable senior housing in the community. The City contributed approximately $1 million to the 65 unit Oak Woods of Eagan senior housing project, developed by the Dakota County HRA. The City has been reserving a portion of its annual CDBG allocation each year for the past several years to contribute to the second phase of this development. Sufficient funds should be available to permit construction of this second phase within the next five years. F. The City has also invested significant funds for both capital improvements and s2ecial pro ams to improve the livability of one of the community's most concentrated low and moderate income neighborhoods Wescott Square. This 102 rental townhome project was designed and constructed in the mid 1980's as market rate rental housing. For a variety of reasons, it has now become almost exclusively occupied by families receiving Section 8 Rental Assistance. The complex was not initially designed with the physical layout or basic amenities required by large families with many school age children. Over the past five years, the City has allocated funds to acquire land and develop a small city park - playground within the complex. The City has also allocated funds to rebuild substandard streets. The City has also funded, in cooperation with District 196, a Youth at Risk Program, which is physically located and takes place in one of the units at the Wescott Square townhomes during the summers and after school. G. In 1995, after much initial community debate and controversy, the City Council approved the Final Planned Development for the 42 unit affordable Oak Ridge family townhome project, sponsored by the Dakota County HRA. This project is currently under construction and is anticipated to be ready for occupancy in August, 1996. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? The City of Eagan will undertake the following actions over the next five years to encourage the availability of affordable and life cycle housing. A L&QX&Hausin —Type In the update of its Comprehensive Plan the City of Eagan will continue to support the development of a diverse and balanced housing Supply. The City will examine the supply of remaining vacant and developable residential land to ensure that a proper mix, consistent with its Livable Communities Goals, can be achieved. In particular, the City will examine its INI)plv OM -17 land to determine if an increased proportion of these designated parcels should be required for single-family or non-residential development. B. Life Cycle_ Housing - - Owner- Renter Mix. The City's Livable Community goal of increasing its proportion of home ownership from its 1990 rate of 590/c to a range of 72-75% may well be achieved over the next five years as the number of townhomes projects already approved are actually constructed. The City will continue to monitor these trends in new construction At the same time, it will be important for the City to monitor trends in home ownership in its older neighborhoods. If the housing market becomes soft, some of the neighborhoods with smaller, older, and therefore less expensive housing could become susceptible to increasing rates of rental activity. The City will continue to work with the Dakota County HRA to sponsor programs aimed at first time home ownership and home rehabilitation for these older neighborhoods in the community. As in the past several years, the City will consider allocating some of its CDBG funds to these programs. A further issue that the city will explore relates to the zoning classification of some of these older residential neighborhoods. Some single family subdivisions in Eagan were developed prior to the current R-1 12,000 square foot minimum single family lot standard. When the new standard was imposed, many existing lots became legally non -conforming. This has not created any difficulties unless a home owner has desired to make an addition to his or her home, in which case, a variance from the new setback requirements may often be required. This situation may not send a very positive message to the homeowner regarding support for remodeling and upgrading existing housing. The development of a new smaller single family minimum lot size with associated setbacks will be exam.ned as an ofltion for these existing. r1. developed neighborhoods. The City will also consider, as part of its housing element of the comprehensive plan adoption of a Housing Occup, Code to address the on-going maintenance of residential structures. C. fib_ rdability---Owners iP Given land values and the costs of new construction of both single family and townhome units in Eagan, the City's prime strategy to make home ownership affordable will be focused on retention of the current supply of affordable ownership opportunities. Toward this end, the City will continue to work with the Dakota County HRA to provide single family home ownershifl morttgage_programs and housing rehab loans to low and moderate income households in Eagan. The City will also encourage innovative approaches to housing styles and site design through its planned unit development ordinance where appropriate. D. Affordable Housing.. -Rental Since the City of Eagan already exceeds its goal for the proportion of housing that is rental, it is not anticipated that the affordable rental housing situation will be improved through new construction. However, the City has supported additional small scale, scattered site rental projects such as the Oak Ridge Townhomes now under construction. The City will continue to work with the Dakota County HRA to determine a=opriate sites for scattered site and small scale afford rental devel pments The City will also be examining the need to develop a more formal annual inspection program for multi-familyrental proRerties, along with a Housing Occupancy Code to insure proper maintenance and continued compliance with health and safety codes. The City will continue to set aside funds for development of the second phase of the Oak Woods of Eagan senior rental housing project. Sufficient funding is anticipated to be available for construction of Phase 2 within the 1997-99 period. E. Housing Density Issues The City's current land use and zoning ordinance permit a range of housing types and densities throughout the community. In the update of the Comprehensive Plan, the City will seek to ensure that Rpropriate balance is maintained in the sunnly of remaining vacant residential land consistent with the adopted Livable Communities goals. The City wW continue to encourage innovation and flexibility in the design of residential developments through the use Of its planned unit development ordinance. 30a� F. Affordable Housing ---Cluster Participation The City of Eagan has a long history of partnership with the Dakota County HRA and intends to continue this relationship through garticiRation in the Cluster Action Plan. The City will continue to look to the HRA for leadership, support, and cooperation in the implementation of this Action Plan. 3( 3�2 METROPOLITAN LIVABLE COMMJN=S ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of FARMINGTON What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? The key issue related to affordable housing in Farmington is the availability of rental housing. The City Housing Goals Agreement indicates the City Council's near term objective of increasing the rental portion of the owner/renter mix from 25% to 300/c. 2. What has the community done already to encourage the availability of affordable aad life cycle housing? The City initiated a soils correction Tax Increment Financing (TIF) District within East Farmington in late 1994. This new neighborhood is designed to include 426 single family lots with housing selling at an average of $105,000 and 132 multiple family units which will be sold at an average of $95,000. The City reimburses the developer for costs associated with raising the level of housing sites an average of three feet. The level is important since it eliminates a high water table problem that made the property unsuitable for development. By paying for soils correction, the City has helped ensure the existance of an adequate supply of affordable housing. In addition, Dakota County HRA is searching the community for scattered site rental units that will help fill the need for low and moderate income housing within Farmington. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? Farmington will encourage the use of Planned Unit Development approach that will offer a density bonus to investors willing to provide rental opportunities within developing neighborhoods. METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of H,4ST tNGS Summary: This attachment to the Dakota County Cluster Action Plan addresses actions the City of Hastings either has or intends to take regarding the City's official controls and policies relating to allowing and encouraging the development of "affordable" and "life -cycle" housing. The City of Hastings currently falls within the benchmark indicators established by the Metropolitan Council for affordable and life -cycling housing. Furthermore, the City has established housing goals for the period of 1996-2010 which call for efforts to be made to stay with the "benchmark indicators" for that period. Historically, the City of Hastings has been receptive to a broad range of housing types and densities. Much work has been done in recent years to revise the City's official controls such as the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance in order to encourage a diverse housing stock, to include affordable and life -cycle housing. The City has also undertaken numerous initiatives to encourage affordable housing. Furthermore, implementation tasks associated with the City's Comprehensive Plan call for additional actions to be taken to encourage affordable and life -cycle housing. 1. What are the community's Key Affordable housing issues as they relate to the Housing Goals Agreement? A. Key among Hastings' concerns in regard to providing an adequate supply of affordable housing is encouraging maintenance of older owner -occupied homes and rental units. B. Controlling the cost of entry-level owner -occupied housing remains a high priority in Hastings. C. Encouraging a diverse range of new housing types to meet the life -cycle needs of the City's population is also viewed as a key issue in regard to housing affordability and choice in the Hastings' market. 2. What has the community done already to encourage the availability of affordable and life cycle housing? A Comprehensive Plan Revision (1993): The City of Hastings Comprehensive Plan was substantially revised in 1993. The plan included an objective to: "Provide housing opportunities for all segments of the population including elderly and 33a3� those of low and moderate income". Also, the plan established four residential density categories to provide the City with a range of building intensities. These categories provide for housing densities ranging from 1 unit/ten acres in the rural category to an urban residential category of more than eight units/acre. B. Subdivision Ordinance Revision flu y 1991): In 1991 the City of Hastings Subdivision Ordinance ( City Code Chapter 11) was substantially raised to include more cost effective development standards and to streamline platting submittal and review requirements. C. Zoning Ordinance Revision (1995): In 1995 the City of Hastings Zoning Ordinance (City Code -Chapter 10) was substantially revised. Five Residential Zoning Districts for urban (served with sanitary sewer) housing were established which in practice allow for a wide range of housing types and densities. For example: the City's R -I Low Density Residence District detached homes on 9,000 square foot lot sizes, while the R-5 High Density Residential District allows high density multiple dwelling structures at up to 87 units/acre. A substantial amount of vacant land has been zoned for multiple family housing at various densities. Revisions to the Zoning Ordinance in 1993 also addressed the need to create more flexible development standards to encourage housing affordability and better design. For example: housing structure setback requirements were reduced in order to allow more flexibility on how residential structures are sited and to improve the design and appearance of neighborhoods D. Structure Maintenance Code for Rental Residential Properties l 994): In 1994 a Structure Maintenance Code for Rental Residential Properties was adopted by the City to establish minimum housing maintenance standards for rental housing units. This ordinance was a response to concerns that much of Hastings' large stock of older rental housing, much of which would be considered "affordable", is in danger of becoming "blighted". To ensure the stability Hastings' older neighborhoods and to preserve the City's valuable stock of affordable housing it was determined that minimum maintenance standards must be adopted to address conditions of blight or hazards to human health and safety. E. Initiatives to Encourage Flexible and Cost -Effective Infrastructure Standards: City staff in recent years has worked diligently to encourage more flexible and cost- effective infrastructure standards including: reducing the number of cul-de-sac streets and reducing the width of streets. The intent of these types of policy decisions is to reduce infrastructure construction and maintenance costs while producing more transit/pedestrian friendly neighborhoods. An example would be reducing local residential street pavement widths from 36' to 28' where appropriate. ,4,)39 F. Local Investment in AlTordable Housing: The City of Hastings has been active in funding numerous affordable housing initiatives. For example: 56 apartments located within the Hastings Downtown Redevelopment District have been rehabilitated with assistance from the Hastings Housing and Redevelopment Authority since 1985. These apartments located in the upper floors of downtown commercial buildings rent at affordable rates and are situated in a pedestrian friendly environment close to essential commercial services. $2,000,000.00 ($85,000 City funds) has been invested jointly between the City and Dakota County HRA to develop a 40 unit affordable senior apartment building (Mississippi Tenrace) in Downtown Hastings (completed in 1993). The City has allocated 544,000 of its 1996 CDBG Block for housing rehabilitation loans for low/moderate income households. Further, the City has allocated $20,000 of its 1996 CDBG for use in acquiring a building lot for Habitat for Humanity. In addition, the City is currently working cooperatively with the Dakota County HRA to facilitate construction of a 31 unit development to be called "The Hastings Family Townhomes." The tenants will pay no more than 30% of their gross monthly income with rents not to exceed tax credit rent ceilings. This development is proposed to be constructed in the Spring of 1997. City participation includes granting of an access easement across City owned property. When constructed, this development will add a significant amount of three bedroom (16) and two bedroom (15), family oriented, affordable rental housing units to Hastings' housing stock. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? The City of Hastings continues to strive to encourage a diverse housing stock which includes an adequate supply of affordable and life cycle housing. A. Building Trends: In recent years, on average, at least 40% of new residential units constructed in the City annually have been attached housing (town homes, twin homes, quad homes, etc.) or manufactured homes. Most of these units would meet the definitions of affordable housing that are being utilized for administration of the Metropolitan Livable Communities Act. For example, in 1995 the City's total new residential construction was as follows: 62 single family detached homes, 72 town homes and 22 manufactured homes. The average construction value for new single family detached homes was $122,000, for Town homes average construction value was $106,000 and for manufactured homes the average construction value was $32,000. Current building activity in 1996 and platting activity suggest that a desirable mix of affordable and life -cycle housing will continue to be added to the City's housing stock. For example: the City recently approved a revised development plan for the Riverwood (one of Hastings' larger new housing developments) which call for the construction of an additional 494 housing units. This total would include 88 twin homes, 184 town homes and 222 apartments at an overall housing density of 5.5 units per acre. The Riverwood development is a good example of Hastings flexibility in permitting a variety of housing styles to allow all segments of the housing market to be served. B. AnticipatedLife-cycle Housing Developments: The City of Hastings has approved a concept plan of the Regina Medical Center to construct 60 independent living apartments which would be constructed adjacent to an existing senior nursing care facility. The City is supportive of more flexible living arrangements which will encourage prolonged independence for senior citizens while reducing health care costs. The Hastings HRA is currently working cooperatively with a private developer to facilitate construction of a market -rate 28 unit condominium project in Downtown Hastings. To be sited on a riverfront site in a pedestrian friendly downtown setting, this project is geared toward providing another life-style alternative to empty -nesters. C. Implementation of Hastings'Comprehensive Plan Housing Policies: The City's current comprehensive plan adopted in 1993, includes the following overall housing goal: "The City of Hastings will help meet its residents' housing needs by acting to assure that the community has a variety of adequate, affordable, safe, sanitary and decent housing. The following seven policies were established to achieve this stated goal: licies 1) Hastings shall endeavor to provide a choice in variety of housing for all persons of all income and age groups for a healthy living, working and social environment. Hastings shall implement this policy by exercising zoning and subdivision concepts that allow flexible site design which permit a variety of housing types including, but not limited to, attached and detached single family, manufactured homes, multi family housing and apartments all of which can be developed as part of a planned residential development or cluster housing development. 2) Hastings shall promote maximum utilization of existing housing stock by encouraging rehabilitation and renovation. Hastings shall mandate compliance with the provisions of the Minnesota State Building Code and other City codes recognizing that this is the key to providing safe, sanitary and decent housing for its residents. 3) Hastings shall work with the Dakota County Housing and Redevelopment Authority (HRA) and other provider organizations to develop housing programs which meet the needs of its citizens. 4) Hastings shall provide anAdequate supply of land zoned for high density residential development, especially in transition land use area and along collector streets, recognizing that increased density generally results in decreased development costs per site. 5) Hastings shall allow small scale cluster housing concepts in residentially zoned areas to stimulate in -filling. This policy recognizes that in -filling can be an acceptable way to wisely use undeveloped properties, prevent urban sprawl, help conserve energy, and take advantage of established facilities and services. 6) Hastings shall exercise site plan review for multi family residential developments, recognizing that site plan review is necessary to produce developments that conserve energy, are aesthetically pleasing and compliment the natural characteristics of a site. Hastings shall require whenever possible that residential developments preserve natural topography and features including, but not limited to, wetland and trees. 7) Hastings shall allow manufactured homes limits, recognizing that manufactured homes are generally more affordable than conventional housing, and satisfy the demand for a variety of housing types. These policies are taken into account when any City actions are taken regarding comprehensive planning, land use regulation, code enforcement and investment. Cooperation of Affordable Housing Providers: the City of Hastings has maintained a sound working relationship with affordable housing providers or financiers such as Dakota County HRS NWA, and the Hastings Housing Coalition (HHC). HHC is a local non- profit housing advocacy organization which currently owns and manages three units of transitional housing. HHC is active in promoting tenants rights and is currently pursuing development of additional special -needs housing projects. 370�7� METROPOLITAN LIVABLE COMMUN17US ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of EMR GROVE HEIGHTS 1. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? A. Maintain zoning and subdivision regulations allowing for the construction of affordable housing. B. Maintain a close working relationship with the Dakota County Housing and Redevelopment Authority (HRA) to provide the necessary financial programs allowing for the construction of affordable housing. C. Determine, through an update of the City's Comprehensive Plan, the appropriate density of residential development. D. Determine, through an update of the City's Comprehensive Plan, the appropriate mix of housing types. 2. What has the community done already to encourage the availability of affordable and life cycle housing? A. Adopted zoning and subdivision ordinances which allow for the construction of affordable housing, including the use of Planned Unit Developments which provide flexibility in development and housing design. B. Approved a variety of housing types, including traditional single family, zero lot line single family, various townhouse designs, manufactured home parks, apartments, condominiums, and senior citizen townhouses, cooperatives, and apartments. C. Approved three projects involving the Dakota County HRA, including a senior apartment building, a townhouse project for low and moderate income families, and a single family development with moderate cost requirements. D. Worked closely with the Dakota County HRA on the Community Development Block Grant, including a housing rehabilitation financial assistance program, individual sewage treatment system financial assistance program, a housing project for AIDS individuals, and property acquisition for a senior apartment complex. 3q�TJ E. Selected a planning consultant to update the City's Comprehensive Plan, including land use, housing, and implementation chapters. 3. What will the community do in the future to encourage availability of aft'ordabie and lift cycle housing? A. Complete an update of the City's Comprehensive Plan which will establish goals, objectives, and implementation strategies for affordable and life cycle housing. B. Update the City's Zoning and Subdivision Ordinances to insure that the requirements provide an opportunity for life cycle and affordable housing. C. Review the City's approval process to assure that they are streamlined and do not cause unnecessary barriers to the construction of affordable and life cycle housing. D. Continue to work closely with the Dakota County HRA on the construction of developments and the use of Community Development Block Grants METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of LAKEVILLE i. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? A. OWNERSHIP (Affordability): According to the Metropolitan Council's calculation, 66 percent of Lakeville's owner occupied housing supply is considered "affordable. " For owner occupied housing, affordable equates to 80 percent of the median income (approximately $41,000) of a $115,000 home in 1994. As a result, the benchmark figure of 64-69 percent has already been achieved within the City. B. RENTAL: Of Lakeville's 1990 rental housing supply, 24 percent is classified as affordable. While this is significantly less than the benchmark figure of 35 to 38 percent established by the Metropolitan Council, it should be realized that since 1990, the City has added numerous rental units, all of which are subsidized, affordable units. Thus, the 24 percent figure does not accurately reflect existing conditions within the City. C. TYPE: According to the Metropolitan Council's City index calculation, 23 percent of Lakeville's housing supply is non -single family detached. Again, this is significantly less than the 35 to 38 percent benchmark for the year 1996 to 2010 period. Although several non -single family detached dwelling units have been added to the City's housing supply since 1993 (256 units), it is questioned whether the 35 to 28 percent benchmark figure proposed by the Metropolitan Council can be reasonably attained. D. OWNER / RENTER MIX: According to the Metropolitan Council's calculation, 86 percent of Lakeville's housing units are owner occupied, while 14 percent are rental units. These figures vary significantly from the benchmarks established for Owner/Renter Mix. While the percentage of rental units in the City is expected to increase in forthcoming years, the proposed benchmark figures are not considered reasonably anainable. E. DENSITY: In response to State mandates, new development in Lakeville protects areas with environmental constraints (such as wetlands, drainageways, steep slopes, etc.). by excluding these areas from buildable land area calculations, gross densities in areas where environmental features exist will be correspondingly low. Only in areas without such constraints will densities (gross) increase noticeably. As such, the City believes that the benchmark figures should be reflective of applicable environmental restrictions. 2. What has the community done already to encourage the availability of affordable and life cycle housing? A. Since 1990, 218 affordable rental units have been developed in Lakeville. Considering this increase, the city's actual affordable rental supply equates to a 39 percent figure. Thus, the Metropolitan Council's benchmark for affordable rental housing has actually been exceeded. B. The City Zoning Ordinance includes a range of residential zoning districts which are intended to provide for a variety of housing choices in the City. In total, the City offers eight zoning districts which provide single family and alternative owner occupancies as listed below: R -A, Single Family Agricultural District R-1, Low Density Single Family Residential District R-2, Single Family Residential District R-3, High Density Single Family Residential District R-4, Single and Two Family Residential District R-5, single Family, Two Family, and Medium Density Residential District R -MA, Mobile Home Park District PUD, Planned Unit Development C. The City of Lakeville holds ample land currently available (zoned) for owner occupied affordable housing. Specifically, 93 acres of undeveloped land is zoned and available for future mobile home development within the City. D. Considering that the City has a "healthy supply" (+/- 349 acres) of land currently zoned for non -single family detached housing, it can be concluded that the current supply of such housing type is directly related to community market conditions for such use. While opportunities for non -single family detached dwellings exist within the City, single family development continues to be the predominant use. E. Density - Single Family Detached: The existing City index and the Metropolitan Council's benchmark density figures (gross) for single family detached units are currently consistent (1.9 units per acre versus 1.9 to 2.3 units per acre). Multi Family: The City of Lakeville's multiple family housing supply currently meets its benchmark density figure of ten dwelling units per acre. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? A. Ownership: In regard to future development, the following mechanisms provide opportunity for ongoing compliance with benchmark affordability thresholds for owner occupied units in the 1996-2010 time frame: 1) Comprehensive Plan - The 1988 Comprehensive Plan includes numerous policies which promote affordable housing in the City: * The development and preservation of owner -type housing for low and moderate income households shall be encouraged; * Pursue a program of providing housing for low and moderate income families and individuals which avoids concentrating such housing within a single project area; * Encourage developments that include both subsidized and regular market rate housing within a single planned residential area; * Establish administrative and policy mechanisms which will facilitate the development of low and moderate income housing and correct existing housing deficiencies; * In providing housing for low and moderate income households, priority shall be given to Lakeville residents and notedly elderly residents; * The City shall ensure that all housing assistance available, be it state or federal, be made available and accessible to community residents; * The City newsletter, as well as local news media, shall be utilized as a vehicle for informing residents of housing program availability; * Detailed information regarding housing programs shall be made available through the City Administrative Offices; * Quantitative goals for the provision of low and moderate income housing and for housing rehabilitation shall be established and re-evaluated on an annual basis. Goal determination shall be based in part upon the availability of programs to meet stated goals; * Programs available through the Dakota County Housing and Redevelopment Authority shall be utilized when they can assist the City in meeting its particular low and moderate income housing goals; * Administrative costs of housing programs shall be minimized through the utilization, where feasible, of non -City staff (i.e., state and regional agency staff, existing private institution staff, etc.). B. The City's existing supply of rental housing is based in large part on historical market conditions and not land availability. Currently, the City holds 349 acres of vacant land zoned for multiple family (R-6 and R-7 Districts). In spite of such land availability, the city has not experienced any market rate rental development in the past ten years. As a relatively "young" community, Lakeville lacks features which typically equate to larger rental housing supplies. These include a limited employment base and a lack of mass transit facilities which are common to most developing, outer ring suburbs. While these quantities are expected within Lakeville as the community continues to develop, the City's existing rental housing supply responds to existing community and market conditions. C. As in the case of housing affordability, the City of Lakeville has several mechanisms in place intended to accommodate a variety of housing types. These include comprehensive plan policies, specialized zoning district provisions (zoning districts, PUD) and available land. 1) Specific policies of the City's 1988 Comprehensive Plan which encourage a variety of housing types include the following: * Maintain a balance in the types and quantities of housing units available throughout the City; * Provide sufficient housing options to meet the needs of all segments of the population, including the elderly and those of low and moderate income; Encourage and promote adequate living space and fully utilized housing through the provision of a range of choice among housing types and options; * Avoid the emergence of a polarizing age distribution by continuing to attract young persons to the community through provisions for housing styles which reflect related life styles and economic construction costs; * Maintain a balance in the availability of housing choices throughout the City. D. To be noted in regard to future multiple family development is that the city's various environmental precautions may reduce gross densities of future development. specific precautions involve various protections for the city's shoreland / floodplain areas, wetlands, steep slopes and wooded areas. The City of Lakeville does, however, hold ample undeveloped lands intended for high density residential development and toning district provisions which would allow densities greater than 10 units per net acre. Specifically, the ordinance allows for a maximum residential density of 17 dwelling units per acre (minimum 2,500 square feet per unit). METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of MENDOTA HEIGHTS 1. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? 2. What has the community done already to encourage the availabWty of affordable and life cycle housing? 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? 413c;,2 7 METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of i 5EMOINI 1. What are the community's key affordable housing issues ax they relate to the Housing Goads Agreement? A. Maintaining the quality, character and appearance of existing affordable housing B. Providing for an adequate ratio of affordable & life cycle housing as new growth and development continues to occur within the community. C. Determining appropriate locations for high density housing within the community. 2. What has the community done already to encourage the availability of affordable and life cycle housing? A. Approved a substantial ratio of affordable market rate and assisted rental housing B. Implemented community outreach programs to meet the needs of residents C. Adopted and implemented a housing and property maintenance ordinance D. Collaborated with Dakota County HRA for planned new senior rental housing E. Approved substantial medium density housing for community in the past few years F. Adopted significant objectives and policies geared toward affordable life cycle housing 1) provide housing in appropriate proportions for people of all incomes, age and life styles 2) upgrade and maintain the existing housing stock 3) participate in programs to meet the City's low and moderate income housing needs 4) cooperate with other agencies to make affordable housing available and rehabilitate older homes 5) disperse affordable housing and multi -family housing rather than concentration in large Projects 6) allow high density residential up to 12 units per acre and up to 40 units per acre in the CBD 7) allow increases in single family detached densities of 2.5 units per acre to 4 units per acre by PUD for innovative housing designs, group open space or to satisfy the need for affordable housing 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? A. Participating in the Dakota County Livable Communities Cluster and cooperating with the variety of affordable housing programs available through the Dakota County HRA B. Studying community land use patterns; identifying and/or re -guiding appropriate land area in meeting demand for new affordable medium and high density housing opportunities; and working with proposers to facilitate the land use approval �t4 process C. Utilizing existing development regulation flexibility and making further enhancements as needed, to encourage innovative compact residential development where appropriate D. Working toward economic development and providing an increase in the supply of adequate living wage employment opportunities METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of SOUTH ST. PAUL 1 • What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? Z. What has the community done already to encourage the availability of affordable and life cycle housing? 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? METROPOLITAN LIVABLE COM IUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of SUNFISH LAKE 1. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? 2. What has the community done already to encourage the availability of affordable and life cycle housing? 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? METROPOLITAN LIVABLE COMMUNTrMS ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of: WEST ST, PAUL 1. What are the community's key affordable housing issues as they relate to the Housing Goals Agreement? Staying in compliance with the specified benchmarks for the three subject areas. 2. What has the community done already to encourage the availability of affordable ,and life cycle housing? West St. Paul has already achieved full compliance with the benchmark ranges for affordable ownership and rentals, type of housing and single and multi -family density, as well as owner/rental mix. 3. What will the community do in the future to encourage the availability of affordable and life cycle housing? The community currently has a large area devoted to affordably priced housing on moderate-sized lots. For the past ten years, virtually all municipal infrastructure in this area (streets, underground utilities, sidewalks, parks) has been renewed, updated, and if necessary, replaced. Because of the age of this housing, an adequately funded housing rehabilitation loan program is essential. New construction is encouraged to balance perceived shortages in housing supply. This city is committed to providing high quality services for people of moderate means. Our history in doing this is the best indication of our probable success in continuing as a place where affordable housing is available. Agenda Information Memo June 4, 1996 Eagan City Council Meeting E. RECEIVE TASK FORCE REPORT AND CONSIDER A RESOLUTION DETERMINING THE ISSUING OF GENERAL OBLIGATION PARK BONDS ANDPROVIDING FOR AN ELECTION ACTION TO BE CONSIDERED: To receive the task force report and approve or deny a resolution determining the issuing of General Obligation Park Bonds and providing for an election. FACTS: • In a joint meeting with the Advisory Parks, Recreation and Natural Resources Commission on February 27, 1996, a presentation was made regarding the park bond referendum by members of the APRNRC. • After considerable discussion, a date of August 6, 1996, was determined to be the best date for the referendum. • At the regular City Council meeting held March 4, 1996, approval was given to the APRNRC 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. • The City Clerk is required to provide at least forty-five (45) days prior notice to the County Auditor for a special election. The notice must include both the date of the election and the question(s) to be voted on at the election. The deadline date for an election on August 6, 1996, is therefore Sunday, June 23, 1996. The time frame could be compressed, however, final action could be delayed if that is determined to be beneficial. • The approved resolution will be updated to include the dollar amount and exact question(s). ISSUES: • What is the final dollar amount to be voted on in the referendum? • What is the wording for the ballot questions(s)? • Is August 6, 1996, still the agreed upon date to conduct the referendum? • Should a letter be sent to owners of candidate land parcels notifying them that their property is a subject parcel? a sJ� Agenda Information Memo June 4, 1996 Eagan City Council Meeting ATTACHMENTS: • Task Force report enclosed on pagesthrough . • Draft letter to candidate land parcels is enclosed on page, /. • Enclosed on pages,2&0hroughc4is a letter from City Attorney Sheldon, a proposed general resolution and file memorandum including additional information. NOTE: The ballot needs to include the following notice in bold face type: "BY VOTING'YES' ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE." This is not included in the above referenced material. d; � May 31, 1996 Mayor Egan and City Councilmembers, The purpose of this letter is to report back to you the recommendations of the Open Space Task Force which began meeting on March 27 of this year. The Task Force felt it appropriate to provide a brief history of the events leading up to the creation of this committee and some of the factors that influenced the recommendations being made. The recent Parks System Plan accepted by the City Council in early 1995 provided a comprehensive inventory, review and analysis of the existing park, recreation and natural resources within the community. As part of that planning document, an entire chapter was devoted to a review of the natufal resources which have given Eagan a unique distinction among suburban communities. As part of the development of that chapter, the Advisory Parks, Recreation and Natural Resources Commission developed site elevation criteria for prioritizing open space land. It then applied this criteria to undeveloped parcels within the City and identified some 41 candidate sites having significant and valued resources. Between 1991 and the present, the City of Eagan has seen 1,525 acres developed as residential, commercial or industrial property. It is no wonder that residents from virtually all corners of the City have expressed great concern for the loss of the natural resource base that is inevitable with development. Reducing the density of many of the proposed developments in order to preserve the beauty and character of the community is another concern that was clearly evident with the proposed Carriage Hills Golf Course development. At the recommendation of the Advisory Parks, Recreation and Natural Resources Commission, the Council created the Open Space Task Force. Their charge was to review the list of candidate parcels to determine if a referendum to finance the acquisition of additional open space should be brought before the citizens of the community and, if so, what the dollar amount should be. The Task Force reviewed sections of the Parks System Plan, toured candidate sites and reviewed the need for development of existing parks to meet community needs. It was noted that Eagan, like our neighboring community of Burnsville, has regional and state parks nearby, however, Burnsville has nearly 20 more parks than Eagan and 1,700 acres of park land compared to approximately 1,200 acres in Eagan. Information was obtained about recent referendums in four other communities (a fifth was in Lakeville) for the purpose of acquiring open space. All of these referendums were successful. The Task Force also tried to balance the concern for increasing taxes with the concern for diminishing open space. The Task Force recognized that we will not be able to preserve every parcel of open space available, but we also recognized that there will be nothing left to preserve if nothing is done. Therefore, the Task Force makes the following recommendations. Of the original 41 sites identified by the Advisory Parks, Recreation and Natural Resources Commission, 23 candidate sites remain totaling approximately 500 acres. The Task Force would like the City to acquire, or be able to secure conservation easements on, between 95-125 acres of quality land for the City for open space - resource preservation. The expected cost would be approximately $3.8 million. It is the Task Force's recommendation that the City pursue "willing sellers" and since the Task Force has identified more sites and more acres than being recommended for acquisition, it is felt that this will foster a buyers market in that sellers will have to compete for limited dollars. a 5- 7 Eagan City Council Page 2 It is also recommended that $800,000 be included in the referendum for open space enhancements and improvements for items such as trails within open space parcels and for the initial development of Patrick Eagan Park and the creation of a nature center. Funds at Patrick Eagan would provide for the master planning of the park, observation decks, an interpretive center and vehicle parking. The Task Force also believes that continued citizen input is important should the referendum be successful. We further recommend the continuation of this Task Force, expanded to include additional citizen members to help in the final determination of candidate sites to be acquired. The expanded Task Force would review costs and the value of the natural resources to be protected as primary considerations in their recommendations. To further obtain the maximum benefit possible from these funds, the recommendation is that conservation easements be sought when applicable, and that in some instances only a portion of parcels be acquired where the remainder is of questionable resource value. In summary, a referendum in the amount of $4.6 million is recommended. $3.8 million of that amount would be used toward acquisition of open space for natural resource preservation and the balance of $800,000 would be used for enhancement of open space. It is the Task Force's belief that this referendum is vital to the community and is very affordable with the average homeowner cost of less than $2.00 per month. On Behalf of the Task Force, David Szott, Chair Dear , In an effort to preserve some of the remaining high quality open space in the City of Eagan, the City Council has authorized an open space bond referendum which will be 'voted on in August of this year. You have more than likely read about this issue in the local newspapers. Some of the property that you own in Section contains significant natural resources that are certainly deserving of protection. You should be commended for your land preservation efforts on this parcel. The parcel, along with more than two dozen others in Eagan, has been identified by the Open Space task Force as a candidate for open space protection. If the open space bond referendum is successful„ you will be contacted by a city representative to discuss the potential of acquiring the property for permanent open space. The parcel would then be used for the purpose of nature observation, wildlife habitat and passive recreation. You will likely hear more about the open space bond referendum in the local newspapers in the near future. If you have any questions or would like more information on the bond referendum or eagan Parks in general, please feel free to contact me at We look forward to a successful bond referendum and working with you in the future. Yours for open space preservation. BondRel\5-31 drh a6-1 LARRY S. SEVERSON JAMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA March 12, 1996 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7538 (612)432-3136 TELEFAX NUMBER 432-3780 Mr. Tom Hedges, City Administrator Mr. Gene VanOverbeke, City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: General Obligation Park Bond Issue Dear Tom and Gene: LOREN M.SOLFEST ANNETTE M. MARGARIT SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE For reference, for your review enclosed is a draft certification of minutes relating to bond election for an unspecified amount for general obligation park bonds. I have left the polling places for each precinct blank since I do not have that information. In addition, I have only drafted a specific question for the park bond referendum. It is possible to have multiple questions. If the City desires to ask whether a certain amount should be expended to acquire a specific piece of property. That question can be drafted. For reference, also enclosed is the memorandum that I have prepared to our file regarding bond referendum procedures for your information. Please review the documents and let me know if you have any revisions. Thank you in advance for your consideration and cooperation in this matter. Very truly yours, i �4l Jam"es..F. Sheldon JFS:cld Enclosure �40 INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN ,CERTIFIED REAL PROPERTY LAW SPECIALIST. NSBA CERTIFICATION OF MINUTES RELATING TO BOND ELECTION FOR (AMOUNT) GENERAL OBLIGATION PARK BONDS Issuer: City of Eagan, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on Tuesday, June 4, 1996, at 6:30 o'clock P.M_, at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING (AMOUNT) GENERAL OBLIGATION PARK BONDS AND PROVIDING FOR AN ELECTION THEREON I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 4th day of June, 1996. E.J. VanOverbeke City Clerk a�� Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING (AMOUNT) GENERAL OBLIGATION PARK BONDS AND PROVIDING FOR AN ELECTION THEREON BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council hereby finds, determines and declares that it is desirable, expedient and necessary and in the best interests of the City and its inhabitants to undertake a park acquisition program within the City and to issue General Obligation Bonds of the City in an amount not to exceed to finance the acquisition program. 2. A special bond election is hereby called and shall be held on Tuesday, August 6, 1996, between the hours of a.m. and p.m., at which election the question of issuing the above bonds shall be submitted to the voters. 3. Notice of the submission of said question at said election shall be given by publication of the notice of election in the official newspaper by giving two (2) weeks published notice before the date of the election, and by posting said notice in the office of the City Clerk, also at least ten (10) days prior to the election date. Said notice shall be in substantially the following form: a -Q a NOTICE OF SPECIAL BOND ELECTION AUGUST 6, 1996 CITY OF EAGAN, MINNESOTA NOTICE IS HEREBY GIVEN that a special bond election will be held in and for the City of Eagan, Minnesota, on Tuesday, the 6th day of August, 1996, between the hours of a.m. and p.m., at which the following question will be submitted: Shall the City Council of the City of Eagan, Minnesota be authorized to issue General Obligation Bonds of the City in an amount not to exceed (amount) to finance the acquisition of parks? The polling places for said election shall be as follows: Precinct No. Polling Place 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 All registered and qualified voters of the City are entitled to vote at said election within the respective election precincts in which they reside. DATED this 4th day of June, 1996. BY ORDER OF THE CITY COUNCIL E.J. VanOverbeke City Clerk a�� 4. Pursuant to Minnesota Statutes, Section 205.16, the Clerk shall also post a copy of the sample bond ballot in his office at least four (4) days before said election and shall further have said sample ballot published in the official newspaper at least seven (7) days before said election. The sample bond ballot shall be in substantially the following form: OFFICIAL BOND ELECTION BALLOT CITY OF EAGAN, MINNESOTA AUGUST 6, 1996 VOTE ON THE FOLLOWING QUESTION: [ ] YES Shall the City Council of the City of Eagan, Minnesota be authorized to issue General Obligation Bonds of the City in an amount not to exceed (amount) to finance the acquisition [ ] NO of parks? INSTRUCTION TO VOTERS: If you approve of the above question, mark a cross (X) in the "YES" square opposite said question. If you disapprove, mark the cross (X) in the "NO" square opposite said question. 5. At least forty-five (45) days prior to the special bond election, the City Clerk shall provide a written notice to the County Auditor, including the date of the election and the question to be voted on at the election. 6. The Clerk is authorized and directed to cause to be printed official bond ballots for the use of the voters at said election. 7. The polling places for each precinct for the election shall be as set forth in the notice of election and the election officials for each polling place shall be appointed by a subsequent resolution of this Council to be adopted not later than 8. The City Council shall declare the results of the vote upon said issue when it meets as a canvassing board following said election. Attest: E. J. VanOverbeke City Clerk Approved: Thomas A. Egan Mayor a�' The motion for the adoption of the foregoing resolution was duly seconded by Councilmember following voted in favor thereof: , and upon vote being taken thereon, the and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a�& MEMORANDUM T0: File FROM: Jim Sheldon DATE: March 5, 1996 RE: City of Eagan Bond Referendum Procedures The City Council indicated that on August 6, 1996, it would like to hold a special election for a park bond referendum. You asked our office for a memo delineating the process and legal requirements for the City to hold a bond referendum. Public Purpose: State law prohibits the City from borrowing money unless certain requirements are met. Minnesota Statutes §475.52 provides that the City may issue bonds for the "acquisition or betterment of public buildings, means of garbage disposal, hospitals, nursing homes, homes for the aged, schools, libraries, museums, art galleries, parks, playgrounds, stadia... for changing, controlling or bridging streams or other waterways; ... without limitation by the foregoing, the City may issue bonds to provide money for any authorized corporate purpose except current expenses." Acquisition: "Acquisition" includes purchase, condemnation, construction, and acquisition of necessary land, easements, buildings, structures, machinery or equipment. See Minn. Stat. §475.51, Subd. 7. Betterment: "Betterment" includes reconstruction, extension, improvement, repair, remodeling, lighting, equipping, and furnishing. See Minn. Stat. §475.51, Subd. 8. Resolution of Necessity and Ex edienc : In order to initiate proceedings for the bond issuance, there shall be a resolution of the City Council stating the amount proposed to be borrowed and the purpose for which the debt is to be incurred. The resolution should provide for submission of the question to the vote of the electors and should also state that it is expedient and necessary to borrow the money for the intended purpose. See Minn. Stat. §475.57; State v. O�7 Independent School District No. 16, 165 N.W. 880 (1917) and Lindahl v. Independent School District No. 306, 133 N.W. 2d 23 (1965). The City can issue the bonds upon obtaining approval of the majority of the electors voting on the question of issuing the obligations. (Minn. Stat. §475.58 & Minn. Stat. §205.10, Subd. 1) Election: The election is ordered by resolution as a special election (if desirable) by the City Council on its own motion. The special election is conducted in the same manner provided for the municipal general election. (Minn. Stat. §205.10) Ballot Questions: "The basic rule that a separate proposition must be placed on the ballot for each distinct and independent object or purpose for which the indebtedness is contemplated ... is recognized even without an express constitution or legislative mandate..." The purpose of this requirement is to prevent log rolling and allow the voter the liberty of choice. Generally, acquisition is considered a separate question from betterment. (See Buhl v. Joint Independent Consolidated School District, 82 N.W. 2d 836 (1957). Notice Required: The City Clerk is required to give two weeks published notice prior to the election and has the option of posting ten days notice. However, the operative date is that the City Clerk must give 45 days notice to the County Auditor prior to the election. If the date of the election is to be August 6, then the last date that the Council could take official action at a regular Council meeting would be June 18, 1996. The City Clerk has expressed a preference for the June 4, 1996 Council meeting. If you have any questions regarding process or procedure, please feel free to contact me. JFS:cld mv, Agenda Information Memo June 4, 1996 A. UPS 2nd Addition/ChltslU Freightfine ACTIONS TO BE CONSIDERED: ► To approve or deny a Rezoning from Gopher Eagan PD to I-1. ► To approve or deny a Preliminary Subdivision for UPS 2nd Addition. ► To approve or deny a Conditional Use Permit for truck sales and service facility on the proposed Lot 1, UPS 2nd Addition. ► To approve or deny a Conditional Use Permit for outdoor storage on the proposed Lot 1, UPS 2nd Addition. ► To approve or deny a Conditional Use Permit for a pylon sign on the proposed Lot 1, UPS 2nd Addition. ► To approve or deny a Variance of 18 feet to the required 100 foot setback and buffer from adjacent property to the east which is zoned Agricultural. FACTS: The site was included in the Gopher Eagan Industrial Residential Planned Development which was established in 1976. The property was zoned for I-1 use prior to the establishment of the PD, and the PD remained consistent in the uses indicated for this property. The Rezoning to I-1 is requested at this time because the PD no longer serves its purpose for this site. ► The proposed Preliminary Subdivision consists of two lots on a 16.6 acre site. The proposed development plan for Chesley Freightliner calls for development on the 7.6 acres easterly lot, Lot 1, with no development at this time within the 8.9 acre westerly lot, Lot 2. ► The preliminary subdivision and development plans show a single access near the center of the site north onto Yankee Doodle Road. With the potential for a future upgrade and extension of Yankee Doodle Road to the east, a future access is shown at the northeast corner of Lot 1. The development proposal with the associated Conditional Use Permits and Variance includes a 12,800 square foot building, outdoor storage and display of vehicles, a pylon sign on the north side of the site, and a setback/buffer variance on the east side of the site adjacent to property which is zoned Agricultural. ► At the direction of the APC, staff arranged a meeting on May 9, 1996, between residents from the nearby neighborhood and the applicant. Additional detail on the discussion is presented in the attached staff memo dated May 23, 1996. The APC conducted a public hearings on this proposal at its regular meetings on April 23, 1996 and May 28, 1996, and recommends as follows, subject to the conditions listed in the APC minutes of May 28, 1996: Rezoning from PD to I-1- Approval Preliminary Subdivision - Approval CUP for truck sales and service - Approval CUP for outdoor storage - Approval CUP for pylon sign - Denial, APC recommends allowing wall signage on west building elevation instead. Variance to 100' setback - Approval ISSUES: Issues of concern which have been raised by neighboring residents are: - traffic/safety - noise and hours of operation - signage - lighting - exhaust odors - screening/landscaping - outdoor storage BACKGROUND/ATTACHMENTS: APC minutes of May 28, 1996, pagesc Z%Ithrouglr>? 7d" APC minutes of April 23, 1996, pa es S2--dthroug,��. Staff memo, page9gRt/ ougl1X- Staff report, pages througlX3§E - a7 o MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, M NNESOTA MAY 28, 1996 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, May 28, 1996, at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Miller, Members Burdon; Segal, Heyl, Richards, Frank. Also present were Senior Planner Mike Ridley, Senior Planner Lisa Freese, Planner Julie Farnham, Planner Steve Dorgan, Planner Pam Dudziak, Development Design Engineer John Gorder and City Attorney Mike Dougherty. AGENDA Member Heyl moved, Member Burdorf seconded, a motion to approve the Agenda. All present voted in favor. MINUTES Member Heyl moved, Member Burdorf seconded, a motion to approve the April 23, 1996, Advisory Planning Commission minutes. All present voted in favor. No visitors were present to be heard. OLD BUSINESS REZONING, PRELDIINARY SUBDIVISION, CONDITIONAL USE PER�NUTS AND VARIANCE UNITED PARCEL SERVICE Chairman Miller opened the first public hearing of the evening regarding a rezoning of 16.6 acres from Planned Development to Limited Industrial, a Preliminary Subdivision (UPS 2nd Addition), a Conditional Use Permit for outdoor storage, a Conditional Use Permit for sales and service, a Conditional Use Permit for a pylon sign, and a Variance to reduce the setback buffer from adjacent property which is zoned Agricultural from 100' to 80' located on Lots 1-16, Gopher Eagan Industrial Park 1st Addition, south of Yankee Doodle Road, east of T.H. 149 in the NE%4 of Section 13, Planner Pam Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated April 19, 1996. Ms. Dudziak noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Dudziak briefly outlined the applicant's proposal which was originally presented at the public hearing before the APC at its April 23, 1996, Page 2 May 23. 1996 ADVISORY PLANNING COMMISSION meeting. Ms. Dudziak further discussed the May 9, . 1996, work session at which the applicant, neighborhood residents and City staff discussed the issues of concerns of the residents. Ms. Dudziak outlined the issues discussed and potential modifications to the plans as a result of those discussions as outlined in her May 23, 1996, memorandum to the APC. The applicant, George Chesley, advised the Commission that the applicant would agree to lowering the proposed pylon sign to a height lower or at the height of the building. John- Hoff, a representative of Virginia Fox who owns the property easterly adjacent to the subject site, stated that Ms. Fox objects to the proposed rezoning and the setback variances. He further stated that the first notification of the proposal received by Ms. Fox was for this meeting. Planner Dudziak advised the Commission that Ms. Fox should have received notice at the outset of the proposal and that she will check City records to confirm Ms. Fox receipt of all notices. Mr. Hoff further inquired as to whether Yankee Doodle Road would be extended or otherwise improved and whether sewer and water currently exists. Development Design Engineer John Gorder advised that there are no definite plans by the County at this time for extension or improvement of Yankee Doodle Road and that there presently exists sanitary sewer and water to the subject site. Mr. Hoff concluded by requesting that the matter be continued until the notice issue is resolved. A resident of 580 Chapel Lane, Sheila Grabosky, noted that the May 9, 1996. work session meeting with the applicant and City staff was to be an informal meeting without any minutes and expressed concern that City staff prepared minutes or a memorandum outlining the contents of the meeting. The resident emphasized that the meeting with the applicant was "not a bargaining session" and the residents are still opposed to the proposed development. The resident of 580 Chapel Lane stated that the area residents oppose the proposal because it will result in an increase or significant change in traffic to and from Highway 494. She further stated that Rolling Hills subdivision was developed when the property was zoned Planned Development Light Industrial. She stated that the residents object to the subdivision because it is going from six small lots to two large lots with heavier operation. She stated that the residents object to the conditional use permit for truck sales and service in the absence of any results from the truck study to be conducted by the City, and because residential property (R-2) abuts kitty comer to the subject site, which will not be compatible with a big truck sales and service operation. She stated the residents further object to a conditional use permit for outdoor storage because there is no information as to the condition of the equipment to be stored before its sale. She also stated that the residents "absolutely" object to a pylon sign, noting that not one business in the area has a pylon sign and because of the low visibility site, the business does not need a pylon sign for visibility. The resident concluded that the proposed uses under the Page 3 May 23. 1996 ADVISORY PLANNING CONWSSION conditional use permit will be detrimental to the area, will change the character of the area, impair the property values, involve an operation or activity that will be hazardous or detrimental due to its production of traffic, noise, and exhaust odors and will create traffic congestion. A resident of 585 Chapel Lane stated that the proposed use will interfere with traffic on Yankee Doodle Road, past the proposed Promenade development and the proposal will increase traffic on Highway 149, which has no traffic controls. A resident of 510 Rolling Hills Circle presented . three photographs: (1) a photograph taken from the middle of the site showing the residences on Rolling Hills Drive and 77th Street; (2) a photograph from the entrance of the subject site which also depicts views of surrounding residents; and (3) a photograph depicting a view of homes across the street from the site, noting there are no trees to screen the site. The resident's photographs were taken while the trees were bare of leaves. The resident further noted that any landscaping by the use of trees along the north side of the property for screening will take anywhere from three to 54 years to block the view of the building. The resident finally noted that the applicant advised the residents that a part of the business will include the running of auto truck parts to and from the site, as a part of its regular business. A resident of 3430 Rolling Hills Drive expressed that the May 9, 1996, meeting was "a healthy exchange" of comments and concerns between the applicant and residents. He noted that trees on the north and east side of the property is critical to screen the site from the residential neighborhoods. A resident of 3310 Rolling Hills Drive stated that the consensus of Bur Oaks and Chapel Hills subdivisions was that any use permitted on the subject site should not decrease their property values. A resident of 3298 Rolling Hills stated her property overlooks the site and she currently contends with traffic from UPS, in addition to UPS' lights illuminating into her home at night. She stated that she was aware when she purchased the property that the subject site was zoned Light Industrial, but did not foresee that a trucking terminal would be permitted. She stated that the proposed use is too intense of an operation for the area. A representative of United Properties provided City staff with a notice mailing list. He noted that the proposed subdivision reduces the number of lots from 16 to 2 lots and that the proposed use is low land coverage. A resident who did not identify himself stated that he is able to view the site from his property and suggested that there be a buffer or transition zone between the residential and the subject site. The resident of 580 Chapel Lane added that Mr. Chesley invited the residents to visit their Owatonna facility. The resident stated that she did view the Owatonna facility and noted that the facility's neighbors include industrial uses and two trailer homes. She showed photographs of the Owatonna facility building and the neighboring residents. In response to Chairman Q �> Page 4 May 28, 1996 ADVISORY PLANNING COMMISSION Miller's question, the resident advised that she did not talk to the two adjacent residents because the two residents were mobile home owners, not single-family homeowners as are the residents in Eagan. She explained that because the residents adjacent to the Owatonna facility are "less quality people and less quality homes" it would be comparing apples and oranges and therefore there was no need to speak with the residents. Member Burdorf concurred that it may be helpful to have a transition use or zone between the subject site and the residential area, but it would be difficult to know where to start and stop with such uses. Senior Planner Freese noted that as a result -of the multi - housing study, the area surrounding the Bur Oak subdivision was zoned R-4 as a transition use. Member Frank noted that it is not practical for the City to deny a development request because a building may be seen from adjacent properties. He suggested that this item be continued to permit him and any other Commission members to so back and walk the site with the residents and the applicant to confirm their testimony at the hearing. Member Heyl stated that a completed truck -use study would have been beneficial to address this item and a traffic study would equally be beneficial to determine whether the proposal would have any adverse impact for the area. Member Heyl noted that any use on the subject site will be controversial to the residents in light of its zoned and comprehensive guide designation of Light Industrial. She stated that the property has been zoned and comp guided for light industrial for a number of years before residents moved into the area. She stated that the site is near an industrial area and near the Highway 149/55 Corridor, which is compatible for industrial use on the subject site. She questioned whether the area residents would even be satisfied with a multiple housing zone used as a transition between the residents and the subject property. She noted that the applicant has worked with the residents to accommodate their concerns and issues, noting the applicant's agreement to lower the proposed pylon sign and limit the hours of operation. Member Heyl concluded that a trucking sales and service should be in an industrial area and the subject site is zoned Industrial. Member Segal noted that this item was originally heard at a public hearing at the April, 1996, APC meeting and was continued to give the residents and the applicant time to meet to discuss the concerns and issues. He noted that staff has advised the Commission of the meeting, which has indicated the applicant working with the residents' concerns. He advised that the property is zoned Industrial and comp guided as industrial and therefore the proposed use is proper. Member Segal stated he disagreed with continuing this matter again to permit Commission members to meet with the owner or residents at the site outside the confines of a public meeting. Member Segal moved, Member Richards seconded, a motion to recommend approval of a rezoning of 16.6 acres from Planned Development to Limited Industrial. Page 5 May 28, I996 ADVISORY PLANNING CONINIISSION All approved in favor. Member Segal moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (UPS 2nd 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: A1, B1, B2, B3, B4, Cl, C2, C4, D1, El, F1, G1 and H1. Grading 2. The grading plan shall be revised to reflect grading which directs drainage away from the proposed building on Lot 1. Drainage 3. The storm drainage plan shall be revised to depict crowing of the entrance and catch basins to capture storm drainage from the entrance and convey it to the storm water basins. Water Quality 4. The Developer shall meet water quality mitigation requirements through on- site ponding. A two -cell ponding system shall be constructed with Lot 1 to meet treatment requirements for this portion of the subdivision. The upper cell shall have a wet volume of at least .3 acre-feet, and the lower cell shall have a wet volume of at least 1 acre-foot for this phase of the development. The pond system shall be expanded by an additional 1.5 acre-feet in wet volume when Lot 2 develops. The pond construction shall conform with the City's Standards for Detention Basin Design and the outlet shall have a skimmer of acceptable design to the City. Utilities 5. A 12 -inch valve and hydrant shall be constructed on the proposed 12 -inch water main extension east of the water service line to Lot 1. 6. The existing hydrant on Yankee Doodle Road shall be relocated to accommodate the proposed access to the development. J Page 6 May 28. 1996 ADVISORY PLANNING CONMSSION 7. The Developer shall be responsible for the vacation of existing Yankee Doodle Court and Kutoff Drive right of way prior to Final Subdivision approval. Tree Preservation 8. A Tree Preservation shall be submitted at the time application is made for a building permit or grading permit for Lot 2. All approved in favor, except Chairman Miller opposed. Member Burdorf inquired with the applicant as to its definition of "emergency" with respect to the exception to the hours of operation. The applicant agreed to amend the hours of operation condition to read as follows: "Regular hours of service of operation shall be restricted between the hours of 6:00 a.m. and 9:00 p.m., accept in cases of emergency where repair services commenced prior to 9:00 p.m. the emergency repair service operation may continue beyond 9:00 p.m. but in no case later than 11:00 p.m. Member Segal moved, Member Heyl seconded, a motion to recommend approval of a Conditional Use Permit for outdoor storage. All approved in favor, except Chairman Miller opposed. Member Segal moved, Member Heyl seconded, a motion to recommend approval of a Conditional Use Permit for sales and service, subject to the following conditions: Site Plan 1. The site plan shall be revised to show a larger service drive radius to better accommodate turning movements of vehicles from the east parking lot of Lot 2. 2. The trash and recyclables enclosure shall be constructed of materials which are architecturally compatible with the principal building. The enclosure gates shall be not less than 90% opaque to provide screening. I Building signage shall be allowed on the north building elevation only and the sign area shall not exceed 20% of the area of the north building wall. 4. All site lighting shall be directed downward and shielded to minimise glare onto adjacent properties and the public right of way. Page 7 May 28, 1996 ADVISORY PLANNING COMMISSION LandscaninL, 5. Automatic irrigation of landscaped areas is required. eration 6. Outdoor storage of semi -trucks and trailers is restricted to the designated storage areas on the site plan consisting of 184' strip along the east side of the parking lot, a 120' strip along the south edge of the parking lot, and no more than twelve vehicles in the designated display area along the north side of the parking lot. 7. Overhead doors shall be closed at all times, except as necessary for moving vehicles and materials in and out of the service area of the building. 8. Future truck/trailer storage in the expansion area is restricted to a single row along the perimeter of the storage area. All approved in favor, except Chairman Miller opposed. Member Segal moved, Member Burdorf seconded, a motion to recommend denial of a Conditional Use Permit for a pylon sign, but to recommend approval of wall signage on the west side of the building; All approved in favor, except Chairman Miller opposed, noting that if the pylon sign is lowered to the building height, then the pylon sign is not too intrusive for the site. Member Segal moved, Member Burdorf seconded, a motion to recommend denial of a Variance to reduce the setback buffer from adjacent property which is zoned Agricultural from 100' to 80' located on Lots 1-16, Gopher Eagan Industrial Park 1st Addition, south of Yankee Doodle Road, east of T.H. 149 in the NEI/4 of Section 13, on the grounds that the applicant has showed no hardship to warrant the variance. In response to Member Frank's inquiry, staff advised that because the comprehensive guide designates the adjacent property as industrial, the required setback would be five feet if it were zoned industrial, instead of 100 feet which is required for agricultural. Member Segal and Member Burdorf voted in favor, Members Heyl, Richards, Miller and Frank, opposed. a�� Page 8 May 28, 1996 ADVISORY PLANNING COMMISSION Member Heyl moved to recommend approval of the Variance for the reasons noted by Member Frank, Member Frank seconded. All approved in favor, except Member Burdorf and Chairman Miller opposed. Page 18 April 23, 1996 ADVISORY PLANNING CON IISSION REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE ' PERMITS & VARIANCE - UNITED PARCEL SERVICE Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 16.6 acres from PIanned Development to Limited Industrial, a Preliminary Subdivision (UPS 2nd Addition), a Conditional Use Permit for. sales and service, a Conditional Use Permit for a pylon sign, and a Variance to reduce the setback buffer from adjacent property which is zoned Agricultural from 100' to 80' located on Lots 1-16, Gopher Eagan Industrial Park 1st Addition, south of Yankee Doodle Road, east of TH 149 in the NEV4 of Section 13. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated April 19, 1996. Ms. Dudziak noted the background and history and the existing conditions of the subject property. George Chesley of Chesley Freightliner, the applicant, stated that its use will not take direct access onto Highway 149 and that its traffic is off of Yankee Doodle Road with traffic signals. He stated that there will be 10 to 15 trucks per day entering and leaving the site and approximately 10 to 20 employee parking. He stated that trucks will be displayed for sale; however, there will be no sales force actively selling the trucks. He stated that Chesley Freightliner is expanding its business into Eagan because of the trucking business already existing in Eagan. He noted that there will be no outside idling of trucks and all work on the vehicles will be inside, therefore the noise will be minimal. In response to Chairman Miller, the applicant stated that he would not agree to withdraw the application pending a study on trucking uses in the City. A resident at 580 Chapel Lane presented a photograph of Chesley Freightliner's site located in Roseville noting all the semi -tractors stored along the street boulevard. She stated that the neighborhood residents are not opposed to industrial use on the subject site, just opposed to a trucking use. She stated that she reiterates all of the points and concerns she raised with the Hoovestol item. A resident at 585 Chapel Lane stated that the traffic study presented to the City is outdated because it is two years old and before West Publishing came in. She stated that the next study is due in 1996. The resident opined that an upgrade of Highway 149 should be made before allowing any additional development along that roadway. A resident of 3298 Rolling Hills Drive stated that due to his work hours. 10:00 p.m. to 6:00 a.m., he has had the opportunity to observe the noise from UPS trucks at 6:00 a.m. and the proposed use will only add to the existing noise. Another resident of Rolling Hills Drive stated that he knew the property was zoned industrial but had been zoned industrial in 1959 and industrial uses then were much different than in 1996. Chris Hickok a representative of the applicant, noted that the site was difficult to develop and that they are proposing lower density than would be allowed by the Code. He further noted that customers to the site will be from or within the area and therefore will not be a� Page 19 April 23, 1996 ADVISORY PLANNING CONMSSION adding additional traffic to that area. A resident of Rolling Hills Circle expressed concern about the site's lighting, noting that they currently have adverse affects from UPS parking lot lights. A resident at 3337 Rolling Hills Drive noted that just as the Pondview Townhome residents did not want to look at a hotel, the residents in their neighborhood, with $200,000.00 homes do not want to see truck terminals. Another resident of 3422 Rolling Hills Drive stated that they currently hear banging and the .public address system from nearby truck terminals and do not want to add to that noise with the new development. The public hearing was closed. Member Heyl stated that she has the same concerns with the present proposal as she had with the Hoovestol proposal, noting that an accurate traffic count was not available; the speculation as to the future plan for the upgrade of Highway 149; the outdoor storage of trucks and tractor trailers and that the proposed use abuts a residential area without any transition is not consistent. Member Frank noted that his concerns with the Hoovestol focused on the use's direct access to Highway 149 which is not present with the present item. In response to Member Frank's question, Associate Planner Dudziak stated that no residential properties abut the subject site and that trees exist along the east side, with a slope and substantial pine growth on the adjacent property to the east. Member Segal concurred with Member Frank, stating that the proposal is entirely different from the Hoovestol proposal and noted that with the truck sale conditional use the City may direct many restrictions as a condition of the conditional use permit. Member Segal noted that under the current zoning designation, a more drastic intrusive use could be permitted on the site, that the proposed use is not inconsistent with the area but recommends that conditions which address the residents' concerns are made subject to the conditional use permit. In response to Member Segal's suggestion, the applicant's representative stated that the applicant would agree to continue the application to the May, 1996, APC meeting to work with City staff in the interim to establish conditional use permit conditions to address the residents' concerns. A resident at 585 Chapel Lane stated that the traffic from the subject site still travels Highway 149 and therefore traffic is still an issue. Member Richards disagreed stating that truck access on and off of Highway 149 is not a concern as the previous item because truck access is controlled by traffic signals for access onto the subject site. Member Frank moved. Member Burdorf seconded, a motion to continue this item to the May APC meeting. All approved in favor. age MEMO — city of eagan TO: Mark Miller, Chair Advisory Planning Commission Members FROM: Pamela Dudziak, Associate Planner DATE: May 23, 1996 RE: UPS 2nd Addition/Chesley Freightliner At the April 23, 1996, meeting of the Advisory Planning Commission, United Properties and Chesley Freightliner agreed to a continuance of the public hearing for their subdivision, rezoning, conditional use permits and variance requests. In response to the APC's request, city planning staff conducted a work session on May 9, 1996, with the applicants and some of the residents in the residential development north of the proposed development site. The purpose of the work session was to identify issues of concern and potential modifications to the plans which might mitigate those concerns. Five people from the nearby residential neighborhoods participated in the work session. Their concerns centered around the Chesley Freightliner development proposal and not the subdivision. The following issues were discussed: noise and hours of operation, signage, lighting, exhaust odors, screening/landscaping, and outdoor storage. Noise/Hours of Operation: The residents were concerned about noise that may be generated from the operation of the service portion of the business. To address this concern, the applicant agreed to restrict the regular hours of operation to between 6:00 a.m. and 9:00 p.m. The applicant, however, wants to retain the flexibility to respond to an occasional emergency outside of these regular hours. Signages The residents requested that there be no pylon sign. As an alternative, they suggested building wall signage on the west elevation, or a monument sign. The applicant explained that their manufacturer requires the pylon sign. The applicant has offered to limit the hours when the pylon sign is lit, and would be willing to explore obtaining an exception from the manufacturer to allow some other alternative signage in place of the pylon. The City Code permits one monument sign per building. However, building wall signage on the west elevation would be a deviation from the Code requirements since the site does not have street frontage on the west side. aJ( Memo to Advisory Planning Commission UPS 2nd Addn./Chesley Freightliner May 23, 1996 Page 2 Lighting Concerns about visibility of light sources from off the site were discussed. The residents were informed that the typical City lighting standard would be applied whereby the site lighting would be shielded and directed downward and into the site to minimize light spilling over to the public right of way and adjacent properties. Exhaust Odors: The applicant will install proper ventilation in the facility as required by Minnesota Pollution Control Agency and other regulating bodies. The applicant indicated the exhaust which is generated inside the service facility is vented to the outside and allowed to dissipate naturally, and filtration devices to filter out exhaust odors are not required. The applicant also emphasized that they do not run the trucks while they are working on them. Screening/Landscaping: Screening and landscaping were discussed in conjunction with the variance to the 100 foot setback on the east side of the property. The residents oppose the variance, but with additional landscaping and screening on the east and the northeast portion of the site, the proposed 82 foot setback would not present a problem for them. The applicants agreed to relocate some of the Spruce trees from the west edge of the site to the northeast. In a discussion with George Chesley following the work session, he indicated that in addition to relocating some of the trees already shown on the landscape plan, they could add more trees in those locations for screening and buffering. Outdoor Storage: The residents expressed concerns about what materials would be stored outside. The Conditional Use Permit request is for outdoor storage of trucks only. With the additional landscaping installed on the northeast portion of the site, residents do not object to vehicle storage, but were still concerned about storage of fuel, used oil, parts and equipment storage outside. It was clarified that there would be no on-site storage of fuel, used oil would be stored in accordance with the Fire Marshall's specifications, parts and equipment will be stored inside the building, and the trash/recyclable enclosure will be large enough to accommodate all dumpsters. The work session provided a productive opportunity for discussion and understanding between the applicants and the neighboring residents. Although agreement was not reached on all the issues raised, there was some give and take on both sides. Some additional conditions of approval were generated, and modifications which could be made to some of the conditions in the staff report were identified. New Conditions Not In Staff Report: A) Regular hours of service operation shall be restricted to between 6:00 a.m and 9:00 p.m., except in cases of emergency. Memo to Advisory Planning Commission UPS 2nd Addn./Chesley Freightliner May 23, 1996 Page 3 B) Additional landscaping in the form of evergreen trees shall be provided on the east and northeast sides of the parking lot. The trees shall be staggered in alternating rows to provide a year around visual screen and noise buffer. The applicant shall provide a revised landscape plan showing the additional landscaping prior to Final Subdivision approval. Modified Conditions from Staff Report: C2 and D2) The trash and recyclables enclosure shall be constructed of materials which are architecturally compatible with the principal building. The enclosure shall be of a size IgIge enough to enclose all trach and recyclable Materials du=sters- and the enclosure gates shall be not less than 90% opaque to provide screening. C3) If the Conditional Use Permit for the pylon sign is recommended for denial, alternative signage should be specified in the conditions of the Conditional Use Permit for truck sales and service. PLANNING REPORT CITY OF EAGAN REPORT DATE April 19, 1996 APPLICANT: United Parcel Service/ Chesley Freightliner CASE: 13 -PP -5-2-96; 13-RZ-4-2-96; 13 -CU -6-2-96; 13 -CU -14-4-96; 13 -CU -15-4-96; 13-V-4-4-96 HEARING DATE: April 23, 1996 PROPERTY OWNER: United Parcel Service/ PREPARED BY: Pamela Dudziak Schafer Contracting Co., Inc. REQUEST: Rezoning, Conditional Use Permits, Variance and Preliminary.Subdivision (UPS 2nd Addition) LOCATION: East of Hwy. 149 and South of Yankee Doodle Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development UPS and Chesley Freightliner are requesting a Rezoning from PD to I-1, a Preliminary Subdivision for UPS 2nd Addition consisting of two lots, three Conditional Use Permits for outdoor storage, truck sales and service, and a pylon sign, and a Variance to reduce the setback buffer requirements from adjacent property which is zoned Agricultural. The subject site consists of property currently platted as Lots 1-16, Block 1, Gopher Eagan Industrial Park 1st Addition and includes the Yankee Doodle Court and Kutoff Court street rights of way dedicated in Gopher Eagan Industrial Park 1 st Addition. The property is located east of Hwy. 149 and south of Yankee Doodle Road in the SE 1/4 of Sec. 12 and NE 1/4 of Sec. 13. 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. Planning Report UPS/Chesley Freightliner April 23, 1996 Page 2 B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. L That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved. and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. Planning Report UPS/Chesley Freightliner April 23, 1996 Page 3 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. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. a 1( Planning Report UPS/Chesley Freightliner April 23, 1996 Page 4 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The site was included in the Gopher Eagan Industrial/Residential Planned Development which was established in 1976. Prior to the establishment of the PD, the property wos zoned Light Industrial and the PD remained consistent with the zoning and specified light industrial uses for this property within the PD. Also in 1976, the property was platted into 16 lots as part of Gopher Eagan Industrial Park First Addition. No development has occurred on this site, however, the westerly portion is currently being used by Shafer Contracting Co., Inc. to obtain gravel and sand borrow for off-site use. The site consists of 16.6 acres and is located south of Yankee Doodle Road, east of Hwy. 149 in the northeast 1/4 of Section 13 and southeast 1/4 of Section 12. The proposed plan calls for development to take place within the 7.6 acre easterly lot, Lot 1, with no development at this time within the 8.9 acre westerly lot, Lot 2. The site topography is essentially flat and open and contains no structures. The site has a large borrow pit near its center that has been used to obtain gravel and sand borrow for off-site use. The southwest portion of the site contains some trees which constitute a significant woodland and which will remain at this time. The following existing uses, zoning, and comprehensive guide plan designations surround the subject Property. North - Trucking Facility and vacant property, Zoned Gopher Eagan PD for light industrial uses, Guided IND, Limited Industrial. The vacant property is proposed for office warehouse or light manufacturing uses as part of a proposed amendment to the Gopher Eagan Planned Development. South - Trucking Facility and UPS, Zoned I-1 Limited Industrial, Guided IND Limited Industrial East - Vacant, Zoned Agricultural and Planned Development, Guided Limited Industrial West - Across Hwy. 149, the property is zoned Planned Development and Guided Limited Industrial aF7 Planning Report UPS/Chesley Freightliner April 23, 1996 Page 5 UPS and Chesley Freightliner are requesting a Preliminary Subdivision for UPS 2nd Addition consisting of two lots, and a Rezoning of the property from PD to I-1. Chesley Freightliner also is requesting the necessary Conditional Use Permits to establish a truck sales and service facility on Lot 1 of the proposed UPS 2nd Addition, and Shafer Contracting will continue to mine on Lot 2 of the proposed UPS 2nd Addition. Chesley Freightliner's proposed facility would act as a satellite operation to the main facility in Roseville. The facility would include short and long term outdoor storage of trucks and trailers. Short term storage typically would be for one or two days while tractors are being repaired and these would be located in the designated area south of the building. Long term storage would be provided for trailers on display for sale. These vehicles would be stored in the designated area east of the building and some will be displayed. on the north side of the parking lot in front of the building. Chesley Freightliner is also requesting a pylon sign. Prior to establishment of the Gopher Eagan Planned Development, the property was zoned Light Industrial. The Planned Development maintained consistency with the previous zoning and specified light industrial uses for this site. However, Gopher Resources, which established the Planned Development, no longer has an ownership interest in this property and consequently, the PD no longer serves its purpose for this site. For this reason and because development under straight I-1 zoning is a less cumbersome process than under the PD zoning, staff recommended to the applicant that the rezoning be pursued with the development application. The rezoning is consistent with the city's Comprehensive Guide Plan and I-1 is the appropriate zoning district for this type of use. As a conditional use, the I -I zoning district allows truck sales and service, including outdoor storage. LM - The proposed Subdivision would consolidate the existing 16 lots into two lots having areas of 7.6 acres and 8.9 acres. Both proposed lots exceed the I-1 minimum requirements for 1/2 acre lot area and 100 foot lot width. ring - With minor modifications, the preliminary grading plan is acceptable. The grading plan provides for the entire site to slope from south to north. Grading of the site is proposed to be done in phases with Lot 1, the entrance from Yankee Doodle Road and a portion of the storm ponding to be completed first. The preliminary grading plan shows grading south of the proposed building on Lot I which directs drainage toward the building. The grading plan should be revised to reflect grading which directs drainage away from the proposed building. Planning Report UFS/Chesley Freightliner April 23, 1996 Page 6 Storm Drainage - With some modifications, the preliminary storm drainage plan is acceptable. The site's storm water runoff is proposed to drain to the north and be conveyed by storm sewer to the proposed storm water basins along the north edge of the site. Storm water runoff will then drain to the existing storm sewer within Yankee Doodle Road which leads to Bur Oak Pond. The preliminary storm drainage plan shows sheet drainage from west to east across the entrance from yankee Doodle Road. The storm drainage plan should be revised to depict crowning of the entrance and catch basins to capture storm drainage and convey it to the storm water basins. Water Quality and Wetlands - This site is located in Drainage Basin G, approximately 1/2 mile south of Bur Oak Pond, which is identified as a Class II indirect contact recreation water body in the City Water Quality Management Plan. The developed site will generate runoff that will discharge to a constructed detention basin south of Bur Oak Pond in Bur Oak Park. This detention basin was deepened as part of a capital improvements project carried out by the City in 1994. The detention basin in turn discharges to Bur Oak Pond. Because of the relatively large size of the site, the high impervious coverage, and the close proximity of a recreational class water body, staff recommends on-site ponding to meet water quality treatment requirements. The developer proposes a 3 -cell system to meet treatment requirements for both Lots 1 and 2. The eastern most half of the treatment system (the eastern most pre-treatment cell and at least half of the middle cell) will be constructed with the development of Lot 1. The remainder of the treatment system would be constructed when Lot 2 develops. Modeling indicates the proposed treatment configuration will be adequate to meet non -degradation standards for Bur Oak Pond. There are no jurisdictional wetlands on the development site. Utilities - With some modifications, the preliminary utility plan is acceptable. Sanitary sewer of sufficient size, depth, and capacity is available for connection within Yankee Doodle Road right of way east of the existing cul de sac. Sanitary sewer service is proposed to Lot 1 by extending this existing sanitary sewer in Yankee Doodle Road to the east. Water main of sufficient size and capacity is also available within Yankee Doodle Road right of way and proposed to be extended east to serve Lot 1. A 12 -inch valve and a hydrant on the 12 -inch water main should be constructed east of the proposed water service line to Lot 1. The existing hydrant on Yankee Doodle Road should be relocated to accommodate the proposed access to the development. Sanitary sewer and water main lines within TH-149 right of way are available to serve future development of Lot 2. Streets/Access/Circulation - The developer is proposing to take a single access for the entire development near the center of the site north onto Yankee Doodle Road (Dakota County Road 28). The proposed access location shown on the preliminary site plan is in accordance with the Dakota County requirement that it align with the existing commercial entrance north of Yankee Doodle a�� Planning Report UPS/Chesley Freightliner April 23, 1996 Page 7 Road. The proposed access is located at the eastern end of the Yankee Doodle Road cul de sac east of Hwy. 149. This portion of Yankee Doodle Road is currently a rural section roadway. The Minnesota Department of Transportation (MnDOT), Dakota County, and the cities of Mendota Heights, Inver Grove Heights and Eagan are jointly preparing a corridor traffic study for the TH-55 and Hwy. 149 area. With this study, one of the potential improvements to be investigated is the upgrade and extension of Yankee Doodle Road from Hwy. 149 to Hwy. 55. The proposed access location to this site from Yankee Doodle Road accommodates this potential improvement. In the event Yankee Doodle Road is extended to the east, a future access at the northeast corner of Lot 1 is shown and proposed to be constructed at that time. This future access was not addressed by Dakota County's review of the preliminary plat and would require approval from Dakota County at the time of its construction. The conceptual layout, as depicted, shows a small radius which would create difficult turning movements for vehicles from the east portion of the parking lot. The site plan should be revised to show a larger radius on the service drive to better accommodate turning movements of vehicles from the east parking lot of Lot 2. Easements/Ri t of Way/Permits - The developer has made application to the City for vacation of the Yankee Doodle Court right of way and Kutoff Drive right of way previously platted on this site with the Gopher Eagan Industrial Park First Addition. The City is processing the application for these vacations at the time of this report. The developer should be responsible for the vacation of these rights of way prior to the Final Subdivision approval. Because only one joint access is provided for both Lots 1 and 2, cross easements for joint ingress and egress should be established. Tree Preservation - The Tree Preservation/Landscape Plan is acceptable. There is no significant vegetation in Lot 1. However, Lot 2 contains a significant woodland on the west side. This woodland measures about 25,000 square feet in size and is comprised of cottonwood and aspen trees in the diameter range of 6 - 19 inches. As stated earlier, there is no development proposed for Lot 2 at this time, therefore, there is to be no tree/woodland removal. Tree preservation issues for Lot 2 will be addressed in the future when either a Building Permit or a Grading Permit is applied for. Parks and Recreation - Parks dedication was fulfilled with the Gopher Eagan Industrial Park PD. A cash trails dedication will be required. Airport Noise - The site is located within the Metropolitan Council Noise Zone IV. Industrial. office and commercial uses are consistent withthis noise zone. Typical commercial construction is sufficient to attenuate outside noise to levels acceptable for such uses. However, the developer should be encouraged to incorporate noise attenuation designs in their improvements if any of the specific uses might be affected by aircraft overflights. Planning Report UPS/Chesley Freightliner April 23, 1996 Page 8 Pro ed Use - Chesley Freightliner is requesting three Conditional Use Permits to establish a truck sales and service facility on Lot 1 of the proposed Subdivision. The conditional use permits are required for outdoor storage, truck sales and service, and a pylon sign. The facility would include an 80 foot by 160 foot building consisting of 2,000 square feet for office and 8,800 square feet for service and repair. Compatibility with Surrounding Are -The proposed use is consistent with the light industrial nature of development in this area. Surrounding industrial uses include trucking facilities and outside storage and Chesley's proposal is compatible with these uses. The Chesley Freightliner proposal also would be compatible with light industrial, office/warehouse or light manufacturing uses for the vacant property north of the Chesley site (Outlot D, Gopher Eagan 2nd Addition). Also, development of the Outlot D will serve to buffer the residential development from the Chesley site. Site Plan - The site plan shows a common driveway serving both Lots 1 and 2. At such time in the future as Dakota County extends an improved Yankee Doodle Road further east, a second driveway on the east end of the site to serve Lot 1 is proposed to be added. The detention pond is proposed on the northern portion of the site, and will ultimately serve both Lots 1 and 2. Setbacks - The building exceeds minimum yard setback requirements. Hardsurfaced parking areas also satisfy minimum setback requirements, except on the northern portion of the east side of the site. In that location the adjacent property is zoned Agricultural, and thus requires a 100 foot setback. Variance - Chesley Freightliner is requesting a Variance to the 100 foot setback requirement on the east side of the site and proposes to provide an 82 foot setback. The 100 foot setback is intended to provide a buffer between the industrial and rural, agricultural or residential uses. However, the adjacent property is designated in the Comprehensive Plan for industrial use and the current Agricultural zoning serves to hold the property for future industrial development. There are no structures or residential uses on the adjacent Agricultural parcel. In addition, there is a natural buffer of trees which straddles the east property line and is located on a grade which slopes down to the east. The portion of this natural buffer which lies on this site will remain undisturbed, and because of the slope, it is unlikely that the portion which lies on the adjacent property will be removed in the future. Therefore, although the strict application of the Code is not satisfied, it appears the intent of the Code is upheld with this application. Building Materials - The exterior building materials are precast white/light grey concrete panels having a groove and smooth finish. Architectural interest is provided by a horizontal band of smooth finish precast concrete in the same color. On both the west and east elevations, overhead doors provide access to the service area. 40M Planning Report UPS/Chesley Freightliner April 23, 1996 Page 9 Parking - 48 parking stalls are proposed in two locations, 27 on the east side of the site and 21 in front of the building. A surmountable curb between the parking and display areas delineates the two to minimize conflicts. Chesley Freightliner has indicated that the display is changed during periods when the office is closed and no customer vehicles are present so that the vehicles can be driven through the parking area over the surmountable curb to and from the display area. Outdoor Storage - Outdoor storage requires a Conditional Use Permit. The site plan shows outdoor storage in two phases. The first phase will be initially constructed and consists of truck parking for approximately 15 trucks on the east side of the site and 10 trucks south of the building. The south edge of the storage lot will be constructed with a bituminous curb to allow for expansion of the truck storage area to the south as needed in the future. Future storage within this expansion area should be restricted to a single row along the perimeter of the storage area. Display storage is also proposed on the north edge of the parking lot, adjacent to the Yankee Doodle Road right of way. As mentioned above, the display area will be elevated with a surmountable curb delineating the display area from the vehicle parking area. The applicant has indicated that the display area will accommodate approximately 12 vehicles. Signage - The proposed pylon sign requires a Conditional Use Permit. The proposed two-sided pylon sign is red and black with white lettering. The pylon sign complies with the city's sign ordinance requirements and is 26 feet in height with an area of 40 square feet per side. The sign will be located between the parking lot and Yankee Doodle Road right of way at the required ten foot minimum setback from the property line. Other signage consists of a building wall sign on the north building wall. This wall sign is limited in size to 20% of the area of the building facade. Landscaping - The Landscape Plan is acceptable. Screening for the storage area is provided on the west side of Lot 1 by a row of evergreen trees. The storage area on the east side of the site is screened from the west by the building. No landscape screening is proposed on the east side of the site because of the drop in elevation to the adjacent property and the existing trees in this area. In addition, the adjacent properties are vacant and designated for industrial use. The building has a ten foot planting strip on the north side which extends partway along the east and west building elevations. The 20 foot strip along the north side of the property is proposed to contain some overstory trees at both ends and shrubs along the length. SUMMARY/ ONCLU ION UPS and Chesley Freightliner are requesting a Rezoning of the property from PD to I-1 at the suggestion of City staff. The I-1 zoning is the appropriate zoning district for the type of use Planning Report UPS/Chesley Freightliner April 23, 1996 Page 10 proposed. With a Conditional Use Permit, the I-1 zoning district allows truck sales and service including outdoor storage. The property was previously platted as 16 lots of Gopher Eagan Industrial Park 1st Addition. The proposed Preliminary Subdivision (UPS 2nd Addition) would replat the property into two lots of 7.6 and 8.9 acres. The Subdivision will required some modifications to the Grading, Utilities, and Storm Drainage Plans, which can be made prior to the Final Subdivison.. Chesley Freightliner proposes to establish a truck sales and service facility on Lot 1 of the proposed UPS 2nd Addition, Lot 2 will continue to be mined. Three Conditional Use Permits and one Variance are related to this development proposal. A Conditional Use Permit is required in the I-1 zoning district for truck sales and service, and for the associated outdoor storage of trucks. Chesley Freightliner is also requesting a Conditional Use Permit for a pylon sign and a Variance from the 100 foot setback and buffer requirements from the adjacent property to the east which is zoned Agricultural. A. To recommend approval or denial of the Rezoning from Gopher Eagan PD to I-1. B. To recommend approval or denial of a Preliminary Subdivision for UPS 2nd Addition. Approval subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, E1, F1, G1 and H1. 2. The grading plan shall be revised to reflect grading which directs drainage away from the proposed building on Lot 1. 3. The storm drainage plan shall be revised to depict crowning of the entrance and catch basins to capture storm drainage from the entrance and convey it to the storm water basins. Planning Report UPS/Chesley Freightliner April 23, 1996 Page 11 4. The developer shall meet water quality mitigation requirements through on-site ponding. A two -cell ponding system shall be constructed with Lot 1 to meet treatment requirements for this portion of the subdivision. The upper cell shall have a wet volume of at least .3 acre-feet, and the lower cell shall have a wet volume of at least 1 acre-foot for this phase of the development. The pond system shall be expanded by an additional 1.5 acre-feet in wet volume when Lot 2 develops. The pond construction shall conform with the City's Standards for Detention Basin Design and the outlet shall have a skimmer of acceptable design to the City. 5. A 12 -inch valve and hydrant shall be constructed on the proposed 12 -inch water main extension east of the water service line to Lot 1. 6. The existing hydrant on Yankee Doodle Road shall be relocated to accommodate the proposed access to the development. 7. The developer shall be responsible for the vacation of existing Yankee Doodle Court and Kutoff Drive right of way prior to Final Subdivision aprpoval. 8. A Tree Preservation for shall be submitted at the time application is made for a Building Permit or Grading Permit for Lot 2. C. To recommend approval or denial of a Conditional Use Permit for truck sales and service facility. Approval subject to the following conditions: 1. The site plan shall be revised to show a larger service drive radius to better accommodate turning movements of vehicles from the east parking lot of Lot 2. 2. The trash and recyclables enclosure shall be constructed of materials which are architecturally compatible with the principal building. The enclosure gates shall be not less than 90% opaque to provide screening. 3. Building signage shall be allowed on the north building elevation only and the sign area shall not exceed 20% of the area of the north building wall. 4. All site lighting shall be directed downward and shielded to minimize glare onto adjacent properties and the public right of way. Planning Report UPS/Chesley Freightliner April 23, 1996 Page 12 5. Automatic irrigation of landscaped areas is required. 6. Outdoor storage of semi -trucks and trailers is restricted to the designated storage areas on the site plan consisting of a 184' strip along the east side of the parking lot, a 120' strip along the south edge of the parking lot, and no more than twelve vehicles in the designated display area along the north side of the parking lot. 7. Overhead doors shall be closed at all times, except as necessary for moving vehicles and materials in and out of the service area of the building. 8. Future truck/trailer storage in the expansion area is restricted to a single row along the perimeter of the storage area. D. To recommend approval or denial of a Conditional Use Permit for outdoor storage. Approval subject to the same conditions as stated in C above. E. To recommend approval or denial of a Conditional Use Permit for a pylon sign. Approval subject to the following conditions: 1. One pylon sign is allowed, 26' feet in height and 40 square feet per side in area. The pylon sign shall be located along the north property frontage, and be set back a minimum of ten feet from the property line. F. To recommend approval or denial of an 18 foot Variance to the 100 foot setback and buffer from adjacent property to the east which is zoned Agricultural. a�� STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. asements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -0f --way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 0�� 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such pian shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. ermits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication I. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water uali Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: _ August 25, 1987 LTst5 STANDARD.COH City Council September 15 1987 Revised: July 10 1990 Revised:_ February 2. 1993 aI � FINANCIAL OBLIGATION - UPS 2ND There are pay-off balances of special assessments totaling 52,695 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments totaling 577,631 on the parcels proposed for platting. The pendings are from Project 638, Yankee Doodle Road. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Lateral Benefit Water CA $25.90/f.f Quantity 373.7 f.f. Amount jOAK �OAO \ \ 70 LONE OAK ROAq L I .0 1 ROAD tRUNK F/lyy 53 I � v Q� RITA 1 9A IPEL L_J J ALDRIN DR. i MLL051TDE ' I 1 1 � h 01--- 0_ 51 ! s1 E OTT RD. TRAIL r7r- � I - Q9 T 0 T V. GRT ILLS ' HKEE 00 L CT. ' 1 a ' .0 S ' Op4RI`- - - WESCOTT 13 -- STATION PARK LOCATION a� %)O -D AREA MAP ' COYER $MEET / � PLAT 11 ��/sA&UntEO PARCEL SERMCE �/IlAffjam Oy www M+. •+.�r.w r• w 3 PRELIMINARY PLAT r'i '�: T77 T. i i i f, fit ..p f 1 I I � u j I ......• ... ...rr........................n. x�� 1 L et 1[w.a• �j��J_ --- -------------- Na . .- p UPS 2ND ADDITION 1��"— ••�• ••••• ••� •• •• PRELIMINARY GRADING CLAN //� I r«�.�. �.�n 71" W fPARCEL AD HEOLvA PRELIMINARY GRADING 3 Neto W .32 T I10hG �,' jr aaare�net... w•�.. „[ seta. am.c*s• .�r.e�. •sne m Cl) M I I -------------------------I. - J—J\ --- ---------------- -- -------------- L Q3 F--iij-- LIPS 2ND ADD UMINARY ulnLIT, PLAN LEI REftA -I PRELIMINARY UTILITY PLANOM-32 ow UST ftqw�v ME" 0013V-1907 mill J—J\ --- ---------------- -- -------------- L Q3 F--iij-- LIPS 2ND ADD UMINARY ulnLIT, PLAN SERACA t"TEwDftAM REftA -I PRELIMINARY UTILITY PLANOM-32 ow UST ftqw�v ME" 0013V-1907 81"I . M�.m LAJ I i i i nnn -.i LWTED PARCEL 7114 mm, *OAO vow - 53 IT - OUA. , " 4810 SITE PLAN I y -a 8 ;O$ a a Ir 711 �j r .; AL AM AM Alh Alk AM, AM A Ok 9M' t -4 cm a c „ a I oop*l T �l s N � Z ir S - F s IN a 6 at UPS mo AMMON --�— ANp$C,1PE L V, t lNA1ED PARCEL SERVICE _ „IN -32 ° LANDSCAPE PLAN El y...•, r[ ea,oe weo.�+rt .w[wn ,s..v I I TIONS wti ME w -- Ft V?n -AR. ELEVA' -* - -�-. I TIONS L4.) Y9 l d .int plog i_! 1 CHESLEY EAGAN, MINNESOTA FLOOR PLAN r r Z coa -v 4 p!!i Ras -. a , viop wt+o.odnoN— -- ! I 1 [°K r gPEln�. PL e r/� / I� ILIIA `� . --= •" •• ``�` "� "71L -M, FINANCIAL OBLIGATION r..a .r./..r.w. r } � rL O 1 O �1 O wt+o.odnoN— -- ! I 1 [°K r gPEln�. PL e r/� / I� ILIIA `� . --= •" •• ``�` "� "71L -M, FINANCIAL OBLIGATION r..a .r./..r.w. Agenda Information Memo June 4, 1996 - Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow a monopole communication tower for an unplatted parcel of property located west of Old Sibley Memorial Highway and east of Highway 13 in the SW 1/4 of Section 19 subject to the 8 conditions recommended by the Advisory Planning Commission. To approve/deny a Variance to allow a tower that is higher than the distance from the base of the tower to the nearest property line for property located west side of Old Sibley Memorial Highway and east of Highway 13 in the SW 1/4 of Section 19 subject to the 2 conditions recommended by the Advisory Planning Commission. FACTS: JJY Industries is proposing a multi-user communication monopole to provide communication services to the surrounding area. The proposal includes a 100' tall monopole with a 336 sq. ft. equipment building. The applicant has proposed to located the tower 10' from the west property line and 50' from the east property line. A variance is required to allow a tower that is higher than the distance from the base of the tower to the nearest property line. ► The Advisory Planning Commission conducted a public hearing on the proposed Conditional Use Permit at its regular meeting on May 28, 1996, and recommends approval of the Conditional Use Permit and Variance subject to the 10 conditions outlined in the APC minutes. ISSUES: The City previously informed the applicant a variance is required to the ordinance which requires the removal of any sign on a property prior to City issuing a building permit. The applicant had not applied for the variance with the current application. An application to request a variance to allow the billboard should be submitted to the City. If a variance is not obtained, the billboard must be removed at the time a building permit is issued. &V1 Agenda Information Memo - JJY CUP June 4, 1996 - Eagan City Council Meeting Page 2 The applicant made request to the Advisory Planning Commission for a multiple equipment building concept. The APC declined to act on the multiple building concept because it was not the request that was before them. The applicant had not applied for the variance with the current application. In the event additional equipment buildings are proposed in the future on the lot, an application to request a variance should be submitted to the City. BACKGROUND/ ATTACHMENTS: (2) APC minutes of M28 1996, pa es� through30. Staff Report, page( through 3(0 Page 9 May 23, 1996 ADVISORY PLANNING COMMISSION PUBLIC HEARINGS CONDITIONAL USE PER:NIIT & VARIANCE J.J.Y. INDUSTRIES, INC. Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow a monopole communication tower and an equipment building; and a Variance to the height limitation allowed by ordinance for property located north of Diffley-Road and east of Highway 13 in the SWI/< of Section 19. Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated April 9, 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 staff s evaluation of the request, noting that lowering the height of the proposed tower and moving the tower location to the center of the site would require only one variance of five feet. John Young, a representative of the applicant advised that the City of Bloomington requires a conditional use permit for only single antenna and allows multi -use antennas as a permitted use. Mr. Young advised that any equipment buildings on the site would be of similar size and architectural material. Mr. Young was opposed to the condition requiring the removal of the billboard, explaining that the proposed building is not for human habitat but merely equipment storage and therefore the intent of the sign ordinance requirement will not be violated. He further noted that 50 businesses have signed a petition in support of the billboard and that the billboard advertises only Eagan businesses. Mr. Young further provided photographs of the site with a tower super imposed onto the photograph. He further presented a site layout depicting a 250 -foot radius from the pole, noting that the tower will not fall onto any building, but only within roadway. Mr. Young further noted that the applicant's intention was to originally build the tower for three users, but wants flexibility to expand to 150 feet to allow five users on the one tower. A representative of Meredith Cable requested a condition be added to the conditional use permit that any interference by the applicant's antenna to the cable company would require immediate cease and desist of any use or transmission by the applicant until the interference is resolved. In response to Member Segal's inquiry, Mr. Young advised that if the tower collapsed down, it would not solely fall within its property because it is located only ten feet from a property line. Mr. Young further stated in response to Member Segal's inquiry that the applicant does not agree to moving the proposed location of the pole to keep the pole as far back from the existing structure on the adjacent property. He further noted that the applicant needs, at a minimum, 100 -foot tower for quality reception. He further agreed to the requested condition by Meredith Page 10 May 28, 1996 ADVISORY PLANNING COMMISSION Cable. Chairman Miller noted that the purpose of the setback requirements for a tower is to prevent the tower from falling on a structure or other property and to prevent injury. In this case, there is no danger to any person or property with the proposed tower setbacks. In response to Member Frank's inquiry, Senior Planner Freese advised that the City sign ordinance requires the removal of billboards upon the issuance of a building permit on the site to restrict off -premise signage and to limit signage on a site when property is developed. She noted that this issue was addressed by the City Council with respect to billboards along Highway 494. In response to Member Heyl's inquiry, City Attorney Dougherty advised that the Commission could recommend approval of a variance with aspect to the removal of the billboard, but the applicant will still need to submit an application for the variance from the sign ordinance. Member Segal moved, Member Heyl seconded, a motion to recommend approval of Conditional Use Permit to allow a monopole communication tower and an equipment building, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 2. The Conditional Use Permit provides for a 100' tall multi-user communication monopole with three groups of antenna and a 336 SF equipment building. No equipment or antenna may exceed 100' in height. 3. A building permit shall be obtained for the erection of the monopole and equipment building. 4. The 20' wide access drive and vehicle turn around shall be surfaced with bituminous or concrete. 5. No more than 25% of the equipment building exterior shall be metal. 6. The color of the tower shall be a light blue or light grey color scheme. 7. The applicant shall provide the City documentation, from a registered structural engineer, conforming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application. 8. The applicant shall immediately cease and desist any use, broadcasting or transmission from the antenna tower upon notice of frequency interference with Meredith Cable or Burnsville/Eagan Cable. All approved in favor. Page 11 May 28, 1996 ADVISORY PLANNING COMMISSION Member Heyl moved, Member Segal seconded, a motion to recommend approval of a Variance to the height limitation allowed by ordinance for property located north of Diffley Road and east of Highway 13 in the SWV4 of Section 19, subject to the following conditions: 1. All overhead utility lines on the site shall be buried in accordance with City Code Chapter 4.50, Subd. B. 2. The applicant shall provide the City documentation, from a registered structural engineer, confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application. All approved in favor, except Member Burdorf opposed. �l � PLANNING REPORT CITY OF EAGAN REPORT DATE: April 9, 1996 APPLICANT: JJY Industries PROPERTY OWNER: JJY Industries, Inc. REQUEST: Conditional Use Permit and Variance LOCATION: Southwest 1/4, Section 19 COMPREHENSIVE PLAN: Limited Industrial (IND) ZONING: Light Industrial (LI) CASE #: 19 -CU -10-3-96 19-V-2-3-96 HEARING DATE: May 28, 1996 PREPARED BY: Steve Dorgan JJY Industries is requesting approval of a Conditional Use Permit (CUP) to allow a multi-user communication tower on a portion of P.I.D. # 10-01900-013-56 and a Variance to allow a tower that is higher than the distance from the base of the tower to the nearest property line. The property is located west of Old Sibley Memorial Hwy and east of Hwy 13 in the SW 1/4 of Section 19. FINN 1 4 City Code Chapter 4, Section 4.50, Subd. A., requires a Conditional Use Permit to be obtained prior to the erection of any antenna. City Code Chapter 4, Section 4.50, Subd. 3, E., requires that no antenna shall exceed a height of 100 feet, or the distance form the tower to the nearest property line, whichever is less, without a variance. 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. 3rd Planning Report - JJY Industries CUP May 28, 1996 Page 2 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. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or'damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BY Industries received a CUP in 1992 to install a single sided 250 SF advertising billboard and pylon sign on the site. A billboard is currently located along the southwest property line of the proposed property facing south to Highway 13. A gravel access drive from Old Highway 13 opens into an approximate 100' X 100' gravel based clearing. Several overhead telephone and electrical services currently exist on the site. A 4 foot tall fence currently surrounds the entire property. Numerous trees exist on the proposed site located along the north and west property lines. The remainder of the property is covered in grass. The parcel has never been platted. Planning Report - JJY Industries CUP May 28, 1996 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Home recently converted into an office building; zoned Limited Industrial and guided Light Industrial South - MNDOT right-of-way (HWY 13) East - Meredith Cable; zoned Limited Industrial and guided General Business West - MNDOT right-of-way (HWY 13) JJY Industries is proposing a one -hundred (100) foot tall multi-user communication tower in addition to a 12' x 28' equipment building to provide communication services to the surrounding area. As proposed, a height variance is necessary to allow a 100' tall communication tower at this location. The City Code requires that no antenna shall exceed a height of 100 feet, or the distance from the tower to the nearest property line, whichever is less, without a variance. The setback provision was established in the Code in the event an antenna were to fall, it would fall only on the property that the antenna is located upon. The location of the proposed 100 foot tall communication tower will be approximately 10 feet from the west property line and 50 feet from the east property line. The requested setback results in a 90' variance from the west property line and a 60' variance from the east property line. Surrounding Area - The proposed setback variance to the west property line is adjacent to MNDOT right-of-way and the setback variance to the east property line is adjacent to Old Sibley Memorial Highway. The west property line of the proposed parcel is approximately 235 feet from the Highway 13 roadway surface and the east property line is approximately 60 feet from the Old Sibley Memorial Highway roadway surface. Meredith Cable Company currently has a 100' tall communication tower on their parcel directly east of the proposed site. Site Plan - JJY Industries is proposing the monopole tower and equipment building to be located in the southern portion of the parcel directly southeast of the existing billboard sign. This location is the highest elevation of the proposed site. Access to the site is provided by a 20' wide driveway from Old Sibley Memorial Highway. The plan indicates that proposed on-site improvements are limited to the monopole tower and equipment building. In addition, the 20' wide access drive and turn around will be surfaced with bituminous. According to Section 4, Subd. 3, D., of the City Code: "No wind conversion system tower or TV/radio antenna tower shall be constructed within 20 feet laterally of any overhead electrical power line." The overhead utility lines which currently exist on the site should be buried prior to construction of the monopole. Burial of the lines will reduce the potential for hazards associated with the proposed tower. 3/� Planning Report - JJY Industries CUP May 28, 1996 Page 4 The installation of a monopole communication tower with an equipment building requires the issuance of a building permit from the City. According to Section 4.20, Subd. 4, Paragraph E. of the City Code: "Any sign, now existing or permitted to be constructed shall be removed prior to the City approving the platting of the property upon which the sign is located or prior to the City issuing a building permit for the construction of a structure upon the property upon which a sign is located, which ever occurs earlier". The existing billboard must be removed prior to the issuance of a building permit for the proposed site. Monopole Tower - The applicant is proposing the 100' tall tower be placed on the highest elevation of the subject site. The tower will be visible from all directions at the proposed location, including, Diffley Road to the south, Highways 13 and 77, and the 200 unit Cedar Heights townhome development directly south and east of the proposed site. At the proposed location, the tower should have a color that blends with the existing background of the sky. A grey or blue color should be less visibly obtrusive. The submitted development application provided no documentation to the City in regards to structural integrity or the multi-user capabilities of the proposed tower. Documentation regarding the structural integrity and multi-user capabilities should be provided to the City at the time of building permit application. The impact of the requested variances cannot be analyzed without the information regarding the structural integrity of the proposed monopole. Landscaping - The site plan shows sufficient plantings around the tower and equipment building area for screening of the site. A combination of both coniferous and deciduous plantings, as well as numerous shrubs, are included in the site plan. Building Exterior - The developer is proposing a precast concrete exterior construction for the equipment building that will be painted to replicate the appearance of a brick facade. This is in compliance with the architectural standards of building materials outlined in the City Code. The Code allows for no more than 25% of metal be used for the exterior of buildings in the I-1 zoning district. Variance/ Hardship - The applicant states that the hardship for the setback variance is due to the configuration of the parcel. J.J.Y. Industries is requesting a 90' setback variance to the west property line and a 60' setback variance to the east property line of the proposed site. The applicant contends that if the antenna were to fall it would fall onto the road right-of-way that borders the property on the east and west. Staff has suggested to the applicant that a lower tower height would eliminate the need for a variance and that an alternative location on the site would be more suitable to allow a greater setback from property lines and eliminate one of the two requested variances. Staffs review of the proposed tower has determined that a seventy (70) foot high tower located in the center of the lot would require one variance of five (5) feet. 3�7 Planning Report - BY Industries CUP May 28, 1996 Page 5 The CUP for the applicants request is based on the advisory Planning Commission's review of proposed land use to ensure compatible with surrounding uses in the area. The granting of a CUP is based on; the designated location and height of the communication tower should not be obtrusive to the area, proposed design and appearance of the tower appears to be compatible with the intended character of the general area, and conditions of the operation do not appear hazardous or detrimental to the health or property of surrounding properties. Short of lowering the height of the tower to eliminate the need for a variance, an alternative location on the site may be more suitable for the monopole tower. Locating the tower in the center of the lot would reduce the proposed setback variances. To approve/deny a Conditional Use Permit to allow a communication tower monopole on a portion of the parcel P.I.D. # 10-01900-013-56. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 2. The Conditional Use Permit provides for a 100' tall multi-user communication monopole with three groups of antenna and a 336 SF equipment building. No equipment or antenna may exceed 100' in height. 3. A building permit shall be obtained for the erection of the monopole and equipment building. 4. The billboard that currently exists on the site must be removed prior to the City issuing a building permit for the construction of the monopole and equipment building. 5. The 20' wide access drive and vehicle turn around shall be surfaced with bituminous or concrete. 6. No more than 25% of the equipment building exterior shall be metal. 7. The color of the tower shall be of a light blue or light grey color scheme. 8. The applicant shall provide the City documentation, from a registered structural engineer, confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application. 3( 8 Planning Report - BY Industries CUP May 28, 1996 Page 6 9. Development plans shall be submitted to the Minnesota Department of Transportation for approval prior to developing the lot. To approve/deny Variances for 90' structure setback from the properties west property line and a 50' structure setback from the properties east property line subject to the following conditions: I. All overhead utility lines on the site shall be buried in accordance with City Code Chapter 4.50, Subd. B. 2. The applicant shall provide the City documentation, from a registered structural engineer, confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application. 3 (? FINANCIAL OBLIGATION - 19 -CU -10-3-96 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Ammint Sanitary Sewer Trunk C/1. $1,685/Ac .7/Ac $1,180 Water Trunk C/I $1,765/Ac .7/Ac 1,236 Storm Sewer Trunk C/I .118/sq ft 30,492 sq ft 3,598 Water Availability Charge C/I $2,785/Ac .7/Ac 1.950 Total S7,964 This financial obligation is presented for informational purposes and is not a condition for the conditional use permit. 3a0 y�jp , •� .,� �j - MAN µ`HT1,. 1,f'. � �, �., r � � � • A,. SKY HLL 31 PARK C.0 3600 18 %'�' p � F Qr \' CRESTPOGE • tr. .13 I ','•.° /,,X QC9M/ j uONTERE LNi ��pEER app j� I¢ 1 � � •'' A I ♦ � .L ^ 1� „ �, KYLE O LN. � a I \\�.,� -_ V yE .mpF2 I m • eILLloft I Ire PIP sLVER I BELL—/ SLYER BELL RD o 7 ERT I� ..'' 'i` .ir DErw 'NAY Li�1 u A Y r� 3'�j� [-gy@r",. sx PAlac x _ PENrIc AOR.' , T �r 1131 GOLD ` G V ry' rm WooDMVp'! ` rr`A �� r�. DAV PiTI PARK G ^ 3 �NRCRTCJL . , G40 aASAR191 T U j1•+ �� V�'1' v c0• 8�"r a3" ( ./ ' IS I 1AkjiF4. 4Qoo i � i '� r+ � <IF--'✓/ ' �/ � � ! OEERw000 j � OR. I sl ,g% TAGOM -A. Cti^N ci aL + y a 51 C,q,,, �, `, 'Fj �! `y�� it ��, �,,,�,� ^ � TACONTE •RAL F 3 y�I IAF r1> 91 (•E'STr • F � ` III d/ + �:� � j �„ im a'E �ARNAN� cA. .M{' SAPRfAREuCi LAJ� j •r1 '�N A. CARNELIAN { EIAERAC� PARK ! i I Owr�1 /iEADOwu A 2. W r Qo{ ^ -c ll�E,') 1. �' c I rE.A00wLA- B �r CT, Off °. 5` �Cq• a�, .jf q,ECr`VER rl y a. �EAOOwLA4,u JA lei &{ CEDARq -OAU-, POND S ZPCON r 17J I 8S O OFFt.EYO' < :ORAL LA. ^ ^�,CNj�1AJN( ... I _I P i ERq ii awl irI I GLORY DRI (—', Vj I7 oI I B MET_CALF.. OR.. and II .rgTj .N\� �pJl RIVERI g C �:'/ % `nI �; I / w.0DG HLL a PARKS 31 T Q W 6E� Aft 'ATNi`rl! �` ASBAac F SN "00--- i 8 Z CWY >m — ,� cover. v,i j :tee: ouiL 'Ya •PARK AO R EM .�. >• : rotfLi iiD� eA77 n 4 _ .y1 7 !/AL.Jo% (/') f p= colt y NAM aI`pEE HER DR,Cl J - �•� �� 4 ,-1•s: • . C . AKE ,`� 1 xl `!" iN� 'Y �r-1 /i,( I GLfr 11 RD. 0.fFl C�� C ❑R ^_0 00 2 / 1 �I �!I CLIFF rROA - — - - - ,n1— - - - - - - - oma, % •�- / I -- NOKNAI _ (�I y - \ o� aA.r� NAY \ ^ AY ;I "F � ?/ !� . ^ r •:.. f1 CT. 9 z�I s61 j. / I KAA_ft// yj ^ 9 N L.•+ e ` NANCY -iT�� I -,! LE •F �rT LOCATION 3;21 W J J U) 2 m Diffley Road 1 000-0-10 p_q 19 s1) �w�---a _ _f, iul 1� MnDot RICHT OF WAY PLAT NO. APR Z Z 1996 SITE PLAN - __= fames R. Hili inc PC" M-& WERE / EMSNEER'.+/SUItYMM r.f Irr. �Y. to Wr} �— .•-� � r.r�wr.. r. ru.w A PP n 4 1996 BASE STATION ANTENNn° PLATFORM BASE STATION ANTENN CELLULAR ANTENNA MULTI USER POLE SCALE a 30 IE ANTENNA PIPES i� Top Wis. THREE TO EIGHT TELECON11MUNTCATION COMPANIES CAN LOCATE ON ONE POLE. ELIMINATING THE NEED FOR ADD17IONAL SINGLE -USE POLES Iw JJY Industries, Inc. 16275 Hudson Avenue Lakeville, MN 55044 April 9, 1996 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-4685 RE: Variances and Conditional Use Permit Application Essential Services Structure 4101 Old Sibley Memorial Highway Dear Mayor, Council Members and Commissioners: APR 2 2 1996 JJY Industries, Inc. has made an application for set -back Variances and a Conditional Use Permit to construct an essential services wireless communications structure and equipment shelters on our property. This proposed pole site would be used as a multi-user Essential Services Structure. The subject site with a pole height of 100' would provide a location for possibly three different users to locate on one structure. This would eliminate the need for more single use antenna poles. Currently there are several companies looking for antenna locations in this vicinity. There are no water towers that can serve this area. The site includes a 100, tall brown steel monopole with antennas attached to it, wires inside the pole, modular equipment building and metal equipment box areas (electrical transformer type, see site plan). These can be very temporary, for no antenna user will commit to a lease period of more than 90 days. The site is located between old Highway 13 and the present state Highway 13. This is the same height pole as the 100' antenna tower at the nearby Meredith Cable Company. in addition to the setback variance needed from the Hwy. 13 R/?•1, a setback variance will be needed from the city street. However, there is surplus R/W between our property and the city street. We have located the pole 100 feet from the edge of the shoulder of the road -way. If you have any questions, please call me at 431-4284. Sincerely, /John,u President JJY Industries, Inc. 16275 Hudson Avenue Lakeville, MN 55044 April 25, l>co Mayor and City Council Members City of Earn 3830 Pilot Knob Road Eagan, NN 55122-4085 RE: Variances Essential Services Structure 4101 Old Sibley Memorial Highway Dear M2yor, Council Members and Commissioners: J.J.Y. Industries is requesting the two set -back variances due to a very irregular shaped lot that was not created by the private sector. This irregular shaped (hardship) lot was created by two separate highway right-of-way condemnations. This proposed essential services structure request is located on land that was turned back from �11 DOT via the City of Eagan. This was State Highway right-of- way property that became surplus with the relocation of State Trunk Hijzhwav 1? Per U.S. West C.U.P. planrirg report July 25, 1995 it referred to the Code pro- vision trot was established that if an antenna were to fall it would fall only on the c•,^mers property. If this antenna were to fall it would fall only on our property and the grass area of the State and City right-of-ways. It would not fall on any roadway or shoulder surface areas. Sincerely, vohn T. You g President APR 2 9 1996 xra POLICE DEPARTMENT city of eagan MEMO DATE: APRIL 25, 1996 TO: STEVE DORGAN FROM: KEN SOUTHORN SUBJECT: J. J. Y. INDUSTRIES ANTENNA SITE. J. J. Y. Industries has proposed an antenna site for a 100' monopole communication tower located on Old Sibley Memorial Highway across the street from the Meredith Cable Tower. The Meredith Cable tower is utilized by the Police Department as a receiver site for our communication system. The proposed monopole tower is located about 300 - 400 feet West of the Meredith tower. Since there are currently no customers identified who will use the new tower, we are unable to do any interference studies. Our consulting engineer has suggested that we place a condition on the tower's use that would exclude the use of any frequency that would cause interference with City communications. He indicated that cellular telephone antenna sites do not normally interfere with the VHF / UHF signals used by the City. Also I think we should remain open to possible future City utilization of privately owned towers. cc: Pat Geagan Jim Sewald Rick Swanson 36�-17 AF: 2 4 W6 MAY -01-1996 11:22 FROM G%Meredith � .".Cable 934 Woodhiil Drive Roseville. MN 55113 April 30, 1996 Chairman of the Advisory Planning Commission Advisory PIanning Commission, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122.4685 Dear Mr. Chairman: TO 9954404 P..02 �J� rn.inistr8tio:1; 612 42-3231' JJY Industries, Inc.,has applied for a setback Variance and a Conditional Use Permit to construct an essential services wireless communications structure and equipment shelter located on the property of 4101 Old Sibley Memorial Highway. Meredith Cable has been in contact with John Young, President of JJY Industries, Inc. We have determined that the initial installation of the structure should not create harmful interference to the services provided by Meredith Cable. While reviewing the engineering plan Mr. Young sent us, we noticed that it is feasible to add three to four more antennas to the structure in the future. We are concerned that the frequencies transmitted by these antennas could Cause harmful interference to the services that we presently provide or will provide in the future. We request that the folloAing be added to the Conditional Use Permit,_ If any frequencies transmitted from the stnecture located at 4101 Old Sibley Memorial Highway, cause harmful interference to. d services provided by Meredith Cable, now or in the facture, JJY industries must aerie transmission of the interfering frequencies until such time that the intnferencc wil be corrected. If you have any questions, please contact me at 486••3527. Sincerely, Scott A. Melter Engineering Manager Meredith Cable bi_ $_5 451-7 ns 13.98 11:03 FAX 612 995 4512 CITY OF B-VILLE EA�GAN COMMUNICATIONS COMMISSION 100 C1v1C CENTER PARKWAY, BURNSVILLE— N 55337-3617 m OFFICE (612) 895-4476 • FAX 895.:;404 • TOO 895-4567 FAX MEMO Total Pages 1 TO: STEVE DORGAN — 681-4694 FROM: IMIKE REARDON — 8954404 DATE: MAY 13, 1996 SUBJECT: BECCC RECOMMENDED LANGUAGE RE: PCS TOWERS As we discussed Iasi Thursday, the language indicated below is the language that staff is recommending the Bumssvi.ile'E,agan Cable Commission considers for recommendation to the Eagan Planning Commission and City Council concerning PCS tower transmission issues and possible effects on Meredith Cable service(s). The Cable Commission will not consider this language item until its May 23 meeting. I assume that it will recommend its inclusion in any PCS application that is close enough to Meredith Cable's site in Eagan to affect its services. The recommended language is: "If any frequencies transmitted from the structure located at 4101 Old Sibley -Memorial Highway, or any other structure located in close proximity to Meredith Cable's operations at 4130 Old Sibley Memorial Highway, cause harmful interference to the services provided by Meredith Cable, noir or is the future, that it mast cease transmission of the interfering frequencies until such time that the interference is corrected-" I will contact you on Friday, May 24 to let you know of the Cable Commission's action. If you have any questions regarding this matter, please contact me at 895..4476. rj M i EACAN cin COMMUNICATIONS COMMISSION 100 CIVIC CENTER PARKWAY, BURNSVILLE, MN 55337-3817 m OFFICE (612) 8954476 • FAX 895-4404 • TDD 895-4567 MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: MAY 31,1996 SUBJECT: 6/4/96 COUNCIL AGENDA - NEW BUSINESS ITEMS B & C - RE: PCS TOWER APPLICATIONS At the Burnsville/Eagan Cable Commission's May 30 meeting, the Commission was apprised of the two PCS tower applications that are in the close proximity of Meredith Cable's operations on Old Sibley Memorial Highway. Due to the nearness of the towers, especially that of JJY Industries, I have been working with the planning department staff regarding concerns of possible frequency interference either of these towers may cause Meredith Cable's television signal reception. The Cable Commission was informed of the Planning Commission's'conditions placed on the two applicants. After discussion by the Commission,. staff and legal counsel, the Cable Commission has asked that the City Council considered the following recommendations: New Business Item C: AT&T Tower - The Cable Commission concurs with the language recommended by the Planning Commission regarding adherence to FCC rules, etc. New Business Item B: JJY Industries - The Cable Commission believes that the conditional language placed on AT&T regarding adherence to all FCC rules, etc., is also sufficient for JJY Industries, as long as both Meredith Cable and Owl Engineering, JJY Industries technical consultant, agree that this language protects both parties' interest. If not, then Meredith and Owl Engineering should work out additional language. The Cable Commission has more concerns regarding the JJY Industries tower due to both the very close proximity of the proposed tower, and that the tower is planned to have several (at this time unknown) telecommunications applications on it. While any PCS frequency modulation is far enough from cable television signal frequencies so that there should not be any problems, other telecommunications applications on the JJY Industries tower that are closer cable may perhaps cause interference. The adherence of FCC rules, regulations and protocol will hopefully prevent this from happening. 3 3D Agenda Information Memo June 4, 1996 - Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow a monopole communication tower on an unplatted parcel of property located west of Old Highway 13 and east of Old Sibley Memorial Highway in the SW 1/4 of Section 19 subject to the 10 conditions recommended by the Advisory Planning Commission. FACTS: AT & T is proposing a communication monopole in this area of the City to improve cellular telephone service coverage in some areas of Eagan and Burnsville due to the increased number of customers. The proposal includes a 90' tall monopole with antennae groupings at 40 and 75 feet and a 336 sq. ft. equipment building. The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on May 28, 1996, and recommends approval of the Conditional Use Permit subject to the 10 conditions outlined in the APC minutes. BACKGROUND/ ATTACHMENTS: (2) APC minutes of May 28, 996, pages . tbrough'3.0 Staff Report, pages ough �3l Page 12 May 28. 1996 ADVISORY PLANNING CON IISSION CONDITIONAL USE PERMIT - AT&T WIRELESS SERVICES Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow a monopole communication tower and an equipment building for property located on the west side of Old Highway 13 in the SWI/4 of Section 19 Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated May 6, 1996. Mr. Dorgan noted the background and history and the existing conditions of the subject property. Peter Beck, a representative of AT&T Wireless Services, presented photographs of the subject site with the proposed tower superimposed onto the photograph. Mr. Beck noted the MnDOT light poles in the photograph, which will be indistinguishable from the antenna tower itself. Mr. Beck noted that the proposed antenna tower complies with all City Code requirements. Mr. Beck further noted that the applicant agrees with the conditions except the request that Condition No. 2 be revised to allow one to two additional feet for the antennas at the top of the monopole tower. Mr. Beck further requested that Condition No. 6 be revised to permit that the color of the tower be brown, in order that it similar in appearance to the MnDOT light poles. Mr. Beck further noted that with respect to Condition No. 4, the applicant is without knowledge of whether the gas company would permit the access drive be surfaced with bituminous or concrete surface because of the pipeline easement. Finally, Mr. Beck advised that the applicant could not agree to the condition as requested by the cable company under the previous item, noting that it cannot simply cutoff transmission ability, but it will follow all FCC protocol for frequency interference. Mr. Beck stated that the applicant would agree to a condition that the applicant follow all FCC rules and regulations with respect to frequency interference. Finally, Mr. Beck noted that Bloomington has not adopted an ordinance, as claimed by John Young, that makes multiple use antennas a permitted use and single antennas a conditional use. He stated that such an ordinance is under consideration by the Bloomington City Council and in fact, the City's final draft of the ordinance makes multi -use antennas a permitted use only in industrial zones. Member Heyl moved, Member Segal seconded, a motion to recommend approval of a Conditional Use Permit to allow a monopole communication tower and an equipment building for property located on the west side of Old Highway 13 in the SW%4 of Section 19, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. Page 13 May 28, 1996 ADVISORY PLANNING COMMISSION 2. The Conditional Use Permit provides for an eighty-five (85) foot tall communication monopole and a 336 SF equipment building. No equipment or antennas may be in excess of 90 feet. 3. A building permit shall be obtained for the erection of the monopole and equipment building. 4. The 20' wide access drive shall be surfaced with bituminous or concrete for the first one -hundred (100) feet at the time road improvements are made from Old Sibley Highway. ` 5. No more than 25% of the equipment building exterior shall be metal. 6. The color of the tower shall be of a brown color scheme to be similar to MnDOT light poles. 7. A landscape plan shall be provided to the City prior to issuance of a building permit. The landscape plan shall show sufficient screening of the proposed equipment building. 8. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 9. The applicant shall provide co -location opportunities, if technologically feasible to other wireless providers. 10. The applicant shall follow all FCC rules, regulations and protocol with respect to frequency interference. ,All approved in favor. 3-33 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 6, 1996 APPLICANT: AT & T Wireless Services PROPERTY OWNER: Minnegasco REQUEST: Conditional Use Permit LOCATION: 4065 Old Sibley Memorial Highway COMPREHENSIVE PLAN: General Business (GB) ZONING: Light Industrial (I-1) CASE #: 19 -CU -7-3-96 HEARING DATE: May 28, 1996 PREPARED BY: Steve Dorgan AT & T Wireless Services is requesting approval of a Conditional Use Permit (CUP) to allow a monopole communication tower on an unplatted parcel (P.I.D. # 10-01900-050-52) of property located on the west side of Old Hwy 13 and east of Old Sibley Memorial Highway in the SW 1/4 of Section 19. F4111 0 ; • t 7 V-00 City Code Chapter 4, Section 4.50, Subd. A., requires a Conditional Use Permit to be obtained prior to the erection of any antenna. 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. Planning Report - AT & T Wireless Communications May 28, 1996 Page 2 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. 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. WiII 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. A natural gas metering station for the Minnegasco Company currently exists on the proposed site. The metering station consists of underground gas lines that run through the property in addition to several small metering buildings. There are no buildings within the fall area of the proposed monopole communication tower. A six (6) foot chain-link fence currently surrounds the lot on which the tower is proposed. Some significant trees exist along the west property line of the site. The site is predominantly open grass. The property has never been platted. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - MNDOT right-of-way; Hwy 77 (Cedar Ave.) and Hwy 13 (Old Sibley Memorial Hwy) Intersection South - Vacant land; zoned Planned Development and guided General Business East - MNDOT right-of-way; Hwy 77 (Cedar Ave.) West - E -Z Mini Storage; zoned Light Industrial and guided Limited Industrial U11 AT & T is proposing an eighty-five (85) foot tall communication monopole in this area of the City to improve cellular telephone service coverage in some areas of Eagan and Burnsville due to the increased number of customers. The proposal includes an 85 foot tall monopole with antenna groupings at 40 and 75 feet which is specifically designed to allow future co -location by other wireless providers. In addition, a 336 SF equipment building will house radio, computer, and climate control equipment. The proposed monopole and equipment building will meet all City required setbacks for communication towers. 33�� Planning Report - AT & T Wireless Communications May 28, 1996 Page 3 Surrounding Area - The proposed tower is located directly across Old Sibley Memorial Highway from the E -Z Mini Storage facility. Meredith Cable Company currently has a 100' tall communication tower on their parcel approximately 1,000 feet southwest of the proposed site. The majority of the surrounding land is guided for Industrial or General Business uses. Site Plan - AT & T is proposing the monopole tower and 12' x 28' equipment building in the southwest portion of the site located south and east of Old Sibley Memorial Highway. Access to the site is provided by a 20' wide private easement from Old Sibley Highway 13. The plan indicates that proposed on-site improvements are limited to the monopole and equipment building. A gravel drive provides access to the site. The first one hundred (100) feet of the 20' wide access easement should be surfaced with bituminous or concrete at the time Old Sibley Highway 13 is completely surfaced. Monopole Tower - The proposed tower will be visible to the south of the Hwy 13 and Hwy 77 intersection. The tower is approximately the same height as the light standards used at the Hwy 13 and Hwy 77 intersection. A residential district located directly across Hwy 77 from the proposed site may have minimal visibility of the tower at the proposed location. The applicant has agreed to provide a color scheme to the monopole which is least obtrusive to the surrounding area. A grey or blue color scheme should be less visibly obtrusive. The submitted development application provided no documentation to the City in regards to structural integrity or the multi-user capabilities of the proposed tower. Documentation regarding the structural integrity and multi-user capabilities should be provided to the City at the time of building permit application. Landscaping - Numerous trees currently exist on the subject site to the north of the proposed tower; however, additional plantings should be added to properly screen the proposed equipment building from the north and west. Building Exterior - The developer is proposing a precast concrete exterior construction for the equipment building that will be painted to replicate the appearance of a brick facade. This is in compliance with the architectural standards of building materials outlined in the City Code. The Code allows for no more than 25% of metal be used for the exterior of buildings in the I-1 zoning district. The CUP for the applicants request is based on the advisory Planning Commission's review of proposed land use to ensure compatible with surrounding uses in the area. The granting of a 33� Planning Report - AT & T Wireless Communications May 28, 1996 Page 4 CUP is based on; the designated location and height of the communication tower should not be obtrusive to the area, proposed design and appearance of the tower appears to be compatible with the intended character of the general area, and conditions of the operation do not appear hazwdous or detrimental to the health or property of surrounding properties. To approve/deny a Conditional Use Permit to allow a communication monopole on a portion of the parcel P.I.D. # 10-01900-050-52. 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 2. The Conditional Use Permit provides for an eighty five (85) foot tall communication monopole and a 336 SF equipment building. No equipment or antennas may be in excess of 85 feet. 3. A building permit shall be obtained for the erection of the monopole and equipment building. 4. The 20' wide access drive shall be surfaced with bituminous or concrete for the first one hundred (100) feet at the time road improvements are made from Old Sibley Highway . 5. No more than 25% of the equipment building exterior building shall be metal. 6. The color of the tower shall be of a light blue or light grey color scheme. 7. A landscape plan shall be provided to the City prior to issuance of a building permit. The landscape plan shall show sufficient screening of the proposed equipment building. 8. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 9. The applicant shall provide co -location opportunities, if technologically feasible to other wireless providers. 337 FINANCIAL OBLIGATION - 19 -CU -15-4-96 There are pay-off balances of special assessments totaling 5373 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability Charge C/I $2,785/Ac 2.7 Ac $7,520 Total S7,520 This financial obligation is presented for informational purposes and is not a condition for the conditional use permit. 3400 — --- "------ �`� ��-'----- RIVE �� •��/ /; a NI- i O. of X98) CK� A/IZ �v aSMn\ �� y \ �1� SK HLL //\�y /`. 3 PARK 3600 I 1e !�� \DEER *0,01 -Ni_FE ^ ._ l �. c ✓ \ y�rt" `OT C�, V�C S Ili HAZEL vEa II BELL sivER SELL RD a - - - - olycr i / / Tc 63) O Ill _I I Q I a }A- I.f, I \ i�l � 11��' �I�� `•c7�rC'J�'.��."� j�P✓•L=SADC ':Cr i \ - !� \ r•J-..-�pl�./J1 UN n r u' ICF '�:\ :-�A'ti'T,YJ ICt �GOL�I� z! lC J ,� 10 ,. PARKDAvnppPrJY!r MT, IN,% 40 AR Z 4000. r=� � � ` I _ ��I \L_ �� ' 4f' �age �'— n coWOc: c ! \� �" �' = VT¢1 ' -� ` -ACOMTE -R ! .sCON : 1 �� I r _ CA N1 ti.•I r`/'\�i L�1\s '�I _CONT-e -ev / C, ��•1, r` QvfCuH��/gyp ��li I ��' .�I p�!aC� ii, •=1\ 3.�5 ONr �o • ! // 111 I f. I \ \ �c ARN�FyAN �1 �J . 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'l W �i SH �Y 7 19 a) 0 a al; 3� W S 3W� a 37 J0Z0 w 0- Lo zE0 U �•.:zy �nOZ� •� li w` y Z a J u �=y Z�t7= t �7„W a a 0W0- NWKZ �IJYM S.4a tm O a) 0 a al; 3� i, Q swimun.le. mi mml- . t E 1 { -------_------� _ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I , G ge _ 1 1 � 3 3 1 1 w � ' O i, Q swimun.le. mi mml- . t E _ _ _ rlYr • s `^ l :` Y-�' d• _".eft'-_ •'�r -: If®ret ► iii ,N,w ,- ` r . rl IS '3 / h' ti-� .lam* 11r-�r r -�.- �i�...'--�.s✓;: -„ .�.. _ •F - ' i� t �_ .- .•• i,- •. �w.r^•a.!.�..c , ..-...,r�csw .r,_.cr�e+.�+carws - ' r 'JE =Woo qff Almmons 'FIN 4 i 4�Meredith /V.Cable 021'Nocchrl -rive ncseviile. 'x'.1 -'2 May 14, 1996 Chairman of the Advisory Planning Commission Advisory Planning Commission, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-4685 Dear Mr. Chairman: �Fax i vJstomer Gen/Ice; aCl'1"inisir,iiCr.: r152--'ASS-33223 AT&T Wireless, Inc. has applied for a Conditional Use Permit to construct an essential services wireless communications structure located on the Minnegasco property on Old Sibley Memorial Highway in Eagan. The Coordinates for the tower are, latitude 44'.48.35.2, longitude 93'13.20.7. Meredith Cable has been in contact with Max Thompson, with AT&T Wireless, Inc. We have determined that the initial installation of the structure should not create harmful interference to the services provided by Meredith Cable. Mr. Thompson mentioned during a phone conversation, that it is feasible to add more antennas to the structure in the future. We are concerned that the frequencies transmitted by these antennas could cause harmful interference to the services that we presently provide or will provide in the future. We request that the following be added to the Conditional use permit. If any frequencies transmitted from the structure located on the Minnegasco property, latitude 44'.48.35.2, longitude 93'13.20.7, cause harmful interference to the services provided by iWeredith Cable, now or in the future, AT&T Wireless must cease transmission of the interfering frequencies until such time that the interference can be corrected. If you have any questions, please contact me at 486-3527. Sincerely, Scott A. Melter Engineering Manager Meredith Cable RFCcjVc0 P^�y i 6 �GcC 61= 995 451-T 05.13.96 11:03 FAX 612 895 4512 CITY OF B-VILLS Z001 EAGAN w �A 4" COMMUNICATIONS z COMMISSION 100 OVIC CENTER PARKWAY, BURNSVILLE, Mut 55337-3817 m OFFICE (612) 895-4476 • FAX 895.4404 • TOO 895-4567 FAX MEMO Total Pages 1 TO: STEVE DORGA.N — 681-4694 FROM: MUM REARDON — 8954404 DATE: MAY 13, 1996 SUBJECT: BECCC RECOMMEN-DED LANGUAGE RE: PCS TOWERS As we discussed Iast Thursday, the language indicated below is the language that staff is recommending the BmnsviilelEa?an Cable Commission considers for recommendation to the Eagan Planning Commission and City Council concerning PCS tower transmission issues and possible effects on Meredith Cable services). The Cable Commission will not consider this language item until its May 2; meeting. I assume that it will recommend its inclusion in any PCS application that is close enough to Meredith Cable's site in Eagan to affect its services. The recommended language is: "If any frequencies transmitted from the structure located at 4101 Old Sibley Memorial Highway, or any other structure located in close proximity to Meredith Cable's operations at 4150 Old Sibley Memorial Highway, cause harmful interference to the services provided by Meredith Cable, now or iR tate future, that it must cease transmission of the interfering frequencies until such time that the interference is corrected" I will contact you on Friday, May 24 to let you know of the Cable Commission's action. If you have any questions regarding this matter, please contact me at 895-4476, 3�� Uj I•. Y ccn COMMUNICATIONS z COMMISSION D 100 CIVIC CENTER PARKWAY, BURNSVILLE, MN 55337-3817 Co OFFICE (612) 895-4476 • FAX 895-4404 • TDD 895-4567 MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: MAY 31,1996 SUBJECT: 6/4/96 COUNCIL AGENDA - NEW BUSINESS ITEMS B & C - RE: PCS TOWER APPLICATIONS At the Burnsville/Eagan Cable Commission's May 30 meeting, the Commission was apprised of the two PCS tower applications that are in the close proximity of Meredith Cable's operations on Old Sibley Memorial Highway. Due to the nearness of the towers, especially that of JJY Industries, I have been working with the planning department staff regarding concerns of possible frequency interference either of these towers may cause Meredith Cable's television signal reception. The Cable Commission was informed of the Planning Commission's'conditions placed on the two applicants. After discussion by the Commission, staff and legal counsel, the Cable Commission has asked that the City Council considered the following recommendations: New Business Item C: AT&T Tower - The Cable Commission concurs with the language recommended by the Planning Commission regarding adherence to FCC rules, etc. New Business Item B: JJY Industries - The Cable Commission believes that the conditional language placed on AT&T regarding adherence to all FCC rules, etc., is also sufficient for JJY Industries, as long as both Meredith Cable and Owl Engineering, JJY Industries technical consultant, agree that this language protects both parties' interest. If not, then Meredith and Owl Engineering should work out additional language. The Cable Commission has more concerns regarding the JJY Industries tower due to both the very close proximity of the proposed tower, and that the tower is planned to have several (at this time unknown) telecommunications applications on it. While any PCS frequency modulation is far enough from cable television signal frequencies so that there should not be any problems, other telecommunications applications on the JJY Industries tower that are closer cable may perhaps cause interference. The adherence of FCC rules, regulations and protocol will hopefully prevent this from happening. ��7 Fees: $200 investigation (non-refundable) City of Eagan $50 license 3830 Pilot Knob Rd. License Term: July 1 -June 30 Eagan, MN 55122 CITY OF EAGAN 681-4600 APPLICATION FOR MASSAGE THERAPIST LICENSE Fax: 661-4612 This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: i J r -r - ' r First Full --Middle � Maide stW RESIDENCE ADDRESS,• ` !% G S t ; RO ')1 l.' ►'1 r 1�' , J✓ C�(r';' Street city QState/Zip / ,, Q RESIDENCE PHONE: 131, BUSINESS PHONE: -,6 BUSINESS NAME: s` �` 1 --_r- d� (k C BUSINESS Street City ,.1 State/Zip 1. Is the applicant licensed in any other community? Yes No -X If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. C. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of American Masaage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. Front and side view photographs must be provided. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State Dates ( , '&'', 4 'W - �( 2 - G �� .-1'►'1 v LIN (t 6. Occupation history for preceding five years. (begin with present or most recent.) . Mame of Business Length of Employment y_ 7. S. Occupation Address City/State/Zip Occupation Address City/State/Zip 'Attach additional sheets if necessary Employer or Name of Business 19 to_19 Length of Employment Employer or Name of Business 19—to-19— Length 9to_19Length of Employment Have you ever been convicted of any felony, crime or violr:tion of any ordinance, other than traffic? Yes No -X- If yea, give information as to the time, place and offense for which convictions were had: List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: Date: Subscribed and sworn to before me this A day of a (seal) Notary Public QkMELIA A.13ALOW MyCCOMAMSSION EXP RES ' 6.95 JANUARY 31, 2000 ,t t Signa t of Applicant city of eagan DATE: May 9, 1996 TO: Tom Hedges, City Administrator Liz Witt, Administrative Assistant FROM: Pat Geagan, Police Chief POLICE DEPARTMENT MEMO SUBJECT: Denial for Massage Therapy Applicant John Persing has requested a permit for massage therapy, practicing at Wastl Chiropractic and Wellness Clinic, 1340 Duckwood Dr. As a result of the investigation, I will recommend the denial of his application for the following reasons: 1. American Institute of Natural Health in Gainesville, FL. no longer exists. I am not able to verify any of his curriculum at this school. His certificate is dated September 14, 1979. 1 spoke with another massage therapy school in Gainseville. They told me that they have never heard of the American Institute of Natural Health. 2. 1 spoke with an administrator at Minneapolis School of Massage. He was speculating that the school in Gainesville was once a correspondence school for massage. 3. The applicant provided a certificate from the American Massage Therapy Association for the years 1989-1990. This certificate expired February 28, 1990. Page two 4. Barb Wastl of Wastl Chiropractic told me the applicant is known to her. 1 asked her about his skills and training, and she told me that he has been practicing out of his home. His application lists his employment as a Electronic Technician for the past 19 years, mentioning nothing about massage therapy. I am not able to verify that he has been practicing massage therapy. 5. The applicant applied for a Commercial Adult -Oriented Services Business License with the City of Lakeville on 7-5-89. He was requesting to practice massage therapy in his home, however this request was denied, as the residential zoning was an issue. It would appear, based on above, that the applicant has chosen to ignore the city ordinance in Lakeville, and continues to operated from his home. 6. 1 spoke with Barb Bordick, who is the current president of the American Massage Therapy Association. I advised her of the status of the investigation. She also thought the school was a correspondence school. Barb had strong feelings that this applicant should be denied, based on the dates of his alleged schooling. I will add that Barb is in the Twin Cities metro area, and she claims she assisted many of the suburbs, including Eagan, plan and write the local ordinances. 'AI re Fess: L1 4366 investigation (non-refundable) City of Eagan /ii300 licensefee ) 3630 Pilot Knob Rd Llaaa se Tenn: une- Eagan, MN 55122 y / _:/• —r /v iT ti l7 661-4600 Fax: 661-4612 CITY OF EAGAN APPLICATION FOR MASSAGE THERAPY ESTABLISHMENT BUSINESS LICENSE 1. Name of applicant: �, A 1=3 C1. V\ (owner, lessee or operator) Address• City, State, 2. Description of Premises:(i.e., free standing, strip mall, part of existing health facility, etc.) 3. Location of Premises:i �, `F1 k q _ ,-, Z CG• -- 3 a Cer k_cD c,(-%/, , f A�_) address S S 1 Z Z_ phone 4. Corporate applicants having beneficial interest: Name: — S c�_ VV_Q c-C'c> c"�-3 � D[)B:�—/ Address: Phone: Name: Address: Phone: Address: Phone: Name: Address: Phone: 5. On -Premise Manager 5 `�_ ",-Q " 0 Vs- DOB: Residence Address: Phone: 6. Have you ever been convicted of any felony, crime of violation of any ordinance, other than traffic? Yes No_2Z_. If yes, give information as to the time, place and offense for which convictions were had: 7. List the names, residences and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. Name Phone 7 1 - ResidenceAddress q 5 H '3- (-4 (o Business Address 1 �2 G L2 L. —v\,, e- v 5 , , -� . \ x 1. , 9 � c : Name v1 o v" v\ (.:, tet' Phone -, - ? Residence Address -Z-,,.a 1-2, L 1 CDC,w< ✓ Jam' -J w 2-C � c s . r Business Address _ �l ? �t �:1 ter. _ 1? ' L _r x --1 s -%,I r r < Al Name' Phone _ Residence Address " c_ V C k `, -\C L Business Address a -2 1 Gl In accordance with City Code Section 6.39, the City Council may require other information upon request. Date:. ] - ! Subscribed and sworn to before me this " day of 19 r Ndtary Public t'' LOS I. PUCKETT 'K• f; < NOTARY PUBLIC • MINNESOTA (seal) DAKOTA COUNTY 6.95 (Signature of Applicant) a Fees: $200 investigation (non-refundable) City of Eagan $50 license $830 Plot Knob Rd. License Term: July 1 -June 30 Eagan, MN 33112 CITY OF EAGAN O61-4600 APPUCATION FOR MASSAGE THERAPIST UCENSE fts. ttt-440= This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: I v i a r Firsi RESIDENCE ADDRESSz- Street Full Middle City Maiden/Last StatefLip RESIDENCE PHONE: __ (o � a 15 _ BUSI'NESS PHONE. 6 �� S • BUSUMSS eplTe�- %1 BUSINESS ADDRESS:I o- 1 (?. r .a�7 _ .. . _._ -_ _... bi VI h�I Street qty 3taterLip 1. U the applicant licensed in an other community? Yes No If yea, where:_ aykv-�)syi t 1 tolmr n ki 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes NO -X - If yes, describe- s. Each applicant for a massage therapist license shall furnish, with the application,,the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A .diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. C. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. r'�a��eh ti yr Dont and side view photographsmustbeprovided. q-7 i Sl -1 -'-7 /q Z_ b. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State Dates 7T cvve f I've J ov re,1f 0,Ad rt 1A he.-- -91� S . 6. Occupation history for preceding five years. (begin with present or most recent.) �II'CK + A-sSoci +es ev-i - e o e SE Im e Oocupatio Employer or Name of Business ,jIU33 k 1Iov 4- 15urhsvr Ile i /&IN 5533`7 I//19S!L—to_19-.41&041� Address 1 City/State/Zip Length of Employment 8. iS Address City/State/Zip A�y} fJ�� / f .I f r 1U�,Jr , -I,n .�A7•°/!/,l IIC7 fIOTnr i Ca (oc (I"I , f CUY � 410 r 0 � y �c Gt 16 c. rn "'n -I Address City/State/Zip **Attach additional sheets N necessary f %aSe see al,44cLeql , /1 a n Employe Name of Business ER)Y. 19�_to_19,e_ Length of Employment ! di Empll6yer or N me of Business 'C9 �s F, -.b 9� Length of Employment Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yts NoI If yes, give information as to the time, place and offense for which convictions were had: List the names, residences. and business addresses of three people, (prefer residents of Dakota County) of good moral character, not relsted to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: Name�`� 4 Ty" -4-aL key Phone 920 - 2-3 3 5L, Address la�i3''�� 'O��fGt rr?S 533 Business Address Name it 4-1D 1'l n d Phone Address 411? -dt ye v, DlGth PLGl C�� T Business Address Business Address Date: a' A 6 94--1 Phone—�-/�a .3 • w oe 6.95 (seal) SHIRLEY H. OLSON NOTARY PUBLIC --MINNESOTA DAKOTA COUNTY ryCamara+Fxp wJM s,, 2000 Signature of Applicant Permit fee: 525.00 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PARADE PERMIT APPLICATION Date: � �a ,e&ry0*,e -IWAX0 ZAdrs , hereby make application for a Parade NAME Last First Middle Permit for -- from the City of Eagan. The sponsoring Date organization is: x,46 -A& A- Z AIS G A u 32 -'?k'" A 4Ne Organization Street AddressTelephoney State Zip Describe the route, the length, estimated time of commencement and termination and the general composition of the parade: .--f- 1 A n A Authorized Signature: First K11 Middle Last The Chief of Police will review the parade route, examining possible hazardous or inconvenient conditions. He shall make arrangements for alternate routing of traffic and any other traffic control measures. His findings will be presented to the City Council. The Council may deny or grant the permit, and/or add conditions including a date, time or route. For City Use Only: Police Approval: Yes) No ( ) Signed Date City Council Approval: Yes ( ) No ( ) Signed Date pm&.61 ff DATE CITY OF EAGAN NEW ON.6ALE FEE 3830 PILOT KNOB ROAD RENEWAL _OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE $25.00 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE PLEASE PRINT /� APPLICANT ��.�/I/ ge/ Oil! S Cg(d A __ _ __ OWNER'34AME (La t) (First) (Middle) (Last) (First) (Middle) Address ' 31l .iq—* Jre.1,1*r '' eS[_) y Address (Street) OF (Street) (City) (State) (Zip) (City) (State) (Zip) Phone/a/ � rA/— &/V V % Birthdate Phone Birthdate TRADE NAME MANAGER'S NAME 11AAkQ CA*fXI ,6 (Last) (First) (Middle) Address Address 13yL b /5/�-�,�Ad7 ,AZA tI (Street) �E 1%11+lr (Street) sr f7.�Y .531..4 rif (City) (State) (Zip) (City) (State) (Zip) Phone Phone ey- B;, J��fslSr� Birthdate 40 .2 2 Sri HEREBY APPLIES FOR NON -INTOXICATING LIQUOR LICENSE for the year , from / to / (month) (date) (month) (date) Event: Location:_ F : ►1l.. (for rary t nse) (Address) STRONG BEER: Yes _1(_No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance. Are you the actual proprietor? Yes ( ) No ( ) Are you the owner of the property of the business location? Yes ( ) No (>( Has any other license of this kind been granted to you? Yes ()d No O Where - / V (City) (Year) Are any taxes, assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No VQ. If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes () No 90. If yes, attach summary copy. Have you ever been convicted? Yes ( ) No 90 City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) No 94. If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers fo everyone Involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SIGNATURE POLICE APPROVAL: YE ( ) O CITY U E ONLY SIGNE DATED Z