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06/18/1996 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JUNE 18, 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. SPECIAL RECOGNITIONS (BLUE) P. I A. FLAG DEDICATION, American Legion, Eagan Post 594 V. DEPARTMENT HEAD BUSINESS (BLUE) A. PARK NAMING/Athletic fields �' � VI. CONSENT AGENDA ( PINK ) O. -T A. PERSONNEL ITEMS 1 B. MASSAGE THERAPY LICENSE, for Michael Persing to practice at Wastl P "f� C. Chiropractic, 1340 Duckwood Drive FINDINGS OF FACT, UPS 2nd Addition (Chesley Freight) located west of TH 149 and south of Yankee Doodle Road and Kutoff Court D.4 DENY VACATION OF PUBLIC RIGHT-OF-WAY, Yankee Court & Kutoff Drive E. AWARD CONTRACT, Municipal Buildings Refuse Hauling, Aagard Inc. P�p F. RECOMMENDATION, Airport Relations Commission, Noise Abatement Departure �" eZ � / Profiles G. FINAL SUBDIVISION, Centex Homes for Centex Vermilion 2nd Addition located east of Hwy. 13 and south of Robin Lane a� H. CEDARVALE, Special Service District Major Complex sign ?J I. APPROVE CHANGE ORDER #1, CONTRACT 95-21, (Schwann Lake Water Quality Improvement) J. APPROVE CHANGE ORDER #1, CONTRACT 95-13, (Northridge Drive - Utilities) j K. VACATE UTILITY EASEMENT, Receive Petition/Schedule Public Hearing, (Outlot `✓ A, George W. Giles Addition) L. APPROVE, 1996 Fee Schedule, SEH, Inc. M. CONTRACT 96-11, Approve extended work hours (Yankee Doodle Road) YiV N. APPROVE CHANGE ORDER #1, CONTRACT 96-05, (Northridge Drive - Streets) ' 0. APPROVE CHANGE ORDER #1, CONTRACT 96-03, (Well #19 - Pumping Facilities) Y v APPROVE CHANGE ORDER #1, CONTRACT 95-14, (Clemson Drive - Streets & �. Utilities) �. PROJECT 695, Approve Right of Entry Agreement (Yankee Doodle Road - Lockheed Martin) ZRCONTRACT 95 -DDD, Approve extended work hours (Eagan Promenade Addition) s� S.. MASSAGE THERAPY LICENSE, for Chad Houck to practice at Lifetime.Fitness, P 1565 Thomas Center Drive Pte. FINAL PLANNED DEVELOPMENT, Farm Bureau - Lot 1, Block 1, Eagandale LeMay Lake 5th Addition P 5% U. APPROVE, Holz Farm, right-of-way acquisition VAPPROVE, 7-1-96 to 7-1-97 General Insurance Renewal W.. APPROVE, Plans and specifications and advertise for bids for tennis court resurfacing and lighting of tennis courts at Northview. P�/ X. APPROVE, CHANGE ORDER #1, CONTRACT 96-09, (Blackhawk Park Pavilion) l P (V� Y. APPROVE, CHANGE ORDERS, Municipal Center Building project �(, � Z. FINAL SUBDIVISION, Wobken, Walsh, Noreen, Architects, Inc., for Wescott Hills 5th Addition, located between Wescott Square and Trails End Road (D� AA. CONTRACT 96-12, Receive bids/Award contract (Northwoods Drive - Street and P. Utilities) VII. ORGANIZATIONAL BUSINESS (YELLOW) V , (O 8 A. APPOINTMENT, Burnsville/Eagan Telecommunications Commission VIII. 7:00 - PUBLIC HEARINGS (SALMON) A. VACATE DRAINAGE & UTILITY EASEMENT, (Lot 6, Block 5, Country Hollow 1st r Addition) IX. OLD BUSINESS (ORCHID) 0 .7 (/A. CONSIDER REQUEST, for Joint Powers Agreement with Inver Grove Heights 79 B. PROJECT 689, Revise pending assessment roll (Hayes & Delosh Additions - Storm Sewer) %93 C. CONTRACT 96-07, Receive Bids/Award Contract (Hayes & Delosh Additions - (� Storm Sewer) V X. NEW BUSINESS (TAN) �Q•8 J A. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - Honey Tree II(( Ltd., a Preliminary Subdivision of 4.83 acres consisting of three lots, Honey Tree First Addition and a Preliminary Planned Development to construct two hotels and a Class I restaurant located west of Nicols Road and bounded on the north, west and south by Erin Drive, in the SW 1/4 of Section 30 legally described as Lots 1, 2 and 3, Mari Acres Second Addition B. ADOPT ZONING MAP, City of Eagan, adoption of revised zoning map including changes since the last map publication, administrative changes and correction of errors in the previously published map C. RESOLUTION, approving the Levy of the Transit Tax XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. 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 f Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 12, 1996 SUBJECT: AGENDA INFORMATION FOR THE JUNE 18, 1996 EAGAN CITY COUNCIL MEETING After approval of the June 18, 1996 City Council agenda, regular City Council meeting minutes for June 4, 1996 and special City Council meeting minutes for June 4, the following items are in order for consideration. A. FLAG POLE DEDICATION, AMERICAN LEGION - 594 Mr. Tom Mullon of the American Legion Department of Minnesota who resides at 830 Ivy Lane in Eagan, would like the City Council to participate in a flag dedication ceremony at 6:20 p.m., immediately preceding the regular City Council meeting. The location is in front of the City Council Chambers by the flag pole. The ceremony will consist of a chaplain presenting a short three minute invocation, a flag presentation to the Mayor followed by a bugler. There is no presentation expected at the regular Council meeting. The Mayor or City Administrator will acknowledge Eagan Post 594 for their presentation of the flag and the dedication that preceded the meeting. Agenda Information Memo June 18, 1996 Regular City Council Meeting A. PARK NAMING/ATHLETIC FIELDS To officially name the athletic fields at Lexington-Diffley • A recommendation by the Advisory Parks, Recreation and Natural Resources Commission to name this site "Lexington-Diffley Athletic Fields" was made to the City Council at their March 19, 1996 meeting. • The Council directed staff to solicit input from the community for other names in addition to what was recommended. • A survey was conducted with 179 responses tabulated. • 20.1% selected "Lexington Diffley Athletic Fields 18.4% selected "Lexington Diffley Athletic Park 17.8% selected "Lexington Diffley Athletic Complex IS other names were also suggested POOLON None ATTACHMENTS: • Copy of survey �• 3 --z • Survey results ipP, --`— cAname 0 A4AfE THE #EW BALL PARK #ow w*W rom lko to itIp xew tit a w' oolt prix# at lactapfts ML rF N'o �saws ext pvr to eox�etder Mo'ro OW OPS to "► *AM too! A &f* aroaW" 4" work roWpv&mxw. (Pott fw0") r. ❑ twimproff vitcuffotrI ale FART D mors imi?jr j. ❑ imme roff mm frit rlYnve comom ❑ rur Fz ri os of r i aim ro# - OImur S. D uIEY.4fv �. ❑ c�rr�►�aro�r��ff�r�rrH�ricf«s .r. ❑ Pilots P.4'exotrimmormVIFF"r d. ❑ JIMIRrom Flaps P. ❑ AEECi sm fl ups to. ❑ "04# rollc# & Name Flaps a. ❑ ory c Thank You Al L — city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JUNE 11, 1996 ISSUE. - The UE.The City Council should officially name the new athletic fields at Lexington - Diffley. BACKGROUND: After considerable discussion at two regular commission meetings. the Advisory Parks, Recreation and Natural Resources Commission recommended that the new athletic fields be named Lexington - Diffley Athletic Fields. This recommendation went to the City Council on March 19,1996. At the March 19 meeting, the Council directed staff to develop a survey to solicit input from groups and/or individuals in the community to determine what name would be preferred for this park. Staff identified two specific groups who would most likely be using this facility on a regular basis and asked them to respond to a series of names as well as submit their own suggestions. A survey (copy attached) was distributed to members of the softball teams and EAA whose youth soccer players and coaches will likely be using this site for their games. Although more forms were distributed then returned, there were 82 and 97 returned respectively. SURVEY RESULTS: Attached are the survey results presented in a pie chart graphic. Lexington Diffley Athletic Fields had the highest percentage of votes (20.1%), followed by Lexington Diffley Athletic Park with 18.4% and Lexington Diffley Athletic Complex with 17.8% There were 15 other names also suggested. FOR COUNCIL ACTION: The Council is requested to officially name the fields at Lexington - Diffley. Ken \wp51 \lex-diff MEMO Community Members Decagon Fields 1% Lexington Dltney Alhmlir Picts Pent at Lexington DiMey Complex 1% _ 26% The Fields at Lexington-DNey 5% Reservoir Fields 5% Lexington Diffley Athletic Park 16% Pda1s Park 5% Y fig: The Yard f Lexington Difftey Athlet c Folds z;:•'. ia% EAA Selection Lexington Dinky athletic Fields Reservoir Fields 27% 1% Cagan Towen 6 GO 9" fields 2% _ PdDts Park al Lexinglnn Di Ey 2% Decagon Fields 2% ~— Cow Ls"m Ddky +unretu Park eA 22% The Fields of Leprplon-DiHley e% 7110 Yard Plate Palk - - '11% 10% isFMbn pnwy Aft ft G(X"I . 171 Other Park Names: Communitu Members Hill Top Athletic Complex DifAey Complex 3- Lexington Yards 3- Lexley Yards Wildcat Park 2- Diflex Athletic Complex Caponie Ball Park Prairie Meadow Park 5oftball Heaven 5outhview Fields S EAA Selection Water Tower Park Eagan Lexington Athletic Park Lexington Athletic Field 5trawberry Fields George CD E m Z L 11 Q fc o'o J / � I a l s U t a'co v MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL '.—'-Fagan, Minnesota June 4, 1996 A regular meeting of the Eagan.- * -.a ..* a; & ...WO.pn Tuesday, June 4, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present -tLI uncilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, 4 ed . g es, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Atgrhe y Jim Sheldon. Councilmember Wachter moved, Councilmember Masin seconded.a motion to approve the agenda as presented. Aye: 5 Nay: Q.*.*.*.* ................. ......... Councilmember Hunter noted paragraph, it should state that, when : there are no residents for much of the .3on page 15, paragraph 2, it should be noted that Councilmember Wachter and Mayor Egan voted Nay. In addition, he stated that on page 19, paragraph 4, it should be noted that Counclimember Hunter voted Nay. Councilmember Masin noted a correction to page 2, last paragraph, to change the word AMN to AMM. Administrator Hedges noted a correction to page 3, paragraphs 2 and 3, that the amount of the change order should be $2,425.00 Instead of $42,000-00. Councilmember Awada moved,. Cour 0i e i ber . '. achter seconded a motion to approve the minutes as amended. Aye: 5 Nay: Counclimeniber Hunter requested a change to'W", 2nd to last paragraph, to include the final action which should read, "Therefore there Is no need to return this to the APC." He also noted on page 11, last paragraph, it should read, min particular, Hunter noted that the proposed signal at Diffley Road and Rahn Road should be installed In 1997, based primarily on a report from Director of Public Works Tom Colbert that this Intersection Is the number one priority In Dakota County, based on traffic volumes and preventable correlated accidents." Cqun . ..;Kmember.Masin requested that on page 11, paragraph 4, .......... ...... it be amended to read, "Malin stated thW*-03i 6: of their efforts to find sites within Eagan 41.K. Pot and encourages them to look elsewh-. Councilmember Masin movect-4-ouncilmember Wachter seconded a motion to approve the minutes as amended. Aye: *5 Nay Qt: fn: - N M ........... ....G. Councilmember Awada. moved, Councilmember Hunter seconded a motion to approve the minutes as presented. Aye: 5 Nay 0 ................. .... ... Councifmember Hunter moven;-':Oouncilmember in seconded a motion to approve the minutes as presented. Aye: 3 Nay;-Q:;-.Councilmember ftchter and Councilmember Awada abstained.) .. ........... EAGAN CITY COUNCIL MEETING MINUTES, JUNE 4, 1996 PAGE 2 GEi i' ha NT .HEAi3 191iSINESS 'i�cliliiywl Administrator Hedges introduce at.*00cric#. . m Kern, DeWenter, Were, Ltd., the City of Eagan's independent auditors. He st5atli�tl'4il}li@ VanOverbeke, Director of Finance/Treasurer, and the Finance stafrfipr their cooperation in the audit process. David Hinnenkamp gave a presentation of the 19% Compr sNe Annual Financial Report. Councilmember Hunter moved, Councilmember Wachter seconded a motion to accept the December 31, 1995 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 Aa. N.PA In regard to Item E, AR rove P0strian C>=osswaik Policy, Councilmember Hunter asked what the next step is for the Walnut Park nel&borhoo $.*:: die asked if they had been notified of this item and If staff had received any reaction. DirectQr,,f?ublic,.1!NQcks. Colbert indicated that they had not been formally notified. He stated that once tj*-0rt i0*_5:: 1;>ry:.., i:kdopted, their request for traffic control will be reactivated and reviewed with the new policy: '''Cbibert"i,t dicated that it would then be brought back to the Council, along with advance notification being given to the neighborhood. Councilmember Awada Indicated that this should be done soon. In regard to Item H, Councilmember Masin had requested this item be taken off the consent agenda. She later indicated that she found the answex:4q.b tir question and did not need this Item pulled. In regard to Item I, Agreement, Ab& :-- b1g:County/City of Eagan Joint Powers Agreement for Enhanced Fine Revenue Collection itdram, Couneftember Masin asked If this Item had been discussed before. Administrator Hedges•10j68ted..he 818 not recall that it had and that there was no formal action the City Council had to take. He gauai:jveryiew of the success of the program and noted the other cities involved. Councilmember MasTrt ifitk #-* dministrator Hedges to give a brief summary of the Fine Revenue Collection Program. Admini§trator Hedges gave an overview of the collection program. Mayor Egan indicated he had attended a Dakota County Mayors/Managers meeting a few weeks ago where Dakota County Administrator Brandt Richardson gave a presentation regarding this program and stated he was favorably Impressed. In regard to Item N, Denial. Ma:'gra�, y: •I.4ig for Michael Persing to practice at Wastl Chiropractic, 1340 Duckwood Drive. MG Jaabi.6 1tt : 2d before the City Council and presented additional information. He indicated tli be had fined information relating to the school he attended. Mr. Persing also stated that he did ngt'.present evidence of past practice because he does not have a license to practice, but mentioned thas asLifed at Grandma's Marathon for several years and feels that he has the experience necese�iy top:Ql Chia; se. Mayor Egan felt this item should be continued to the June 18 City CounciF�irfiM`irig-*-*. :'f :fiE .-s ersing had the opportunity to present this Information prior to the last Council meeting as well as prior to this evening's Council meeting, and that his failure to do so warranted the continuation to allow for further investigation by the Police Department. Councilmember Hunter moved, Councilmember Awada seconded a motion to reconsider. Aye: 5 Nay: 0. Councilmember Hunter moved; #�suncilmember"hter seconded a motion to continue this Item to the June 18 City Council meeting. Aye: 5 Nay: i7'' EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 19% PAGE 3 A. Personnel Items Item 1. It was recommended to approve the hiring of Jill Hammer as a seasonal ballfield attendant Item 2. It was recommended to appro4l#ii hiliig i°tl:s ne as a seasonal street maintenance worker. .%-.*-- Item 3. it was recommended to approve'the hiring of Heather Rougier as a temporary Engineering Intern in the Engineering Department. B. Resolution. Airport Relations Commission to Improve FAA Enforcement of Eagan -Mendota Heights Corridor. It was recommended to appecnte a resolution requiring that aircraft operations compliance with the Eagan -Mendota Heights Corridor l:: 9 irnprove43;.:_: C. Contract 96-15, Approve Plans /A giiirize Ad `' Bids (Meadowview Road - Utilities). It was recommended to approve the pians and specificafidns for Contract 96-15 (Meadowview Road - Utilities) and authorize an advertisement for a :.*t 11:00 a.m. on June 14, 1996. D. Resolution Comprehensive Guide Plan Amendment Blackhawk Acres 4th Addition. It was recommended to approve a resolution amending the Eagan Comprehensive Guide Plan from D-111 Mixed Residential to D-1 Single Family for Blackhawk Acres 4th Addition. E. Approve Pedestrian Crosswalk Policy. It was Policy. F. Project 709, Receive Report /0rde .'Psi 13/B1ackhawk Road). It was recommend Drive, Yankee Doodle Road & TH 13/Blac public hearing to be held on July 2, 1996. to approve the Pedestrian Crosswalk feasibility report for Project 709 (Kennebec 'eet & Signal Improvements) and schedule a G. Chanae Order Final Payment and Acceptance Civic Arena Project (continued Indefinitely). It was recommended to continue indefinitely the change order, final payment and acceptance of the Civic Arena Project. H. Chanae Orders, Municipal Center Exlon. it was.recommended to approve change orders in the net amount of $128 for Peterson Elects 'We:f6ia-iulyFi #p f:?0nter Expansion project. I. Agreement, Approve Dakota CoulnZQity of Eae an Joint Powers Agreement for Enhanced Fine Revenue Collection Program. It was *WommerAW to approve the Dakota County/City of Eagan Joint Powers Agreement for Enhahced Fin& Ay.Qtw,—.W- 4c%1411 Program. J. Resolutions to approve Fish Lake MPCA Loan Agreement and General Obligation Note. It was recommended to approve and execute a Minnesota Clean Water Partnership Project Implementation Loan Agreement and attached resolutions for the Fish Lake Phase II Implementation Project. K a contract with ACC Architects for h et. It was recommended to approve estimates for a second sheet of Ice. L Ratify, Direction regarding Holz Fdf iJRichard Holz P? rty. It was recommended to negotiate approximately 20 feet of*land from Rp',r , r Weierke for roacy access or negotiating the minimum roadway access from Richard Holz Qt :.t! :p.Rgotiate; Rr► f A, which is a land swap with a portion of the EAGAN CRY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 4 existing Holz Farm Park, with Richard HpIX. M. Authorize. Civil Defense Siren Modlfl6iiions. It was recommended to authorize the advertisement for bids to consider additional warning sirerrm"= ogy for the City of Eagan's outdoor warning siren system. N. penial. Massage The Duckwood Drive. It was continue this Item to the June 18 City Council meeting. O. License. Massage Thgr 1py Establishment - Bodyweliness Susan Steams. It was recommended to approve a massage therapy establishment license for Susan Steams doing business as Bodyweliness Massage Center at 2121 Cliff Drive. P. License, Massage Therapist, Alix Bl It wa*:Kecommended to approve a massage therapist license for Alix Blick to practice at the I6pdywelln* Massage Center, 2121 Cliff Drive. Q. Permit. Fourth of July Parade, Lior Eagan Lions Club for the Fourth of Jul to approve a parade permit for the R. Temporary License, Beer. Fourth of July. Lions Club. It was recommended to approve a temporary beer license for the Eagan Lions Club for July 3 and 4, in association with the Fourth of July celebration. S. Findinas of Fact. Conclusion & Resolution. Denvinq the:.Hpovestol Addition. It was recommended to approve a resolution denying a request by Hooyestc�#; IA6,::tdh-a Preliminary Subdivision, Conditional Use Permits and Variance to allow a truck f�ciki�yrrSia(X::sales and service and fuel dispensing on property located on the west side of TH: #43;'horth of;Xankee Doodle Road in the west half of Section 12. T. Aeauest for Extension for Recording. Waiver 6f'jkifii' 'sem. Kevin & Leo Murphy. It was recommended to approve an extension of the 60 day time:*k for recording a Waiver of Subdivision to April 2, 1997, Councilmember Wachter moved, Councilmember Hunter seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 TAXINCREMENT WAY 55-149 REDEVELOPMENT AREA Ctry Adminstrator Hedges gain.n:c�sttiMr:ctt;4tc;lncrement Financing (TIF). He indicated that the City Council has been conservatiVBts=iiSQ:tlf:x;the years. He stated that the area of Highway 55 - 149 does meet the requirements of a redevelopment area under the TIF law: Hedges also mentioned there have been some petitions and interest generated by businesspersons and residents. He mentioned that at a joint workshop meeting of the Economic Development Commission a consensus was reached to proceed ahead and informational meetings were held. Hedges introduced Assistant to the City Administrator Jon Hp#o'tB€+rjr Assistant to the Administratofthenstein pro vidd:additional background on TIF. He stated the purpose of the District would be to provide financing t+ti'.i10 public improvements, correct substandard conditions, remove sub t shard structures ak:*:assemble land for private redevelopment in the Highway 55/149 area. He noted*.'ft b.e.;ars&-pf: Il tierty 55/149 does meet the criteria for a tax EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 5 Increment redevelopment district since ?.Q% or more of the property is improved and more than 5o% of the buildings do-require substantial upg`r es to meet current codes. He stated that any proceeds need to be focused on redevelopment of the-property and the creation of the District is not intended to be a business subsidy. Hohenstein mentioned there ha .been some interest shown specifically In the parcel located on Highway 55 by Lone Oak Road. He staJ.'. there Is one parcel near the middle of the District that is being excluded because the Tax Incre&iit law states If a property has been in Green Acres within five years preceding the formation of the District, it must be excluded. Hohenstein addressed the number of policy considerations the Council would want to address as part of this approval. The first one lasing whether the fiscal disparities contribution will come from within the District or not. He stated thit:;staff is rmmmending It does come from within the District. Secondly, he noted since 1990, the crebkon of TfN.Pas required the election of either a HACA penalty or a contribution by the local unit of goverment to t#* project. It is staff's recommendation that a more conservative approach would be to participate as's-contributing partner through the road improvement projects or other activities which would:pQirlit°;a.t#pfrdevelopment. Hohenstein noted questions raised during the neighborhood meeting relating to residential development. Some residents questioned whether TIF would bring about redevelopment more quickly than without ft. Councilmember Wachter stated his concern for how the residents will be affected. Mayor Egan asked Hohenstein If the decision to Incorporate the residential property has to be made at this time. Hohenstein stated that the D(strW;::yrs::P,tpposed, does include approximately a dozen residential properties and that If a decisioq..Ie:#i :#v or�ea`te the District, the properties will need to be Included, but that the decision to redei i p-: ifte properties is a separate issue. He introduced the City's legal counsel for this project, Sfeve Bilbtil. of thg:>urm Kennedy and Graven, and referred technical questions to him. Councilmember Wachter asked about the ceni-16-r*- omission and whether or not the landowner wanted to be part of the District. Hohenstein stated the new property owner, which is DART Transit, did explore the possibility of being included in the District, but because of the rules relating to the District regarding the amount of unimproved area which could be included with the improved area, it came down to either including this site or another larger area. He stated the larger area would create a better opportunity to create a tax base wtuc;*h- �!ould help with redevelopment activities in the remainder of the District. The Green Acres elemer E;i i iplia::>vc "'piece of property, since DART had just recently purchased the property. Co�tWinemIJ&.:�2y' 6fiW 4Uestioned If there would be a problem by not including the DART area. HohengiA statedi . the District only defines the area within which you are going to capture increment; imprents may be done in the larger development area. Mayor Egan asked about boundary change 44ohost� :clari ied that the amendment to the plan does not change its boundaries, but it does c ciltl t; ix(;i 0: vith the proceeds. Mayor Egan asked if the 25 year time limit was due to the fact that this area is slated for redevelopment. Hohenstein stated that redevelopment justifies the longer term, but also noted that the District can be decertified at anytime once the results that were sought have been achieved. Mayor Egan opened the public ;.t ttri$16ft . wishing to speak. Merle Duff, 916 Lawrence Avenue, read a letter he submitted to "City CounciG #?te;added that Hohenstein had explained TIF to him and his neighbors at an informat" meeting. His 6sFlcern was that the District would lower property values in his neighborhood::; }4ohenstein stated ttW the District would allow the City to develop financing to acquire certain properti$:;:-ie mentioned tt1;i~ondemnation could happen with or without EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 6 this being a TIF District. He said that th®:District generates revenue as a financing tool. Councilmember Hunter asked If the creation of a TIF Distft changes the zoning of the residential property and if the rights of the property owner stili remain'oiice the District is in place. Hohenstein stated that the District does not change the zoning and that thepejai;dpsitll remain. Dennis Klingel, who owns proPety at 2795 Undo Lane and 912 Lawrence Avenue, expressed his concern about the City condemning th8.&dential properties. Discussion was held regarding MAC acquisition and the Part 150 Program. -Kayor Egan stated that this was not the forum for discussing those Issues and that they were not related to the creation of the TIF District. l0ingel felt the City has not had a major plan for this area. Councilmember Awada indicated that at some point in time the homes In this area would eventually be bought out. Councilmember Hunter stated the creation of the District does not mean the Council is g;An to proceed with condemnation. Councilmember Awada concurred. Klingel stated he feels his iwse is ntkmv*etable because of the uncertainty buyers may have with regard to what will be done,"i this pi roerty and the threat of condemnation. Councilmember Hunter asked Hohensteiri Ya letter was sent out to the residents stating that the City was thinking about condemningtrecalled that the letter stated the property could be affected by the Distr 4 fit::ia , i I!Wing-anything specific to condemnation. John Neska, 908 Lawrence Avenue, stated he read a statement made by Hohenstein in the local newspaper regarding the possibility of condemnation. He said he would like to be eliminated from the TIF District. IQingel asked why only six of the seven Ia rtAs vv iii:4hosen to be in the District, leaving out the Schindeidecker's property. Hohenstei ..... ':# :xlie #x increment law which has a number of tests to determine Lf a property can be Included:fr1:th flF Dlstikt, such as lot coverage and number of properties that have improvements on them;:::.Ke, stated that the District, as configured, just meets the TIF law for lot coverage and number of tiiiihi#iKg :Ae•added that If any of the properties were excluded from the District, it would not qualify to be created: :ii:s;she Schindeldecker property is small and does not meet the 15% coverage test necessary to be ah*-Ift roved lot in the District. If the Schindeldecker lot was Included, it would be necessary to exclude one of the unimproved lots elsewhere In the District. Klingel raised the question of someone being able to buy out the area and whether they could buy just one parcel or If they would have.to:Wy the whpJe.parcel in order to change the zoning from Residential to Business Park. Councprars$ ad� sMW:ihat the City would not allow a business to rezone one lot in the middle of the of kr:fesidei ; ftpertiies. Councilmember Wachter stat'#:that the:ion tonight would not change anything in regard to the residences in the area. He said t ur s k#!, the:creation of the TIF District is to allow a business to obtain financing for a commercial f A1sici#te City is not planning on buying out the properties. .. . Steve Bubul discussed the reasons for including these parcels and stated that excluding them would affect the ability to create the District. He said the plan authorizes the City to acquire any parcel In the District and that the City Council couh*,0h9'm0er:1he plan to say it is not authorizing acquisition of those specific parcels at this time. He pbii't #::t& iouncii were to decide to change their mind, the plan would have to be remodified# the need to'gpthrough the public hearing process again would exist. He emphasized that appr'iit7ing the plan ideWies the City's abilities within the Development District and the decision Yo acquire peels would be made:by the Council on a project by project basis EAGAN CiTY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 7 Mayor Egan stated that the decj i* to create a TIF District does not override the existing zoning or land use rights of the property ownei^15i;-le added that the TIF District does not improve anything for the property owners, nor does It take anything away from them. Councilmember Hunter referenced Subsection 1.14 of the report, entitled P1is:#i7;I.�kR�aii:;stating they may be acquired in whole or In part within the development district. -T i -may -'So any parcels in the TIF District or in the Development District as a whole if necry to carry out the goals and objectives of the Development Program. He stated this could be am Aied to say, any parcels in the TIF District, except for parcels on which single family homes exist as of 6-96. Mayor Egan asked Steve Bubul if this could be amended without changing the TIF District. Bubui stated this could be done. Councilmember Awada stated she supports a buyout of these homes at some time in the future and this is the only way to use nontax#Mars to accomplish this. Klingel stated that the residents have always felt they were in limbo and reftiikied his d ticem regarding the decreased marketability of his home. Councilmember Hunter added Nt he dkf: fiat understand how the TIF District would affect that. Discussion continued regardinq.xhe.:po j I ity of a buyout. Mayor Egan stated this could be a catalyst for commercial developers to a :ptft.t( a :: j pi3hcilmember Wachter added that this will be a financing tool. He added that he woili'd'"ftof siiospari'tii &&but of the residents to force them out of their homes as a result of this action. He noted that he's never been in favor of TIF because the residents of Eagan do not receive any direct benefit from it for a number of years. Klingel asked that someone contact him regarding the resolution of a number of other issues. Administrator Hedges said that he and Hohenstein will work with him. Waiter Mulligan, 715 Lone Oak Road, asJted: is':prtperty was included in the TIF District. It was stated that he is not included. Lynn Klingel, who owns property:.at::2Y- 95.Lln6::Lane and 912 Lawrence Avenue, expressed her concerns regarding all the changes the residers : :tw :arca have gone through along with the possibility of condemnation. She also raised the Aldiner Motel and the terrible conditions associated with that property. Mayor Egan stated that 6`6' erstood her concern and said that Improvements to the area are needed, but it will take a collaborative effort. Counciimember Masin asked that the minutes from a prior workshop be researched in regard to the Airliner Motel Issue. Councilmember Hunter stated that the two issues, the creation of a TIF District and the problems with the Airliner Motel, are separate. Administrator Hedges addressed Councilmember's Masin's question regarding the issue of the Airliner Motel...Hi uld that .tha Ascussion the Council had regarding the Airliner Motel came about from calls th :#? ilisa::Uei mh' fit; d Building Inspection Department had received, in addition to a letter sent hy::esideri::feclges said that the problems associated with the Airliner Motel will be readdressed. Brian Ames, 735 Lone Oak R# i,;expl si d,.�i ;concern with the TIF plan changes that would affect properties in the Development fl"e�;'ted that all the authorities that will be added that would apply within the redevelopment area, also would apply to the larger project area. He mentioned that a maximum of 25% of income generated within the District could be used in the larger area provided it meets the criteria of the TIF District. Ames asked how the TIF District would affect the DART expansion north of Lone Oak Road. Hohenstein reiterated that it may assist a business to go in the area where it might not otherwise; how�*isidy would be provided unless it met the criteria of the District. Ames also asked if the ,ft--1ijgs•iKQ: ority are tied to any specific development plans at this time. Mayor Egan said t1Q there were no,** N'plans for use. Hohenstein mentioned that It could be helpful to have the Dis�iict in place for a 0t re prospect who needs to move ahead with their project in a timely manner. Ma*t:Egan restated thatzhis District is a 25 -year redevelopment District. Mayor Egan then turned they:?ic�sSicul.bac.�o.;li2ir:Council. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 8 Councilmember Awada moved,;Qauncilmember Hunter seconded a motion to close the public hearing and approve a resolution mod'Rftthe development program for Existing Tax Increment Development District No. 2 and the TIF Wh for Tax Increment Financing District No. 3 to facilitate the redevelopment of the Highway 55-149 a�18r:::►ye::(!:4: Mayor Egan added that the City. un has ttie abjlity, to proceed with condemnation at any time, but the intent in regard to this issues to upgrade and improve this blighted district. Counciimember Hunter asked whether t 4:staff recommendations regarding fiscal disparities and local contribution were included in the resolution. Steve Bubul stated that was covered within the motion. VACATE PUBLIC RIGHT-OF-WAY YANKixE COURT & KUTOFF DRIVE Director of Public Works Colbei:have a s"ff report. Mayor Egan then opened the public hearing to anyone wishing to speak.. Ohijok Tork$spn, 510 Rolling Hills Circle, asked that this item be moved to follow Item A under New BuslRiss. Mayiir Egan then turned the discussion back to the Council. Councilmember Hunter moved; FtiMeNititiai:lfia;ier seconded a motion to close the public hearing and continue this item and action until after Item A, under New Business. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT, GOVT LOT 6 (PROPOSED SENECA HILLS ADDN) Director of Public Works Colbert gave a gtaf#:tEgan then opened the public hearing to anyone wishing to speak. The bo'wishing to speak, Mayor Egan turned the discussion back to the Council. ri Councilmember Wachter moved,' ;3fmftber Awada seconded a motion to close the public hearing and approve the vacation of public dralnaga:sit # tsf14ty easements as described over Govt. Lot 6 subject to final plat approval for Seneca Hills Addition aM*:A.0orize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 701, SOUTH HILLS ADDN Administrator Hedges gave an ovewl.ew of this item,: Director of Public Works Colbert presented background information concerning this grCsj V::..C.c DO' C hri Wuced Tom Sohrweide, of Short, Elliott, Hendrickson (SEH), who presented t1*: ormatiQrl:Gtiiitairied in the report prepared by SEH. He discussed the two options available, viif kh inclu&:i Ither reconstruction or resurfacing. Sohrweide first discussed alternative number one, an .-Mated that.;fhe existing road surfaces would be milled adjacent to the curb and gutter, a one and a half: bitumGdUs. overlay would be placed over the road and valley gutters would be installed at some ofx3i IbA'. is i ss+st with the drainage. He added the benefit of this alternative is that it Is relatively jnexpensW, further decay of the pavement surface and extend the life of the streets. He also mentioned that it would improve the driving surface, increase rideability and add to the structural stability of the street. Sohrweide then discussed attemative:;Ruftm two, that being reconstruction. He stated that the existing bituminous surface and the aggriq :W,*0. tef - en the curb and gutter would be removed, subgrade correction and drainpipe waW::tie installeci*ffic;#8 aced areas and valley gutters would be installed at some of the In -He stated that the- refit of this alternative is that the streets would essentially be new and have a:19in life than resur%ed streets. He discussed the assessments and project costs for both options. He:#ollowed up by:dis;Gfi$sing the project schedule. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 9 Mayor Egan then opened the ptMp c hearing to anyone wishing to speak. Russ Hedley, 3793 South Hills Circle, addressed the Counedt: kgarding the estimated assessments and questioned why the assessment has appeared to Increase. :birector of Public Works Colbert stated that at the informational meeting, the figures given regarding tha;e6slZ}iy estimates and with the more detailed analysis of the feasibility report, the estined. He noted that as the project continues along, the costs will be further:.rofined and finalized at the time of the assessment hearing. Hedley commented on the reaction froi;*:;ie neighborhood. He stated that 2/3's of the owners of the lots support the overlay program vs. reoiistruction. He also commented that at the Informational meeting staff supported the overlay too. Trish Grayman, 3755 South Hills Drive, asked about street lights aAd the effect they would have In the neighborhood and stated that the:Majorhy of the residents do not want them. Mayor Egan said that the action taken would have to in" the iniftliation of street lights, but stated he would not support adding them at this time. Dircar of Pu¢ Works Colbert clarified that Installation of street lights is not being considered under th ;Amproveiitent project. Mayor Egan then turned the discussion back to the Council. Councilmember Awada moved;' CbUrtfriEi ei i :"*seconded a motion to close the public hearing and approve Project 701, Alternate No. 1 (overlay), (South Hills Addition - Street Rehabilitation) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 706, WILDERNESS RUN ROAD Administrator Hedges -gave an overview of Public Works Colbert presented background information concerning this. rp�aCf : biNO stated that this project is proposed for mill and overlay to provide structural strength 8 :e>rterld the upful life of the existing street. He added that two property owners were Inadvertently omittfxi:# the ricin ication for the informational neighborhood meeting. He said that they were able to caiituz czt:A#:zhe two property owners and the owner was given an update on the project. However, the otFii�r%:'A'* ii�par#y..owner was unable to be reached. Councilmember Hunter asked if both of these property overs were notified of the public hearing. Colbert answered that both property owners had been notified and had only been omitted from receiving the Informational meeting notice. Colbert introduced Tom Sohrwelde, of Short, Elliott, Hendrickson (SEH), who presented the Information contained in the report preparad:byc SEH. He jriicated that the purpose of the project is resurfacing of the road. He discussed: ::amsn*it6,;Obct costs and the project schedule. Mayor Egan then opened the public hearing• b:itnyone:-vA4iing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back **the Council. Councilmember Hunter asked if the residents' question regarding if one rlbor haA-.ireen overlooked pertaining to the assessment had been addressed. Colbert indicated tY:tbis.pFQyt?y;Ws,included in the assessment. Councilmember Wachter moved, Counciimeirifirsf''Hunter seconded a motion to close the public hearing and approve Project 706, Wilderness Run Road (Street Rehabilitation) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 YAR{ANCI:,;..R.--.4k-SONS HOMES, IIC Senior Planner Ridley gave a. :report. Mij6t.gan then opened the public hearing to anyone wishing to speak. Kirk Meyei;'i'epresenting McAiliomes, showed the City Council pictures of the proposed lot. He stated that the: -Vose was designed: capture the scenic views. He also Indicated they would like to construck;;three:cr �arage.#ause of the prevailing construction EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 10 practices In the development. Mayor Egad; asked Meyer if they had contacted the neighbors and if they had any objections to the proposed vari*h*e. Meyer stated they had contacted the neighbors. Mayor Egan turned the discussic;;et€;tctdi>B;Cs•�. Counciimember Awada stated that she felt this was a poor case for a variance P�at#,�+ot been proven. She added that the house could have a different size pad atld the shape ; f file House could be changed to avoid needing a variance. She asked if the three car ga#e was a requirement of the covenants of this development and indicated that it would be diff'�cult t43 dell a house in this price range with only a two car garage. Mayor Egan stated that he understood how difficult it can be to redo plans for a house and supported Meyer's position. Councilmember Hunter expressed his concern that hardship was not proven in this case simply because of the need to build a three car garage. Councilmember Wachter felt that since the house Is in the early planning stages, it.ould be made to fit the lot better instead of granting a variance. .... Councilmember Hunter moved;, t uncilr** ber Awada seconded a motion to deny a 7 foot variance to the required 30 foot build ingtetback &long a public right-of-way for Lot 53, Block 1, Mallard Park 4th Addition, located at 1696 Bran€... tft i2::::: 4y�, : -y,%:2 (Egan, Masin) Meyer asked for advice on what to do with regard to the lot. He indicated that a 2 foot variance would be beneficial in the planning for the placement of the house on this lot. Administrator Hedges suggested Meyer talk with Senior Planner Ridley for obtaining a 2 foot variance. Meyer requested that the 2 foot variance be granted at this evening's Council meeting instead of going through the variance process again. Administrator Hedges stated that this could.:i* done by motion as long as the request is not to Increase the footage of 4he variance. Councilmember Hunter movedf; 0.MigarrcilmembOn achter seconded a motion to reconsider. Aye: 4 Nay: 1 (Awada) Councilmember Hunter moved,Councilmerif .*.,W*chter seconded a motion to approve a 2 foot variance to the required 30 foot building setback along''�'�pibjic right-of-way for Lot 53, Block 1, Mallard Park 4th Addition, located at 1696 Brant Circle. Aye: 4 Nay: 1 (Awada) VARIANCE, TIM & JOANN PAYNE, 4858 SHEFFIELD LANE Senior Planner Ridley gave a staff.,r4!pgrt. Mayor Egan then opened the public hearing to anyone wishing to speak. JoAnn Payne:rW :baftxi� City Council and stated her request to obtain a variance for the proposed poi*- sddifie%K. :ffie real of their home. She submitted a letter from the abutting property owners stating Q they dal it object to the variance. She also added that she and her husband have personally cor>ted 19 property owners and they had no objections. She felt the improvements would be beneficidii6 tha .Piti:4e to the increased property value of the home. Mayor Egan then tumed the discussi*:#ie• f4:t4j;jiil:; Councilmember Wachter moved, Councilmember Awada seconded a motion to approve 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 subject to the following conditions: All materials, maps, c shall become part of 2. The exterior material$:q the addition structure. Information submitted with this application architecturally compatible with the existing EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 11 Aye: 5 Nay: 0 EXTENSION OF PRELIMJjAAhY+6U6U1V19f0NAPPROVAL, DART TRANSIT Administrator Hedges gave a firm overview of the project. Mayor Egan stated that the issues regarding this project were well known to the Council. Dan Oren, with DART Transit, stated they would like to modify the language to state that they do not want to waive their rights on the southern half, but that they would just not apply for plat extension on the southern half. He paid they would take the southern half of the property out of thq.plat approval process. He requested the language be reworded as to waiving their rights and just get 6&.'0'f the somhem half of the property only. City Attorney Jim Sheldon said it would be acceptable tq address &northem half only. Councilmember Awada moved;:*C- ounctlni4f Liber Hunter seconded a motion to approve the extension of subdivision approval for ali.r#::�::;i;r•-14, Block 3, Eagandale Corporate Center for one year subject to the original cornc:iapji;iie:May 15, 1995 City Council meeting and an additional condition requiring all public improvements to be installed by the City. Aye: 5 Nay: 0 AMENDMENT TO CONDITIONS OF APPROVAL, APOLLO ADDITION Senior Planner Ridley gave a staff report. David Qgnstabie, architect representing R.L. Johnson, stated they would prefer to omit Condition #6. Diraei0:: tf;F. iblic Works stated that the applicant's concern is appreciated in regard to areas.wE#jitdii�iFii be future expansion of the site. He added that the area along the east side is not:lalji:3o'tie' exp6ded and the west side of the building has a landscaped green area in front of the building and these areas appear to be encroached upon with turning movements and parking from He mentioned that employee parking seems to be uncontrolled within the paved surfac i Vpyees are starting to park up on the grass surface. He added that, although this is in the back of'ti'ii; -kpilding and not visible to the public, it appears to be affecting the internal operations of the facility. .He is not sure If it is necessary to provide a gutter, given the existing concrete surface which could function as a gutter. He added that some type of barrier is needed to keep the traffic within the paved surface. He indicated that City standards for new construction are being applied to existing redevelopment and potential expansion, especially when there are areas where problems exist..gnd need to be corrected. Councilmember Hunter stated that In the past, redevelopment projecW::taaci'ii':6Qen, W fa to meet City standards. Constable mentioned that if the adjacent site is ca eVe(op6 ruing' -problems would be corrected. He added that the option of widening the shorter cot'titg'r would :more acceptable than putting curb all the way around. Colbert asked If the expanskm:was pro Med in the next five years. Constable did not know when the expansion would take plac$:;:-Colbert wed that it would be beneficial to make the Improvements now since it is unknovi>xi: t#jar: is i is 0h:knay occur. Counciimember Hunter asked if there were other redevelopment situaif6hs- w'librd flpt toleaving the parking/staging areas in their present state), was chosen or if City standards were consistently followed. He was sensitive to creating a level playing field and treating everyone the same. Mayor Egan stated he would parking/staging area to City standards Councilmember Hunter movodMouncilmi Amendment to the Conditions of Appir✓at, Apollo Road, Just south of the Apollo Road . war Lane II recommendation to upgrade the p_riod. Councilmember Hunter concurred. hter seconded a motion to approve an reliminary Subdivision, located at 900 Apollo and west of Mike Collins Drive, Option #3 EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 12 to upgrade the parking/staging areas to:Qlty standards to be phased in over a period of five years. Aye: 5 Nay: 0 RE -APPROVAL, NORWE�T-; 1R9?,A9 . Q *.P.REUMINARY SUBDIVISION Gene Happe, of EFH Company,.xpquested that the preliminary plat for the Norwest Third Addition be extended to allow for final a# 0oval of the plat. Mayor Egan questioned if the footprint was the same as for the medical building t4i:• ad been proposed before. Happe stated that the footprint for the hotel is similar to that of the medical building and that no roads or Improvements have changed. Both the City Administrator and Councilmember Hunter asked if the development was the same as proposed In 1993. Senior Planner Ridley stated that everything is consistent with the final subdivision. Counciimember Awada asked II there vw a strip mall proposed for this parcel. Ridley stated that was proposed on the Eagan Athletic site, nth is site-:•:•:• Councilmember Awada moved,•4-buncilrriftber Wachter seconded a motion to approve a re - approval of Norwest Third Addition PreliftnaSbbdivision consisting of one 2.8 acre lot located east of Pilot Knob Road and north of Yankee 0 RESOLUTION ADOPTING LIVABLE COMMUNITIES ACTION PLAN FOR DAKOTA COUNTY Administrator Hedges gave an overview of the Dakota County Livable Communities Act and explained the concept of 'clustering." He added that each city will have its own plan, but that the cities will all work together as a large community. Mayor Egan. stated that this is under Old Business since the Council has worked on the plan for over a year; , GQlfrietriber Awada asked if the plan could be amended. Hedges answered that it could!::t,�;;tr�sitied: ;tow or in the future and added that the plan is open enough to allow for flexibility. Cc iteifmdm r Asada requested that Eagan's Action Plan for the Metropolitan Livable Communities Act'6o amwxled. Item D, the last sentence, of the plan should be amended as follows: The City will contintiir10:;fi; tKK,..Wkh.the Dakota County HRA to determine rental developments. Councilmember Hunter Hedges said that he had a meeting with representatives from the HRA regarding the possibility of a collaborative ownership by the City and the HRA of one particular housing development with the same objective raised by Councilmember Awada Councilmember Wachter asked how the proposed change would affect the other cities involyad :;.liedges,"t 90, he did not know the answer, but thought since the changes would only affectEe�iti?::AG>ipn;'In;;:lianges could be made without affecting the duster. He added that the implemenir2c f&* may:iopipacted"and the HRA may come back to request clarification. Mayor Egan added that•#Ae comjS&is converted into something attractive and non - blighted, and the goals still haven't b0ill: met, ttW:plan may have to be amended in the future to include some type of new construction. He16e s.ttuS isSsi>g aqe§ not need to be addressed now. Councilmember Hunter requestedthalt:€ici>tidrat:nt to the HRA and the other cities Involved. Councilmember Awada stated she is not opposed •t$:&U'-i i' ng, but reiterated that existing housing stock should be used. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a Resolution Adopting The Action Plan forC>IS:CoJJnty Cluster, including the attachment for the City of Eagan, amended to include sites pur f et # lri (king housing stock. Aye: 5 Nay: 0 RECEIVE TASK FORCE ItPORT & CONSI[i g A RESOLUTION DETERMINING THE ISSUING OF GENERAL OBLIGA3PON PARK BOND',$ ;AND PROVIDING FOR AN ELECTION EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 13 Administrator Hedges gave an gy0view on the purpose of the Open Space Task Force, which was created as a recommendation frori-.& Advisory Parks, Recreation and Natural Resources Commission and approved by the City dWncil to study the need and purpose for a park referendum. David Szott, Chair of the Task Force, rs04ftWA #:9w-C.-pt &:the Task Force's findings and recommendations. He noted that the f:#@ 3'$sft:�nras on three major components. The first one was In regard to what the referondum statement should be. The second component was to develop a way to identify and prioritize. ropriate parcels for consideration. The third component he mentioned was to Identify and supporta"-dollar amount for the referendum. He explained how the Task Force arrived at the decisions they reached. He stated that 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. He added that the Task Force felt priority should-be placed on the acquisition of open space, which would yield a nufter of benefits. He also noted that bond referendums have passed in neighboring communities In:#ipent year:.pind feels a referendum would pass In Eagan also. He summarized that the Task Force is .9itfpporting g.-referendum in the amount of $4.6 million, with $3.8 million of this amount being used tows, ;4:acquisifW of open space for natural resource preservation and the balance of the $800,000 to be used for enhancement of open space. He indicated this would amount to approximately $2.00 per mOf>> 16-year bond, based on a home with a $120,000 assessed valuation. Councilmember Hunter asked about the bond election notice included in the Council packet and questioned if the City is bound by the language for acquisition of park land only or if money can be spent for other improvements. City Attorney Sheldon said that there are two issues, which are acquisition and betterment. He noted that betterment wouit#:tipply to the $800,000 for improvements and that the language could be changed to indicatp:1110-:ft:amount could be used to improve existing facilities. Councilmember Hunter stated, l :T sidi2l�it'.:dmy look at the amount and only consider the money to be used for the acquisitiono')**' " 1drxi for 4N parks and not separate the two issues. Councilmember Hunter asked about tfteAe of the:-wording used on the ballot. Sheldon added that betterment and acquisition are usually tWo�'�paiW"'* 4$s and he would have to check out whether they could both be included in one question on ElleRiax::::::::• Counciimember Awada asked about the need to start a nature center vs. the need for more neighborhood parks. Szott stated that a nature center would be a complement to neighborhood parks and enhance the open space that is already owned and that the time to purchase park land is timely. He added that if the land is not purchased now, it may become non-existent or very expensive to acquire. Councflmember Awada agreed that it Is irnnt to purch §e the final park land now while it Is still available and affordable; however, shs:t$tc# he�, girsiiri::regarding the need for a nature center at this time, since the Holz Farm had reitjfy beeiifci'iased. Councilmember Wachter merffl( reed that:ate was on the Council when the land was purchased, and stated residents have asked whA:Ae: Rr¢pity ;ip going to be developed. He stated the time to develop this property Is now. He aci ft:## it;3�: #*.. >° nature center. Councilmember Awada doesn't question the purpose, but rather the timing;dQlrig'that priorities need to be established. Counciimember Wachter reiterated that he does not want the residents to waft another 20 years for this property to be developed. Councilmember Masin stated she has no problem with the proposed Patrick Geagan Park. She asked what prompted the Task Force to recommend this portion be included now. Szott stated they felt that If this was includ"1t.y.'vc ld.ceach a broader cross section of voters. Mayor Egan fait this may confuse the issue. Hagiei#:tiitlisition and betterment should be segregated Into separate questions. Stott stated that the Task Fwp@ members recommended a statement be made In regard to acquisition. He suggested eliminatiotr:Af the term 14 le- Councilmember Awada again questioned EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 14 the need for a nature center. She added:t3at there is ample time to address that issue. Councilmember Masin noted that. the nature center goes::Wbrig with the passive land, where most of the Interest is generated. Councilmember Wachter stafeij that the main focus for tonight's meeting was to decide if a there would be a bond referendum, the...4 itprr: IQ:. _ :4 be amount. Councilmembers Hunter and Awada agreed. Szott stated that rs thought that after tonight's meeting, their role would be ended. Jennifer Heron, 2089 Royale Driv'and President of the Northern Dakota County Chamber of Commerce (NDCC) - Eagan Division, submitted a letter to the City Council. She stated that the NDCC has no official position In regard to this issue. She added that their concerns related to the cost for holding a special election In August vs. the cost for holding a campaign to.educate the voters in conjunction with the November electionti:;She also commended the Task Force and the Council for their efforts. John Young, Secretary Of theft Sm ,..Pusiness Association, said members of the Association had concerns about the ta5e impact Irl' 4gard to this referendum. He asked if it would be possible to see what the tax impact to :3!vcxcd:$�e in regard to a property valued at $200,ODO and also a property valued that members are also Interested in where park budget dollars will be spent and had questions regarding acquiring park land for open space, since there is already so much state park land as well as a vast Dakota County park in the area, along with many Eagan parks. He added they also questioned the need for a nature center. Mayor Egan stated they had decided to update their::Parks System Plan about two years ago and that Barton Aschmann had gone through an. 4 -ft%- P::Wmprehensive process with the APRNR and City Council. He commended the Advisor F*r"JX .iOrgation and Natural Resources Commission and staff for the hard work they put into thy::PFabfts: He atlded that he felt they came up with a good plan. J• Peggy Carlson, Director of Publicfty't#ts;>rian Athletic Association, addressed the Council and stated she had dropped off a letter earlier Intiie:did;::klg stated she feels it Is Important to acquire land; however, it is also Important to complete act' ch as lighting for ballfieids. She questioned whether or not the dollar amount would be set tonight. Mayor Egan stated it would be. She also asked If uses for betterment would be determined tonight. It was stated that the uses would not be determined tonight. Mayor Egan stated the Council would like greater flexibility in regard to determining the uses for betterment. Councilmember Hunter stated t> iat;iti} i g:i§W a good point regarding the proximity of the Dakota County park to the south 40--i State p2 f*kind to the northwest. He asked how the Task Force viewed this In terms of meeting Fie open bice requirements. Michael Vincent, Task Force Member, answered that this had bee6*:mken IntQ;account. He added that the Parks System Plan does identify that in conjunction with the ne.fQi; olFs:Qarks:He noted that a copy of the plan is available at the library for the public to view. Councilmember Masin asked If the Task Force had discussed a date for the referendum. Szott stated that August 6 had been recommended because people are still actively using the parks and felt this would result in a positive vote. He added that the members felt if the date was set later in the year, there would be a lack of interest in voting; .Ke;b.ed that combining the referendum with the Primary Election would be unfair, since •f#8us task. Also he stated that combining the referendum with the General Election.id3�;;riot a good'Wift because of the number of issues that are associated with a national election. I T ;' ted that the b" referendum issues should stand alone. He recognized that cost was a factor in WOing a special election, but felt it was important not to combine the referendum with other issues. HOW-al$o mentioned .that:ttle Task Force had sought an early spring EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 15 date initially, but felt the timing wasn't rpt and that the Task Force needed time to have a comprehensive look at the park systeM-.00:iate and address other Issues. Councilmember Wachter states#; ...... ' �s::ik� 19?icpr• ;�1t: ving a referendum along with the General Election, but also added that he unders3s�bask Force. However, he noted that he favors saving the taxpayers money. Cgemcilmember Hunter agreed with Councilmember Wachter and stated that he's had calls from people »Q don't understand why more money should be spent for a special election. He further added thaY'4 liked Jennifer Heron's idea of applying any additional money toward educating voters vs. holding a special election. Mayor Egan said he has been a strong proponent of holding special elections for referendum purposes. He went on to explain that if the referendum is held during the General Election it would be the first time. He noted that referendum elections have always been held on thek:own merits in the City in order to give them a certain Independence and dignity. He said hr} ;willing W:*upport a combined election if that is the desire of the public. Counciimember Wachter ritioned in previous years no one has been concerned with the cost, but due to high taxes now, tit.ihas bedbijne a factor in holding special elections. Councilmember Hunter noted the lack' of voter tUfrtibut for referendums in the past and added that a larger voter turnout would help in reg�i'cf �i t :"$.—r4 rirr::: Councilmember Awada supported vote'r'-*eWtiificift:-'sii-'i#i�'tsstis doesn't get buried along with the other Issues associated with the General Election. Councilmember Awada said that $4.6 million Is acceptable as the amount for the referendum, but does not feel that needs to be designated now and that the Task Force should continue to work on that Issue. Councilmember Wachter noted that membemsh6uid have the option of choosing whether or not they want to stay on the Task Force. CounpQn*WMb*.:A Wada concurred. Szott indicated that some members are interested in staying on, laut.tr0: gry*rWs ;* Councilmember Hunter said that Task Force members are volunteers and anyone ap-&tUM" if theyi.�re interested. Mayor Egan acknowledged Jennifer Heron and John Young and their:.groups' interests. Councilmember Awada stated in regard `t0't}million General Obligation Bonds and the election date, that a letter should be sent to owners of tht:-proposed land once the Council decides those issues. She also stated that the wording and breakdown be decided by the Council at a future Council meeting and added that the Task Force continue to meet in its expanded capacity. Attorney Sheldon that the Council is designating an election be held on November 5 in the amount of $4.6 million. He noted that once -the determing0an is made regarding acquisition and betterment, then a resolution would be:p Woffic it i g the date and added that no official action needs to be taken by the Council undE-& whole.: &' tiro is"taken. Z. Szott stated that the purposd.ij€;the Taf*.force was to market the bond for a yes vote and Identify parcels of land for dark acgtar3,:•r1iStigned,what the focus of the Task Force should be now. It was suggested they conven;#tr:;$jtlLr::;;:; Councilmember Awada moved, Councilmember Hunter seconded a motion to receive the task force report and direct the preparation of a resolution targeting November 5, 1996 for the General Election for the Paries Bond Referendum in the amount of $4.6 million. Aye: 5 Nay: 0 REZONING, PRELIMINARY Slil3 MSION, CONDkONAL USE PERMITS AND VARIANCE, ;:UNITED PARCEL $fAVICE EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 19% PAGE 16 Senior Planner Ridley gave a staf:report and discussed issues raised by the neighbors. George Chesley, representative of Chesley Frel&i'�er, stated that the information the Council received was accurate and added no additional infonTiaiibn. He stated that the operation is only a repair business and not a trucking operation. He mentiptloBd:&i:tQir::ai>?:>ility is in Roseville and that the facility in Eagan Is a small operation with only 15:eRiyr9$i::#if7#tey located in Eagan because of the large customer base. He feels traffic will be rvOyced and added that they have tried to work with residents and have made several modifications irr>jard to their concerns. He mentioned that property is for sale between their property and the res1de4, which Is also zoned Industrial. He talked about the sign and said they offered to make it smaller, lower it and reduce the time it Is lighted. Chuck Torkilson, 510 Rolling Hills Circle, spoke on behalf of the residents. He stated they do not believe hardship has been proven with regard to the variance. He also stated that no other businesses have been allowed to have:p:j�ylon sigcl::and that this Is not compatible with the area. He addressed the issue of outdoor storages; Me requ ed the Council deny this proposal due to safety concerns, poor access and added that: proxiriiiij( to an industrial area poses potential hazards. He also added that the Code states condiCftiiial use pe Its will not change or substantially diminish property values. He stated that proper v�fi yiq'tl; .be::aff�ted, since realtors use the sales price of homes within a one-mile radius. He Introclf&-6d:* iii-ea:il3tUsley's site in Eagan and in Roseville. He commented on the overstory trees that are proposed at both ends, but noted there are no trees proposed in the middle. He also stated that the overstory trees proposed only average 2 to 6 inches of growth per year. Torkilson addressed the noise problem that wouI0.ba:created and stated that a conditional use permit does not allow for excessive production of,rx4Jp:::: Hg::&lso stated their concerns regarding Increased traffic. He requested the Councik• ji: #iO:r!quest of the applicant. Chris Perry, 3296 Rolling Hills r1m.;submitted:01ctures of a truck facility showing the fence knocked down, doors open and crews worklAg air ye,liicles outside. He added that the operation was very noisy. He presented the Council with a petifii:li#t3.#y residents In the Bur Oaks and Chapel Lane neighborhoods. He referenced a letter submitted •6y:'112i1a Grabosky. He also submitted pictures showing traffic backed up off of West 77th Street at 3:30 p.m. He added that traffic is sure to increase, which poses a safety concern. Elizabeth Perry, 3298 Rolling Hills Drive, contacted the City regarding the use of the property behind her property and Chesley. She stated:Jt.s not that she doesn't want development behind her home, but she disagrees with the type i€9veiftM'i:�r•�pp;;ed. She also stated she has not seen any projected revenues for this business corie76ffi'wftlti�t?ie taxes they will pay and what they have to offer the communitysince they only AOoy 101:6. people. She added that she is also concerned about the outdoor storage of trailers " the propy with no fence proposed. She mentioned that traffic Is also a concern and that the pylon i�jr , is moAtbaptable:since all other businesses must have a monument sign. Chesley responded by saying that the trailers would be under 34 feet in length and would fit inside the building. He also added that the property will be fenced. He further added that no noise would be generated by the site. Counclimember Hunter stated 90A,V:J4-.'t4e code the three conditional use permits being requested are Incompatible use.iv#this area. �1$: Jred If redividing the 16 parcels into 2 is a subdivision Issue and does not applyi iihanging the zo i c from PD to 1-1. Ridley stated that since the property is zoned Planned Development, staff suggested,:e$ a means to update and clean up the 20- year old Gopher Eagan Planned redpment, the :applicitt rezone the property. He stated the EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 17 change In zoning does not change the configuration of the lots. Counciimember Hunter stated he does not like Planned Developments and thad# y should be cleaned up whenever possible and converted to straight zoning. He added that he Is in:avbr of changing the zoning, but noted that he's not in favor of granting the conditional use permits. Hq;asR,d:•:alxd:ie.�e City of denying a proposal based on the conditional use permits and if it would h #1 is tv:? Y 1u� the WPs or If the subdivision should be denied in its entirety. City Attorney Sheldon stated t1WUen you are dealing with uses in an 1.1 zone established by the Ordinance, conditional uses are permitted in that zone, provided they meet the conditions set forth in the Ordinance. He added that in Eagan's case, there are general conditional use permit findings that list the applicant's obligation to establish that the proposed use Is consistent with said criteria. He further added that In this case, they have mada A combined application and it's hard to separate the two. Counclimember Hunter restated that If:### reason for denial is based on denial of the conditional uses, he Is concerned about the legality of did I of th#;�bbdivislon. Sheldon referred to discussion from the residents that multiple small businesses.*ould b impre appropriate than two large businesses on these two lots. Councilmember Awada, stated-1ilhisi l t ctit # cking facility In this area. She added that she would support Councilmember Hunter's position. She further added that it is important establish rules in regard to where trucking is acceptable and that this should be done soon. Administrator Hedges said there was a motion made at the May 7 City Council meeting to direct the Advisory Planning Commission (APC) to proceed with a;atudy examining where trucking operations should be located within the City. He also added thaf::St&f Ms started an inventory of existing trucking locations and the land areas that would be..avai3 i�$ir. kiAe correct zoning for trucking. He indicated the trucking inventory could be done iri:eYi6:rie Y uture;;.but also added that more direction needs to be given to the APC regarding the detail t6 bip.l cluded I*J4 trucking study. He feels the inventory will address the issue, Councilmember Awada-:c- i rre, :19, in a timely manner. Councilmember Hunter suggested a study be completed within 3 to 4 irifth....'-wa4ntain information regarding an inventory of truck operations and a list of available parcels. He also,;sWg sted the minutes from the APC and City Council be examined every time an application is denied regarding trucking facilities and look at the reasons for denial. Councilmember Awada stated that the trucking industry needs to be informed regarding what is acceptable. Mayor Egan stated that staff had pointed out the need to do this to the City Council. Councilmember Awada stated that the most important issues are proximity to residential areas, traffic problems, noise levels and appearance. Councilmember Hunter asked: s-1 ..W.Wa^s,cantinued once is the 120 day regulation a factor. Hedges stated that the Counc� Gould ai.'i7i this Item at this meeting and send out the findings to avoid any concern about the legal.*eframe..;.., Councilmember Awada mouse# 3R: I�; Ai { tc mey's Office to prepare the Findings of Fact and deny the rezoning. Councilmemtia U -,MP -i dW:ttie fie wanted to approve the rezoning. City Attomey Sheldon asked Senior Planner Ridley what the Planned Development specifically. states. Ridley stated that the Planned Development Is a relic and that the Council should rezone the area 1-1, since that zoning is more straightforward. Councilmember Awada withdreuy:W:*I*tr�j¢t.:A* n and then moved, Councilmember Hunter seconded a motion to approve a Rezan PD to 1-1. Aye: 5 Nay: 0 Mayor Egan asked about the;.pmximity of the two sites. He was concerned about the recommendation from the APC to apj Ove this applicant' :%request. He questioned why they saw major EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 18 distinctions between Hoovestol and this:;apoicant when, in fact, they were quite similar. He further added that some of the findings regards kfoovestol would apply to this situation. He felt the Council would be making a serious mistake If dile decision made was inconsistent with the Hoovestoi application. He also stated that he Is a:t7f:>ti**:d)ftg►tpaa;between truck sales and truck operation facilities, but added there are also rnanp: "..,:ju;iiii :on to say that since the Transportation Study is not complete, R would be incoa$rgous to approve this and find out later, after the study is complete, that this is not the appropQj,-*1bcation for this type of operation. He stated that he supported the action to rezone and also'supported the action to deny the conditional use permits. Counclimember Hunter moved, Councilmember Wachter seconded a motion to deny all others with Findings of Fact to be prepared by the City Attorney's office and sent.". Aye: 5 Nay: 0 CONDITIONAL USE 11099MiT &:VIARIANCE, J.J.Y. INDUSTRIES, INC. Senior Planner Ridley gave a stW. report.:.:J'dministrator Hedges indicated time had been spent with Mr. Young deciding what the remaining issudg,-Wi ere. He added that the issue with the FCC had been resolved and a memorandum ha&: e' !? ed-', M. Cable Commission. In addition, he stated the height of the pole with an arttbAh6:iirii3'c� 6d:t 61i*;:is not an issue. He then reviewed the three remaining issues that needed to be addressed. Hedges stated the first Issue was the number of buildings to be allowed on site. He mentioned that when there Is a multi-user tower the probability of having more than one building exists. He asked if there was a way the Council could provide assurance tQ tf :zipplicant that he will not have to come back and request variances for future buildings On. i ::::H',! ges noted that John Young's suggestion was to allow for a contiguous structure, w h fOn ill or.* common brick wall, to make the buildings contiguous. The second issue he revl 46''sIn re&*d to the number of antennas that would be allowed to be placed on top of the po(e,.;Hjk:.noted tQ.: ne townhome building consisting of four units, exists now, but he added that more are a'rttiati lid #ti.4he future. He added that the concern was for the aesthetics and questioned how many antennas ai•e 3oj�:tri; He also added that the with the multi-user concept, it Is difficult to limit the number of poles and tfiallt* idea is to have one pole with several antennas. The third issue related to the billboard and If it would have to come down as a result of the pole being constructed along with a corresponding building for antenna use, since the ordinance only allows for one principal business use on site, unless application for a variance is made. He explained that the Council could address both variances for the pole and the billboard at tonight's meeting. John Young, President J.J.Y.:lrig,. IttC:Fedi 'ssed the Council and showed them the third and final plan as proposed. He *Wd thaf:3Fl:t Bard .to .setbacks, If the pole were to fall from the base, it would fall within right-of-way A'would hit approach the shoulder of the highway. He mentioned that he has had numerous.V4cussior#..%VIth staff and that they suggested using the same brick face as is used on the U.S. Wesi< �iuilcj r .:; .addressed the issue of the number of buildings that would be allowed on site. He discus##:thre slii(i ptnpt and explained how difficult h would be to secure a user to build the entire building *and that', i:�:Y:'can't afford the front-end costs themselves. His proposal is to allow a contiguous structure to be built with each new user. He added,that modular units can be brought in for this purpose and that between the units a fence wall could be built with different colored brick. He also added that the theory is to have the three different structures total up to 70 feet in length. He feels this type of cogttrucxure could be done in phases and could also be sold in the market place. He went on to state that If therwas only one slit facility, concerns about control would certainly arise. He noted that a contlWmus structure would -eliminate this concern since the user would have complete control. He then talk t#3:about.the,alltpu!�t. `ntennas and signal Interference. He stated EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 19% PAGE 19 that the Planning Commission had accepted the wording from Meredith Cable, but after further review, his consultant told him not to agree whifft wording because no one would sign a lease. He added that the final wording has been workedout and that it is similar to the language of AT&T. He further went on to say that Meredith Cable wa0JW:,. -U':k# :lc> Writing when a new frequency would be broadcast. He mentioned that Meredith C i4i f :l il:�. :groups of antennas worked against the multl-user concept and that the numbeF ;$hould be left open. He addressed the Issue regardli6 the billboard. He stated that this site Is for non -habitable purposes and only for equipment use. In addition, he added the site is non -intrusive and that this will not be the end use of the property, since other property may be developed there. As a footnote, he added that the Council had previously, unanimously approved the billboard. He noted there are only Eagan businesses on the billboard. Councilmember Wachter quest ilaed the- ft.nning Commission's eight conditions and asked if the action regarding the billboard was:..Vional. Sehior Planner Ridley said that the City Attorney stated since it Is an ordinance requirement In,the, S!.gn:Cocie, it was not a requirement that it be listed as a condition, so it was dropped, although;tii3;:ret>4?;tF.iS::sit#;a requirement as a Code item. Councilmember Awada asked If a variance would be needed to keep the current billboard. Ridley stated that a variance would be needed. Councllmember Hunter asked 0 variances required notification be sent to the public. City Attorney Sheldon stated that since the blllbostrct.Sign is part of the Sign Ordinance, not the Zoning Code, the Council had the authority to do -a i t .V al ts. Hedges added that the Item relating to the billboard could be acted on at tonigF�t'st3i+�Yi::Cincilmember Hunter was concerned that they may be opening themselves up to crifli iarw,--si.hce ther. s been widespread opposition to billboards in the past. He felt that approving this variact*.An.the pest was a special case for the purpose of Improving the visibility for the Cedarvale aeM;:::*Ji0:( ;:that the variance should be granted. Councilmember Masin said she felt the bill board'Is:iasightly, as well as the building and pole. She stated this would be very visible and would create major problems. She noted that the concerns of the Cable Commission have to be taken seriously. She added that she is not in flavor of the proposal and feels a better site could be found. Counclimember Wachter concurred. Councilmember Hunter stated Meredith Cable does not have a problem with the proposal based on their revised letter. Councilmember Awada stated that as lQp9: :Meredith.Qg1* Is properly notified, they will accept the proposal. Councilmember Hunter movdd,**'Councilikber Awada seconded a motion to approve a Conditional Use Permit to allow a mole commnication tower for an unplatted parcel of property located west of Old Sibley Nlemorlalg1 tYlW.;A,,f:;-st ;cl. ylghway 13 in the SW 1/4 of Section 19 subject to the 8 conditions recomm4&.*by:: ; anning Commission as follows: 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 Peat, jOqtft a 100' tall multi-user communication monopole and equipment building;;:;:::;:::: 3. A building permit shalf''6e obtained for t"rection of the monopole and equipment building'. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 20 4. The 20' wide access dri :.4nd vehicle tum around shall be surfaced with bituminous or concrete. 5. No more than 25% of tij i8j t ttiW##iWerior shall be metal. 6. The color of the tower s1! be a tight blue or light grey color scheme. 7. 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. 8. Prior to the transmiss1*0 any nPw frequencies from the monopole communications tower located at 4101 :Sibley Wnorial Highway, the applicant will notify Meredith Cable, in writing of sucfi<tansmis¢hs. In addition, the applicant will follow all FCC rules, regulations and pi tocol w*:�espect to frequency interference. Aye: 3 Nay: 2 (Masin, Wachter) Councilmember Hunter moved, Councilmember Awada seconded a motion to approve 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 recomm9nded by the Advisory Commission as follows: 1. All overhead utility line$tia:s}iatF:�e burled in accordance with City Code Chapter 4.50, Subd. Br 2. The applicant shall provide ttie'C# i'w tation, from a registered structural engineer, confirming the structural inf9* d ty:iJ:ihe proposed monopole. The documentation shall be submitted with the building permit application. Aye: 3 Nay: 2 (Masin, Wachter) Councilmember Hunter moved, Councilmember Awada seconded a motion to approve a variance to allow the billboard to remain,:•; 6*:";$ Nay; �:?(f; sin, Wachter) Counciimember Masin reiterate:her con"Tis with the billboard, the building and placement of the pole. CONDITIONAL;Fdll;:;1158cINIRELESS SERVICES Senior Planner Ridley gave a staff report. Peter Beck, a representative of AT&T Wireless Services, stated they were in agreement with all the conditions. Councilmember Awada moved, Counpilmornber Hunter seconded a motion to approve a Conditional Use Permit to allow a monop�$:gi�#Kit�ii tion tower on an unplatted parcel of property located west of Old Highway 13 and eat: ¢f'thid SilifY:orial Highway in the SW 1/4 of Section 19 subject to the 10 conditions recommOW by the Advisi]t lanning Commission as follows: 1. The Conditional Use r7„4 shall be record at Dakota County within 60 days of City Council approval witfi::li"ipt: ;ba:4ft0:ni>Ey;:;:;;: EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 21 2. The Conditional Use PQiht provides for an eighty-five (85) foot tall communication -X-N monopole and a 336 SR* equipment building. No equipment or antennas may be excess of 90 feet. 3. A building permit shall I btained 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 ft..equipment building exterior shall be metal. 6. The color of the tower 1&11 be ot color scheme to be similar to MnDOT light poles. 7. A landscape plan shall."061--# :.prior to Issuance of a building permit. The landscape plan sh0*9*Ad'W*' s fc i9rit a'An'ing 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 fol0'. ...w. -FC rules ;.-.iegulatlons and protocol with respect to frequency Interference. Aye: 5 Nay: 0 pi; s ....... ... 0. 0.- � .. V.. -t ...... N . . pqArW1N.:W.1PQ. -... R' I Administrator Hedges and Councilmembers congratulated Mayor Egan on his recent election as President of the AMM. Counclimember Masin asked about the MVTA Levy. Hedges apologized for the lack of Inclusion of Information In the Infopmglye Memo... He. added that it Is scheduled for the June 18 . City Council meeting and will be sent "M -cot With the next Informational Memo. .......... . VA Counclimember Awada movddi.'--QqwqI1,00nber Wachter seconded a motion to set a special work session on June 18, June 25 aro., ye: 6 Nay: 0 A . wwo Administrator Hedges discussed the survey topic areas prepared by the Wallace Group. He asked that the proposed questions/topics be returned as soon as possible. Hedges read a letter from a reS ideplfhpft�f.those involved with the pickup of the storm debris. Councilmember Hunter stated-iQ staff should re ice residents regarding Mallard Park 2nd Addition. Director of Public Works Qqftert expressed his eQncerned with explaining the renotice and the reason for a new hearing due to a teWical defect. stated a letter will be sent with the notice explaining the reason. ..... ..... EAGAN CITY COUNCIL MEETING MINUTES; JUNE 4, 1996 PAGE 22 Councilmember Hunter moved, 6. dtincilmember Wachter seconded a motion to set the public hearing date for Mallard Park 2nd Addition 'dn July 2. Aye: 5 Nay: 0 ,ter, .... . Director of Public Works Colberzi�iologized for not sending out the feasibility report in the regular packet. He distributed copies to Rls Council. Administrator Hedges stated his concerns regarding the Open issues Forum regarding the ability to address all the people scheduled to attend the June 25 Special Council meeting. Councilmembers Indicated they preferred this Item be held -on June 25 at 5:00 p.m. Councilmember Wachter raised" Issue # i BART Transit having more than ten trucks lined up for sale. He felt they need to be held aeountable*46d should be checked up on. Councilmember Masin meniiolt if: s# i iµr t:>;p t e:lgarden and saw Yankee Doodle and Uncle Sam roses and thought It would beta ............ o :tisk tfitl: ifir:#►e promenade. She also mentioned that she will be receiving Information on voter link, which will identify ways of getting people to vote via the computer and could also be used to conduct surveys. Councilmember Hunter presented an update of the open issues list. He also asked for a clarification on Larry Popler's concerns regarding landscaping .on Pilot Knob Road and Diffley. Administrator Hedges noted that a response will be.se.:10 tirh Ci R$TER Councilmember Wachter moved, Flfi yiaT100-..40conded a motion to approve the check register dated May 31, 1996 In the amount of $2,016,514.28 icy :; ; ,;:.May: 0 ADJOURNMENT The meeting adjourned at 12:10 a.m. Date City Clerk !f you need these minutes In an alternative form such as large print,' brallie, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan Is committed to the :*g,:Pd have equal access to its programs, .00 services, activities, facilities and emnt without reoft, to race, color, creed, religion, national origin, sex, disability, age, marital status' or status with reghrO to public assistance. MLK MINUTES OF.A ,S•PE,C1At .M.9ETING OF THE E,kk��A31T::��x::i... #M?"'***'*" �:�'i��,•sFg'irrii' �lirliririelofa' ::: ..-.....June 4, 1998 A Special workshop meeting of 11ie ig G'ili iCouncil was held on June 4, 1996 at 5:00 p.m. Present were Mayor Tom Egan and City Counalmerilbers fat Awada, Shawn Hunter, Sandy Masin and Ted Wachter. Also present were Finance Director VanOverbeke, Parks & Recreation Director Vraa and City Administrator Hedges. FISH LAKE CHEMICAL;f?R4EEIP4TAN.7.04)$ING PROPOSAL r. Water Resources Coordinator Bre sctii 4Vii iWid ii wAagnostic feasibility study for Fish Lake which is a strategy designed to reduce phosphorous lisaings to ft -lake in order to improve water quality. In addition to reviewing the major findings of the study, Mit:15rasch igMed two immediate issues associated with the Fish Lake dosing station. He stated .that,e:iftipal re, if�tory issues related to the water quality standards were aluminum. He further discus�e ti:propbW. 1*0k of alum injection necessary to treat the water for an adequate aluminum level. ' Mr. Brasch explained another option is to request that the Minnesota Pollution Control Agency change the aluminum standard that applies to Pond JP -47 and Fish Lake. He further stated that it is uncertain whether MPC would revise the aluminum standard. He further commented that another related regulatory issue is whether the accumulation of floc in Pond JP -4.7 would require mitigation. His suggestion regarding this issue was submittal of a concrete proposal in the:-'f0rrg: o�::.permit application to the MPCA. Mr. Bresch further discussed the:.cost%flh6t;_6W:issues and project options by presenting four alternatives. Mr. Brasch stated the first altemativovolves thb .yse:bf alum alone and assumes excavation and use upon Pond JP -47 for the primary floc settling basirV:: f%.' ..*%'oAed that alternative two is the same as the first alternative, except that a coagulant aid.is..feiddi} :f6.J' prove settling of alum floc and removal of aluminum prior to discharge to f=ish Lake. He stated:lh#4ltenative three assumes that an upland pond is constructed on vacant land to the east of Pond JP -47. Mr: Brasch offered a flnal alternative which is the same as alternative three but includes the coagulant aid, which again increases both the capital costs and annual O&M costs. After receiving comments from Steve Thompson, a member of the natural resources subcommittee of the APRNRC which supports the altematives and recommendation presented by Water Quality Resources Coordinator Brasch, the City Co�trci>idisiisJ:pred strategy. After further discussion by the City CocjRcil, theremas a consensus based on the presentation, that consideration be given at the June 4 regular Citi.:Cbund ri ling to approve and execute a Minnesota Clean Water Partnership Project implementation loarf. . greemerit and the necessary resolutions for the Fish Lake Phase 11 Implementation Project. In summary, Water Quality Resources Coordinator Brasch reminded the City Council that the City was awarded a $152,857 zero interest loan to finance design and construction of a system to remove phosphorous from inflows to Fish Lake using a chemical precipitant. He further stated that the Minnesota PCA has indicated the City must execute the loan agreement by July 1:,:.1996 or the loan offer will be rescinded. City Councilmember Masin expressed some concerns about adding cVei,:n'icals and their impact on the water quality. Rlfii<# #il£fiLROpEiTY City Administrator Hedges stated that staff we�::given direction at the May 20 City Council meeting to retain a realtor to negotiate the Richard Holz property, determine whether the parcel can be Page 21EAGAN SPECIAL CITY COUNCIL June 4, 1996 subdivided and prepare a financial analysis 0; the purchase pro,, subdivision costs and sale price if the buildings are to be sold and moved from the b;iW-•, Director of P�&-& Recreation Vraa reviewed options that range from acquiring the entire parcel, proposinacquisition g: of the a*W .w :> �ji�i en the Richard Holz property and a portion of Holz Farm Park and, finally, s y cq tlj xi j Fo Y-owned by Roger Weierke to provide additional land to the existing 16 foot wide easement that exists on the west side of the Richard Holz property. The Director of Parks & Recreation provided a photo board that shows the parcel and existing conditions. City Councilmember Wachter stated that he Is in support of buying the entire 1.14 acres from Richard Holz. He stated that the property wogl;..O.MYW g taettet..4p.mss to Holz Farm Park, provide land area for a parking lot and provide the City a rental propaltj7:v,�it#j:'itiitii:-:tlylopment options if the house and garage are to be sold in future years. City Councilmember::iWade stater that access is the main issue, not the o acquis n of additional property and proposed that ii a City coi'it8ot Roger Weierke, the adjacent property owner, and propose to purchase 20 feet of property at3ent to ttit�;:City's 16 foot roadway access. Michael Vincent, a member:ipf:#�i -:A0RWd- ,:;jsiied if the City could purchase the property, prepare the necessary easements for roadway and access`iririd a parking lot, and later sell the property as suggested by City Councilmember Wachter. Lee Markel[ appeared, representing the Holz Farm task force, and stated that the task force is highly recommending the City acquire the Richard Holz property. City Councilmember Hunter stated that access has been the main issue and agreed with City Councilmember Awada that every alternative should be considered for the purpose of acquiring the necessary property for roadway access and could not support the acquisiti6i:-Iot.4he entire Richard Holz property at a cost of approximately $130,000 for 1.14 acres. Mayor Egan also stated that the::issue 'is 1weoets; not acquisition. He stated that he would agree to acquiring the necessary property for rig6pf-way, .bit: ;tsclt-1pr expanding the land area of Holz Farm Park. City Councilmember Wachter again presenia;i;a�R;ar:'gUMeni-fbr the acquisition of the entire Richard Holz parcel, stating that the City would not regret;o"ii%perty for future uses as Holz Farm Park continues to develop in future years. City Councilmember Masin stated that the existing parking lot is not acceptable at Holz Farm Park. She expressed a desire to acquire the entire Richard Holz property for the reasons stated by Councilmember Wachter at a cost of $120,000, which is an approximate mid-point between the City's appraised value and a counteroffer by Richard Holz. Mayor Egan indicated there rs a matotify'-coi'iiih us, which will be ratified as a part of the Consent Agenda at the June 4 regular City Council ri"fing. W:Administrator Hedges stated that it is his understanding that the majority consensus includes 16.::City neptating approximately 20 feet of land from Roger Weierke for roadway access or negotiating thdAWnimum:mi}dway access from Richard Holz. A third alternative would be to negotiate Concept A, which is a )arid swap':* a portion of the existing Holz Farm Park, with Richard Holz. Mayor Egan acknowledged that these three alternatives are, in fact, the majority consensus for staff direction. ACC CONTRACT/SECOND ICE SHEET City Administrator Hedges stated that, in respo40* to the City Council direction at the May 20 meeting, the Director of Parks & Recreation has prQvided a copj"6fi a pro forma that addresses the projected budget for the Eagan Civic Arena second 10':*":* W-0 is of the ice arena gross revenue bonds. City Councilmember Hunter commented on''doe:1Mft'eiialM'; 4ikMt questions reldtive to the data provided by Springsted. Page WEAGAN SPECIAL CITY COUNCIL Iu �T1Al!*a::: .::.; :.:•:::::. June 4, 1996 City Coundlmembers were aW:edative of the intgnption and Mayor Egan acknowledged that .da this item would also appear on the Consent A for the June:4-iji gular City Council meeting. OUTDOOR W'SYSTEM Chief of Police Geagan and Administrative Assistant Southom appeared and discussed the need to provide enhancements to the existing outdoor warning siren system and further provided a history on the system, explaining how locations were selected, the fact that all the sirens are powered by electricity and that four additional siren sites have been.: i "Mft1:: ii0- yglf:;provide optimum coverage for the City. Particularly, the outside activity areas and the sirens were Installed in 1982 were addressed. Administrative Assistant Southom staQ!hat the *"a to be installed in the four recommended sites are battery operated with built-in chargir. g ss�vide the redundancy necessary to ensure warning under any situation. He stated that ip: ptder to ao fi additional four sirens as battery operated sirens, the cost is estimated at approximately $60,000. City'administrator Hedges stated that this amount is not budgeted in the operating or capital budget for 1996 and recommended either the City's fund balance or contingency budget if the City Council proceeds with the outdoor warning siren enhancement program. After discussion, there was concurrence by the City Council that the four additional sites are necessary and the City should proceed witli.: tiejbattery operated option. Mayor Egan stated that the May 19 storm helped bring this issue to the attentiofi•:ii :6 ;tba ,Police Department and City Council and agreed that the sirens should be acquired as an emergency ekpetii .....;::::Me. further stated that the item would be placed on the Consent Agenda for the June 4 regular CiV:.,Pouncif t kn**g._ OT There were no additional biilless items presented. ADJOURNMENT The meeting adjourned at 6:30 p.m. Date City Clerk TLH Agenda Information Memo June 18, 1996 Eagan City Council Meeting IWOM" 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. & PERSONNEL ITEMS Item 1. Combination Building Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as a Combination Building Inspector. FACTS: Interviews will be held on Monday, June 17, 1996, for the vacant position of Combination Building Inspector. Hopefully, a name will be able to be furnished to the Council as recommended for hire at the June 11 Council meeting. Item 2. Temporary Part-time Recycling Intern -- ACTION TO BE CONSIDERED: To approve the hiring of Brian Distad as a temporary part-time Recycling Intern. Item 3. Temporary Part-time MIS Technician -- ACTION TO BE CONSIDERED: To approve the hiring of Teresa Pojman as a temporary part-time MIS Technician. Item 4. Reclassification/Seasonal Part-time Preschool Instructor -- ACTION TO BE CONSIDERED: To reclassify the two part-time seasonal pre-school instructor positions to the status of part-time regular positions. I%I Agenda Information Memo June 18, 1996 Eagan City Council Meeting FACTS: The Department of Parks and Recreation began offering activities for preschool age children in 1978. Since that time, the number of participants in programs has grown significantly. The City has been running regular Tiny Tots programs during three seasons of the year: fall, winter and spring. However, that program has now been expanded to operate year round. The programs are taught by degreed instructors. It is the recommendation of Director of Parks and Recreation Vraa and Superintendent of Recreation Peterson that the positions be reclassified from part-time temporary to part-time regular. It is the opinion of City Administrator Hedges and Assistant to the City Administrator Duffy that this reclassification would be appropriate. The salary amount will not change. However, part-time regular employees are eligible for benefits such as sick leave, vacation, etc., on a pro -rated basis. The Department of Parks and Recreation does have money in its 1996 budget to cover the additional expense. Item 5. Contract/Electrical Inspections -- ACTION TO BE CONSIDERED: To approve contracting with Rick Bradley on a temporary basis through December, 1996, to perform the City's required electrical inspections. FACTS: The City has been contracting with Bill Aikins to provide electrical inspection service since 1977. Mr. Aikins is now planning to retire. The Protective Inspections Division will make a detailed study as to the most efficient and economical way to provide electrical inspection services beginning in 1997, during the remainder of 1996. It is the recommendation of Chief Building Official Reid that the City contract with Bill Aikin's assistant, Rick Bradley, through December of 1996 in order to complete the study. Item 6. Seasonal Ballfield Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of Ian O'Loughlin as a seasonal ballfield attendant. Item 7. Seasonal Parks/Forestry Technician -- ACTION TO BE CONSIDERED: To approve the hiring of Michael Wallis as a seasonal Parks/Forestry Technician. Agenda Information Memo June 18, 1996 Eagan City Council Meeting Item S. Seasonal Utility Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Eric Bergh, Carrie Ann Gangl and Michael Gust as seasonal Utility Maintenance Workers. Item 9. Seasonal Park Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Nova Butor and Matt Hanson as seasonal Park Maintenance Workers. Item 10. Seasonal Softball Camp Instructors -- ACTION TO BE CONSIDERED: To approve the hiring of Kathy Fletcher and Sandra Hillyer as seasonal Softball Camp Instructors. Item 11. Seasonal Part-time Recreation Assistants -- ACTION TO BE CONSIDERED: To approve the hiring of Jill Andrew and Kim Moen as seasonal part-time Recreation Assistants. Item 12. Seasonal Part-time Recreation Leader -- ACTION TO BE CONSIDERED: To approve the hiring of Lisa Heine as a seasonal part-time Recreation Leader. Item 13. Seasonal Part-time Preschool Leader -- ACTION TO BE CONSIDERED: To approve the hiring of Lynne Hockford as a seasonal part -rime Preschool Leader. Item 14. Seasonal Part-time Tennis Instructors -- ACTION TO BE CONSIDERED: To approve the hiring of Kerri Bonlender, John Hayden, and Lisa Hayden as seasonal part-time Tennis Instructors. 7 Agenda Information Memo June 18, 1996 Eagan City Council Meeting Item 15. Retirement/Clerical Tech II/Central Services Maintenance -- ACTION TO BE CONSIDERED: To accept the resignation from Bette Parks, Clerical Tech H, Central Services Maintenance, who is retiring. B. MASSAGE THERAPY LICENSE FOR MICHAEL PERSING TO PRACTICE AT WASTL CHIROPRACTIC. 1340 DUCKWOOD DRIVE ACTION TO BE CONSIDERED: To approve a massage therapy license for Michael Persing to practice at Wastl Chiropractic Clinic as presented. FACTS: • This item was previously continued by the City Council to permit Mr. Persing to provide information concerning his certification to practice therapeutic massage. Information in that regard was presented to the Council at its meeting of June 4. Staff and the Police Department have reviewed this information and find it to be in order. As a consequence, there is no reason identified to deny this license. ATTACHMENTS: . Application materials were previously distributed to the City Council. t C) Agenda Information Memo June 18, 1996 I t i ►1: ': u 1�/_ 10 31 Z's 0 ACTIONS TO BE CONSIDERED: ► To approve a resolution Subdivision, Conditional facility including outdoor Yankee Doodle Road. FACTS: denying a request by Chesley Freightliner for a Preliminary Use Permits and Variance to allow a truck sales and service storage on property located east of Hwy. 149 and south of ► The City Council reviewed Chesley Freightliner's request for a preliminary subdivision, three conditional use permits and a variance at its regular meeting on June 4, 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 and incompatibility of the proposed use with nearby residential development. The City Council directed staff to prepare findings. ATTACHMENTS: Findings of Fact, Conclusions, and Resolution, pages IA— through a. 06/13/96 6123363885 17:11 FAEGRE AND BENSON 4 681 4694 June 13, 1996 Eagan City Council c/o Mike Ridley, Senior Planner 3830 Pilot Knob Road Eagan, MN 55122 Re: United Parcel Service, Inc. Subdivision Dear City Council. NO. 622 BY TELECOPY Minneagen Real Estate Company ("UPS") hereby requests the Eagan City Council reconsider a portion of its decision reached in its meeting of lune 4, 1996. UPS specifically requests reconsideration of the denial of the Preliminary Subdivision (the "UPS Second Addition"). UPS requests the opportunity to address the Council regarding any concerns the council may have with regards to the UPS Second Addition. In addition, UPS requests the opportunity to address the Council in greater detail with respect to the following considerations which make the proposed subdivision a desirable course of action: 1. Lots 12 through 16 are currently owned by a single owner who intends to develop its property as a single use property, 2. There exists on portions of Lots 7 through 11 an excavated hole which make the lots unmarketable to anyone other than the owner of Lots 12 through 16 as part of the proposed subdivision, 3. The owner of Lots 12 through 16 is willing to purchase the additional property which would be created on the westerly portion of the new subdivision, 4. The County has recommended a single curbcut on Yankee Doodle Road in that location, which would more appropriately serve two lots; 5. The concerns raised at the May 9, l 996, work session of the Advisory Planning Commission centered around the Chesley Freightliner development proposal and not the proposed subdivision (see May 23, 1996, Memo from Pamela Dudziak, Associatc Planner to Mark Miller, Chair, and Advisory Planning Commission Members); and I a E. 6123363885 06/13/96 17:11 FAEGRE AND BENSON - 681 4694 NO.822 D03 June 13, 1996 Page 2 6. The Advisory Planning Commission, after receiving considerable input, recommended the requested subdivision. Thank you for considering this matter. We look forward to the opportuiuty to discuss these issues further. If you have questions or concerns, we would be happy to address them M1.0147643.01 Sincerely, MINNEAGEN REAL ESTATE COMPANY By.��. Its ire 001, j 3 BEFORE THE CITY COUNCII. CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Petition of Chesley Freightliner for a Preliminary Subdivision (UPS Second Addition); a Conditional Use Permit for outdoor storage on proposed Lot 1 of Second FINDINGS OF FACT Addition; a Conditional Use for Permit for truck sales and CONCLUSIONS AND service on proposed Lot 1 of Second Addition; and a AND RESOLUTION Conditional Use Permit for a pylon sign on proposed Lot 1 of Second Addition; and a Variance of 18 feet to the required 100 -foot setback, all located on the east side of Trunk Highway 149 in the Northeast Quarter of Section 13. 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 Chesley Freightliner for a Preliminary Subdivision (UPS Second Addition) and Conditional Use Permits: (1) to allow a truck sales and service facility; (2) to allow a pylon sign; and (3) a variance to reduce the setback from 100 feet to 80 feet. 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. As a result, the Advisory Planning Commission continued the Public Hearing to Tuesday, May 28, 1996. At that time, the Applicant's representative appeared and spoke in favor of the request. In addition, the Council received and considered staff and citizen input, planning reports and other background information. Following the Public Hearing, the Advisory Planning Commission voted to recommend the Petitioner's requests (by varying votes). The matter then came before the Eagan City Council at its June 4, 1996 meeting. The Council received, considered and discussed the May 28, 1996 Advisory Planning Commission recommendation, input from staff, residents and the planning reports, together with all existing files, records, prior proceedings and the input of the Applicant's representative and others at the Council meeting. Based upon all of the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: FINDINGS OF FACT 1. This matter is properly before the Eagan City Council - 2. This property takes its access toYankee Doodle Road and then its sole access to Trunk Highway 149. 3. Trunk Highway 149 has had increasing amounts oftraffic such that at high volume times (rush hours), left turns onto Highway 149 from Chapel Lane and Rolling Frills Drive are nearly impossible and right turns can only be made with extreme caution. 4. Truck traffic has increased in the last 5 years. 5. There are numerous facilities within close proximity of the Applicant's proposal which generate significant truck traffic. 6. Trunk Highway 149 has one traffic lane in each direction. Adding additional truck traffic from this location would cause a significant safety issue. 7. Trunk Highway 149 needs to be improved to allow safe truck access to and from this site from Trunk Highway 149. S. Pictures provided by residents and other information has indicated a significant overuse of Trunk Highway 149 by vehicular traffic, especially at rush hours. 9. The proposed operations would generate offensive diesel smells and omissions to the neighboring residential areas. Js 10. The addition of the Applicant's facility would have a significant impact in reducing the property values in the adjacent residential areas. 11. Noise from the facility will migrate to the adjacent residential areas and have a negative impact on them. 12. Outdoor storage to allow up to 83 vehicles at one time to be stored outside of the building on the site. 13. Outdoor storage could significantly reduce access to emergency vehicles to the eastern part of the property. 14. The existing sub -division encourages the development of "like" businesses within the area as those that are currently existing within the area. 15. Development of such "like" businesses would be more compatible with the area. CONCLUSIONS 1. This matter is properly before the Eagan City Council. 2. The applicant has the burden of persuasion to establish compliance with all City Code provisions and requirements. 3. The existing plat fosters establishment of businesses similar to those situated in the area and those in keeping with the expectation of the adjacent neighborhoods. 4. Additional truck traffic and applicant's intended uses will significantly increase safety issues on Trunk I-fighway 149. 5. Noise, lighting, and smells will migrate to the adjacent residential areas. These effects will not be harmonious with the adjacent residential neighborhoods. As a result, applicant's proposal will tend to lower the property values and change the existing character of the adjacent residential neighborhoods. 6. Outdoor storage of trucks and trailers may reduce access to the eastern side of the property for essential public services. 7. Approval of the applications will not enhance the City's goals under its Comprehensive Guide Plan. 3 16 8. The proposal will create traffic congestion and interfere with the traffic on the surrounding public streets. 9. There has been no establishment of a hardship shown to ,justify the requested variance. 10. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that the approval of the Preliminary Subdivision, the two 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; a Conditional Use Permit (1) to allow a truck sales and services; (2) to allow a pylon sign; and (3) a variance from the 100 foot setback are hereby denied. Dated at Eagan, Minnesota this day of , 1996. CITY OF EAGAN By: Thomas A. Egan Its Mayor By: E.G. VanOverbeke Its City Clerk Drafted by: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (612) 432-3136 File No. 206-4769 JFS/skr 4 Agenda Information Memo June 18, 1996 D. VACATE PUBLIC RIGHT-OF-WAY YANKEE CT & KUTOFF DR ACTION FOR COUNCH, CONSIDERATION: To deny the vacation of public right-of-way for Yankee Court and Kutoff Drive. FACTS: On May 7, the City Council received a petition requesting that Yankee 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 subsequently scheduled a public hearing for June 4 to formally present and discuss the merits of this request. At the June 4 public hearing, the City Council closed the public hearing but continued consideration of the request until action had been taken on the preliminary plat for the UPS 2nd Addition. At the same June 4 meeting, the City Council subsequently denied the preliminary plat for the UPS 2nd Addition. With this denial, it is no longer appropriate for the public right-of-way for Yankee Court and Kutoff Drive to be vacated. 0 CITY COUNCIL MEETING June 18, 1996 CONSENT AGENDA To award refuse and recycling contract to Aagard, Inc. for Eagan City facilities. • Specifications for refuse and recycling pick up for City facilities were formally bid. • Sites included Eagan Municipal Center, Civic Arena, Fire Administration, fire stations and Maintenance Facility. • Seven contractors provided written responses to the proposal. • The specifications allow the city to increase/decrease size of containers and frequency of pick-up. BIDDERS: The following bids represent a summarized monthly rate: Aagard, Inc. $ 789.99/month Aspen 1,162.87/month Haul tech 1,177.37/month Knutson 1,259.87/month Waste Management 1,270.33/month Quality Waste 1,298.42/month B. F.I . 1,574.39/month 0\648mbid k0i Agenda Information Memo June 18, 1996 Eagan City Council Meeting F. RECOMMENDATION/AIRPORT RELATIONS COMMISSION NOISE ABATEMENT DEPARTURE PROFILES ACTION TO BE CONSIDERED: To adopt a recommendation by the Airport Relations Commission to support implementation of the close -in noise abatement departure profile for operations southeast of Minneapolis/St. Paul International Airport. FACTS: The FAA has required that airlines develop two departure profiles for each type of aircraft and that airports identify which of these profiles they would prefer be flown from each runway at their facility. The different departure profiles result in different noise levels at different points along the ground. The MAC has analyzed these procedures and MASAC will consider a recommendation at its meeting of June 25. The distant procedure developed by Northwest Airlines is the same as the standard procedure they have flown for many years. The close -in procedure utilizes different thrust settings, flap settings and angle of climb to reduce impacts on neighborhoods closest to the airport. Despite small difference in the noise impact of populations for each procedure, the Airport Relations Commission is recommending that the City request implementation of the close - in procedure southeast of the airport as a basis of comparison against historic experience with the distant procedure. Because the impact numbers are not significantly different in Eagan's case, the commission believes there may be some reduction in single event noise levels in down range neighborhoods and under certain circumstances aircraft would be higher sooner than would be the case with the distant procedure. ISSUES: While the MAC analysis shows that the distant procedure has marginally less population impact than the close -in procedure, the commission believes that it is worth implementing and analyzing the close -in procedure. Because of this marginal difference, the City's recommendation would be different than that of the Metropolitan Airports Commission and probably will be different than other cities southeast of the airport. ATTACHMENTS: Staff memorandum on pagesd t throughC%K MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 199 1996 SUBJECT: ARC RECOMMENDATION - NOISE ABATEMENT DEPARTURE PROFILES At its meeting of May 11, the Eagan Airport Relations Commission reviewed MAC's analysis of two alternative noise abatement departure profiles (NADP). The Commission is recommending that the City support implementation of the Close -In departure procedure southeast of the airport. The Metropolitan Aircraft Sound Abatement Council will be considering a recommendation to the MAC on this item at its meeting of June 25. Background In the past, airports around the United States have implemented a variety of departure profiles to attempt to limit noise impacts on adjoining neighborhoods. Departure profiles are the thrust settings, angle of climb and flap settings which determine how quickly an airplane will gain altitude and how much noise will be experienced on the ground. Due to airline and pilot concern about the relative safety of the variety of procedures, the Federal Aviation Administration moved to standardize procedures around the country. The FAA issued a requirement that each airline develop two procedures for each type of aircraft. One procedure would be intended to reduce noise impacts in neighborhoods close to an airport and the other would limit noise impacts in neighborhoods more distant from an airport. The distant procedure developed by Northwest is identical to the departure procedure the company currently flies. That is, to say, the distant procedure would be no change from past experience. AnaLysis The MAC analysis suggests that the population differences between the alternatives is minor. Southeast of the airport, the results are mixed. Eagan sees a slight increase in residents in the 65 DNL contour under the close -in procedure while Mendota Heights sees a somewhat larger decrease. At 60 DNL, Eagan sees no change while Mendota Heights and Inver Grove Heights see a sizable increase. To the northwest, where the neighborhoods are closer to the runway end, the reductions in the higher noise contours are significant. a( The MAC staff is recommending the close -in procedure be implemented northwest of the airport and that the distant procedure be maintained on all other sides of the airport. The Airport Relations Commission is recommending that the Close -In procedure be implemented and analyzed because we have a long history of experience with the Distant Procedure and the City should try the alternative and the MAC's population impact analysis does not show significant differences between the alternatives. Further, the Commission believes there may be a reduction in the worst of the single event noise levels and aircraft could reach higher altitudes sooner. While the MAC is intent upon implementing a profile and is opposed to testing procedures, the NADP for a particular side of the airport can be reviewed periodically and additional input from the affected cities would be considered. ACTION REQUESTED OF THE COUNCIL: To approve a recommendation by the Airport Relations Commission to support implementation of the Close -in departure procedure for areas southeast of the airport. Assis a t to the City Administrator a� MSP -1994 POPULATION COUNTS (DISTANT DEPARTURE PROCEDURES) MSP -1994 POPULATION COUNTS (CLOSE -1N DEPARTURE PROCEDURES WITH IDENTICAL FIRST SEGMENT) Junsd.ct o.. Contour DNL60 Mmmaponf - �� Nonh Richfiied South Richfield 3275 Fort Snelling 0 Bloorrenglon 5660 Inver Grove Heights 2St0 Vandals Merghtf ty,C Burnsville 0 SI.Piui Eagan 2;a Tour I: E75 1 MSP -1994 POPULATION COUNTS (COMBINATION DEPARTURE PROCEDURES WITH IDENTICAL FIRST SEGMENT) (CLOSE -IN DEPARTURE OFF OF RUNWAYSZIL 821R, DISTANT DEPARTURE OFF ALL OTHER RUNWAYS) JunsolcAa9 contour ,I I Minneapolis Hann Riehfiled South Richfield Fort Snelling Bloonungton Inver Grove Heights Mendota Height Burnsville St Paul Eagan Tour c 0 .dq*— 2 a�{ u O Y.e �-e_Wr.••n�. •etClC Agenda Information Memo June 18,1996 Eagan City Council Meeting G. FINAL SUBDIVISION - CENTEX VERA RLION 2ND ADDITION (C NT X ACTION TO BE CONSIDERED To approve or deny a Final Subdivision for the Centex Vermilion 2nd Addition located east of Highway 13 and south of Robin Lane. FACTS Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS (1) Final Plat Maps, pages �ougl�. F— x W -as �R �lirtll• sic = k e I •y � 3f6 O 7. -s.� !� •-----+owl--l;i:ss.Ts: --- .� ' Y ae O ti ` to Z -1_ !1 Lr��•�;_1_ III i ' i }} .rf } -as rah - .�__...._--__-----5-----•. 8.: �i -0001>11VOL A 1/1� • r ,rl='' �lirtll• sic 7. -s.� !� •-----+owl--l;i:ss.Ts: --- .� ' ae ` to Z -1_ !1 Lr��•�;_1_ 1--- ;_ Or _ ilt - - - -1- -- -- -�'_ --1--J • slw--_ ZI 1� rah - .�__...._--__-----5-----•. 8.: �i -0001>11VOL A F_ M x W ---------- --- J w • €;lt •s a� M a: H =F �a si t • oh pr r' 0 z :E 33 ` iiea J w • €;lt •s a� M a: H s z x LU O q o LU O U 64,j � La � .lp i I .; 5 is •?a � _• ii 2! gt� Y F vF .lp i Agenda Information Item June 18, 1996 Eagan City Council Meeting H. CEDARVALE SPECIAL SERVICES DISTRICT MAJOR COMPLEX SIGN ACTION TO BE CONSIDERED: ► To approve or deny the proposed major complex sign for the Cedarvale Special Services District. FACTS: ► The City of Eagan established a Special Service District for the Cedarvale area in 1994. ► The district was created to assist the Cedarvale Commercial District with promoting itself as a trade and shopping area by being able to provide special services above the normal level of service provided by the City. ► One of the major issues to the Cedarvale Commercial area was improving the area's visibility through signage. ► Under Major Complex Signs the City Code allows up to one free standing or pylon sign for each major adjacent street. ► The proposed sign was an identified budget item for 1996. The City will finance the signage expenditure over three years at 8% interest to the special service district taxpayers. ► The proposed sign is approximately 27' in height and 125 s.f. in sign area. The sign copy reads "Cedarvale" in white lettering with a green background and "Eagan" in green lettering with a white background. ► The sign will be located across the street from Jenson's Supper Club and Minnesota Credit Union approximately 15' from the north edge of Cedarvale Boulevard. ► The proposed sign has been created and approved by the members of the Cedarvale Special Services District (CSSD) Task Force. Some of those members may be in attendance for the City Council meeting. ATTACHMENTS: (3) Sign elevation drawings - pages _0 througb,32-- Sign location map- a e� . Staff memo - pag� m&e PE'S'EC I E VIEW 3a !3 31 z O J W W G N z O a zo g Q W J O tL EG 1w a J �PR S PE 0TI►V/E VII WI '�) o --l-- CSSD MAJOR COMPLEX SIGN Q '� / '•i fit w = ��...r - is ;Jli-, , !,' � . / //, /� / / — i� � / /f • � '\ Alp IGN �I 1�+' r � - = �'!� % � � - , _ �_„ 1 � n , � / � � _.. •,' r EXPRESS 1 ,r�' 1 ' � i � /.: � �� lel � � ' f 3 � � + / '/' . '�jt • DC�RtfS LOCATION 'I�u rell- 'Y_ ����,��� �' / i. ,''_- '•���r� �'y��' /I tom" .)`�,�\ �\- \ 1 � n / lf r r fj 1 �I t` `/ �, • �; ';r• � . /! •vim (� r ' itY� . \ ' ? ; �. � � i0��(, � �.. 411 a;r''•c 'moi" i'AINI'ifl;.�; `E3 r,'\'• r ,;� -=� rrF^, r6 Belo>i 40, ^, 14 i �� / i � ec•- i ar' ,i? • �\ s,il�\ � \„""CCC / .C!rx�� ARKIfl �'��/�i�1( .1 m MEMO _city of eagan TO: Tom Hedges, City Administrator Mayor Egan & Councilmembers FROM: Shannon Tyree, Planner DATE: June 12, 1996 SUBJECT: Cedarvale Special Services District Introduction The purpose of this memo is to provide an update on the recent events occurring within the Cedarvale Special Service District (CSSD). Background The Cedarvale Special Services District (CSSD) was established in the summer of 1994. The district was created by the City to assist the Cedarvale Area merchants with promotion of itself as a trade and shopping area by providing special services above the level of service normally provided by the City. Services that were considered were as follows: # Area -wide identification signage # Mowing, maintenance, landscaping of public areas above normal service levels. # Lighting. # Public parking facilities. # Public safety. # Maintenance, operation, repair, replacement of existing public improvements. # Other municipal services. # Administration, coordination, preparation of studies of the district. The services selected by the group were: ♦ Area -wide identification signage. ♦ Mowing and maintenance. ♦ Street name/address clarification The 1996 budget for the Cedarvale Special Services Fund was approved for $20,700.00. 2 Status of Approved 1996 Work Program Since early 1996, the CSSD Task Force has been meeting regularly to provide input for the district. Street Name/ Address Clarification One of the items identified as a concern to the CSSD members was more accurate street sign identification. In order for businesses along Cedarvale Boulevard to have the street sign match its business address, brown street signs were purchased in February and installed in March at all intersections along Cedarvale Boulevard to identify that street as "Sibley Memorial Highway" also. Mowing and Maintenance In March 20, 1996 staff met with Mr. Jeff Schendel owner/operator of Sarah's Laundry to make arrangements for him to mow and maintain the specified areas identified by the Task Force. Mr. Schendel had done the mowing in previous years and has begun the mowing and maintenance operations for the year. Mr. Schendel has agreed to mow the specified areas seven times. Major Complex Sign Since the beginning of the year staff has been meeting with the Task Force on site to create the major complex sign design and identify its location. City staff surveyed the right-of-way locations, and has recorded the turned back right-of-way from the State with Dakota County. Quotes from sign vendors were received once the design and the location of the sign were fixed. When approved by Council, the order for the sign can proceed and within 5 - 7 weeks the sign will be installed. 1997 Work Program Currently staff is in the process of scheduling a meeting for the entire CSSD to review this years progress and to identify 1997's budget and work program. That meeting should occur sometime in July. In addition, all CSSD members, will be sent a newsletter informing them of progress and advising them to notify staff of suggestions for future budgets. At the meeting information from the CSSD members will be gathered so a 1997 work plan can be drafted and a budget as well. The budget is scheduled to be heard at an August City Council meeting. If more you would like more information, please advise. Shannon Tyree 1 �i I V* Agenda Information Memo June 18, 1996 I. CONTRACT 95-21. SCHWANZ LAKE ACTION FOR COUNCIL CONSIDERATION: To approve Change Order No. 1 (Contract 95- 21- Schwan Lake Water Quality Improvement) and authorize the Mayor and City Clerk to execute all related documents. FACTS: The above -referenced contract provided for various water quality improvements including the extension of a storm sewer outfall into Schwann Lake to enhance water quality. The original completion date for the grading and restoration for this utility extension was May 31, 1996. Due to a wet and cold Spring with frequent rainfall, the contractor was then able to complete the work and has requested an extension of the completion date to June 30, 1996. City staff has reviewed this request and found it to be in order for favorable Council action. There is no cost change to the original contract associated with this Change Order. 3� Agenda Information Memo June 18, 1996 J. CONTRACT 95-13, NORTH RIDGE DRIVE ACTION FOR COUNCIL CONSIDERATION: To approve Change Order No. 1 to Contract 95-13 (North Ridge Drive - Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: This contract provides for the installation of public utilities within North Ridge Drive (Garden Wood Ponds Addition) to be completed by May 15, 1996. Due to a wet and unusually cold Spring with frequent rainfall, the contractor was unable to complete the grading and restoration work within that time frame. Also, residual frost from a late Fall/early Winter utility construction has been slow in leaving the site. The staff has reviewed this request and found it to be in order for favorable Council action. There is no change to the contract amount as a result of this Change Order request. Agenda Information Memo June 18, 1996 K. VACATE UTILITY EASEMENT OUTLOT A GEORGE W GILES ADDN ACTION FOR COUNCIL CONSIDERATION: To receive the petition to vacate a portion of an existing utility easement over Outlot A, George W. Giles Addition, and schedule a public hearing to be held on July 16, 1996. FACTS: The City staff has received a request to vacate a portion of an existing drainage and utility easement over the above -referenced parcel as described. Staff has reviewed this application and found it to be in order for favorable Council action of scheduling a public hearing to formally present and discuss the merits of this request. ATTACHMENTS: Location map, page Easement vacation description &sketch plan, page 2?7 s �r cr P, rATER RfA, TWCN ACUTY I CfTY PANT. FACILITY LACMAWK PARK 52 04: TAYARAC PT. Back PT. k "AT PT. FOREST RM TIL 1RONW000 LA. REDWOW PT. SPS PT. 24-,r LEARY I VACATION REQUEST SITE city of eagan VACATION REQUEST PUBLIC PART OF AN EASEMENT WORKS OUTLOT "A" GEORGE W. GILES ADD. DEPARTMENT - approved: standard plate #: Vacation of Easement drawing for PRECISION TUNE S0r13'10"E PILOT 115.26 KNOB ROAD 0 JOB: 964-1041.034 . .......115.26 W13-10 DI PROPERTY DESCRIPTION Outlot A, GEORGE W. GILES ADDITION, according to the recorded plot thereof, Dakota County Minnesota. F T VACATION DESCRIPTION ell Z .09 The West 50 feet of the b) East 134 feet of the North 7 feet of the South 10 feet of Out of A, GEORGE '0 W. GILES ADDITION according I ( I Q to the recorded plot thereof, ofI i &I Dakota County, Minnesota. 40 Scale: 1 inch 30 feet I hereby certify that this drawing was prepared by direct that me or under my supervision and 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota. /Pip F Dated this 4th day of June. 1996. �4;:S% REHDER & ASSOCIATES, INC. at Alvin R. Rehder, Land Surveyor Minnesota Registration No. 13295 Rehder and Associates, Inc. CML ENGINEERS AND LAND SURVEYORS 3440 F*d@W Drin f SLPR* 240 * Eagan. Aft wo a a Phone (012) 452-5051 0 JOB: 964-1041.034 Agenda Information Memo June 18,1996 L. SEH INCFEE SCHEDULE ACTION FOR COUNCIL CONSIDERATION: To approve the 1996 Fee Schedule for SEH, Inc. FACTS: The City staff has received a request from SEH, Inc., to amend the Fee Schedule portion of their contract for consulting engineering services for the 1996 fiscal year (April 1 - April 1). On February 6, 1996, the City Council approved similar adjustments and fee schedules for the City's two other primary consulting engineering firms. ATTACHMENTS: SEH request, pages & Comparative Fee Schedule, page 06/10%96 16:44 FAX SEH ST. PALL Z 002.003 =SEN June 10, 1996 305- ✓ADNAI5 ^,ENTER DR!'✓E ZX SErr CENTER $T PAIL, MN 55.70 612 45ir7wv 000 325-2 xs ARCHITECTURE • ENGWEEAWO ENVIRONIJENMAL 7RANSr'0R7A7r0N RE: Eagan, Minnesota Hourly Billable Rates SEH No. T-EAGAN9600.TR Mr. Thomas A. Colbert, P.E. City Engineer/Director, Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Tom: Attached to this letter is a comparison of our last year's and current hourly billable rates by classification. Also shown is the percentage increase in those rates. We respectfully request approval of this rate structure for the City of Eagan projects. This rate structure is used for all of our clients. On an annual basis, SEH evaluates individual employee wages, the cost of living and comparison to wages paid in the industry. On the basis of those comparisons and evaluations, adjustments are made to our wages and billable costs. If you have any specific questions, please contact me at 490-2072. Sincerely, Thomas A. Sohrweide, P.E. tlo Attachment Sr-iOR' ELV0TT HENDF.;CKSI-N WC M!NIrEAM-Z, 06M ST CLOUD MN C.HrPPEWA FALLS, W; M.A;,+SO`. W! EOUALOPP0P tj:';TYE FL0VER LAKE COj'�" -W LAKE COj'�" -W 06.12%96 11:40 FAX SEH ST. PALL Z002,'002 SCHEDULE HOURLY BILLABLE COST BY CLASSIFICATION(1) Office Staff Principal Project Manager Project Engineer/Architect/Planner/Scientist Staff Engineer/Architect/Planner/Scientist Lead Technician Senior Technician Technician Associate Technician Word Processor General Clerical Field Staff Lead Project Representative Sr. Project Representative Project Representative Survey Party Chief Survey Instrument Operator Survey Assistant (1) APRIL 28. 1995 TO APRIL, 1, 1996 BILLABLE C IUM $91.45 - $122.50 $71.15 - $116.25 $57.95-$ 99.05 $44-80-S 75.00 $52.00-S 70.40 $46.50-$ 62.50 $35.50-$ 51.50 $32.70-$ 43.25 $30.50-S 47.40 $27.75-S 47.40 APRIL, 1, 1996 TO APRIL 1, 1997 BILLABLE C'_OST(1) $91.45 - $127.10 $71.15 - $120.15 $57.95 - $101.85 S48,05-$ 75.00 $55.80-$ 72.85 $48.85-S 64.95 $38.75-S 52.10 S34.90-$ 43.55 $31.20-$ 47.40 $28.70-$ 47.40 547.90 - S 75.00 $47.90-$ 75.95 $43.25 - S 58.75 $44-95-S 60.30 $35.65-$ 52.55 $38.00-S 55.05 $41.85-$ 68.00 $42.95-$ 70.35 $31.60-$ 42.15 $34.10-$ 43.55 $24.80-S 40.15 $26.35-$ 40.15 INCREASE 0.0-3.8 0.0-3.4 0.0-2.8 7.3-0.0 7.3-3.5 5.0-3.9 9.2-1.2 6.7-0.7 2.3-0.0 3.4 - 0.0 0.0-1.3 3.9-2.6 6.6-4.8 2.6-3.5 7.9-3.3 6.3-0.0 The actual rate charged is dependent upon the hourly rate of the employee assigned to the project multiplied by the standard multiplier of 3.1. The rates shown are subject to change. q q co W W LL Z Z Q Z O � LL. 3 o°Z°o Wo � U � J N Z O U fm m Z w , r . . , . . . , , , . . . i , U G 0 88 8 88 881 $ w „ g , . . . . . . . . , . r 09 o U wCl " w; 88ci S3 53 8 �3 Sp3� S� �S�yy �w ��5ww iri Q 6969 L R8 U N 88 8888 8 � � . . . 8.8 88 5888 8 88 8 mt0 88Qn88888 88N ' 'p'-pW9��WHK'Hy W Np (_ w o ti� `�v�cSu3 ep 6969 IntA ' ww49�ww69w ' Iff ' 69� 9 ��c�Ypp> �r QOpCp�lp�p�ppe�N�C>p8ppp 1� of�f�fhMN��M VAIN w 69496969696949494469 www tV'W� �i8 Qi c+�v o8 4969 w Q 6960 4969 49 6969w U Q 8NNN N �p tOGND 2CD �n NC tORZ COD 490 �� . WH . w . a t0 www ~ tt O cN OV 44 QN W 6969 4969 00 OtB� CN�� tp�� M cr) QQ" a� �� www 6949 4969 U 88 888 88 88 35 3 �p��p g g ' ' 4* ' M N r . . , , . i i • 69 69 Vi 69 69 6949 6969 3 N Z ° J ; w� �u a g AD v M 49 `CL. m O CD Ir a, a. U WW�tLL�.tLrN C �W �d' � W W � �H•�° _ �a�,�' o ,pyo,, aaF-d'dC70Ji� � �UJNav�yt�O A fm m Agenda Information Memo June 18, 1996 M. CONTRACT 96-11. YANKEE DOODLE RD EXTENDED WORK HOURS ACTION FOR COUNCIL CONSIDERATION: Approve extended work hours for Contract 96- 11 (Yankee Doodle Road - Street & Signal Improvements) for the hours of 6:00 a.m. to 8:00 p.m. from present time to November 1, 1996. FACTS: City Code Section 4.30, Subd. S.B. states "no operation shall be conducted prior to 7:00 a.m. nor after 7:00 p.m., nor at any time on Sundays and legal holidays unless otherwise approved by the City Council." City staff has received a request from Shafer Contracting, Inc., the general contractor for the Yankee Doodle Road project requesting extended work hours to allow them to meet the City's tight completion date of November 1, 1996. Staff has reviewed this request and found it to be reasonable in consideration of the many scheduling conflicts with relocating existing utilities and working under heavy traffic conditions. ATTACHMENTS: Letter of request, page �. L�ortsaetlKgCru., 9ne. RECEWED J ON - 7 V96 June 3, 1996 Mr. Don Demers Strgar-Roscoe-Fausch, Inc. Suite 150 One Carlson Parkway Minneapolis, Minnesota 55447 lk 2y2'i Ya�1KL� E A000�s i2oa� " CoRRas�aur�,�ucs•• SHAFER, MINNESOTA 55074 Re: Yankee Doodle Road (County Road 28) Improvements City of Eagan Project No. 695 City Contract No. 96-11 Dear Mr. Demers: If the aggressive completion schedule you have provided is to be met, we cannot experience any delays and we must work extended hours. There will be occasions when it is necessary to work from 6:00 a.m. until 8:00 p.m. in order to accomplish some phases of our work. I understand that these extended hours will require approval from the City, and we would appreciate it if you would seek to obtain their consent. GWM:so Yours very truly, SHAFER CONTRACTING CO., INC. By: E�� .�. George W. Mattson q1 An Equal Q ort ity E yer Agenda Information Memo June 18, 1996 N. CHANGE ORDER #1, CONTRACT 96-05 (h ORTHRIDGE DR) ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #1 to Contract 96-05 (Northridge Drive - Streets) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Project 655 provided for the installation of utilities under Contract 95-13 and street improvements under Contract 96-05. The installation of utilities was performed during late Fall and early Winter resulting in significant frost penetration in the utility trenches. Combined with marginal soil conditions, some trench settlement is anticipated. This Change Order provides for the delay of the placement of the final wear course until the Spring of 1997 to allow an additional freeze/thaw cycle. This Change Order also provides for an extension for the interim completion date of July 12, 1996, to August 3, 1996, and the final completion date from July 12, 1996, to June 15, 1997. The cost associated with delaying the final wear course until 1997 is an additional $4,565 to the contract due to additional gate valve and manhole adjustments for winter snowplowing and an increase in the oil costs for the bituminous material. The cost associated with this Change Order will be the responsibility of the Major Street Fund. Agenda Information Memo June 18, 1996 O. CHANGE ORDER #1, CONTRACT 96-03 (WELL NO 191 ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #1 to Contract 96- 03 (Well No. 19 - Pumping Facility & Watermain) and authorize the Mayor and City Clerk to execute all related documents. FACTS: This contract provided for the installation of a well pump and related facilities for Well No. 19 developed on Thomas Lake Road near Thomas Lake Elementary School. • This Change Order provides for an extension of a completion date from July 1 to August 15 due to the previously approved Change Order # 1 to Contract 95-15 (Well No. 19 - Drilling) which was delayed 7 weeks due to permit acquisition from the DNR. • This Change Order also provides for upgrading the submersible check valve with a stainless steel design to extend reliability and service life for this well (add $3,699.51). • During the drilling of Well No. 19 under Contract 95-15, we were able to reduce the 3 -casing design down to a larger diameter 2 -casing design for greater flexibility in extending this well down to the Hinkley -Mt. Simon Acquifer in case of contamination or poor production in the Jordan Acquifer. However, it requires oversizing the previous 18" diameter well pump pitless unit to a 24" diameter unit (add $10,912). • The overall net increase to Contract 96-03 is an additional $14,611.51 and will be the responsibility of the Water Supply Fund. Agenda Information Memo June 18, 1996 P. CONTRACT 95-14 CLEMS N DRIVE ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #1 to Contract 95-14 (Clemson Drive - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Due to the prolonged wet and cold Spring weather, the contractor has been unable to complete the work and has requested an extension of the completion date from June 15, 1996, to June 29, 1996. There is no change in the contract price associated with this request. 5() Agenda Information Memo June 18, 1996 . PROJECT 695 YANKEE DOODLE ROAD(RIGHT-OF-ENTRY AGMT ACTION FOR COUNCEL CONSIDERATION: To approve the Right -of -Entry Agreement for Project 695 (Yankee Doodle Road) for Lockheed -Martin and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On January 16, 1996, the City Council closed the public hearing and approved Project 695 (Yankee Doodle Road - Street & Signal Improvements) and authorized the acquisition of easements through condemnation, if necessary. • Due to the lengthy process associated with condemnation and the need to enter certain properties early in the construction schedule, a Right -of -Entry Agreement has been negotiated with Lockheed -Martin (formerly Loral Corporation). The formal agreement requested by Lockheed -Martin requires City Council approval. • This agreement has been reviewed by the City Attorney's Office and Engineering Division and found to be in order for favorable Council action. SI Agenda Information Memo June 18, 1996 R CONTRACT 95 -DDD EAGAN PROMENADE ADDN - EXTENDED WORK HOURS ACTION FOR COUNCII. CONSIDERATION: Approve extended work hours for Contract 95 - DDD, (Eagan Promenade Addition) for the hours of 5:00 a.m. to Midnight, Monday through Saturday, from present time to November 30, 1996. FACTS: City Code Section 4.30, Subd. S.B. states "no operation shall be conducted prior to 7:00 a.m. nor after 7:00 p.m., nor at any time on Sundays and legal holidays unless otherwise approved by the City Council." City staff has received a request from Opus Development, the developer for Eagan Promenade, requesting extended work hours to meet the Fall completion date. Staff has reviewed this request and found it to be reasonable. ATTACHMENTS: Letter of request, page 5.3 OPUS, June 10, 1996 Opus Corporation 8010 Opus Center 9900 Bren Roac East Minnetonka, Minnesota 55343 612-936-4444 Mr. Tom Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Request for Extended Working Hours Eagan Promenade Retail Project Dear Mr. Colbert: RSC'cIVZD 1 Maihnn Aadress v P.C. Box 150 Minneapolis, Minnesota 55440.0150 Fax 6.2-936-4529 R /1 Opus Corporation requests approval to work extended working hours on the above project. We request approval to work from 5:00 AM to 12:00 PM Monday through Saturday. This request would end November 30, 1996. This request would apply to all exterior construction activities on this project. It is our understanding that there are no City Ordinances regulating the hours worked inside of the building. If we are mistaken and there is an ordinance regulating hours worked inside the building, we would want this request to apply to those activities also. The purpose of this request is to give us greater scheduling flexibility in order to meet our fall completion date. We hope the City will act favorably on this request. Please contact me at 936-4671 if further information is needed. Sincerely, OPUS CORPORATION George SpeJva -ek Senior Project Manager GS/s' 12 19g6 :! 3 Opus Corporation is an affii;ate of the Opus group of companies—Architects, Contractors. Developers Chicago, Columbus, Dallas, Denver, Ft. Lauoeroale, Milwaukee. Minneaoohs, Urlandc, Pensacola. Phoen x Sacramento, San Francisco. Sear:e, Tampa, Wasnington D Cr Agenda Information Memo June 18, 1996 Eagan City Council Meeting S. MASSAGE THERAPY LICENSE FOR CHAD HOUCK TO PRACTICE AT LIFETIME FITNESS, 1565 THOMAS CENTER DRIVE ACTION TO BE CONSIDERED: To approve a massage therapy license for Chad Houck to practice at Lifetime Fitness as presented. FACTS: • An application has been received of Chad Houck to perform therapeutic massage at the location indicated. The application has been reviewed by staff and the Police Department and no reason has been identified to deny the license at this time. ATTACHMENTS: • Application and police report enclosed without page number. S' f Agenda Information Memo June 18,1996 Eagan City Council Meeting T. FINAL PLANNED D.: ACTION TO BE CONSIDERED To approve or deny a Final Planned Development to allow a 23,000 sq. ft. office building on Lot 1, Block 1, Eagandale LeMay Lake 5th Addition located at 3080 Eagandale Place south of the Residence Inn and west of I -35E. FACTS The Eagandale LeMay Lake Preliminary Planned Development was originated in 1986 and provided for a variety of uses. Development of this parcel will complete the Eagandale LeMay Lake Planned Development. Farm Bureau Life Insurance Company is proposing an office consistent with the Planned Development requirements. BACKGROUND/ATTACHMENTS (1) Farm Bureau site plan, page .56/ . ss 1 d d3 Y N of, i; 'r t i� `01 d3 Y of, `01 Y of, i; i� `01 of, rnis� i� Agenda Information Memo June 18, 1996 Regular City Council Meeting U. APPROVE, HOLZ FARM, RIGHT-OF-WAY ACQUISITION ACTION TO BE CONSIDERED: To authorize staff to implement the Council's direction regarding access to Holz Farm Park from Cliff Road. FACTS: Background and issues relative to this item will be a part of the workshop meeting. Based on discussions at the workshop, the Council should select a direction in this regard and authorize staff to implement it. ATTACHMENTS: Materials provided with the Special City Council packet. si Agenda Information Memo June 18, 1996 Eagan City Council Meeting V. APPROVE 7.1-96 TO 7-1-97 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for 7-1-96 to 7 -1 -97 - FACTS: • The City has received renewal information for the general insurance coverages. The renewal proposed has been assembled through Jeff Bowers of RL. Youngdahl and Associates, Inc., the City's insurance representative. • General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk expenses. • While official quotations were not solicited, other markets were reviewed. The general conclusion is that there are no provides who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only the quote from the LMCIT to present tot he City Council for consideration. • The premium summary by coverage type for 1995/1996 and 1996/1997 is as follows: Increase (Decrease) Coveraze 1995/1996 1996/1997 Amount Percent LMCIT: Property $ 21,658 $ 23,574 $1,916 8.8% Inland Marine 4,698 4,786 88 1.9% Liability 142,565 130,328 (12,237) (8.6%) Automobile 25,683 31,247 5,564 21.7% Misc. Auto Equip. 681 Included (681) --- Crime 385 385 0 0 Petrofund 756 752 4 0.5 Open Meeting Law 2,198 1,953 (245) (11.1%) Boiler & Machinery 4.511 4,837 326 7.2% $203,131 $197,866 ($5,265) (2.6%) Other Carriers: AD & D Benefit') $2,236 $2,263 $27 0.6% Employee Dishonesty 1.098 L098 0 - $3,334 $3,361 $27 0.8% U� ($ 3° c'? This coverage is for accidental death & dismemberment for the volunteer firefighters. The 1996/1997 quote is from a new company as the previous provider is no longer writing the policy. The coverage is the same except the $100 per week accident total disability is to age 65 in the new policy. This benefit previously was a lifetime maximum which is not available now. Agenda Information Memo June 18, 1996 Eagan City Council Meeting Premium changes are impacted as follows: 1. Property additional value - no rate change. 2. Liability - significantly lower rate - exposure or premium base is up slightly. 3. Automobile - physical damage coverage rate is increased by 36% in all municipalities. 4. Open meeting law - lower rate. S. Boiler and Machinery - relates to the building and contents limits which increased. Excess liability rates have decreased substantially, staff will be reviewing coverage in more detail and bringing a recommendation to the City Council. Premiums as presented reflect the statutory $600,000 limit. EAGAN CITY COUNCIL MEETING June 18, 1996 CONSENT AGENDA FOR COUNCIL ACTION To approve plans and specifications, authorize advertisement for bids for tennis court resurfacing and lighting of tennis courts at Northview Athletic. FACTS: • Northview Tennis Courts were open for play in 1989 • The City maintains an asphalt resurfacing program which identifies tennis courts for repair and resurfacing on a seven year basis. • All eleven tennis courts at Northview were identified for resurfacing in 1996 and upon inspection are deemed to require this work to be completed before additional surface deterioration is experienced. • Funding is provided in the 1996 operating budget. • Lighting of three of the tennis courts has been under study with anticipated funding by the Park Site Fund. • Coordination of the resurfacing and lighting is critical for functional and aesthetic purposes • The work will need to be completed in August/September to allow for school use. CONCERNS: None ADD ALTERNATIVES: Inspection of all tennis court surfaces resulted in extensive deterioration at Rahn, Evergreen and Country Home Parks. These courts are over 20 years old. Their age and the extreme 95/96 winter have resulted in escalated deterioration with huge cracks. Repair of these courts will be an alternate to the bid. c7\6-18caen CITY COUNCIL MEETING June 18, 1996 CONSENT AGENDA X. APPROVE, CHANGE ORDER #11 CONTRACT 96-09 (Blackhawk Park Pavilion) To approve Change Order #1 for Contract 96-09, Blackhawk Park Pavilion in the amount of $7,726.51. 1�iA Change Order #1 includes 8 items. All items were reviewed and negotiated prior to final contract signing. Despite the additions, the building cost remains well below construction cost estimates. 1. Modify cabinetry in kitchen No Charge 2. Provide change in sink to meet health code, Wrap insulate pipe and trap Add $ 178.25 3. Provide wall and base cabinets Add $ 1,461.65 Contractor price to add the storage space was as inexpensive as having city crew do the work at a later date as was previously planned. 4. Change material and finish of fascia board to match perimeter beam No Charge 5, Provide conduit for surveillance camera. Add $ 1,528.41 A surveillance and security camera was added because of multiple reports of vandalism. Wiring while the building was under construction was less expensive than post construction by the vendors for the surveillance camera. 6. Change cupola to metal roof. Add $ 3,100.00 A metal roof was bid as an alternate but the low bid contractor was the highest with the bid alternate. Based on the lower bid, the successful contractor and sub -contractor submitted a new price. The metal roof will be longer lasting and less subject to vandalism as well as bring an aesthetic addition. 7. Change drinking fountain. Add $ 1,458.20 Fountain changed to meet wheelchair, ADA height requirement. 8. Relocate sewer exit location. No Change A revision to the exiting location of the sewer avoids a crossover with other services TOTAL CHANGE ORDER Add $ 7,726.51 (p � Agenda Information Memo June 18, 1996 Eagan City Council Meeting Y. APPROVE, CHANGE ORDERS, MUNICIPAL CENTER PROJECT ACTION TO BE CONSIDERED: To approve change orders for the Pink Companies resulting in a net credit to the Municipal Center Project of $274.32. FACTS: • Construction manager continues to finalize paper work to finalize outstanding change orders and close out the Municipal Center Project. Paper work on approximately a dozen changes remain outstanding at this time. ATTACHMENTS: • Staff memorandum on page 60 Agenda Information Item June 18, 1996 Eagan City Council Meeting Z. FINAL SUBDIVISION - WESCOTT HILLS 5TH ADDITION ACTION TO BE CONSIDERED: To approve a Final Subdivision (Wescott Hills 5th Addition) consisting of four lots on 1.07 acres of property currently platted as Lots 15-19 of Wescott Hills Revised 3rd Addition located south of Yankee Doodle Road, east of Ivy Lane in the NE 1/4 of Section 14. FACTS: Final plans, development contracts and financial guarantees are in order. ATTACHMENTS: Plat Map - page (-0 —city of eagan MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIP42V""' DATE: JUNE 11, 1996 SUBJECT! MUNICIPAL CENTER EXPANSION CHANGE ORDERS The City is in receipt of two change orders for the municipal center remodeling resulting in a net credit $274.32. The changes are described below: 1. Pink Companies - Change Order #4/pco #95 - Backcharge for carpet removal by other contractor - ($87.00). 2. Pink Companies - Change Order #5/pco #100 - Backcharge for painting and touch up where walls damaged by carpet installation - ($187.32). These changes have been reviewed in detail by the consultants and staff. If any Council member wishes additional information, please let me know. � 3 Agenda Information Memo June 18,1996 AA. CONTRACT 96-12 ORTHWOODS DR - STS & UTELITIES ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-12 (Northwoods Drive - Streets & Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: On January 16, 1996, the City Council held a public hearing and subsequently approved a reduced scope to Project 694 which provides for the installation of streets and utilities within Northwoods Drive. At that time, they also authorized the preparation of detailed plans and specifications which were presented to the City Council on May 20 with authorization to advertise for competitive bids. At 10:30 a.m. on Friday, June 14, formal bids were received for Contract 96-12. Attached is a bid tabulation showing the relationship of the low bidder to the estimate contained in the feasibility report. All bids will be checked for accuracy and compliance with bid specifications. Any deviations will be discussed at the Council meeting of June 18. ATTACHMENTS: Bid tabulation, page. s 14 d •` LL �a- �iii i ;j CDO:s •c - }}{{ s some NII � � s I Fla Sat SLni Ln Cp CD .• rrr «, � «1 ir1 ;: C -, r d I ails/a � F •. �. ' p erj � i!�t «r e a - ►r , ssf «• o rz «1 - ■ ■ ; ri 44 � • t 1 N 1 •�i 1 �• ; � • � IlV.'1 i1 1 e: ru , f ( ■ I 7: '■�� , off:: ^ 6-- Ulm>t.■aa ■ f ' � � � p "; • ' 6 a 7: irr S L EflConsulting Group, Inc. Trinspmotian - Ci%,ii - Structural - f:nvira»mrntal - Planning - Traffic - Landscape Architccturc - Parking EACAN PROMENADE AREA CITY PROJECT NO. 694 CITY CONTRACT NO. 96-12 BID DATE: June 14, 1996 BID TIME: 10:30 a.m. CONTRACTORS TOTAL BASE BID 1. McNamara Contracting, Inc. $ 854,114.97 2. Northwest Asphalt, Inc. $ 877,808.25 3. Max Steininger, Inc. $ 918,540.40 4. Shafer Contracting Co., Inc. $ 919,994.50 5. Bituminous Roadways, Inc. $ 964,101.90 6. Northdale Construction $1,037,956 49 Low Bid $ 854,114.97 Feasibility Report Estimate $ 914.370.00 Percent Over (+) Under (-) -7% Engineer's Estimate $ 924,498.75 Percent Over (+) Under (-) -8% SRF Consulting Group, Inc. One Carlson Parkway North, Suite 150, Mill Ilea pc)liti, Minnesota 55447-4443 Telephonc (612) 475-0010 • Fax (612) 47.5-2429 Agenda Information Memo June 18, 1996 Eagan City Council Meeting A. APPOINTMENT - BURNSVILLE/EAGAN COMMUNICATIONS COMMISSION ACTION TO BE CONSIDERED: To appoint Jeff May to fill the current commission vacancy and to appoint a replacement for the remainder of Mr. May's alternate term on the Burnsville/Eagan Communications Commission. FACTS: • The Cable Communications Commission has one vacancy for an Eagan member as a consequence of a resignation previously accepted by the City Council. • Commission Alternate Jeff May has expressed interest in filling the vacancy created by Bill Ista's resignation. The Council has considered promoting alternates when appropriate. If Mr. May is appointed, his alternate position would be vacant and it would be appropriate to consider either Max Ramsey or Christopher Cleveland to fill that position. ATTACHMENTS: Staff memorandum on page k�- 06/11/96 15:09 FAI 812 895 45.2 CITY OF B-VILLE X1001 EAGAN r 3, c . GOM,MUN[CATIONS - COMMISSION l OQ CNlC CEN7ER•PARKWAY, BURNMLLE, MN 95337-3817 001f (612) 89SA476 • FAX 8954404• • TDD 895.4567 .,; •.... - ;FAX -ME.MO Total Pages, y • ' a y TO: = ASSISTANT TOVEM MY ADNDNISTR.ATOR HOHENSTFIN. FROM. CABLE COORDINATOR REARDOhi _ DACE; JUNIZ 11,096 - SUBJECT: EAGAN CQMMISSIONER VACANCX ON SLE COMMISSION _ - lu January, the Council appointed Bill Ista .to i he Cahle Commission. LT++�+#�Ip, due to itye potential for prof Lsionai conflicts of muresk Commissioner Ista has resiped. from: ' _ ? the CcsmmissiolL , I Bove. coria a the six•applic a= who, in December, s& pitted applicai iorls•ofintetest. i .settle on a commismon/f�ard. ,Two have an inicresi on saving on•thc Cable Commissirnu.' They are: Max R.aossep Chastapheir• Cleveland - In-afttton, entreat Commissioner alteina#e. kff May, hasasked thax wheu'the, couppil &1fills the Isla vacancy; that.he be considered forthat position. •Based on nW * . . observations of ComnAssioncrMay during the past months, I wed endorse him as a' N: gnali.had applicant for the full couiaussi oxer position. Should yon'have'any questions reprding any of the applicants, Please do not hesitate to'. . contwt me. • • - .- ., ., Vim- _ - � � ..... ' 12 895'4512 06-11-96 03:11PM P001 #41 Agenda Information Memo June 18, 1996 PUBLIC HEARINGS A. VACATE DRAINAGE & UTILITY EASEMENT LOT 6 BL 5 COUNTRY HOLLOW 1ST ADDN ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the vacation of the drainage and utility easement as described over Lot 6, Block 5, Country Hollow 1 st Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: On May 20, the City Council received a petition requesting the vacation of a portion of a side lot line easement as described and scheduled a public hearing to be held on June 18 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 utility companies informing them of this public hearing. As of this date, staff has not received any objections to the proposed request. An existing sanitary sewer lateral extension located along the common lot line of Lots 6 and 7 within this easement will be abandoned and is no longer necessary due to the ultimate development of the adjacent property. ATTACHMENTS: Location map, page. Legal description and sketch of ar2perty to be vacated, page 2.;i- . Engineering staff report, page . '-? D LJI UH. r BETS_ `4 ___ RD LN- - — _ LK 'P GR7J OAKg'� — _ WESCOTT 3— - - - - 3600 �j C.R. / ~ j UNCRST 8 - STATION T. 0 9p PARK z I. JAY WA ,, MUELLER/-`_`, jFR3 RBOR f}CTR^ I < J. �� W FARM PR P sem. CT.Ulm 39 Ld i�j• i r A Y �_ , � VERLOOK PL. SOUTH WNDTFY c T ( < �2 S.H. w IH "Ia. �e O Q 20, $ a� _ �T !!wryry A INAL. m� a 2 I L4 0 A Sl K V N r yy ' 72 s ' S.H. ou RENrw� ANDERING WALK PAR WESCOTT ROAD m4 H. T 00 EASEMENT VACATION SITE i I LDC OANSURY LAKE/1 l�•�i H L R RIDLE PA L AR .�� ,('ham_ I I __ I I,� G VVI" & Y I� LLI j- NORTHVIEW PARKI I R. NORTHVIEW 'C1111 ir < v gG W >j F r H Kid I r NORTHVIEW c 3 La j 3 cE �' a 1LDFL I © Ai� i XF v O 9L r(V G Y �✓/ � Z � � ' ® ��y I �• I Ix.i r ORCT(6�DFFJY ROAD DIFFL Y ROAD I i W W )N+ -DIFF r,.r�.,.�-p n L.✓0.+•• � Y W IFFLAQ A EFLO �4Q J �� Z W FLOWRC <<U I BR zu GOAT O C Ntil. PARK _ WALNUT HILL ` TRAPP Y6 , 48PARK %7 e 52 �4 �1 ' Dcrwnnn q� T E \� �JE�I p WI 3� Cif ^ CSA I L H.iiO' S0. city of eagan PUBLIC WORKS � DEPARTME c45Er� � vi LASSO c L C+� RE DB % DR. HA E IHIfpJ Q RT d � 1 WANZ CRIMSON LE LAKE LOCATION MAP LOT 6, BLOCK 5 COUNTRY HOLLOW ADDI ION �3A I -14400 NAY LAKE N I J CLIfZF. ROAD 4600 Al I Ali standard plate #: Certificate of Survey For: Jim Walsh 4132 Prairie Ridge Road 'Eagan, MR -`55123 ` — - V N (05-06-96) DELMAR He SCHWA NZ �.", I LAND SURVEYOfiS. INC. il Registered Under Law of The State of Mlnnesets wd >✓E COQ • i 14750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 55088 812/423-1789 ') i SURVEYOR'S CERTIFICATE 1 Scale: 1 inch = 30 fees 41 O O � M �� ��L' /NAC i� _ ���/ :• T�Sf r� w I I 3.a SET jy--dV �. ;_ r n � N -----— -—W W /5;�'-1-73 5L06-96 O j V 7 �i Description: Lot 6, Block 5, COUNTRY HOLLOW, according to the recorded plat thereof, Dakota County, Minnesota. Also shoring the location of an existing house thereon. I hereby Certify that this survey, plan, or Prepared by me or under my direct supe that I.am a duly Registered Land Survel the laws of the State of Minnesota. nd 0EL.-N4AR H. SC'H VVA!V7 Dated 07-07-93 f ` 8625 — 1 � .✓E to2ti��7Z Pelmer H. Schwanz Innesots Reglatratlon No. 8825 lJ) 11 ENGINEERING REPORT CITY OF EAGAN REPORT DATE: June 13,1996 REQUEST: Vacation of Drainage and Utility Easement LOCATION: Lot 6, Block 5, Country Hollow PETITIONED BY: James A. Walsh, Property Owner REPORT BY: Background Craig Knudsen As a part of the development of Country Hollow, the developer was required to provide sanitary sewer service to the east boundary of the plat. This extension was provided along the common property line of Lots 6 and 7, Block 5, Country Hollow. With this sanitary sewer extension, a 30' drainage and utility easement was provided, 15' on Lot 6 and 15' on Lot 7. Subsequent development to the east did not utilize this sanitary stub resulting in a dead-end line. It can now be determined this line will not be used and the amount of easement is no longer necessary. Therefore, James Walsh, property owner of Lot 5, has petitioned the City to vacate the excess easement which would allow him to add an additional stall to the garage. This request would vacate 10' of the existing easement allowing for the typical 5' drainage and utility easement to remain intact. Notifications and Responses Public notice for this vacation was published in the City's legal newspaper as required. Additional notice was provided to public utility companies and other parties who may have an interest. No objection to the vacation was received by the City. Recommendation It is recommended that the City vacate the drainage and utility easement as described. ""13 Agenda Information Memo June 18, 1996 A. INVER GROVE HEIGHTS JOINT POWERS_AGMT ACTION FOR COUNCIL CONSIDERATION: Receive a request for a global Joint Powers Agreement with Inver Grove Heights and provide direction to staff regarding the terms and timing of responding to said request. FACTS: • On June 20, 1972, the City of Eagan entered into a Joint Powers Agreement (JPA) with Inver Grove Heights to provide sanitary sewer and water service to the Emerald Hills Trailer Court near the intersection of Opperman Drive and Delaware Avenue. • In May of 1994, Inver Grove Heights requested an amendment to that JPA to accommodate a proposed expansion of that trailer court. • In October of 1994, Inver Grove Heights requested the City of Eagan to prepare a JPA to extend sewer and water to the proposed Boulder Crest 18 -lot single family development located south of Cliff Road and east of Weston Hills Addition. • In November of 1994, Inver Grove Heights requested that the new JPA be expanded to also incorporate the 227 single family development of Coventry Pass 5th Addition located south of Wescott Road and east of Coventry Pass. • In January of 1995, the Public Works Director recommended that a comprehensive/global JPA be prepared to identify and address all potential areas requiring Eagan sewer and water extensions in lieu of processing a JPA on a development -by -development basis. Because this global JPA process would incorporate major issues not quickly resolved (i.e., Yankee Doodle Road extended, etc.), Inver Grove Heights requested the City of Eagan to prepare an interim JPA (approved 8-15- 95) addressing only the Boulder Crest and Coventry Pass 5th Addition developments and that a moratorium would be placed on all future development applications within Inver Grove Heights until the global JPA could be prepared. (Approved 8-15-95.) • During the past 18 months, the Public Works Department has prepared an update to its Comprehensive Water Supply & Distribution Plan specifically addressing the needs and requirements associated with ultimately servicing approximately 800 acres within Inver Grove Heights. • In addition to the outstanding Emerald Hills Trailer Court expansion, Inver Grove Heights has received another development proposal for approximately 220 acres of single-family residential development located on the north side of Cliff Road east of TH 3. Based on previous agreements and understandings, extension of utilities to these new development proposals will require the preparation of the global Joint Powers Agreement. • Inver Grove Heights has submitted a request for the City of Eagan to begin the preparation of the global JPA. 7�Z Inver Grove Heights Joint Powers Agreement (cont'd) ISSUES: There are certain benefits that can be accrued to both communities through a global JPA. While the extension of utilities into Inver Grove Heights will require additional wells, reservoirs, and main extensions, comparative connection fees and area assessments should offset those costs. In addition, the additional reservoir will provide increased service to existing residents in the southeast corner of Eagan. Also, the extension of Yankee Doodle Road (County Road 28) through this JPA will provide better transportation services to our residents and business community. However, roadway extensions and reservoir construction within Inver Grove Heights may not be readily acceptable to certain neighborhoods of both communities. Potential concerns with air traffic noise is addressed in the attached memo. JPA request, page. Inver Grove Heights utility Air craft noise memo, page area, page_ city of INVERGROVEHEIGHTS April 11, 1996 -_-� Mr. Tom Hedges �. City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MIST 55122 Re: "Global" Joint Powers Agreement Dear Tom: Last year our two City Councils approved a joint powers agreement by the terms of which two residential developments in Inver Grove Heights were able to gain access to Eagan sanitary sewer and water. At the time of these discussions, we also began to discuss what has been referred to as the "global" approach to this topic. Our City Council has recently been approached by the owners of the property comprising the former Southern Lakes project. Lundgren Bros. Construction has indicated an interest in acquiring this property for development. They have, in turn, requested that we renew our discussions with you with respect to the global joint powers issue. Accordingly, I would appreciate your arranging to meet with us as soon as possible in order that we might recommence these dis- cussions. As I know, you are aware timing is of significant importance to development interests and Lundgren Bros. is no exception. Representatives of the City of Inver Grove Heights will be available at any convenient time to meet with you and/or your staff to further these discussions. Best regards, CITY OF INVER GROVE HEIGHTS 3"G. Willis 3.ty dministratcr CC: Gary Johnson Tom Link Al =7 a &7- 131Z rbc 1 lj /�f f , T /�r 4-- 8150 BARBARA AVENUE • INVER GROVE HEIGHTS, MN 55077 TELEPHONE (612) 450-2500 • CITY OFFICE FAX (612)450-2502 • POLICE FAX (612) 450-2543 T�o EAGAnl C-Rble HGICH 5 Iz110 SOO (N fl 411 city of eagan TO: PUBLIC WORKS DIRECTOR COLBERT CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEI DATE: JUNE 119 1996 MEMO SUBJECT: AIRCRAFT NOISE PLANNING CONCERNS - IGH SERVICE EXTENSION AGREEMENT As I noted at the Department Head meeting, I believe the Council should consider facts and issues associated with development compatible with aircraft noise, if Eagan is to permit new service extensions to areas of western Inver Grove Heights. Inver Grove residents have advocated the dismantling of corridor procedures and earlier turns from the corridor which may have contributed to the deterioration of operating standards we have experienced in the past and especially this year. The addition of more urban density developments in this area will contribute to even more public pressure for traffic to be fanned over Eagan. As a consequence, it would be best if any development were contingent upon annexation to be certain that this public policy is managed within the City and not by another City. To the extent that this is not possible, I believe that we should at least limit new residential development to areas south of where it currently exists. We may also wish to include as part of the agreement that noise disclosure or avigational easements be a condition of service extension. Please consider the following facts and issues in the dictation to the City Council: The City of Eagan has planned an area of noise compatible land use to minimize aircraft noise impacts in its residential areas. The 'success of this strategy is dependent upon other cities developing compatibly so as to minimize pressures from new residential areas to turn aircraft out of the corridor prematurely. The potential for new residential development north of Wescott Road may create such pressures. Even if the City wishes to extend services for additional residential development in Inver Grove Heights, certain conditions within the contract, such as disclosure and sound insulation requirements or avigational easements may be appropriate means of limiting the potential of these areas to conflict with Eagan noise abatement policy. Agenda Information Memo June 18, 1996 B. PROJECT 689, HAYES & DELOSH ADDITIONS (STORM SEWER) ACTION FOR COUNCIL CONSIDERATION: To revise Project 689 (Hayes & DeLosh Additions - Storm Sewer) and related assessment roll deleting the lateral benefit assessment to the Hayes Addition. FACTS: • On November 21, 1995, the City Council held a public hearing and subsequently approved Project 689 providing for the installation of storm sewer improvements within the Hayes & DeLosh Additions. • At that hearing and with the subsequent approval of the extension of the preliminary plat for the Hayes Addition, that developer has objected to the allocation of the lateral benefit costs associated with this improvement. • Upon further review by City staff, it has been determined that the installation of the storm sewer through the Hayes Addition to handle the discharge of surface water runoff from the Valley View Plateau should be considered a trunk storm sewer fund responsibility similar to the drainage ravine improvements through the Post and DeLosh Additions. • The increase in funding responsibility of the trunk storm sewer fund associated with deleting this lateral benefit assessment is more than made up by the favorable bids submitted for Contract 96- 07. ISSUES: The developer of the Hayes Addition has indicated that it is economically unfeasible for him to proceed with the development taking into consideration the proposed lateral benefit assessments under Project 689. Without the dedication of the drainage and utility easements with the final plat of the Hayes Addition, the City would either have to acquire the easements at additional cost, or delete this erosion correction storm sewer work from the overall contract. The developer has executed separate easement documents allowing this contract to proceed prior to final plat approval if favorable Council action is given to revising the pending assessment roll for Project 689 eliminating the lateral benefit assessment to the Hayes Addition. ATTACHMENTS: Location map, page. Scope of improvements, page Serviced drainage districts, page 1! 77 swim in fwt LOCATION PLAN EAGAN, MINNESOTA FIGURE 1 HAYES ADD./DELOSH ADD. STORM SEWER IMo—ITYPROD• No.6119 ro49567FO1.DWG CTOBER c 49567 4" Bonestroo Posene Anderlik & Associates Existing Profile Grade 3' MAX. HEIGHT BUILT UP SEDIMENT. RIPRAP OVER TIME. (TyP) GABION .BASKET DITCH BLOCK Typical Profile I I 4 Lu Z 3 �¢ IW 2 IX k 1 t.I l V,II=ff 4 10 W I 4 3 V j ' 2 BMS IDGD 5 8 m € Q 2 'i 7 kl I' FUTURE RRACE ; PRIVAT r 2 �pSP 3 2 ! 3 4 AN 9 g 7 Ex. 2' FROM F 10 II p ED DEL ADD. �l 'l �ExM- BASNET, 012-77 4 E 2 OCA 11. lie 041 E SELECT T0-1 AE&' ANL] YARD llf',4STE/N �i RAME, )WSHAPEEX,4S7M CHANNEL (jt/EANDEAJ .4NLQ COYKS719UCT Efs/ CDNTAD ry ` `��4TUfiES (GABS AP� W^�A� pS/ON. ,S,4N06�AA of" 0#v..) TO pgc�F�C x. 72" MI Q too 2W STORM SEW IMPROVt E T_S H RAVIN�STORATIOi � Sonestroo DELOS Rosene BIO ENGINEERING Anderlik A FIGURE 3 Associates EAGAN, MINNESOTA HAYES ADDITION/DELOS CIIAYD ADDITION No. 689 STORM SEWER IMP. CT08ER t995 COMM. 49567 49567F05.DWG Qi HayeaO Ravine 5 8 m € Q 2 'i 7 kl I' FUTURE RRACE ; PRIVAT r 2 �pSP 3 2 ! 3 4 AN 9 g 7 Ex. 2' FROM F 10 II p ED DEL ADD. �l 'l �ExM- BASNET, 012-77 4 E 2 OCA 11. lie 041 E SELECT T0-1 AE&' ANL] YARD llf',4STE/N �i RAME, )WSHAPEEX,4S7M CHANNEL (jt/EANDEAJ .4NLQ COYKS719UCT Efs/ CDNTAD ry ` `��4TUfiES (GABS AP� W^�A� pS/ON. ,S,4N06�AA of" 0#v..) TO pgc�F�C x. 72" MI Q too 2W STORM SEW IMPROVt E T_S H RAVIN�STORATIOi � Sonestroo DELOS Rosene BIO ENGINEERING Anderlik A FIGURE 3 Associates EAGAN, MINNESOTA HAYES ADDITION/DELOS CIIAYD ADDITION No. 689 STORM SEWER IMP. CT08ER t995 COMM. 49567 49567F05.DWG Q4Ji�lC IV i I i 'r ;JOS£Pt4 , i J J, J / ft i ; HA YES RA V/NE DAAINA GEAREA (21.8 Acres) 543R -STORM SEWER Drainage Area UCL Uaj-7 ITA r// VA--- DflAINA GEAREA (36.2 Acres) N f, � �o Smw 6f fact kA Sonestroo DRAINAGE AR EAS Rosene Anderlik � EAGAN, MINNESOTA FIGURE 2 < Associates HAYES ADDITION/DELOSH ADDITION v STORM SEWER IMP. — CITY PROJECT No. 689 49567F02.DWG OCTOBER 1995 COMM. 49567 Agenda Information Memo June 18, 1996 C. CONTRACT 96-07, HAYES & DELOSH ADDITIONS ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-07 (Hayes & DeLosh Additions - Storm Sewer) and award the contract to G.L. Contracting in the amount of $106,490.40 and authorize the Mayor and City Clerk to execute all related documents. FACTS: On November 21, 1995, the City Council held a public hearing and subsequently approved the installation of storm sewer facilities through the existing drainage ravines of the Hayes and DeLosh Additions. Detail plans and specifications were prepared and on May 7, the City Council approved the plans and authorized the advertisement for the solicitation of competitive bids. At 10:30 a.m. on Friday, June 7, formal bids were received for this contract. Enclosed is a bid tabulation showing the relationship of the low bid to the estimate contained in the feasibility report. All bids will be checked for accuracy/errors along with compliance to bid specifications. Any deviations will be addressed by the Assistant City Engineer at the meeting, if appropriate. ATTACHMENTS: • Bid tabulation, page EAGAN, MINNESOTA HAYES/DELOSH ADDITIONS STORM SEWER IMPROVEMENTS CITY CONTRACT NO. 96-07, PROJECT NO. 689 FILE NO. 49567 ENGINEERS ESTIMATE: PRELIIMINARY REPORT: 1. G.L. CONTRACTING, INC. 2. r.P. JLDL.ICKI, INC. 3. RYAN CONTRACTING 4. JAY BROS., INC. Report: ($129,780.00) Engineers Estimate ($143,000.00) $143,000.00 $129,780.00 DELOSH HAYES ADD171710N ADDfl'ION BID DATE: June 7, 1996 BID TIME: 10:30 a.m. RAVINE TOTAL RESTOR. BASE BID 18,178.00 25,491.90 62,820.50 106,490.40 25,593.00 19,934.50 115,530.00 161,057.50 25,150.50 29,044.00 133,680.00 187,874.50 22,463.00 37,741.00 193,740.00 250,944.00 -17.9% -25.5% Agenda Information Memo June 18, 1996 w�ie- -� ACTIONS TO BE CONSIDERED: To approve or deny a Preliminary Subdivision for Honey Tree First Addition consisting of three lots, previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition. ► To approve or deny a Preliminary Planned Development consisting of two five -story hotels and a Class I restaurant, including on -sale liquor for Lots 1 and 3 of the proposed Honey Tree First Addition. FACTS: The proposed Preliminary Subdivision consists of three reconfigured lots on the 4.83 acre site previously platted as Lots 1, 2 and 3, Block 2, Mari Acres Second Addition. ► The property is currently zoned CSC, Community Shopping Center. The proposed Preliminary Planned Development, as compared to the CSC zoning standards, includes deviations for building height, setbacks, green space, signage, and parking. The APC conducted a public hearing on this proposal at its regular meeting on May 28, 1996, and recommends approval of the Preliminary Subdivision and the Preliminary Planned Development subject to the conditions outlined in the minutes. ISSUES: The primary concern raised about this development proposal was traffic impacts on Nicols Road. The APC directed staff to prepare detailed information regarding the traffic issue for the City Council packet. Staff completed a traffic analysis which concluded that Nicols Road is designed and constructed to accommodate additional traffic generated by the proposed development. A memo from John Gorder, Design Development Engineer, is attached. Another issue raised during the public hearing concerns parking. Since the APC meeting, staff has recalculated the parking requirements and determined that the overall shortage is 28 stalls, not 4 as stated in the staff report. BACKGROUND/ATTACHMENTS: Staff memo, page _tP APC minutes of May 28, 1996, pa es through. Staff report, pages .through. 875"*� i city of eagan TO: Mayor and City Council FROM: John Gorder, Design Development Engineer DATE: June 11, 1996 SUBJECT: Traffic Analysis for Nicols Road Honey Tree Preliminary Subdivision/Preliminary Planned Development MEMO BACKGROUND At the May 28, 1996, meeting of the Advisory Planning Commission, the Commission requested that staff provide to the City Council analysis of the street design and traffic estimates for the proposed Honey Tree development. EXISTING CONDITIONS Nicols Road is a community collector roadway designated to accommodate 5,000 to 10,000 ADT (Average Daily Trips). Nicols Road is 48 feet wide, (four lanes) and designed to State Aid standards (9 -ton design) with a 40 mile per hour design speed. This section of Nicols Road is signalized at its intersections with Diffley Road and Cliff Road. The 1995 weekday 24-hour traffic counts for Nicols Road are as follows: South of Diffley Road - 5,475 ADT North of Cliff Road - 6,868 ADT For reference, the following roadways are classified similar to Nicols Road with associated vehicle traffic: Silver Bell Road (Beau D -Rue to Blackhawk) - 4,250 to 8,000 ADT Wescott Road (Pilot Knob Road to T.H. 149) 4,900 to 8,200 ADT PROJECTED CONDITIONS Using the Institute of Traffic Engineers Handbook, 5th Edition, the proposed development is estimated to generate 2,900 ADT. Assuming a directional split of projected traffic from the proposed development of 30% to the north and 70% to the south, traffic for Nicols Road after full development of the proposed Honey Tree Addition is estimated as follows: South of Diffley Road - 6,345 ADT North of Cliff Road - 8,898 ADT CONCLUSION Nicols Road is designed and constructed to accommodate the existing traffic plus potential traffic generated by the proposed Honey Tree development. Page 14 May 23, 1996 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - HONEY TREE LTD. Chairman Miller opened the next public hearing of the evening regarding a Preliminary Subdivision of 4.83 acres consisting of three lots, Honey Tree First Addition and a Preliminary Planned Development to construct two hotels and a Class I restaurant located west of Nicols Road and bounded on the north, west and south by Erin Drive, in the SW%4 of Section 30 legally described as Lots 1, 2 and 3, Mari Acres Second Addition. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated May 23, 1996. Ms. Dudziak noted the background and history and the surrounding uses of the subject property. Ray Anderson, a representative of Honey Tree Ltd., the applicant, advised that the applicant nor the City are yet certain what will be the parking needs of the proposed use and therefore the shortage of only four stalls is probably insignificant. I'V1r. Anderson noted that the pylon signs are for visibility from the Interstate, while the monument signs are requested for traffic direction into the site. Mr. Anderson stated that the proposed development is a quality development on a quality site and location which makes a great use for the odd -shaped parcel. Mr. Anderson further noted that Country Kitchen will indeed be the restaurant user. He noted that the underground parking ramp/exit maybe changed to provide safer access and therefore may lose a couple more parking spaces. In response to Member Burdorf s inquiry, the applicant stated that a pylon sign is needed for the Sleep Inn hotel, despite the fact that the hotel is 70 -feet high because it needs exposure without putting the sign on the building which maybe intrusive to the residential neishbors. A resident of 2103 Cliffhill Lane stated that he opposed the project on the subject site because of the potential for increased traffic on Nicols Road which is already busy, especially on weekends. The resident noted that he was not opposed to the project itself but to the location. A resident of 4479 Scott Trail stated that he lives directly across Nicols Road from the pond and that traffic safety and congestion is his main concern with respect to the proposed development. A resident of 4477 Scott Trail inquired whether the pond adjacent to the subject site is a protected DNR wetland and if so, how will it be affected. The resident further expressed concern that if the hotels are visible from I -35E, as claimed by the applicant, how visible will the hotels be for the residents living directly across the street. A resident of 2139 Cliffhill Lane inquired whether there were any restraints on the hours of operation, the liquor sale, truck parking, overflow parking, increased traffic and traffic control and visibility from I -35E. In response to these questions, Chairman Miller Page 15 May 23. 1996 ADVISORY PLANNING COMMISSION stated that with a CSC underlying zoning, the hours of operation will be liberal and with a hotel, probably 24 hours. He further stated that with respect to the liquor sale, the applicant will still need to go through the liquor license process before the City Council. Chairman Miller further stated that all parking will be on site and that the City of Eagan does not allow any overnight parking on the street. Development Design Engineer John Gorder advised that Nicols Road is a community collector and designed for high traffic volume. There is an existing trailway on the east side of Nicols Road for use by pedestrians. r The owner of the subject site stated that he was confident that the project -will be a quality use. He noted that the property has been zoned CSC for 27 years and thus there long before the residential neighbors moved in. He noted that he is cognizant of the use on the site and noted that the commercial use study by the City.recommends hotel/motel use in this area. Planner Pam Dudziak stated that Rich Brasch, Eagan Water Resource Coordinator, advised that the pond adjacent to the subject site is a DNR protected body of water, but is not subject to the shoreiand ordinance regulations and that because there is no outflow from the pond to other water bodies downstream, the pond is a lower priority body of water. In response to Member Heyl's inquiry, Development Design Engineer Gorder advised that he does not have traffic counts for Nicols Road but would provide one in the City Council's packet for its review. Mr. Gorder noted that Nicols Road was designed to accommodate future uses along the road and thus the increased traffic In response to Member Richards inquiry, Planner Dudziak advised that there are two access points onto Nicols from the subject site but four accesses onto Erin Drive. In response to Chairman Miller's inquiry, the applicant advised that it is necessary to have a five -story hotel, especially with the conference center hotel which will need to accommodate the conference attendees. Member Heyl stated that the application is a good proposal for the location and consistent with the CSC zoning. She opined that a shortage of four parking stalls was not a significant concern but the increase in traffic is a concern. She stated that a liquor license or the sale of liquor in conjunction with a conference center is compatible. Finally, Member Heyl distinguished this proposal from the Duckwood Hotel proposal mainly on the grounds of the site location. Member Burdorf moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision of 4.83 acres consisting of three lots, Honey Tree First Addition, subject to the following conditions: Page 16 May 28, 1996 ADVISORY PLANNING COMMISSION Standard Conditions 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B27 B3, B4, C1, C2, C45. D1, E1, F1 and H1. 2. The Developer shall replat the property. Grading 3. The grading plan shall be revised to reflect bituminous trail cross -slopes at the City standard of two percent. 4. The Developer shall construct the driveway to the underground parking for Lot 1 with a longitudinal slope of ten percent or gentler. 5. The grading plan shall be revised to reflect parking lot cross -slopes of four percent or gentler. Water Quality 6. The Developer shall meet water quality mitigation requirements through the payment of a cash dedication. Access/Streets/Circulation 7. The driveway access to Lot 3, Honey Tree First Addition, shall align with one of the existing driveway accesses to Lot 3, Block 1 of Mari Acres 2nd Addition. Easements/Right of Wav/Permits S. The Developer shall prepare a cross parking easement agreement to be reviewed by the City Attorney. Parks and Recreation 9. The Developer shall be responsible for a cash parks dedication and a cash trails dedication. 10. The existing trail shall be reconstructed further east to provide more growth space for the landscaping and for vehicle overhang on the parking lot. The exact Page 17 May 28, 1996 ADVISORY PLANNING COMMISSION alignment of the relocated trail shall be determined prior to Final Subdivision approval. Should a portion of the existing trail be relocated on City property, this development shall be required to provide an easement over the remainder to allow for public use of the trail. All approved in favor, except Chairman Miller opposed. Member Burdorf moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Planned Development to construct two hotels and a Class I restaurant located west of Nicols Road and bounded on the north, west and south by Erin Drive, in the SW'/4 of Section 30 legally described as Lots 1, 2 and 3, Mari Acres Second Addition, subject to the following conditions: Approved as part of this Preliminary Planned Development are: Lot 1: a five -story hotel with 122 rooms, including a swimming pool and 4,355 square foot conference center and possibly on -sale liquor. Lot 2: a five -story hotel with 64 rooms and a swimming pool. Lot 3: Class I restaurant, possibly with on -sale liquor. 2. A Preliminary Planned Development Agreement shall be executed. 3. The term of the Preliminary Planned Development shall be six years. 4. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: *Final Site Plan *Final Building Elevation Plan *Final Sign Plan *Final Landscape Plan *Final Lighting Plan 5. The driveway access to Lot 3, Honey Tree First Addition, shall align with one of the existing driveway accesses to Lot 3, Block 1 of Mari Acres Second Addition. 6. Setbacks as identified on the site plan dated May 20, 1996, are approved. c/0 Page 18 May 28. 1996 ADVISORY PLANNING COMMISSION 7. The landscape plan shall be prepared by a Minnesota registered landscape architect or certified nurserypreson in accordance with the provisions of City Code Chapter 11. 10, Subd. 15. 8. The landscape plan shall be revised to allow for sufficient growth space for the spruce trees along the east side of the site. Spruce trees around the base of the building on Lot 2 shall be removed and possibly replaced with amore appropriately sized evergreen material. To provide year round visual screening of the buildings, evergreen trees shall be added to the landscaping on the west side of the property. Spacing of all plantings shall provide sufficient growth space for the plant materials at maturity. 9. Exterior building materials shall be as shown on the approved building elevation plans. 10. Any rooftop mechanical equipment shall be screened and not visible from the public right of way. 11. Approved signage includes the following: (a) two pylon signs on the west side of the site, one on Lot 2 and one on Lot 3; (b) building signage on the north and south building elevations of the hotel on Lot 1, the south and east building elevations of the hotel on Lot 2, and on the south elevation of the restaurant building on Lot 3; (c) one monument sign shall be permitted at each entrance to the site. The pylon signs shall comply with standard setback requirements, be no greater than six feet in height and have a message area of not more than six square feet per side. Building signage shall be as shown on the approved building elevation plans. All approved in favor, except Chairman Miller opposed. rA PLANNING REPORT CITY OF EAGAN REPORT DATE: May 23, 1996 APPLICANT: Honey Tree Ltd. PROPERTY OWNER: Hillcrest Development CASE: 30 -PP -11-4-96 30-RZ-11-4-96 HEARING DATE: May 28, 1996 PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision (Honey Tree First Addition) and Preliminary Planned Development LOCATION: Lots 1, 2, and 3, Mari Acres Second Addition COMPREHENSIVE PLAN: CSC, Community Shopping Center ZONING: CSC, Community Shopping Center Honey Tree Ltd. is requesting approval of a Preliminary Subdivision and rezoning from CSC to PD for a Preliminary Planned Development. The property is located north of Cliff Road, west of Nicols Road, and east of Cedar Avenue (Hwy. 77) and consists of Lots 1, 2, and 3 of Block 2, Mari Acres Second Addition. The site is 4.83 acres in size. The proposed Subdivision consists of replatting the property into three reconfigured lots. The proposed Planned Development consists of two five -story hotels, one of which includes a conference center and possibly on -sale liquor, and a Class I restaurant including on -sale liquor. The project is proposed in three phases, with construction of the Sleep Inn on Lot 2 this year, the restaurant on Lot 3 next year, and the Comfort Suites on Lot 1 as the third phase in 1998. City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. 7C2 Planning Report - Honeytree Ltd. May 28, 1996 Page 2 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 judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. Chapter 11.20, Subd. 8, B., Determination. states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: Planning Report - Honeytree Ltd. May 28, 1996 Page 3 (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." The property consists of existing Lots 1, 2 and 3 of Block 2, Mari Acres Second Addition which was platted in 1981. The property is currently zoned CSC, Community Shopping Center, as is surrounding property. The site is relatively flat and without significant vegetation. There are no existing structures on the site. Along the east property line is a bituminous path which was previously installed. The path apparently was installed in anticipation of future commercial development when Mari Acres Second Addition was platted. The path was intended to provide pedestrian access around the pond to the restaurants and other commercial development in the Cliff and Nicols Road area. SURROUNDING. USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant - Zoned CSC, Community Shopping Center; Guided CSC - Community Shopping Center South - Cliff Place Offices/McDonald's - Zoned CSC; Guided CSC East - Sediment Pond AP-9/Across Nicols Road to the east are residential homes - Zoned Planned Development and Guided D -II West - Erin Drive and Cedar Avenue (St. Hwy. 77)/west of Cedar Avenue are residential townhomes - Zoned Planned Development and Guided D -IV The developer proposes two five -story hotels on Lots 1 and 2, and a Country Kitchen restaurant on Lot 3. The restaurant is 5,170 s.f. in area. The center lot, Lot 2, shows a five story Sleep Inn, which contains 64 rooms and a swimming pool. The northerly hotel on Lot 1, Comfort Suites, contains 122 rooms, a 4,355 s.f. conference center which can seat approximately 250 people, and a swimming pool. Underground parking of 40 stalls is proposed beneath this hotel. Pedestrian access from each building to the trail is identified on the site plan. Planning Report - Honeytree Ltd. May 28, 1996 Page 4 For the purposes of evaluating the elements of the Planned Development, the CSC zoning standards are used as a guide for comparison but are not a strict standard applied to the development. Term - The applicant's proposed term of the Planned Development is ten years. However, the proposed phasing of construction is less than three years. Ten years is a substantial amount of time to lock in property to a particular development. If anticipated phasing for construction is three years, the City may want to retain some flexibility with a shorter term PD than the ten years proposed by the developer. At the expiration of the term, the City would then have the option of extending the PD for a further term, or terminating the PD if it no longer serves a useful purpose. Staff suggests that a six year term may be appropriate since this is twice what the developer anticipates for construction. Phasing - The proposed Planned Development consists of two five -story hotels, one of which includes a conference center, and a Class I restaurant. The project is proposed in three phases, with construction of the Sleep Inn on Lot 2 this year, the Country Kitchen on Lot 3 next year, and the Comfort Suites on Lot 1 as the third phase in 1998. Compatibility with Surrounding Area - The proposed Preliminary Planned Development consists of development on the three lots of the proposed Honey Tree First Addition. The two hotels and restaurant are consistent with the existing CSC zoning of the property and the CSC Comprehensive Guide Plan designation. The Commercial Land Use Study, accepted by the City Council in May 1994, identifies this area around Cliff Lake Center as one of three major commercial nodes in the City. The Study also identified hotels and motels as an emerging industry in Eagan which should be accommodated based on location and scale. The location of this site with easy access to Cliff Road and two major freeways, I -35E and Cedar Avenue (Hwy. 77), makes it desirable for hotel/motel development. Although the five story building height exceeds the typical Code maximum, in this location the added height and intensity of use appears compatible with surrounding development and with the City's adopted plans and policies. The proposal takes advantage of accessibility and visibility to Cedar Avenue. The building height and orientation also takes advantage of visibility from the I-35E/Cliff Road intersection. The site is at grade level with Cedar Avenue and there is a continuous berm along the Cedar Avenue right of way which will serve to screen the parking areas and lower portion of the proposed buildings. Additionally, the site is physically separated from nearby residential properties by the pond and Nicols Road, and there is existing vegetation around the pond which provides screening of the site in addition to the landscaping proposed by the developer. The nearest residences are 500 feet 17r Planning Report - Honeytree Ltd. May 28, 1996 Page 5 away from the structures proposed for this site. Other existing commercial uses and anticipated future land uses adjacent to the site are compatible with the proposed uses for this site. Final Planned Development - A Final PD Agreement will need to be executed prior to beginning construction on each phase of the development. Upon submission of the final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. Access/Street Design - Access to the site is provided in four locations: at the northeast and southeast comers of the site, and two curb cuts on the west side of the site. The Planned Development has joint parking throughout. As discussed in the subdivision analysis, the south access to Lot 3 should be aligned with one of the existing driveway accesses to the office building south of Erin Drive. Height - The Code allows for building heights in excess of 35 feet with a conditional use permit or within a Planned Development. The Comfort Suites is proposed to be primarily a five -story building. However, some two-level suites in the center of the building result in a sixth story over a portion of the building. The building is 61 feet in height, and reaches 68 feet at the highest parapet. The Comfort Suites building on Lot 1 is oriented so that the smaller facades face east toward residential properties and west toward Cedar Avenue. The largest building facades face north toward adjacent CSC - zoned property and south into the site. The Sleep Inn building on Lot 2 is also proposed to be a five -story building, and is 51 feet in height with a tower which is 71.6 feet at its highest point. The additional building height appears to be appropriate for this site. The nearest residential neighborhood is 500 feet away from the proposed buildings and physically separated from the site by Nicols Road and the pond. The site is situated for a dense commercial development with easy access to Cliff Road and to two major freeways, Cedar Avenue (Hwy. 77) and I -35E. Setbacks - Within the CSC zoning district, the required building setbacks and green area are increased five feet for each building story over the allowable 35 foot building height. Except for the Comfort Suites building, these building setbacks are satisfied. The Comfort Suites building is 16 feet short of the required setback from the public right of way on the north and west sides. This setback deviation would not have a great impact to the west because of the freeway or to the north because the adjacent property is also zoned CSC and anticipated for commercial development. The proposed green space is deficient to the typical CSC requirements on Lots 1 and 2, where additional building height is proposed. As a result of shared parking throughout the development, green space is not required in the side yards between lots. The setback and green space requirements and deviations are detailed below. IN Planning Report - Honeytree Ltd. May 28, 1996 Required Provided Deviation Comfort Suites Page 6 151 SETBACKS Sleep Inn GREEN AREA Required in CSC Provided in PD Deviation Required in CSC Provided in PD Deviation Comfort Suites, Lot 1 310 306 - 4 Bldg. Height 61.3 ft. Front (west/north): 46 30 16 50 30 20 Side: 30.6 137 0 25 0 N/A Rear (east): 30.6 80 0 25 20 5 Sleep Inn, Lot 2 Bldg. Height 51 ft. Front (west): 38.25 70.6 0 45 20 25 Side: 25.5 70 & 48 0 25 0 N/A Rear (east): 25.5 63.3 0 25 15 10 Country Kitchen, Lot 3 Front (west/south): 30 68.2 0 20 20 0 Side: 10 54.4 0 5 0 N/A Rear (east): --- 35.2 0 5 35 0 Parking - All parking is shared throughout the PD and will require cross easements for this purpose. The developer should prepare a cross parking easement agreement to be reviewed and approved by the City Attorney. The City Code requires parking lots of more than 50 stalls to have a minimum of five percent of the parking lot area in islands. The site plan shows that this requirement is satisfied. To provide joint parking, setbacks from side lot lines are not provided. The southern part of the site is overparked, providing more than the minimum requirements for both the Country Kitchen and the Sleep Inn. The Comfort Inn on the north part of the site is short 41 parking stalls, however, the entire site is only four stalls short on parking. All parking stalls are proposed to be ten feet wide. Landscaping - A substantial amount of landscaping is proposed around the perimeter of the site and at the building foundations. Because of the additional building height being proposed, year around screening of the building should be provided. Several spruce trees are shown around base of the hotel on Lot 2. Most of these should be removed as there is insufficient growing room around the building. Additionally, evergreen trees and shrubs should be added to the landscaping along the west and north sides of the property to provide year around green and a visual screen R7 Required Provided Deviation Comfort Suites 192 151 -41 Sleep Inn 64 79 +15 Country Kitchen 54 -a d22 TOTAL 310 306 - 4 Landscaping - A substantial amount of landscaping is proposed around the perimeter of the site and at the building foundations. Because of the additional building height being proposed, year around screening of the building should be provided. Several spruce trees are shown around base of the hotel on Lot 2. Most of these should be removed as there is insufficient growing room around the building. Additionally, evergreen trees and shrubs should be added to the landscaping along the west and north sides of the property to provide year around green and a visual screen R7 Planning Report - Honeytree Ltd. May 28, 1996 Page 7 to break up the large building walls. A solid deciduous hedge of lilacs and both evergreen and deciduous overstory trees are provided along the east side of the property. To provide enough growing room for the trees, the trail should be relocated and more space provided between the trees. The final landscape plan should be prepared by a Minnesota registered Landscape Architect or certified nurseryperson. Architecture - The Country Kitchen restaurant is proposed to have vinyl siding and asphalt shingles. The Sleep Inn hotel is proposed to have the signature building architecture consisting of dryvit or similar finish in an eggshell white with grey accents, and steel roof panels in a dark copper or brown color. The Comfort Suites will consist of a dark brown brick on the first two stories on all four elevations. The upper stories will have a dryvit or equivalent finish material in a sandy beige color with brown/gold steel roof panels. It is staffs understanding that the applicant will have color samples available at the public hearing. Rooftop Mechanical - The building elevations do not show any rooftop mechanical equipment. Any rooftop mechanical equipment should not be visible from any public right of way. Lighting - Site lighting is proposed to be mounted on 30 foot poles, spaced to provide two footcandles average minimum light intensity. Signage - The City Sign Code allows building signage only on building elevations with street frontage. One free-standing ground (monument) or pylon sign per building is allowed. When used, a pylon sign is allowed in lieu of a ground sign. When a business is directly adjacent to a freeway, a pylon sign is allowed for freeway identification and a ground sign is also permitted on the side of the property opposite the freeway. This development proposal includes building, monument and pylon signage, and deviates from these strict requirements in that pylon and monument signs are proposed on the freeway side of the property, and building signage is proposed on elevations not having street frontage. The overall signage plan is.designed to take full advantage of the visibility of the site for freeway traffic and traffic along Cliff Road, and to provide identification and direction to motorists once they reach the development site. Building signage is proposed on the south and east tower elevations of the Sleep Inn on Lot 2. These will be internally lit signs. Individual backlit letters are proposed on the north and south elevations of the Comfort Suites on Lot 1. The building signage on the east elevation of the Sleep Inn and the south elevation of the Comfort Suites is a deviation from the strict Code requirements because they do not have street frontage. However, this signage is designed to take advantage of visibility from Cedar Avenue, and from Cliff Road and where Cliff Road intersects I -35E. Building signage is also proposed for the Country Kitchen on the south building elevation above the entrance. Four monument signs are proposed, one for each entrance to the site. The monument signs are all proposed to have a two foot high brick base matching the brick of the Comfort Suites building with an identifying sign panel for each corresponding building. City Code allows only one �S Planning Report - Honeytree Ltd. May 28, 1996 Page 8 monument sign per building so a fourth entrance monument for this site is a deviation from the Code requirements. In addition, with pylon signs proposed for freeway visibility on Cedar Avenue, monument signs on the west entrances also deviate from the strict Code requirements. However, the signs serve different purposes and the intent of the Code appears to be upheld with this proposal. Monument signage should comply with City Code setback requirements, be no greater than six feet in height and have a message area no more than six square feet per side as proposed by the developer. Pylon signs are proposed on the west side of Lots 2 and 3, one for the Country Kitchen and one for the Sleep Inn. The City Code restricts pylon signs to 27 feet in height and 125 square feet in area. The proposed Country Kitchen pylon sign is 26 feet in height and has a sign area of 150 square feet per side. The plans for the Country Kitchen sign also show a changeable message area, but the developer has indicated that the message area would not be included. The Sleep Inn pylon sign is proposed to be 27 feet in height and 132 square feet per side in area. These signs are proposed in addition to the ground signs. Although the site technically is not directly adjacent to a freeway, it is separated from the freeway only by a local street, Erin Drive, which provides the direct access to the site. The pylon signs should not exceed the allowable 125 square feet per side in area. As required by City Code, the pylon signs should be located a minimum of 300 feet apart and meet all standard setback requirements. On -Sale Liquor - The applicant is requesting approval of on -sale liquor use as part of the PD for the Comfort Suites hotel on Lot 1 and the restaurant on Lot 3. For the Comfort Suites, this will allow liquor sales in conjunction with banquets and other such events. The current restaurant in this development is Country Kitchen which would not include liquor sales; however, the developer is requesting approval of on -sale liquor for the restaurant site to accommodate a future restaurant which may include liquor sales. A separate liquor license for each building is also required. Hours of Operation - The City Code restricts the hours of operation for any retail business, restaurant or motor fuel station except for those located two hundred feet or more from any residential use and fronting on a major thoroughfare or commercial service road. In this case, all three proposed uses and buildings will have 24-hour operation. The hotels are not included among the uses subject to restricted hours and the restaurant satisfies the conditions for exception. J&a - The preliminary subdivision shows three lots. Lot 1 is 2.3 acres, Lot 2 is 1.28 acres and Lot 3 is 1.25 acres in area. Grading/ Wetlands - With some modifications, the preliminary grading plan is acceptable. The site gently slopes from west to east toward the wetland to the east of the development. The site is open and was previously graded with construction of Hwy. 77 (Cedar Avenue) and will require a minimal amount of grading to prepare for the proposed building and parking lot construction. FA Planning Report - Honeytree Ltd. May 28, 1996 _ Page 9 The grading plan shows a maximum cut of one foot and maximum fill of two feet. Portions of an existing bituminous trail which runs along the east side of the development are proposed to be removed and reconstructed in conjunction with grading of the site. The preliminary grading plan shows the reconstructed bituminous trail with some cross -slope areas greatly in excess of the City standards cross -slope for trails of two percent. The grading plan should be revised to reflect trail cross -slopes at the City standard of two percent. The preliminary grading plan shows the driveway entrance to the proposed underground parking on Lot 1 with a longitudinal slope steeper than the City standard of ten percent or gentler for private driveways. The developer should construct the driveway to the underground parking on Lot 1 with a longitudinal slope of ten percent or gentler. Also, the parking area south of the entrance to the underground parking on Lot 1 is proposed to be constructed at a cross -slope steeper than four percent which may create an inconvenience for hotel patrons exiting and entering the parked vehicles at such a steep cross slope. The grading plan should be revised to show parking lot cross -slopes of four percent or gentler. There are no jurisdictional wetlands within the development. Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. Storm water runoff from the site is proposed to drain through a private storm sewer system to Pond AP -9 east of the development. AP -9 is classified as a Class 6 Sediment Basin in the City Water Quality Management Plan adopted in 1990, and was purchased by the City for stormwater management purposes. Pond AP -9 drains to the existing storm sewer within Nicols Road. There are no downstream recreational -classified water bodies. Because of the relatively small size of the development and the absence of downstream recreational water bodies, staff recommends a cash water quality dedication for this development. Utilities - The preliminary utility plan is acceptable. An existing trunk sanitary sewer runs along the east edge of the site west of Pond AP -9 and is available for connection by this development. The developer is proposing to connect to this sanitary sewer in three locations to provide service for each of three lots. Water main is available for connection within Erin Drive south, west and north of the site. The developer is proposing to connect to this water main to provide individual service for each of the three lots. Connection to the water main will require the removal and replacement of three street sections of Erin Drive. Access/Streets/Circulation - Erin Drive was constructed in the early 1980s and surrounds the site to the north, west and south. The width of Erin Drive varies from 37 feet wide on the south and west to 48 feet wide north of the site. Erin'Drive intersects with Nicols Road at two locations east of the development. Nicols Road is classified as a community collector roadway in the City Comprehensive Transportation Plan. Planning Report - Honeytree Ltd. May 28, 1996 Page 10 The developer is proposing to take public access onto Erin Drive at four locations. The proposed driveway access location to Lot 3 does not align with one of the two driveway accesses to the office complex to the south on Lot 3, Block 1 of Mari Acres 2nd Addition. Aligning the driveway accesses would help to reduce conflict between vehicles using these entrances. The driveway access to Lot 3 should align with one of the two driveway accesses to Lot 3, Block 1 of Mari Acres 2nd Addition. Easements/Rights of Way/Permits - The plans show shared parking throughout the development. Cross easements between the three proposed lots will need to be provided. The developer should prepare a cross parking easement agreement to be reviewed and approved by the City Attorney. Portions of the trail along the east side of the property will need to be removed for proper grading of the site. The applicant has indicated a willingness to relocate the trail further east. This would allow a larger green space and room for landscaping between the trail and the parking lot and provide space for vehicle overhang along the outside edge of the east row of parking. The relocated trail could remain on the development site in which case a trail easement should be dedicated to the City to provide for public use of the trail. Alternatively, the trail could be reconstructed on the adjacent City property which would likely involve grading on City property to accommodate the trail. This option is preferred by the City because it will allow more space for landscaping along the east edge of the site. Tree Preservation - The site contains no significant trees or woodlands. Parks and Recreation - Cash parks and trails dedications will be required. The landscape plan shows spruce tress installed along the east side of the property between the trail and the parking lot. As proposed, the plans do not provide sufficient growth space for these trees. The landscape plan should be revised to allow sufficient growth space for the trees, and tree spacing should be no closer than ten to 12 feet. Honey Tree Ltd. is requesting approval of a Preliminary Subdivision and Rezoning from CSC to PD for a Preliminary Planned Development on 4.83 acres on Erin Drive west of Nicols Road. The proposed Subdivision consists of replatting the property into three reconfigured lots. The proposed Planned Development consists of two five -story hotels, one of which includes a conference center, and a Class I restaurant. Within the PD, building heights above 35 feet are requested. The proposal includes on -sale liquor for the hotel on Lot 1 and the restaurant on Lot 3. The proposed PD appears to be consistent with existing and potential future surrounding development, the City's Comprehensive Guide Plan and policies established in the Commercial Land Use Study in 1994. The PD and deviations from the typical zoning requirements also appear to satisfy the criteria established in Chapter 11.20 Subd. 8B of the City Code. �o( Planning Report - Honeytree Ltd. May 28, 1996 Page 11 A. To recommend approval or denial of a Preliminary Planned Development for two hotels and a Class I restaurant, including on -sale liquor for the restaurant on Lot 3 and the hotel on Lot 1, Honey Tree First Addition. Approval subject to the conditions listed below: 1. Approved as part of this Preliminary Planned Development are: Lot 1: a five -story hotel with 122 rooms, including a swimming pool and 4,355 square foot conference center and possibly on -sale liquor. Lot 2: a five -story hotel with 64 rooms and a swimming pool. Lot 3: Class I restaurant, possibly with on -sale liquor. 2. A Preliminary Planned Development Agreement shall be executed 3. The term of the Preliminary Planned Development shall be six years. 4. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan * Final Landscape Plan * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. 5. The driveway access to Lot 3, Honey Tree First Addition, shall align with one of the existing driveway accesses to Lot 3, Block 1 of Mari Acres Second Addition. 6. Setbacks as identified on the site plan dated May 20, 1996, are approved. 7. The landscape plan shall be prepared by a Minnesota registered landscape architect or certified nurseryperson in accordance with the provisions of City Code Chapter 11.10, Subdivision 15. 8. The landscape plan shall be revised to allow for sufficient growth space for the spruce trees along the east side of the site. Spruce trees around the base of the building on Lot 2 shall be removed and possibly replaced with a more appropriately sized evergreen material. To provide year around visual screening Planning Report - Honeytree Ltd. May 28, 1996 Page 12 of the buildings, evergreen trees shall be added to the landscaping on the west side of the property. Spacing of all plantings shall provide sufficient growth space for the plant materials at maturity. 9. Exterior building materials shall be as shown on the approved building elevation plans. 10. Any rooftop mechanical equipment shall be screened and not visible from the public right of way. 11. Approved signage includes the following: a) two pylon signs on the west side of the site, one on Lot 2 and one on Lot 3; b) building signage on the north and south building elevations of the hotel on Lot 1, the east and west building elevations of the hotel on Lot 2, and on the south elevation of the restaurant building on Lot 3; c) one monument sign shall be permitted at each entrance to the site. The pylon signs shall comply with standard size and setback requirements in the City Code. The monument signs shall comply with standard setback requirements, be no greater than six feet in height and have a message area of not more than six square feet per side. Building signage shall be as shown on the approved building elevation plans. B. To recommend approval or denial of a Preliminary Subdivision for Honey Tree First Addition. Approval subject to the conditions listed below: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, BI, B2, B3, B4, Cl, C2, C4, DI, E1, F1, and H1. 2. The developer shall replat the property. 3. The grading plan shall be revised to reflect bituminous trail cross -slopes at the City standard of two percent. 4. The developer shall construct the driveway to the underground parking for Lot 1 with a longitudinal slope of ten percent or gentler. 5. The grading plan shall be revised to reflect parking lot cross -slopes of four percent or gentler. (a3 Planning Report - Honeytree Ltd. May 28, 1996 Page 13 6. The developer shall meet water quality mitigation requirements through the payment of a cash dedication. 7. The driveway access to Lot 3, Honey Tree First Addition, shall align with one of the existing driveway accesses to Lot 3, Block 1 of Mari Acres 2nd Addition. 8. The developer shall prepare a cross parking easement agreement to be reviewed by the City Attorney. 9. The developer shall be responsible for a cash parks dedication and a cash trails dedication. 10. The existing trail shall be reconstructed further east to provide more growth space for the landscaping and for vehicle overhang on the parking lot. The exact alignment of the relocated trail shall be determined prior to Final Subdivision approval. Should a portion of the existing trail be relocated on City property, this development shall be required to provide an easement over the remainder to allow for public use of the trail. 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. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Pumits 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 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing -a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 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 LTS05 STANDARD.CON City Council Seiptember 15 1987 Revised: July 10, 1990 Revised:_ February 2. 1993 (o� FINANCIAL OBLIGATION - Honey Tree 1st Addition There are pay-off balances of special assessments totaling $835 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity A nxxmt None (07 0 Rr iFFLEY- IVER LLS ARK 400 U I ZIRCON 5�L A6� SIF CORAL LA. '011' RAM UM -PAP CLI LEA A CO. RD, 32__, LOCATION 14i hill•, , ��fiy �ri,ll,`I��•'Pt, 'lit oil 1\ Ict:3 C3 ION If ILV-N, i 1171 V ( I LAKEC: II W A:Q It wp mill lit l } if pp 161ilh illi lll�, �. 11 1 � ' I �\ 1\1111 11 Av, lit�1�1��411}/ �Illf,l'rllt I. \ tt' .\\ �\`1'\�'\ ���•/ i'!/��- .41 1 VISI :ANII ,, �, I Al 9. LEO t lit 14 it lit k op A;oll Aw j OARKi 7' siI k \\\ 1l �u.11'1I1I111i1iiiill ,n'� l 1\ 1�1i t� 111,0 It '1f 1it F-7- <11 ( C) AREA MAP i^ 7rf a 10 ' Imo" "° .�-•'; .�� f i i i t I �F i i ri_,... • ��"SAI •'' ; N 1 .I t OIL All rFri rrr �I 5555555 •� I�� Pi$ P�$ Pte$ [softit; gEp� ri rg9� s4a� adz= g 0 I� I I I •- I _ I I L— I I I I I I c: I I I I I I I to in V 3 z 1> i 17 1- 4 PRELIMINARY PLAT 11 i I I I L _ I I ; I I I I I I I I I IN r MIS� airy � '0Ilk 1Rii' P i M Ei�f Plo- 1; 1 1 5;11 ;1AMA m � Plo- 1; 1 1 5;11 ;1AMA m � O .6 ,}s Z r 1> r=zi m I z m � Y�rj Z r 1> z SITE PLAN m m D CSO cz ,J 1< i E i 1M m -n x�gs 8S V It 3 A- ;,--, � gra, �9$�!� � b��g b ■/'t m< e; 3S PRELIMINARY ��� GRADING/DRAINAGE 3 i c ,fir -'-'T'- * - X 4c •T• -•- 4c ► 3 1z PRELIMINARY UTILITY/LIGHTING � w dmdgn 83 cm SL P LANDSCAPE I I A -- - - - - -- - - - -- MIME. I I A IAMBI:D- Iv.-u-.79M �-7 e- I I A NNI !l' ! I 1 IE� Ej ^ I� ! D'4 II O kLw .-a Li J ELEVATIONS SLEEP INN 9 l� ELEVATIONS (RESTAURANT) ch w'. V 3.tla�uO�� 2�0� �tNYCI 3v,avyv�<� ¢W Qm6~CW:.%V � V W W EC -991527 W W.jW �1r�=dWCO> O m W N W 2r��rG=Q.e� W O Z<<< 6 Z �wdZZCZ==N <Qe� C� W a N N 6 m� W W < � �iirC $ZH�� `W' it rOW<W I M W J Q U Cn 0 t N m f -- �h C cr) 7 / SIGN ELEVATION c I cc I N n !I w'. V 3.tla�uO�� 2�0� �tNYCI 3v,avyv�<� ¢W Qm6~CW:.%V � V W W EC -991527 W W.jW �1r�=dWCO> O m W N W 2r��rG=Q.e� W O Z<<< 6 Z �wdZZCZ==N <Qe� C� W a N N 6 m� W W < � �iirC $ZH�� `W' it rOW<W I M W J Q U Cn 0 t N m f -- �h C cr) 7 / SIGN ELEVATION SLEEP INN SIGNAGE PACKAGE 0 jam.-1� � •i� Wroa.m ?1-33 _ zC z__ -ae� =nn e_Zas are -- thcse Shown -.. ne ^r e' _o+.s sec ---n :r.der :ne "Regent =.i ALL- iO T SIGNS C DIRECTIONAL SIGI�i '�e-satiie w e-: Msec as Si:DDieale'1,3; Ci GL�� � sit..^.a$.. MCDEZ# 3132 Z:-32 SLSi 1^Z'X9' singe-faca cabinet only B MID -RISE SIGN The ZI-144 Regent sign is the primary identification for a Sleep Inn. This sign is installed at a height of approximately 25 to 30 feet. ?LODE • BI'E ZT-144 SLM 12'x1_ Double -:ace cam:net Monument base A- a convenience for arriving Z%!ts: , Sleet I= offers the Reg_::, Direc:ionai signs. These signs are meant to clearly identify property entrances and exits and direct traffic flow. They are available in monument style and installed at heights up to 6 feet. &0--D&L; BT?E ZI-7 DR!! 2'x5' Monument sign, copy: ENTER/EX.T or Sleep Inn CHOICE HOTELS I N T E R N ; T 1 0 N A L M 4' SIGN ELEVATION Agenda Information Memo June 18,1996 Eagan City Council Meeting 6 ADOPT ZONING MAP - CITY OF EAGAN ACTION TO BE CONSIDERED • To approve or deny the publication of a Summary Ordinance adopting the City of Eagan Zoning Map pursuant to Section 11.2, Subd. 2 of the City Code incorporating changes since the last map publication, administrative changes and correction of errors in the previously published map. FACTS • The last official map update was published in January 1991. The proposed map dated March 27, 1996 includes: 1) administrative corrections in the Bur Oaks neighborhood identified in Exhibit A of the planning report; 2) rezonings of 95 properties since 1991 as listed in Exhibit B; and 3) rezoning to PF (Public Facilities) for park land that was not rezoned at the time of acquisition as listed in Exhibit C. • The proposed map does not include rezonings that have been approved since January 1, 1996, but all zoning amendments approved this year to date will be incorporated in the final published version of the Zoning Map. The map has been developed in a Geographic Information System with the assistance of the Dakota County Economic Development Partnership grant. This format will facilitate more frequent updates in the future. • The Advisory Planning Commission held a public hearing at its regular meeting of May 28, 1996. All property owners affected by administrative changes were notified of the hearing on the Zoning Map. One resident from the Selmark Addition spoke at the meeting and questioned the impact of this zoning change on her property's value. BACKGROUND/ATTACHMENTS: (4) City of Eagan Ordinance, pageslQ9.4s APC Minutes of May 28, 1996, pages May 23, 1996 Planning Report, pages 4Z_i--through March 27, 1996 proposed Zoning Map included under separate cover. SE�BY 612 432 37eo 6-14-96 :10:13AM SEVERSON SHELDON- 681 4694:# 21 2 CITY OF EAGAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, ADOPTING TR ZONING MAP OF THE CITY OF EAGAN, MINNESOTA, PURSUANT TO SECTION 11.20, SUBD. 2 OF THE CITY CODE REGULATING USE DISTRICTS. The following is the official summary of Ordnance No.. approved by the City Council of Eagan on June 18, 1996: The boundaries of the land use districts for lands within the City of Eagan, Minnesota, arc established as shown on that certain map entitled "Zoning Map of the City of Eagan, Minnesota" which map is properly approved and filed in the office of the City Clerk and referred to as the "Zoning Map." A printed copy of the Zoning Map is available for inspection by any person during regular office hours of the office of the City Clerk at Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota 55122. This ordinance shall take effect upon its publication I ac) A Page 19 May 28, 1996 ADVISORY PLANNING COMMISSION ADOPT ZONING MAP - CITY OF EAGAN Chairman Miller opened the next public hearing of the evening regarding adoption of revised zoning map including changes since the last map publication, administrative changes and correction of errors in the previously published map. Planner Freese introduced this item. Ms. Freese highlighted the information presented in the City staffs planning report dated May 23, 1996. Ms. Freese noted the background and history of this item. a A resident of 149 Chapel Lane inquired as to the purpose of this item and inquired whether it is to rezone her property. Senior Planner Freese explained to the resident the purpose of the item. Member Heyl moved, Member Burdorf seconded, a motion to recommend approval of the revised zoning map including changes since the last map publication. administrative changes and correction of errors in the previously published map. All approved in favor. /"-2 l PLANNING REPORT CITY OF EAGAN REPORT DATE: May 23, 1996 APPLICANT: City of Eagan PROPERTY OWNERS: See Exhibit A, B & C REQUEST: Citywide Zoning Map Update LOCATION: City-wide COMPREHENSIVE PLAN: Not Applicable SUMMARY OF REQUEST CASE #: ZC-1996-Map HEARING DATE: May 28, 1996 PREPARED BY: Lisa J. Freese The City of Eagan is updating its published Zoning Map. The proposed map included in the Advisory Planning Commission packet incorporates all zoning changes approved by the City Council since the last map publication dated January, 1991. The proposed map also includes errors and omissions identified in that previously published map, recent public park acquisitions not rezoned when acquired by the City, and an administrative correction for zoning in the Burr Oak Neighborhood identified during the map review. All property owners affected by this administrative change have been noticed of the hearing on the zoning map. AUTHORITY FOR REVIEW City Code Section 11.20 Subd. 2 states that zoning district boundaries are "established as shown on that certain map entitled "Zoning Map of the City of Eagan, MN", which map is properly approved and fled.... Said map and all of the notations, references and other information shown therein and are hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length." The Code also requires that the Zoning Map be maintained and made available to the public. To properly approve and file the Zoning Map, the Amendment process of City Code Section 11.40 shall be applied. The Planning Commission is required to give notice of said hearing regarding the zoning map amendment. After the hearing and recommendation by the Planning Commission, the City Council shall take action on the Zoning Map and direct republication of the map. BACKGROUNDMISTORY The last official map update was published in January, 1991. Several administrative corrections are shown on the proposed map. Exhibit A lists 35 properties found in the Selmark and Harvey Additions in the Burr Oaks Neighborhood that were zoned R-4, but developed as single family and townhomes. The proposed map corrects this error. (ay Planning Report Zoning Map May 23, 1996 Page 2 Exhibit B lists 95 properties that rezoned since 1991- These properties are included in proposed map. Exhibit C lists 16 properties that the City has acquired as park -land and were not officially rezoned at the time they were acquired. The properties will be rezoned to P, Public Facilities as a part of this zoning map update. The proposed map does not include rezonings that have been approved since January 1, 1996 but all approved zoning amendments at the time of City Council action on the zoning map update will be incorporated in the final published version. The map has be developed in a Geographic Information System (GIS) and this will facilitate more frequent updates. Staff is recommending annual updates to the published map. ACTION TO BE CONSIDERED To recommend approval or denial of the publication of the City of Eagan Zoning Map incorporating changes noted in Exhibits A, B and C and all rezonings approved in 1996, updating this map to June 4, 1996. ��3 Exhibit A ADMINISTRATIVE CORRECTIONS -1996 Zoning Map Update NEW ZONE OLD ZONE TAXPIN OWNER R-3 R-4 106710008001 DODD LANE ASSOCIATION R-1 R-4 106710001001 TERRY M & CINDY KOHN R-1 R-4 106710001003 DAVID T & DEBRA A GREEN R-1 R-4 106710002003 JOHN R CRAWFORD R-1 R-4 106710003003 RICHARD E SCHINDELDECKER R-1 R-4 106710002001 THOMAS & KATHLEEN BRAZEAU R-1 R-4 106710003001 ROBERT & KATHLEEN TKACHUCK R-1 R-4 106710001002 DANIEL K & SANDRA BOCHE R-1 R-4 106710002002 ROGER LINDSTROM R-1 R-4 106710005003 ELLA C ENGLERT R-1 R-4 106710004001 RICHARD & JUDITH DAHL R-1 R-4 106710004002 CRAIG A & MONICA D OLSON R-1 R-4 106710003002 LOWELL O & JULIE A ENGLERT R-1 R-4 106710006003 ROBERTA L NORDAHL R-1 R-4 106710005001 JAMES & MARGARET DILLEY R-1 R-4 106710013003 DAVID P MANNINEN R-1 R-4 106710008003 TERRACE & SHIRLEY STOFFERAHN R-1 R-4 106710006001 ROBERT F MILLER R-1 R-4 106710012003 CHRISTOPHER & KARLA GRUBB R-1 R-4 106710007001 ROBERT D & NANCY TREICHEL R-1 R-4 106710011003 JAMES R SCHROER R-1 R-4 106710010003 RODNEY L & EVON S VIK R-1 R-4 106710009003 SHEILA A JACOBSEN R-1 R-4 103200113001 LYLE D & MARLENE HETZNECKER R-1 R-4 103200108001 JAY S ERICSON R-1 R-4 103200107001 M DYER R-1 R-4 103200102001 JOHN M & SUSAN M BAHRKE R-1 R-4 103200101001 HALLET R & EVELYN E WHITE R-1 R-4 103200112001 RONALD J & SHIRLEY R DRILL R-1 R-4 103200109001 PAUL EDWARD HEUER R-1 R-4 103200106001 RICHARD R & DELORES HEIMKES R-1 R-4 103200103001 DARREL F & MADONNA R LACHAPPELLE R-1 R-4 103200110001 LYNN R & BONNIE UTERMARCK R-1 R-4 103200104001 TIMOTHY Q & DEANNA L HOMMERDING R-1 R-4 103200111001 PAUL M & RITA CHAMBERLAIN R-1 R-4 103200105001 DANIEL A & MARY BLECHINGER Exhibit B REZONINGS SINCE 1991 (Included in 1996 Zoning Map Update) Application # 29-RZ-1-1-95 31-RZ-2-2-95 19-RZ-3-2-95 4-RZ-44-95 10-RZ-45-95 32-RZ-6-5-95 30-RZ-7-5-95 15-RZ-8-5-95 36-RZ-9-5-95 28-RZ-10-5-95 1788-RZ-11-6-95 23-RZ-13-7-95 32-RZ-14-8-95 30-RZ-15-9-95 14-RZ-18-11-95 22-RZ-19-11-95 16-RZ-20-12-95 36-RZ-4-1-94 24-RZ-5-2-94 31-RZ-7-3-94 31-RZ-8-4-94 27-RZ-9-4-94 14-RZ-11-5-94 14-RZ-10-5-94 30-RZ-12-6-94 36-RZ-13-6-94 14-RZ-14-6-94 27-RZ-15-6-94 13-RZ-17-7-94 21-RZ-20-9-94 36-RZ-21-10-94 28-RZ-23-10-94 20-RZ-24-11-94 12-RZ-25-11-94 21-RZ-26-11-94 32-RZ-27-11-94 32-RZ-28-12-94 17-RZ-30-12-94 14-RZ-31-12-94 16-RZ-1-1-93 25-RZ-3-2-93 23-RZ-5-3-93 32-RZ-6-3-93 14-RZ-7-5-93 30-RZ-8-5-93 25-RZ-9-5-93 24-RZ-10-5-93 14-RZ-11-5-93 36-RZ-12-6-93 22-RZ-13-7-93 Name Mallard Park 4th Addtion Whisper Woods Eleventh Eagan Heights Townhomes Eagan Woods Office Park 2nd Eagan Promenade Oakpointe of Eagan ParkCenter 5th Additon Town Centre 100 16th Addtion SE Eagan Easter Lutheran Church Riverpark Office Center Soderholm Addition Rahncliff 2nd Park Center 6th Addition Westcott Hills 5th Fox Forest Addition Kingswood Ponds Pines Edge Stonebridge Ponds 2nd Addition Cedar Heights Hadler Park Addition Vantage Point Verdant Acres Trails End Park Ceter 4th Addition Red Pine School Red Oaks Easter Addition West Publishing Deerwood Pointe Pines Edge 2nd Addition Oak Ridge Nod Hart City of Eagan Deerwood Townhomes Rahn Cliff 4th Addition Ridgecliffe Woods Blackhawk Forest Wescott Hills Revised 2^.d Duckwood Crossing Hawthorne Woods 3rd Addition Gandenwood Ponds of Eagan Rahn Cliff 1st The Woodlands 4th Addition Park Center 4th Majestic Oaks Stonebridge Ponds Thorpe Woodland Gardens Lakeview Trail 2nd Addition Rooney Addition Section 28 829 31 19 4 10 32 30 15 36 28 1788 23 32 30 14 22 16 36 24 31 21 14 14 14 30 36 14 27 13 21 36 28 20 12 21 32 32 17 14 16 25 23 32 14 30 25 24 14 36 22 Acres Old Zone 6.7/33.33 RB/R-4 20.97 A 26.03 CPD 120 PD PD(LB) PD 13.08 PF 4 1-1 12.9 A 52.55 1-1 PD(R-4) PD(Retail) PD R-4 5.5 A 2.5 A 25.24 A 1.28 A 17.31 A PD(MED OFF) 5.92 A 4.9 A 5A PD(retail) 13.06/88 A/1-1 2A 0.8035 A PD(IND) 1.72 A 0.89 P 8.116 R-4 LB 0.25 R-4 7.74 A/PD PD(office) 2.6 AG NB/R-3 R-4 PD 6.25 A 90.92 A RB 15 A PD(Bank) 20 A 10 A 10 A 0.22 A 10 A New Zone R-1 R-1 PD(RES) PD(OFFICE/Hotel PD(COM/APTS) PD(R-3) PD LB A PF PD PD(COM) PD(Rest) PD R-2 R-1 R-1 R-1 R-1 R-1 PD(OFF) R-1 R-1 R-1 PD (rest) P R-1 P PD(OFF) R-1 R-1 PD R-1 AG R-3 PD(rest/hotel) R-1 R-1 R-3 PD(rest) R-1 R-1 CSC R-1 PD(Video) R-1 R-1 R-1 R-1 R-1 32-RZ-14-7-93 Rahlcliff 3rd 32 PD(retail) PD(motel) 25-RZ-17-9-93 Autum Ridge 4th Addition 25 5.1 A R-1 31 -RZ-1 8-9-93 Whispering Woods 8th 31 2.68 A R-1 25-RZ-19-9-93 Lyman Development 25 1.58 A R-1 28-RZ-20-10-93 Safari at Eagan 2nd Addition 28 PD PD(ent) 15-RZ-22-10-93 Town Centre 100 Twelfth 15 6.7 PD(CSC) PD(Movie theatre) 16-RZ-24-12-93 Pondview Townhomes 16 10 A R-3 10-RZ-25-12-93 Eagandale Lamay Lake 10 5.77 GB/NB PD 32-RZ-27-12-93 Galaxie Hills Oaks 32 1.4 R-3- R-1 31-RZ-28-12-93 Whispering Woods Tenth 31 0.6 A R-1 21-RZ-1-1-92 Deerwood Ponds 21 16.9 R-3 R-1 30-RZ-2-1-92 Meghan's Addition 30 10.63 NB R-3 22-RZ-3-1-92 Wescott Addition 22 15.01 A P 14-RZ-4-2-92 Great Oaks 14 17.1 PD(R-4) R-1 01-RZ-6-3-92 Cray Research 1 20.98 PD PD (R&D) 21-RZ-7-3-92 Deerwood School 2nd 21 23.48 A P 26-RZ-8-3-92 Lexington Pointe 8th 26 PD(CSC) PD(R-1) 25-RZ-9-4-92 Hawthorne Woods North 25 8.8 A R-1 18-RZ-10-4-92 US Fish & Wildlife 18 13.01 1-1 P 36-RZ-11-3-92 Lakeview Trail Addition 36 19.5 A R-1 31-RZ-12-5-92 Oak Cliff Addition 31 R-2 R-1 25-RZ-13-5-92 Hawthorne Woods West 25 9.1 A R-1 25-RZ-14-6-92 St Thomas Becket 25 33.11 A P 16-RZ-16-6-92 Duckwood Crossing 16 PD(Retail) PD (rest) 21 -RZ-1 7-7-92 Wenzel Addition 21 40 A PD 31 -RZ-1 9-7-92 Whispering Woods 9th 31 5.2 A R-1 31-RZ-20-7-92 Oak Cliff 7th Addition 31 PD(retail) PD(rest/hall) 31-RZ-21-7-92 Whispering Wood 7th 31 1.43 A R-1 27-RZ-22-7-92 Anthony Caponi 27 58 A P 13-RZ-23-8-92 West Publishing 13 2.2 1-1 PD 15-RZ-25-9-92 Town Centre 100 11th 15 3.19 PD(LB) PD(CSC) 10-RZ-26-10-92 City of Eagan/RTC Prop 10 57 R-3 1-1 30-RZ-27-10-92 Park Center 3rd Addition 30 PD PD(rest) 21-RZ-28-11-92 Signal Point 21 7.79 PD(LB) R-1 9-RZ-29-11-92 Four Oaks Estates 9 8.8 R-3 E 21-RZ-30-11-92 Engstroms Deerwood 2nd 21 2.38 PD(R-3) PD (R-1) 16-RZ-31-13-92 Pondview Townhomes 16 11.3 A R-3 13-RZ-1-1-91 West Publishing 13 PD (SF) PD 14-RZ-2-1-91 Willbrook Addition 14 3.21/6.77 AG/PD(R-1) R-1 31-RZ-3-1-91 Semper Holdings 31 10 P CPD 31-RZ-6-5-91 WhisperingWoods 6th 31 0.877 A R-1 01-RZ-7-9-91 Cray Research 1 40 R-1 PD 36-RZ-8-11-91 Weston Hills 36 64 A R-1 25-RZ-9-12-91 Hawthorne Woods 25 50.95 A R-1 28-RZ-10-12-91 Wexford 28 37 PD(R-4) R-1 Exhibit C City Park Aquisitions Zoning Changes PIN 1402723130031 1402723130030 1402723130029 1402723130028 1402723130027 1602723570028 1602723750058 2802723770005 2802723750006 3602723130013 3602723130004 3602723130002 3602723130005 3602723130006 3602723150001 3102723170037 Wescott Wescott Wescott Wescott Wescott Blackhawk Blackhawk Thomas Lake Thomas Lake Holz Farm Holz Farm Holz Farm Holz Farm Holz Farm Holz Farm Kettle Park ZONING COMP PLN PK D -III PK D -III PK D -III PK D-111 PK D -III PK P PK P PK P PK P PK D-11 PK D-11 PK D -II PK P PK P PK P PK D -II /27 Agenda Information Memo June 18, 1996 Eagan City Council Meeting C. RESOLUTION, APPROVING THE LEVY OF THE TRANSIT TAX ACTION TO BE CONSIDERED: To approve or deny the resolution approving the levy of the transit tax. FACTS: • The 1996 legislature added a provision to the opt -out statutes providing opt -out cities the authority to levy directly up to 88% of the transit tax to be assessed to their communities. • The levy is passed directly to the transit providers by the individual cities and not controlled by the Met Council. • If the opt -out cities do not levy the full 88%, the Met Council will levy the difference and use it for regional transit needs. The certification is required to be completed by June 30. • The transit levy becomes part of the City's tax capacity rate for truth in taxation and tax statement purposes. An explanation will be provided on the truth in taxation notice. • Additional information was provided in the June 7, 1996 informative memo. ATTACHMENTS: • Resolution on pageJ�__ f CITY OF EAGAN RESOLUTION NO. 96 APPROVING THE LEVY OF THE TRANSIT TAX WHEREAS, the City of Eagan is a City that is eligible for assistance under Minnesota Statutes § 473.388; WHEREAS, pursuant to Minnesota Statutes § 473.388, subd. 7, in lieu of receiving financial assistance from the Metropolitan Council to operate transit, the City has the option commencing in 1996 for taxes payable in 1997, and each year thereafter, to levy a transit tax; WHEREAS, in any year that the City exercises the option to levy the transit tax, it must levy an amount sufficient to maintain the level of transit service provided in the City in the previous year to a maximum of 88% of the transit tax revenues for the transit levy year; WHEREAS, the Commissioner of Revenue shall certify to the City by June l of each year the maximum levy limitation under § 473.388, subd 7; WHEREAS, the City must notify the Commissioner of Revenue and the Metropolitan Council before July 1 of each year of its intent to levy the transit tax, which notification must include the amount of the City's proposed transit tax. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby elects to levy the transit tax for the tax year payable 1997 in the amount of $2,125,982, the maximum levy limitation certified by the Commissioner of Revenue. This dollar amount includes HACA and will be reduced to produce a net tax levy when the State Revenue Department certifies the 1997 HACA. Adopted by the City of Eagan this 18th day of June, 1996. Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 1, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18th day of June, 1996. E. J. VanOverbeke, City Clerk City of Eagan �a7