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05/07/1996 - City Council RegularF AGENDA EAGAN CITY COUNCIL - JUGULAR MEETING MUNICIPAL CENTE]k BUILDING May 7, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) 1 V. 6:30 - UNVEILING OF THE MAYORS' GALLERY VI. CONSENT AGENDA (PINK) 2w A. PERSONNEL ITEMS B. CHANGE'ORDERS, Municipal Center Building Project C. SUBSTANTIAL COMPLETION AND ACCEPTANCE, Eagan Police Facility D. RATIFY, Authorization to Prepare Highway 55/149 Redevelopment Tax Increment Financing District Plan and Schedule Public Hearing on June 4, 1996 11E. MASSAGE THERAPY LICENSE, Jessica Kittleson at Lifetime Fitness r-F. APPROVE Agreement with R.L. Youngdahl & Assoc., Inc., for Insurance , Ill Brokerage Services 'G. APPROVE Senior Citizen Special Assessment Deferment - Project #643, Oslund f Timberline H. FINAL SUBDIVISION, Wayne Brekken for Delosh Addition located north of Skyline Drive, south of Highview Terrace and west of Highview Park I. EXTENSION OF PRELIMINARY SUBDIVISION, Phillips Petroleum Company for Indy Lube located on Outlot A of the George W. Giles Addition just north of the Phillips 66 station on Pilot Knob Road P S' J. PROJECT 701, Receive Feasibility Report/Order Public Hearing (South Hills - Street Rehabilitation) OK. CONTRACT 94-04, Approve Final Payment/Authorize Acceptance (Englert Rd - `` Streets & Utilities) . VACATE PUBLIC RIGHT-OF-WAY, Receive Petition/ Schedule Public HEaring (Yankee Doodle Court and Kutoff Drive) M. PROJECT 706, Receive Feasibility Report/Order Public Hearing (Wilderness Run Road - Overlay). APPROVE Revised Traffic Signal Agreement (Lone Oak Road & 35E) P'3 1 . CONTRACT 96-07, Approve Plans/Order Ad for Bids (Hayes & Delosh Addition - i Storm Sewer) ybP. VACATE UTILITY EASEMENT, Receive Petition/Schedule Public Hearing (Government Lot 6 - Proposed Senneca Hills Addition) . Q. APPROVE Arbor Day Resolution R. APPROVE AGREEMENT, School District #196 for Joint Park/School - Red Pine Elementary S. APPROVE AMENDMENT TO AGREEMENTS, School District #196 for Play Equipment Inspection at Joint School/Parks - Woodlands & Oak Ridge Elementary T. PROCLAMATION, Eagan High School "Blue Ribbon School of Excellence" ®U. Notice to Terminate Municipal Building's Refuse Hauling Service and TVI.Authorization to Solicit Bids 7:00 - PUBLIC HEARINGS (SALMON) A. VARIANCE, Heartland Homes, variance of 4' from the City Code requirement of 30' for setback from the public right-of-way for Lot 1, Block 1, Verdant Acres located on Woodland Court just north of Woodland Trail B. VARIANCE, Jack Skoglund, variance of 11' to the City Code requirement of 30' for a setback from the public right-of-way for a garage addition on a residential corner lot for Lot 51, Block 6, Beacon Hill located on the southwest corner of Covington Lane and Beacon Hill Road f�%C. BUILDING MOVE PERMIT, Thomas N. Tweeten, to relocate a barn from Rosemount, to 4711 Dodd Road located south of Cliff Road and east of Dodd Road D. VACATE Drainage and Utility Easement (Lot 1, Block 2, Eagandale Office Park) E. PROJECT.699, Safari at Eagan 3rd Addition (Pond & Street Improvement) PROJECT 700, Carol and Hall Street (Utilities Improvement) PROJECT 680, Cliff Road (Upgrade) VIII OLD BUSINESS (ORCHID) A. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL, Dart Transit for Eagandale Corporate Center east of Lexington Avenue and north of Yankee Doodle Road VV IX ' NEW BUSINESS (TAN) A. ORDINANCE AMENDMENT - CITY OF EAGAN, an ordinance amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by changing Section 11.20, Subd. 7.A "P" Public Facilities District to delete the following: "provided any such purpose is not a commercial profit making enterprise." 00B. CONSIDER ACQUISITION, 3.52 Acre Tax Forfeiture Parcel of Land North of Royal Oak Circle C. REZONING AND PRELIMINARY SUBDIVISION - PRINCIPAL CONSTRUCTION, INC., a r rezoning of 3.52 acres (Lots 1, 2, 3, and 4, Royal Oak Circle 2nd Addition) from R-4 (Multiple) to R-3 (Townhouse) and a Preliminary Subdivision (Royal Oak Circle 4th Addition) consisting of 3.52 acres and 24 townhome units located on the west side of Federal Drive, south of Yankee Doodle Road, in the NE 1/4 of Section 16 !1 D. COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN, a comprehensive guide plan amendment changing the land use from Industrial (IND) to D -I Single Family (0-3 units/acre) for property legally described as McKee Addition, McKee Second Addition, and McKee Third Addition located on the east side of Lexington Avenue, north of the post office, in the SW 1/4 of Section 2 E. PLANNED DEVELOPMENT AMENDMENT - TORGERSON PROPERTIES, an amendment to the Rahncliff 2nd Addition Planned Development to allow the sale of liquor on Lot 2, Block 1, Rahncliff 4th Addition located south of Cliff Road, east of Rahncliff Road in the NW 1/4 of Section 32 F. LICENSE, On -Sale Liquor, Nue & Torgerson, L.L.P. dba Green Mill Restaurant, Rahncliff Court G. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - JMS DEVELOPMENT CORPORATION, a comprehensive guide plan amendment changing the land use form D -III, Mixed Residential, (6-12 units/acre) to D -I Single Family (0-3 units/acre), a Rezoning of .6 acres from R-3 (Townhouse) to R-1 (Single Family), and a Preliminary Subdivision (Blackhawk Acres Fourth Addition) consisting of two 12,000 square foot single family lots currently platted as Outlot C of Blackhawk Acres Second Addition located north of Silver Bell Road and west of Blackhawk Road in the SE 1/4 of Section 17 H. PLANNED DEVELOPMENT AMENDMENT - PRECISION TUNE, An Amendment to the Preliminary Planned Development of Outlot A, George W. Giles Addition located north of Duckwood Drive and west of Pilot Knob Road in the NE 1/4 of Section 16 r I. REZONING - INDUSTRIAL EQUITIES & RES INVESTMENTS, a Rezoning of approximately 11 acres from PD (Planned Development) to BP (Business Park), for property currently platted as Robins Addition, Outlots A -D, located on the west side of Highway 149 in the NE 1/4 of Section 2 J. FINAL PLAT - M.E.P.C. AMERICAN PROPERTIES, INC., for Eagan Commerce Addition located on Trapp Road, north of Corporate Center Drive and south of I-494 K. REQUEST to Restrict on Street Parking (McCarthy Road at T.H. 13) '+o L. CONTRACT 96-11, Receive Bids/Award Contract (Yankeee Doodle Road) M. CONSIDER Initiating Land Use Trucking Study lr�N. EXTENSION OF PRELIMINARY SUBDIVISION, Bryan Hayes for Hayes Addition located ' east of Highway 13 and abutting the west side of Bridgeview Terrace X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (BUFF) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. 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 states 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 96h ours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 3, 1996 SUBJECT: AGENDA INFORMATION MEMO FOR MAY 7, 1996 EAGAN CITY COUNCIL MEETING ,�„���%'„GE1�f�A1,APP1�tfJVE1V�Iiy;L�T After approval of the May 7, 1996 City Council agenda, the March 26, 1996, April 9, 1996, April 16, 1996 and April 23, 1996 Special City Council minutes and April 16, 1996 regular City Council meeting minutes, the following items are in order for consideration. ' EIh�NG OF THE MAYORS". GALLERY The Eagan Historical Society has placed a high priority on the creation of a gallery of mayors' portraits to be displayed in the new City Hall. The pictures will be unveiled at the beginning of the City Council on May 7. On behalf of the Historical Society, Councilmember Ted Wachter will lead the event. The former mayors have been invited to attend the meeting to participate in the unveiling. Following the unveiling, there will be a brief opportunity for photos before the continuation of the meeting. MINUTES OF: •SFr ::W TING OF THE EA : 3T.--toMMIL Et:GAN, MINNES`A ARCH 25, 1996...: A special meeting of the Eagan Cifytouncil was held on Monday, March 25, 1996, at 6:30 p.m. at the St. John Neumann Catholic Church at 4030 Pilot Knob Road. Present were Mayor Egan, Councilmembers A`vada, Hunter, Masin, Wachter. Also present were City Administrator Tc#Oii.*WAg4 :fit -:k,' .Attorney Jim Sheldon. Mayor Egan opened the public meefft of th$.&ening regarding a request by Pulte Homes of Minnesota for a comprehensi � land Uo- guide plan amendment from PF, Public Facilities, to D -II, Mixed Iid#ia(#1- pts per acre) for approximately 120 acres of property located south of -:*-Y 6k6e D6W1e. load between Lexington Avenue and Wescott Drive in the South '/z of Section 14. Mayor Egan noted that this public meeting immediately follows the Advisory Planning Commission's public hearing on the same item and that the matter is before the City Council for discussion by Councilmembers and City staff. Councilmember Hunter stated that'hi?'ri~f,*r-sjo the letter of John Bloomquist of the Carriage Hilts Coalition of the stated s'ationale. fqQ ;::denying the request. Member Hunter further stated that the City has always k1W.' 6-' --comprehensive guide plan to support and deny use. changes. Member ;;1.ti :r.-'-&hcluded that the applicant or the property owner is not without a reasonaW:'i se of the property, that a golf course is a reasonable use of the property and has been for approximately 30 years. Councilmember Masin noted that the applicant and the propem• owner have every right to make the requestii mad:#ti :iia€ t}t:a serve respect from the neighboring residents even if their request is opposed -:.j9. em cf'f'asin stated that while she sat on the City Park Commission, the concern has al.ys be that the City does not have enough recreational facilities. She stated that becai# a the i 4nge to the designation would result in the loss of a recreational facility for thetity, she4poses the application. Councilmember Awada stated that she opposes the request for all the reasons stated by the residents during the APC meeting and by the APC members. She noted that through streets through the residential neighborho cis should the proposal go through is a grave safety issue. ... Councilmember Wachter 'states 't iat'11t' Win* an Advisory Planning Commission member when theproperty owner came to the Cit ;for approval for the golf course. He stated that he supported the use back then and as a�:'ienvironmentalist and conservationist, Page 2 March 25, 1996 EAGAN CITY COUNCIL he supports the continuing use of thi~.�property under 'i'PF designation. Member Wachter further stated that residential develoliigt would cr'too high of a density in the area. Mayor Egan noted that the propertyy'ti`'and applicant have a significant burden of proof and are required to show that Eagan will be better off with a comprehensive guide plan amendment to Mixed Residential. Mayor Egan stated that the applicant or property owner did not provide any..;gya, pce of a. material change or a mistake in the original designation as to justify the :1gaon now. Mayor Egan stated that he opposes a designation change for the foll�ir►g reiins: (1) the change would have an adverse environmental impact to the trees .aad wetlands on the property; (2) the infra- structure, including streets, access And.. VOW wo A be adversely affected; (3) the surrounding area would be adverse ; t'eci :1} r &I line in the property values of the people who purchased the property in reliance ori "the plan designation and present traffic; (4) the City's housing and supply goals are currently met and the change will surpass those goals; (5) the existing school systems will be adversely affected; and (6) the change will result in a loss of open space, wildlife habitat and recreation facility for the City. Mayor Egan further noted that theUcnt's only evidence to support the change is that ...,.....; ., ..•. there is a market for the type of housing:if#red which is merely an economic reason for the applicant. Councilmember Awada moved.;#tr� ir..Od ':itie City Attorney to draft a City Council Resolution denying the application a t&t6uncilmember Wachter seconded the motion. All approved in favor. Member ADJOUIR- TAl i NT.T.-yy moved, Member motion to adjourn the March 25, 1996, City Council meeting at 9:40 p.m. All present voted in favor. Dated: City Clerk..... seconded, the MINUTES OF A REGULAR MEETING OF THE .r ............. j�� ...... ..A ty EA N -SQ-Ti. ..APRIL 16,199k.7. A regular meeting of the Eag AM00"I was held on April 16, 1996, at 6:30 p.m. at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, 55122. Present were Mayor Egan, Councilmembers Awada, Hunter, Masin, Wachter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert and Ci -kn-Sheldon. APPROWAGENDA Councilmember Wachter seconded, a motion to approve the Agenda as amended by adding*'Iff"6hange' 6f 'for Fire Station No. I to department head business. Aye: 5 Nay: 0 APPROVE MINUTES Minutes of April 2, 1996;`f6&16e-:.*City Council meeting. Councilmember Masin asked that the spelling of Mr. Ekblad'b*e*'***z"*o"*r*."r'�Cted on page 7 regarding the Lawrence Poppler preliminary and final subdivisi& item M.Igyof I Egan asked that page 5, paragraph 3, of the Contract No. 96-10 ite .:to specifically identify "Jim from SRF Consulting." Councilmember Masin moved, Member Hunter seconded, a motion to approve the minutes of the April 2, 1996, regular City Council meeting as amended. Aye: 5 -Nay: 0 ............... UTES � Minutes of the April 2, 1996, Specio.*.Pity &cil meeting. Councilmember Hunter moved, M[Giber A.W.Ma seconded, a motion to approve the minutes of the April 2, 1996, Special City Council meeting as presented. Aye: 5 Nay: 0 VISITORS TO BE. ARD Vince McGowan of Thanr."Wiff.-the public has a right to be informed j!�:C'l as to the name of persons to whom "ili"e-"*iCi't*y"'C-'6 ... =`C%il specifically refers. Mr. McGowan stated as an example that at the April 2nd-*.'-.'.. eeting, Councilmember Wachter's identification of a particular person as "the proper owner of property located at such and such intersection" did not specifically inform the public the name of that person. Mayor Egan stated that the City Council's actions are not intentional and that the Council Page 2 April 16,1996 EAGAN CITY COUNCIL will try harder to specifically icitify persons tc :whom it .refers. Councilmember Wachter, in response to Mr. McGoWk, stated that;hc: was referring to a City employee who is being monitored for a Code:%viblAt on ; id not believe it was necessary to broadcast that individual's name. DEPARTMENT HEAD BUSINESS Administrator Hedges advises --*4:W a course of the project for Fire Station No. 1, additional work aria �ezpes"hitvbecome necessary. Administrator Hedges stated that a change order for $8,86.. 00 haAiiien requested. Hedges advised that Councilmember Wachter requested timeSFview :change order prior to the meeting and has indicated the requested chagS::;# aEi�tl. Fire Chief Jenson was present but had no additional comments. Coue6lii ember ift ter stated that he did in fact find the change orders necessary and reasonable. Councilmember Hunter moved, Member Masin seconded, a motion to approve the change order for Fire Station No. f: Qdeling project, totaling $8,862.06. Aye: 5 Nay: 0 CO Regarding Item E, Massage t". -L& Councilmember Awada suggested that the licensing approval proce$ b'r--landled administratively. Administrator Hedges advised that that issue was discussed at a recent Department Head meeting and the Department Heads concur that it would be more efficient and effective to process the licenses administratively through City staff. Councilmember Wachter stated that he has no objection to an administrative p,wp qe f'Qr the license, but the City Council may want to retain the right to review the::.ap'va1::0:reis in certain cases where the past problems with such uses, which were the,::jeasons,.ior Council's review of the license application initially, scrutiny becomes agar: prese problems. Councilmembers Awada and Hunter concurred that to streamline th censir"rocess will be cost saving. Regarding Item I, Approve Resolution Restricting On -Street Parking, Councilmember Masin inquired whether parking is currently prohibited on Yankee Doodle Road. Public Works Director Colbert advised that there is no parking allowed currently on Yankee Doodle Road, but the res ion is necessary to formalize the prohibition for funding purposes. A. Personnel Items Item 1. To approve the hiring of Brian:tanaszewski and David Downs as seasonal park maintenance workers. Page 3 April 16, 1996 EAGAN CITY COUNCIL B. Chance Orders. Munici To approve change orders Expansion as presented. $1,816.08 for Municipal Center C. Approve Contract, Municipal Code_ Corporation For City Code Republication and Ordinance Codification To approve the republication •andaaiice r#dification contract with Municipal Code Corporation. D. Declare Surplus Property, Si* -Da' *tai ,friction To declare unclaimed property and miscellaneous City property to be surplus and to set the annual City auction on Saturday, May 18, 1996 at 10:00 a.m. at the Eagan Maintenance Facility at 3501 Coachman Point. E. Massae Theral2ist License 1F" .::his"••: • e erman to Practice at Wastl Chiro ractic Clinic= 1340 Duckwood Drive To approve a massage theral?is : t i -116r Lisa Heyeiman to practice at Wastl Chiropractic Clinic. F. Final Subdivision - Kresse Addition To approve or deny a Final Subdivisimi for the Kresse Addition located on Skyline Road and Skyline Drive. G. Rename, Burnsville/Eagan Telecon&unicatis Commission To authorize the renaming of the Joint Cables: ommission to the Burnsville/Eagan Telecommunications Commission. H. Extension for Recording Final Subdivision-_Deerwood Townhomes 2nd Additi To approve or deny a 90 -day extension for Tecording the Deerwood Townhomes 2nd Addition plat located #t # vucDrive and east of I -35E. I. Yankee Doodle Road Parking _Restriction To approve a Resolution restricting on -street parking for Yankee Doodle Road (County Road 28) from Lexington Avenue to Federal Drive, Pilot Knob Road Page 4 April 16,1996 EAGAN CITY COUNCIL from Duckwood Drive to Milisite Drive afi'd""Derimark Avenue from Tamarac Pointe to Yankee Doodle Rdit. J. Contract 95-15, Well No. 19 To approve Change Order #1 to Contract 95-15 (Well #19) and authorize the Mayor and City Clerk to execute all related documents. K. Contract 95-16, Well No. 19""""' To approve Change Order No. I to..C-6tact 95*46 (Well No. 18) and authorize the Mayor and City Clerk to exe L. Contract 96-02, Well No. 18 To approve Change Order #I to Contract 96-02 (Well No. 18 - Site Improvements) and authorize the Mayor arerk to execute all related documents. X" Councilmember Wachter move4Member.ada seconded, a motion to approve the Consent Agenda. Aye: 5 Nay- 0 Councilmember Awada mdv"e'd, Member Hunter seconded, a motion to direct City staff to draft an ordinance amendment to authorize the approval of massage therapy licenses to be processed administratively. Aye: 5 Nay: 0 A : ORGAN:�� . '. L-BkSINESS Administrator Hedges advised the is a�:i:.Vacancy on the Airport Relations Commission for Commission Member Pat-TT-odd's sekt. and recommended the appointment of the current alternate, Ted Gladhill, to fill that Odsition. Hedges also stated that Ted Gladhill's alternate position will then need to be filled. Councilmember Hunter moved, Member Masin seconded, a motion to declare a vacancy on the Airport Relations Commission anct.' Ted Gladhill to that position. Aye: 5 Nay: 0 lio'seconded, a"m6tion to direct staff to Councilmember Wachter m'o"-v"-e':A,:-- dy6r send a letter of appreciation to former Commi s srQ'*46"::: Member Pat Todd -for her years of service on the Commission. Aye: 5 Nay: 0 The Council voted to appoint Ed-Hannasch for the alternate position. r Page 5 April 16,1996 EAGAN CITY COUNCIL Administrator Hedges stated: ghat the Cou U. needs to appoint a new hauler representative to fill a hauler posm:.vacaE 'on the Solid Waste Abatement Commission. Council voted and tii3a{t :::: ping was appointed as the hauler representative on the Solid Waste Abatement Commission. PUBLIC HEARINGS PROJECT'K8'7'-'BCAl'1f AVENUE Following a brief introduction by, :iznirustfr Hedges, Public Works Director Colbert resented a brief histo :� " p ry;' ' : prm�ex Colbert further stated that the City conducted a cost -estimated benefif''arialysis aiid bis`a result of those findings, the project was revised to reduce the costs to meet the estimated benefit.. Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc._, highlighted the proposed project. Mr. Hanson explant d the two alternate alignments for the storm sewer. He explained that Alignment A `6* 4. .€.s.::&Qr constructing a storm sewer in Biscayne Avenue, south to Gun Club Road and west'.& K iri :PrP:23. Alternatively, Alignment B, as Mr. Hanson explained, provides for onstru tiu r" p , p C:� �, g::�:::storm sewer west from Biscayne Avenue along the common lot line beived- I .....I and 3, Block 1, to the west line into Parcel 021-79 on which drainage::ipToWments will include an overland swale to Pond LP -23 and LP -23A. Mr. Hanson`'noted that Alignment A will be more expensive, but recommended Alignment A, with the property owners' concurrence. In response to Councilmember Hunter's question, Mr. Hanson stated that he does not pereeive any potential flooding or damage to Parcel 021-79 with the overland drainage because there Works - will be no increase in drainage v#:t::tiew:ts;Newer improvements. Public Works Director Colbert added that the open c}ianiel 'c3rair�ge on that parcel is only temporary until that property is developed. In respoA*�*�­ to Miter Egan's question, Colbert advised that the cost not covered by assessments ll be Maid out of the City trunk storm and sewer fund. Colbert added in response''to C6ilmember Hunter's question that connection fees will not cover any cost not paid by assessments because there are no lateral improvements. Affected property owners were present a::.Che hearing, but they provided no comment. Councilmember Awada corriiiieitea`'st[i'aiid the property owners for their work with the changes in the scope of the project. Councilmember Awada moved, Member Hunter seconded, a motion to approve Project No. 687 (Biscayne Avenue - Streets and Utilities), to authorize the preparation of Page 6 April 16, 1996 EAGAN CITY COUNCIL detailed plans and specifications'.- d to authorizi':'-te City Attorney to acquire all necessary easements, including the a , of eminent d -main if necessary. Aye: 5 Nay: 0 PROJECT 615R�;.-. 'VIEW ROAD 1 Following a brief introduction by Administrator Hedges, Public Works Director Colbert explained briefly the history of the project and explained that the project may be divisible between the street improv ri. a ::t fi i##y improvements. Leonard Newquist of Short, Elliot, Heiidricki'ori; Inc., gave a brief overview of the proposed project. Mr. Newquist advised thate pro pety owners requested that the storm sewer be aligned with the street. . _ .... . In response to Councilmember Wachter's question, Mr. Newquist advised that the storm sewer and the sanitary and water can be installed without road improvements to Meadowview Road. Darrel Andersol, a representative of United Stationers, which is the owner of Lot 1, Block 1, objected: tQthe assessment of the costs where the property receives no benefit by the improves::: r. Andersol stated that the property uses access onto Alexander Road. Another.. propi :: - hmer, who did not identify himself, stated that he objects to the storm sewey#�:through.io.:Oroperty and that the project serves no benefit to his property. Mike Leim6r.::a i :::s ate his objection to the storm sewer through his property, which is P ' i 1:*£ bT 6'4. Mr. Newquist explained that it is not possible to collect drainage from ffie parcel surrounding Mr. Leitner's property and then to direct it into the storm sewer because of the ravine on the property. In response to Councilmember Wachter's question, Mr. Newquist stated that the erosion in that area is very bad iii #tii#seiir:#€'tY? storm sewer and that Mr. Leitner parks equipment at the bottom of the raving :on his*pzpperty to disperse the runoff water. Mr. Leitner stated that the runoff through li&prope .•js now very significant and at times -: disrupts his business. He stated that there a need.*:€pr a storm sewer improvement, but the road improvements are not a big concern.* Anot�eir unidentified property owner stated that he approves the storm sewer project but not the road improvements. In response to Councilmember Wachter's question, Public Works Director Colbert stated that there is a major necessity for storm sewer and that the sanitary and roadway improvements are not necessarily required at this time. Colbert added cit the storm sewer will reduce the erosion from the unimproved road into the City's stciri'ii sewer system. In response to Councilmenibi i 'AwadY§:'*qu< s'hon, Public Works Director Colbert stated that the storm sewer and sanitary water impriavements can be put in any time with no cost saving issue as long as the road is not ii*oved fust. Councilmember Hunter suggested that the Council approve the project with respect to the utilities only and defer the street improvements. Mayor Egan concurred with Councilmember Hunter. Page 7 April 16, 1996 EAGAN CITY COUNCIL Councilmember Awada move; Member Hiller seconded, a motion to approve Project No. 615R with respect to o**i !Jm�t# ihents• to approve the preparation of detailed plans and specifications; and -.4 8#l�dtize the City Attorney to acquire all -necessary easements, including the use of eminent domain if necessary. Aye: 5 Nay: 0 CT NO. 643R - City Administrator Hedges gave a, #el'' H4. 4'.4ction to this item. Hedges noted two letters of objection from George Stevenson and Larry McNurlin. Public Works Director Colbert highlighted the inform ati ' cont660 in the final assessment roll for the project. Five property owners were present. Property owner Ray explained that he purchased the property last year and that payment on the assessments were placed into escrow, but has now received notice. Mr. expressed concern that he would be double assessed- }yor Egan suggested that he contact Administrator Hedges and that the City will resoeia:: a and that he will not be double assessed for the project. City Administrator Hedges $ri -�::noted the contents of Mr. McNurlin's letter in which Mr. McNurlin argues t his.FY receives no benefit for the street improvements because his property . Q :"::knit- the street. Councilmember Hunter tliose who take access to it and what is relevant stated that neighborhood roads bet#�rt:�l��� with respect to the assessments is whether McNurlin takes access to McCarthy Road and not whether he has street frontage. Councilmember Awada concurred. Public Works Director noted that the City agreed not to assess Stevenson and McNurlin for -curb and gutter improvements because the..cgb and.gutter does not serve their property, but Colbert noted that the street does o*." tMt.IJVK: operty. Administrator Hedges noted that the policy and philosophy of the City lad been if.a property is served with access to a street, not frontage, then the property is su> t to a pssment. Mayor Egan concurred. Councilmember Hunter moved, Member Armada seconded, a motion to approve the final assessment roll for Project No. 643R (Oslund Timberline Addition - Street Reconstruction) and to authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 66.4 WES iTTT SQUARE Following a brief introductiori'tb 'Xdmuusfrator Hedges, Public Works Director Colbert highlighted the information presented in � staffs final assessment roll report. Colbert noted that the five lots in the Wescott condominium development which were removed from the project were inadvertently included in the assessment determination. Colbert advised that the Council has two alternatives in addressing this issue: (1) the City f ' Page 8 April 16, 1996 EAGAN MY COUNCIL could delete the assessment from the:!Ive parcels and y the total allotted assessment for those lots; or (2) the City could dele jhe assessmeaf,*#bm the five parcels and spread the cost among the other assessed parcetSr b rL;. t d'��that the second alternative would require new notices and hearing on the''ass�A;siif roll which may cost the City more than if it were to simply pick up the assessment cost on the five Wescott lots. The Council concurred that the City follow the first alternative and pick up the cost of the assessments on the five parcels. No persons were present to comment. Councilmember Hunter moved, IVieer Awi seconded, a motion to approve the final assessment roll for Project No. 664::( escotfSquare - Street Reconstruction) and to authorize its certification to Dakota Cou1 for colition. QLD BUSI?�r$S CITY CODE AMENDMENT - SECTION 6.37: Administrator Hedges introduirt::#i#$:::item and gave a brief background and history of the proposed ordinance amend nenc-C-64:6 ilmember Masin stated that she was .r uncertain whether the proposed ordin0ce , vS l :air illy solve the City's objective in reducing the number of trucks in ne'o`fotis:'''ti' response to Councilmember Masin's question, Jon Hohenstein advised t�i�.� i—`Is' possible for one existing license hauler to buy all other license haulers within the City, but explained that the other licenses would terminate leaving just the one license, in addition to advising that it is possible that one person could own all five licensed businesses. Councilmember Awada staet#' s!~#e :dot support the proposed ordinance amendment because it restricts competitiow. and it:: does not solve the problem with limiting the number of trucks in resident s neighWrhoods. Councilmetrnber Wachter concurred with Councilmember Awada. Cacilme�ri.#�er Hunter stated that the ordinance will maintain competition and it will address the resit�ents' concerns about the number of different haulers servicing the same neighborhoods. Mayor Egan stated that the ordinance may accomplish the City's objective in reducing the number of trucks and that the ordinance amendment is a start to address the problem; Mayor Egan added that if the ordinance does not accomplish the City's objec*��, then the City may change the ordinance. Councilmember Hunter moved, Member Wachter seconded, a motion to approve an ordinance amending Eagan City Code Chapter-i"ntitled "Other Business Regulation and Licensing" by amending Section 6.37 regarding refuse hauling licenses and by adopting by reference Eagan City Code Chapter 1 and Section 6.99 presented. Aye: 4 Nay: 1 (Awada) Page 9 April 16, 1996 EAGAN CITY COUNCIL N Administrator Hedges briefly iiai1d:#tem. The applicant was not present at the hearing. Councilmember Wachter moved, Member Masin seconded, a motion to approve the final planned development to al1Q•.�:7,700 square foot Green Mill restaurant on Lot 2, Block 1, Rahncliff 4th Addition:: ad: CE AMEND Administrator Hedges briefly i were present for comment. Councilmember Awada moved ordinance amending Eagan City C - Rules and Regulations, Rates, and regarding Permitted Water Hydrant U Chapter 1 and Section 3.99 as present 3.20. SUBD. 8 is item. No persons from the public Member Hunter seconded, a motion to approve an Mpter 3, entitled "Municipal and Public Utilities otts'; . by amending Section 3.20, Subd. 8, l r and ii*opting by reference Eagan City Code REZONING - IMRE ADDITION Following a brief introductio-n; by.:.Mayor :Egg Senior Planner Lisa Freese gave a brief overview of the proposed:*:,k&iiif g i c :: : Advisory Planning Commission's recommendations. 4 Councilmember Masin moved, Mergi r Awidi seconded, a motion to approve the rezoning of Lots 1 and 2 of Imre Addition (approximately 5.3 acres) from PD Planned Development to I-1 Light Industrial located on the west side of Trunk Highway 149 in the Southeast Quarter of Section 2. Aye: 5 Nay: 0 Following a brief introduction by Mayq :i�gan, Senior Planner Lisa Freese highlighted the information presented in the City s#f's planning report dated March 20, 1996. Ms. Freese noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Freese further outlined the City staff s evaluation of the proposed preliminary subdivision and preliminary planned development. Page 10 April 16, 1996 EAGAN CITY COUNCIL Ms. Freese further noted that the of the preliminary subdivision conditions in the staff report. recommended approval lopment subject to the The applicant, Roger Derrick of Derrick Investments, gave a brief presentation of the proposed development. Mr. Derrick noted that the proposed residential development will be marketed for persons 55 or :ol.dar.;aad. that, tbje development has a special federal exemption which allows the devel6offi- residents to senior citizens. In response to Councilmember Masin's conceiu ithat tW.*. evelopment is located at a major intersection and adjacent to a school, I�lx:. Derrilc;. stated that with respect to the development being adjacent to a school :aiei::Sport:.:ds, the uses are very compatible because the organization has founct t s riot :ft6y watching the activity. In response to Councilmember Wachter's question, Mr. Derrick stated that the units are handicap accessible. Mayor Egan noted that there :is a need for community housing for senior citizens and that this development will mee':e:t}epd for the Eagan residents. Administrator Hedges noted the..ity's "re*ceipt,.Qf a letter from Gary Stevenson of the Dakota County Platting Commission:ut.? hwh`ft•Commission expressed concern of potential noise level violations with;: iv ii erifiial use at that location. Councilmember Masin noted that the County's cone :-ebnfirms her position that the proposed use should not be at that site. Mayor Egan noted that the proposed development is in the appropriate zoning district and that the proposed density is much less than the.6-12 units per acre which is permitted under the zoning designation. An individual, who did not itteiiCiyef: triuired whether the roadway through the development is a street and if so, wheth.6i:;the City -:will maintain it. Mr. Derrick stated that the roadway through the development :is: a priimie street and will be' maintained by the Association. Councilmember Hunter sti#ied that::.4 supports the proposal, noting that the Tree Preservation Ordinance protects the trees oiif the site, the requested variances are supported because of the land's restrictions and that housing for senior citizens is needed within the City. Councilmember Awada moved, Member Water seconded, a motion to approve a preliminary subdivision (Timbe l ue.::? ,a ..; iddition) consisting of 16 lots on approximately 14.07 gross acres a#e:JsCiarr►er of the intersection of Lone Oak- Road akRoad and Pilot Knob Road in the Northeast QklWer of Section 9, subject to the conditions recommended by the Advisory Planning:QOmmission. Aye: 5 Nay: 0 Councilmember Wachter moved, Member Awada seconded, a motion to approve a preliminary planned development to allow construction of 63 condominiums on Lots 1 Page 11 April 16, 1996 EAGAN CITY COUNCIL through 16, Block 1, Timberline located in the Northeast Quarter o the Advisory Planning Commissioi approximately 14.07 gross acres the conditions recommended by LEGISLATIVE & INTERGOVERNMENTAL AFFAIRS UPDATE Administrator Hedges inquii� '**W,iffi ,,Oi,t"'"C..oU I as to its position in moving forward with the "Friends of the Farm" pram. 'e Council concurred that the City shall continue to work with the program. Mayor Egan noted that his ii �merit"` *tie Metropolitan Council sponsored - Metro Mayors Organization has been very positive in affording positive dialogue between the cities' mayors and the Metropolitan Council. Mayor Egan further noted the collaboration between Burnsville, Apple Valley, Lakeville and Eagan in developing a skate park to be located in Burnsville, Administrator Hedges advised 'flfa:::tiy of Burnsville is looking to other communities, its local governing boards. -:and maiagewent teams to participate in a one - day seminar by Dr. John Carver, who �i�ve1pp61-*-1>Mdel of governing board leadership. Administrator Hedges noted that the;: ( :l'oi''bringing Dr. Carver to Burnsville for the seminar would be approximately $8;600.00. The Councilmembers expressed interest in attending the seminar and directed Administrator Hedges to follow up with more information on the event. Mayor Egan noted and clarified his statement to. the Star Tribune writer who misquoted him in an article regarding Ashley. ADMIN VE:.,i - ENDA Administrator Hedges introduced t1t Carria&:Bills Golf Course application for a 3.2 on -sale beer license. Councilmember Wachter moved, Member Masin seconded, a motion to approve a 3.2 on -sale beer license for Carriage Hills Golf Course. Aye: 5 Nay: 0 Administrator Hedges also discussed with . Councilmembers their April, May and June work programs and sped#}rQ Meetings schedule. Councilmember Awada moved, Member Ranter seconded, a motion to approve May 7, 14 and 20, 1996 for special City Council rneeing dates. Aye: 5 Nay: 0 Administrator Hedges noted that Opus gave a 60 -pound fruit basket to City staff. Hedges noted that because of the gift law, the City could not accept the fruit basket and Page 12 April 16, 1996 EAGAN MY COUNCIL suggested that it be donated to a local, charity. Hedgq. also noted that the use of name badges by staff has received posifi44Vj4Ponses.Uft--` both public and staff. The City Council concurred that they would like'# ie �!..W'is well. Hedges further noted that a press release on the sale of Carriage Hills * Golf 'Course will be shortly released; that the City Council conference room off of the Chambers is cleaned out and is available for use, and that City Councilmembers are requested to attend Earth Day on Sunday, April 21, 1996. Councilmember Wachter sugSjpjqgA.-Om:*q.,C% mcil direct the Park- Department to ru issue a report regarding the City's fertilizer with phosphorus; he stated that all the water quality programs c4ky in 6ented by the City are defeated while fertilizer with phosphorus is allowed..:--"-.-*;-.-. ...... ... .. . Finally, Administrator HedgeV'::6M*s-*e-*d dW:ffi& are six finalists for the Executive Secretary position and that by the next City Council meeting,. staff should have made its selection. URNMENT Councilmember Wachter moved, `M ` the April 16, 1996, City Council meetinj--* 9:3 Date: City Clerk seconded, the motion to adjourn ye: 5 Nay: 0 If you need these minutes in an alternate fori�--'iuch 4*se print, Braille, audio tape, etc., pleas contact the City of Eagan, 3830 Pilot..* ob Ri, Eagan, MN 55122, (612) 681- 4600 (TDD phone: 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. MINUTES OF THE A Special City Council meeting was held in the Community Room of the Municipal Center Building beginning at 5:00 p.m. on Tuesday, April 23, 1996. Those present were Mayor Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Mayor Egan did not arrive until approximately 5:20 p.m.; Acting Mayor Hunter convened and chaired the meeting mr)VI.Mayor Eaan's arrival. Also present was City Administrator Hedges. JOINT ECONOMIC DEVELOF9Q1LrNT COi 1SSION MEETING Acting Mayor Hunter welcomed members of-ft:rEconorviili:bevelopment Commission, stating that this Is an excellent opportunity for the adviso1... tii..... ilgt::agd::Ci#y Council to dialogue on several issues. Economic Development Commission memb�iri'attendai*"' - iie�e its Chairperson Cathy Clark-Matuszek, Ron Voracek, Eldon Johnson, Gary Morgan, Karl Oestrich, Juile Stackhouse and Dave Vogt. Staff members present for this item included Assistant to the City Administrator Hohenstein, Senior Planner Freese, Planner Farnham and Planner Tyree. EDC Chair Matuszek introduced thg. TIF item for the 55/149 ... Jon framed the TIF -policy issues. The City Council asked a few questions and prRtiid:ed.fh� unanimous directive to proceed with TIF. Action was taken; motion by Wachter, secOtirfe#;kji;tsin, all 'yes" to approve TIF financing with specific rehab parameters for businesses within tie 55/140"b bfridPer.-" EDC Chair Matuszek introduced a workpfgio*'lhi3 :EDC had formulated. The first item discussed was the business reach -out planned as a collaif 00#v;6-:06rt with the Chamber of Commerce on May 22. City Councilmember Hunter proposed the idea of�i>i joint meeting with the Chamber, Convention & Tourism and EDC. City Councilmember Wachter suggested that the EDC propose a budget for these needs. City Councilmember Masin concurred with the EDC and Chamber working together to make business contacts with local business industry. She further stated that Burnsville has a model of calling different business groups each year, as an example, the hospitality industry as one year, another industry the following year. Mayor Egan stated that the Council will pledge support to the EDC witl}:#K, aitartCtt.1caH;on business. EDC Member Johnson stated that the business reach -outs, business coi1tvidit:bh :-eoo tioi :.*.99e pment publication should be on-going. Commission member Voracek suggested funding re g4ests from . other agencies, such as the Tourism & Convention, to help the EDC's business retention effA::: Commission member Morgan reviewed an efioit the EDC: has made regarding criteria for financing assistance; he stressed that the City should look at tools avails W:to remain competitive in the marketplace. Both City Councilmembers Hunter and Awada stated that they historically did not agree with incentive programs for business; however, they agreed with the City policy to at least review financial incentives as options on a case-by-case basis. EDC Member Vogt stated that in some cases, if the business needs a financial incentive, It may not be a good risk for the community. Mayor Egan stated that there are many examples of businesses approaching the City suggesting development that are requestingstcentives. City Councilmember Masin stated that she is willing to support special financing if it is necesti%r - to retain or attract new business to the community. EDC Chair Matuszek stated Wit; :F,0 :4&.d*w.ge-.on the issue of the City considering special financing assistance. Mayor Egan summa$.&Oi#.. i6K r Coi'.'0 :position by stating there is consensus that special financial requests will be reviewed on a case -6j -case basis with the EDC. EDC Chair Matuszek stated that the EDC will review IJP Dakota Economic Development Partnership and provide a recommendation to the City Council regarding funding. There was also a discussion regarding Page 2/Eagan Special City Council Meetin April 23, 1996 the possibility of providing babysitting service9;ior Commission Administrator will review this matter at a futLA.-itiate. Mayor Egan thanked the EDC me on receiving a future update on their work SKATEBOARD PROPOSAL It was agreed that the Chair and City and hard work on behalf of the Council Mayor Egan commented on the skateboard. park proposal that the City of Burnsville is proposing as discussed with three other communities, Appy: i ji:ft" ii(Ik041akeville. He stated the City of Burnsville would like the four communities to enter a joint powers ;gremetif'frding a skateboard park. The skateboard park would be governed by a non-profit corporatior$: Page 3/Eagan Special City Council Meeting; April 23, 1996 opportunity to develop a driving range before ft City proceeds with any further consideration of a golf learning center. There was further public policy questionatii;it ft::tp;Mponents of a Central Park Theme since the YMCA is providing an indoor water park in their facilitjr:'''City Councilmembers asked staff to provide a type of inventory along with the budget for a community center and eventually revisit the concept of a Central Area Park. PAR Director of Parks & Recreation Vraa provided:jrt;vpdate W:jhe status of the special task force that is studying the need for a park referendum. He stated thai•!he Cornkh"ee had recently taken a tour of candidate sites. The Committee is struggling with the issue of NdiK. much tO.Ak for and if there should be some part of the referendum devoted to development. ADJOURNM#N" There being no other business, the meeting was adjourned at 8:15 p.m. TLH MINUTES OFQ OF THE Ef t0mitbb. NdnL-:: lagan, Minnesota pril 16, 1996 A special meeting of the Eagan City'%i cil was held on Tuesday, April 16, 1996, at 5:00 p.m. at the Eagan Municipal Center. Present were Mayor Egan, City Councilmembers Awada, Hunter, Masin and Wachter. Also present were City Administrator Tom Hedges, Director of Parks and Recreation Ken Vraa, Assistant to the City Administrator Holly Duffy and City Attorney Jim Sheldon. Also present were Mr. and Mrs. Anthony Caponi and their attbritj�4:#c;Sbia#tiefr CAN Mayor Egan called the meeting to Ner. His: Aked if there were any persons in the audience who wished to speak under "Visst.. i lj3Fd T::' 1f Lindberg requested to speak. He said that he worked in the City of Eagan, akhou0-i fietfid no# ji :i i:t ie City. He quoted from a book regarding Minnesota. Part of the quote involved the question "Shouldn't there be a place to go to experience wilds, woods and water?" He hoped that a solution could be found to make the Caponi Art Park such a place that could benefit residents and the people who work in and visit the City of Eagan. Mayor Egan asked City Administrator Hedges to summarize the points that would be discussed at the special City Council meet('' :;:;;city Administrator Hedges said that he had prepared five different concepts as directed by the City Cttuftpit j4Aft .last workshop regarding this item. He, Director of Parks and Recreation Vraa, Assistant to the City.kc iili'iisti� or:Duffy, Anthony and Cheryl Caponi and Dick Schieffer had worked together to develop the co epts. He brieflyraescdbed them as follows. Concept #1 involved going to a referendum and proposini%uyit 46*""*-` of land south of Diffley. Concept #2 involved buying 20 acres and leasing 20#xi�Opt,#3 involved purchasing just 20 acres. Concept #4 involved acquiring 20 acres subject to tl Cpbfii's raising money to purchase the remainder of the land. Concept #5 involved the type of participati'o'n the City had been involved in for the last ten years, support but no financial help. City Administrator Hedges stated that there was a discussion paragraph included with each concept which discussed the consequences. He stated that he knew that Mr. Caponi had spoken with most of the City Council members to find out their concerns. Mr. Caponi then wrote a memo addressing the Council's concerns and presented a sixth,concegt,that of the City purchasing 30 acres for parkland and the remaining 10 acres south of Diffley tits ::.Q .AhQ:: "if i park itself and owned by the non-profit corporation. Director of Parks and Recreation 'Vtaa shAiO the Council and audience overhead projections of various alternatives for purchasing dif, nt am"**s of land in different configurations. He said that many of the concepts would provide a "three point cont itetion" between City parkland to the north, the Caponi Art Park and the athletic fields to the east. City Councilmember Hunter asked if the City Council could assume that the parts of the acreage south of Diffley that the City did not purchase would be sold for development of single family homes. A resident, Susan Butterwick,..sWted•.twr ;bojj p.bordered the 40 acres on the south and any decision the Council made would gre(ycflsiiitt#tis'ffsband. She asked the Council to please not consider any proposal lightly as their deasion woufd'gNidtly affect what they would look out upon. Mayor Egan assured her that a decision would not be made;iig#iily. City Councilmember Hunter asked Director of Parks and Recreation Vraa, if the City were to choose land, would they prefer access to the parking lot and the tunnel. Director of Parks and Special City Council Minutes April 16, 1996/Page 2 Recreation Vraa stated that he was trying $� Uow land that -*Old provide trails and a linkage between parklands. City Councilmember Wachter staEl'gii:144tt4i;bol W,.ii.though there would be passive land to the south of Diffley. He asked if people would pay l'$eif to the land north of Diffley but could use the south free of charge. Director of Parks and Recreation Vraa indicated there would be controlled access to the north. City Councilmember Wachter said that he would like to see a public hearing on the Caponi Art Park proposals much like the one held # Hitt R'3–e::Hilis Golf Course property. He said he thought the item should be on television* know about it. He said that people did not know how much parkland the City already had, 3# acres.: ":*.;: City Councilmember Awada asketf: -what th$ Ffference was regarding this proposal compared to other proposals for parklanQT ; :: oi!#io1... t r Wachter said he would like the item continued because he is concerned about4ifditlb the iii'06r taxpayers. He said he thought that the Council should not make a decision that evening because the people should know more about the item. City Councilmember Hunter stated that he thought Mr. Caponi had some things to say to the Council. Mr. Caponi said that he thought Mr. Schieffer should speak for him. However, he said he did not come to the City with big plans. He ¢taxed he had been making a park. Thousands of people had visited the park and it had been covered iri:t ::pr*w, He stated that he had told the press he was making the park with the City but that he could not4e11:i4it6: eGtly what the City was doing. Mr. Schieffer stated that he th.. ght that too. _3pd6bepts that would work for the Caponis Included the original concept #1 which proposes## yirtg;:040 ticres and the new 30 acre concept which had been submitted by the Caponis. He state d:"*h�tlh�liat fie meant by saying "would work for the Caponis" meant what would be financially feasible foPtja-Caponis. He stated that any donation made by the Caponis to the project would have to offset the tax6s that Mr. Caponi would have to pay. He stated that there was a connection between the amount the Caponis received for the purchase of the property and the amount they could donate. He stated the Caponis would donate a ratio of property/cash back to the project depending upon how much land was purchased. He stated that the Caponis were asking the City to help turn raw land into cash so that the land;.;;.QvJ0. bq.:d velnped, for public purposes. Mr. Schieffer then summarized points that he had made in a;:t7id:p;il tiiyi; -.M..... *'**al Caponi proposal. He suggested that three appraisers be used to determine the value ofithe.prdpeftjr::'One would be picked by the Caponis and one would be picked by the City. The two apprais4i,s would: Men pick a third appraiser. The City and Caponis could decide to leave the decision to them heave the:decision open for appeal. He stated that once the Caponis donated the land to a non-profif:GOrporati.—::#hey could not get it back. Regarding maintenance, maintenance for programs would be paid for by.*. a art park. The City would maintain its portion of the open space land as well as the parking lot. The City would also be responsible for some type of sanitary facility such as satellites. He stated that the 1996 budget for the Caponi Art Park had been forwarded to the Council for their information. Mr. Schieffer said that the concept regarding leasing 20 acres and buying 20 acres would also work for the Caponis when.considering their tax obligation. He said that Mr. and Mrs. Caponi had held on to the land past its norrQ.-, - evelopment stage. However, they have now lost their green acres status and have assessments levield.4"bainst the property. They are offering to sell the land for open space purposes whstht:grgfA*:pi.vsJhe:;C,btponis cash so that they could donate land and then develop the art park. Mr. Schief>r;lt Ie:thtRi€#t•the 30/30 acre proposal would make the most sense. He stated the Caponis would make a 40% return to the City. He stated that the 20 acre concepts would not work for the Caponis because they coulc.E:M maintain the 40% gift -ratio. City Councilmember Wachter asked if concept three would work if the amount of acres were 30 instead of 20. Mr. Schieffer indicated he thought that would work. Special City Council Minutes April 16, 1996/Page 3 City Councilmember Hunttti..;i9ated he tho'that the City Council had reached a consensus on concept #3 at the last meetiri ::: k# :s4 id.tbafif?d'only thing yet to be determined was the number of acres. He said that Mr. Schieffer ftii;<tlrg? #i {#:Would work. City Councilmember Wachter said that the Caponis say they need cash. He said that the Council had suggested to Mr. Caponi that he sell the 40 acres south of Diffley in order to finance the 20 acre art park north of Diffley. City Councilmember Wachter said that Mr. Caponi had lost nothing to date because the land had increased in value.:A*i ':; ps�a:?of:#,:green acres status, the taxpayers had helped to pay Mr. Caponi's taxes. He staf�et :i'i` ffi . iitiVii pay.:back time. He stated that Mr. Caponi wanted the City to absorb the cost of the assessmeiti��ecaus8;#iere will be an additional cost for sewer and water. City Councilmember Awaft:-'*s&WWlt t.c pr3 tfpn the Caponis would make if the City purchased 30 acres. Mr. Schieffer stated they:rvti'iiYd dorsi#p ;4&Voo of the value they received. Mr. Schieffer indicated that there now would be a difference in the purchase price from what was originally proposed. He stated that he did not know what the amount would be so he could not tell how much would be donated. Mayor Egan indicated he was concerned about the open ended proposal. He did not feel comfortable agreeing to something when he did not know the exact figures. Mr. Schieffer indicated that he was not able to give exact figures unti# the .-arngunt of land, the location of the land and the purchase price for that land was established. He admltt d:tl lbgfo,was a risk factor but he thought that the concept of giving back 40% of whatever the amount we% wds fciit;; :#*:stated that the land would be purchased at fair market price value. He said the City shoulO.'p` of purctiisa:the'land for open space and park if it was not worth the purchase price to the City when tIQ:purphzi.'pr1Od:Was established. He said the City would purchase the land and then would get an additigiti I.: QbK-*fdturn on their purchase. An Eagan resident, Don Christensen, asked if the lake on the property would be part of the purchase price. Director of Parks and Recreation Vraa said that the appraisal would take into consideration the amount of water on the property. Mayor Egan indicated that the City had talked to a realtor and that the developable part of the land would be considered when establishing a selling price. Michael Vincent, a member t f t : *W:.;aCgjii ilripn subcommittee of the Advisory Parks, Recreation and Natural Resources Coriimit4*0"6; said-•tti if isms his understanding that a non-profit corporation could sell its assets. He asked what woiftstop the aponi non-profit corporation from selling its assets. Mr. Schieffer replied that the Caponis va�iad agree46 donate the land for art park purposes. He stated that the land was already zoned for the arl:�ark. HeSlgid that the Caponis or a purchaser would have to get the City to rezone the land before it could be use ":*'**r other purposes. City Councilmember Wachter asked where the stubs were for connecting the property to sewer and water. Mr. Caponi said that Diffley Road did not contain sewer and water because it was thought that the property would be used for an art park. Director of Parks and Recreation Vraa said he thought that the utilities would be stubbed in from Carlson LaS�bane. City Councilmember Masin:st#r#ec#: hai3O.Q.:wanted the art park. She said she thought it would be a marvelous facility and somethi}j ; iai<: lti#st :!1 1011; s::children. She said.it would do something for the community that nothing else would do. She 'said'tie pirdcess for developing the park had stopped at the appraisal step in the past. She said she was having 1�c3iiible considering the City donating a large amount of money. She indicated that the Council was consid*t ft including the proposal in a referendum and she was concerned that the large amount of money needed to purchase this property would take a large part of the referendum amount. She said she thought that the referendum should contain two Special City Council Minutes April 16, 1996/Page 4 questions, one of which would be the Cap68iArt Park propOtit- She said that the Carriage Hills Golf Course issue had demonstrated that the pent open space. City Councilmember Hunter stated that he agreed with a lot of what City Councilmember Masin had said. He stated what he did not want would be a lot of strings attached to any proposal. He said that the Council was talking about the City buying land for open space. He said that if the City bought the Caponi land for parkland that there shQ6.*A60).*. I*v UiM.'0ecause the land was already zoned for park. He stated that the 30 acre proposal soiil bif'#1 :#ti0 0cef61j? d proposal. However, he said that that should be put on the bond referendum as a separa*questiomag. the people need to decide whether the land should be purchased. He said that the City wotlld present figure that it would be willing to spend to the Caponis. Negotiations could continue from tttf' . point. Wi tated that he did not want the purchase price decided by a binding decision from thr"':0pht a1. flidwricilmember Hunter said there were four points that needed to be addressed, these:iiickiiYed: 1. What land will be purchased? 2. How much land will be purchased? 3. What will be the price for that land? 4. Should the proposal be put on; the bond referendum ballot and, if so, as a one question referendum or as a two questiJ ie,*endum? City Councilmember Awada stated ftib1:!k4*:$greed with the 30 acre concept because actual development would take place on the art park property ow4d:by .& non-profit corporation. She said she thought it was preliminary to talk about one ques#ion;;pr: :vMiFthe Council knew the purchase price for the 30 acres. She stated she supported City;;Ct yrtciI"ffiber Hunter's suggestions. City Councilmember Wachter stated that he was not opposed to the art park. He reminded the Caponis that he was on the first liaison committee regarding the project. He stated that he told Mr. Caponi at that time that the only reason he did not want the art park was that he would not want to burden the taxpayers of the City of Eagan and that that was still his position. He said that the public needed to know about the proposal before the City C-puncil made a :dQ9ision. Mayor Egan then summarized whaf te''1iit'iieetd as follows. The Council had generally stated they were willing to commit to purchase up tt:30 acred::i6f land if a solid price could be arrived at before the question would be placed on the referencj th. An aWaisal would be ascertained and then the question would be put on the referendum ballot. T44. would: -:;9; public meetings regarding the item and the people would vote on it. He mentioned that the City hsil::had recent successes with recreational facilities. The Civic Arena had opened and the Council was already considering a second sheet of ice. The Carriage Hills Golf Course issue had been settled successfully and the public had indicated that they do want open spaces In the City of Eagan. He said he would like to see the Caponi Art Park preserved as a unique piece of open space. City Councilmember Masin stated that incQfiig a large parcel of land in the bond referendum question could be risky. City.::.9pht pil ¢er•,Ayrceda said that open space is very important. If the purchase price was a large amount% : .4:460oes l::q!Ovpidering the Capon% Art Park parcel as a second question on the bond referendum. However, she said that this should be decided after the amount was decided upon. City Councilmember Masin asked if there was another way that the City could make a commitment to the art park rather than through the bond referendum. Special City Council Minutes April 16, 1996/Page 5 Mayor Egan stated that heisipported two quojRI s because he believed that both would be successful. Land acquisition subcommittee-"j.M npet;l(jw 'said that he was concerned with the two question proposition. He believed that resid ri€$; asj jVdpace in the City of Eagan and he said he thought that the Council should look at the Caporit''parcel as it would look at any other parcel. City Councilmember Awada stated that there was not time to debate that point because it was almost time for the regular City Council meeting. Don Christensen said that.e:;jt3iltt;ni Art Park should be on the referendum as a separate question in order to find out wNf—:tbO:-O6ple:1:::.ffe said that, although 4,000 people -had signed petitions to preserve the Carriage Hills area, f""O peop� *uld not be considered the will of Eagan as a whole. Mayor Egan asked City Attnrhe}f:S 1&F).anrb4:Qhts the City would have if it did not state specifically what the bond referendum money vrias'i�or. %".':.; brney Sheldon said that you could ask the voters to approve money for acquisition or for betterment of parks. So far, he said he had heard only acquisition discussed. Mayor Egan asked if the bond referendum question must be site specific. City Attorney Sheldon said that the City could either identify specific parcels or ask for money to acquire land in the general sense. Land acquisition membert-Oz::Wgstrom said he thought that if the Capon! parcels were added to the bond referendum, the bond refefef idt i:k.*ould fail. He did not think people would support the purchase of land for the Capon! Art Park. He thoUg&':A.'WOtfld .make more sense to have a single issue referendum. He said he believed that people v4r:e either 16 favw.rdf parks or not. He said that the City of Eagan is in a unique position now because them w.as;:prCtts::llttle open space left. City Councilmember Awaa-."8 i thabt she hoped that the Advisory Parks, Recreation and Natural Resources Committee would have a recommendation for the City Council regarding the bond referendum within the next month. Director of Parks and Recreation Vraa asked the Council if their direction was that he was to go out and get an appraisal on the 30 .acre parcel: City Councilmember Hunter said yes. Director of Parks and Recreation Vraa told the CounCi:ticeYiit�dg>~#ipptisal and bring it back to the City Council. It was his understanding that the Council'W6Uid"thdii-. er'*io'-Orchase the land from Mr. Capon! for that amount before the item could be considered for the:fiond refer4hdum and that a price would have to be agreed upon. He said it was his understanding thai.:f! a Coug4#:.Wshed to avoid as many entanglements as to what the City would do with its land should it. As he saw it, the Council was proposing acquiring the land for open space and the only erA.1glement would be the construction of a parking lot. City Councilmember Hunter said the Council should not designate what it is purchasing land for at this point. He said the intent of the Council at this time was to purchase it for open space; however, he said there were no strings attached at this time. The Council agreed wip.%;ab!wp, coos .11 us. The meeting was adjourned at approximately 6:31 p.m. Date City Clerk JEH MINUTES OF:�:9#?l�*F:::iljSi�kG OF THE E �GAR.:ZffY.-.6ilt vitt::;: .0gan, Minnesota pril 9, 1996 A Special City Council meeting was held Ofr=*UAilay, April 9, 1996 at 6:30 p.m. This was a joint meeting involving the Eagan and Burnsville City Councils and the Bumsville/Eagan Cable Commission. Present were Mayor Tom Egan, Mayor Elizabeth Kautz, Councilmembers Pat Awada, Shawn Hunter, Sandy Masin, Deb Moran, Glenn McKee, Charlie Crichton and Charlotte Shover, Cable Commission Chair Pat O'Malley, Commissioners Nancy Thompson, Jim Blair;;-Bob..Cwpor,,M.apgie:4ensen, Charles Bird and Jeff May. Also present were City Administrator Hedges, Citi} uj i -t::f k C coordinator Reardon, Assistant to the City Administrator Hohenstein and Deputy City Manager hteri: TELECOMMUNIPATIONS ISSUES Reardon overviewed the telecommu:qn, :issues discussed in the staff memorandum • which is attached. He noted that a significahtdipect of tfie:Te9e.c:ommunications Act of 1996 is its affirmation of local authority over public rights-of-way. He stated the control of public rights-of-way will be a major battleground in the next several years. Awada asked for clarification on the goal related to PEG access. Reardon indicated that the Commission's goal was to address ownership issues for public, educational and government access in the near future. Kautz asked what the changes to PEG access would mean. Reardon stated that the Commission and Cities need;to assess whether to create a non-profit management company for PEG access or not. Awada stated that she believes cable as at eiiists47 w:� 411.go away and be replaced by a combination of satellite, cable and over -the -air competitors. fte asked ifther4-t.-ks a way to provide PEG access in that revised environment. Reardon responded that P....�coeS$:fs:.p..ofected in the Telecommunications Act, but that the means of protection has not yet been: i#efi i 4:::::fie'stated that the Act requires that anyone who provides video signal needs to provide PEC:doss Thompson stated that another issue was the need for cities to protect themselves in areas that affect land use. She said that it was important for cities to identify what's important to customers to ensure that service goes where you want it to. Hunter stated that there is a need for a telecommunications plan because regardless of the format which is most competitive, it will involve a cable connecting services to customers. He said it may be a telephone line or a. cabj; lst>e: ttii#:l#: yrjll: ;� .rnro-way communications line in any case. O'Malley stated that personal communicatkinii:sys eiiis: e: r 2What limited in their abilities and that satellite communications also have limitations. He said that Ike. highest-q!4ality telecommunications will likely always require some type of cable. Mayor Egan stated that what should define a4i4commOki0tions plan is what the consumers and the market want. He said that the cities need to preserve opportur'iftias in the areas of PEG access but that he would like more discussion on what would actually be accomplished by a telecommunications plan. McKee stated that the history of the Cable Commission has been to regulate. He said that the conservative philosophy suggests less regulation and that we should be advocates of installation of communication opportunities. and that our focus should be on reducing barriers rather than creating regulations. Egan stated that the need remains to retain opportunities of all kinds. Awada asked if it yi8 appropriate for cities to be doing any sort of telecommunications planning. She asked whether the riiafiket should determine the shape of the telecommunications future. She said that;t :Citj ;V#e t. ftyg.-ordinances on such things as tower heights which should address land use issues. O`Af 11 ii :fit # ue is also one.of Iirnited space in rights-of- way. Reardon stated that telecommunications attorneys are suggesting that cities establish certain basic policies to ensure that the rights-of-way are managed. Kaut_+44cated that it is not an issue of regulation versus control. She said the cities can simultaneously encourage:jppportunities for service, support opportunities for PEG access and manage rights-of-way and other land use issues. Hohenstein indicated that the issues most often noted by people in the teleeommU WlOm::O'r ::br*#;4flagement of the rights-of-way, the cost of administering multiple uses in a finite space Wkq CflnEiS trftita'�ni 'i} f r:; ublic improvements from street openings, service cuts and so on. Kautz stated that businesses want ckos ;that are well pt; iii ii~d, well managed and know where they're going. She indicated that a telecommunicatioti> ::Q1 R;s ould be:O*irri by the industry as a benefit rather than a restriction. Shover stated that if we go through'�• ill3sAmr.kU:pFiiiless, we need to involve the many disciplines Identified by staff including planning, public works, eiigAiiering, zoning restrictions, cable communications and telecommunications. Crichton stated that he feels we need to plan for telecommunications and that we need to control the rights-of-way. He stated that we may or may not choose to charge for it but that we do need to control and manage it. Hedges stated that the City of Eagan is planning to address these issues with all of its utilities in its upcoming franchise renewals. Awada suggested that the group discuss the Olork ifself aissues they had consensus on. She said that everyone seems to be able to agree on the iiaed to coni N land use issues. Kautz stated that the Councils ought to outline and scope out the report thq:@xpect tht;Commission to prepare. McKee indicated that he feels the market is doing the planning and Wi:i Auld be:#tick:en into account in any city plans. Shover stated a belief that all plans need to be basal:iii1i=eciS:esft" tent. Hohenstein indicated that one aspect of a plan will be to ensure access to users'tb' promote c6iiieffton and the best services possible to Eagan residents. He said that a plan should also address land use issues and desirable services for consumers and service providers. Masin stated that the Commission should do a needs assessment and start the planning process. Crichton indicated the cities should not wait -Apr a plan to be completed to do a right-of-way ordinance. Staff indicated that the right-of-way ordinance coUl>;i::pi�;lprwarded to the Councils ahead of an overall plan. Kautz summarized the responsibilities of each party'1Frat• f:i gert suggested by the discussion. She said that the role of the Councils would be to confirm to Conjqress''and;f: :egiplature the authority of cities over public rights-of-way, to determine the use of franchi;j� fees to ctvec:'.costs and promote telecommunications opportunities, to determine whether fees should; be ,cW06g JI&" fie use of rights-of-way and to approve a telecommunications plan including design pararjllriOriftiimum standards for users entering the community. She indicated that the role of the Commissij%:*as•tti'continue with the franchise renewal process, to present an outline and methodology for a telecommunications plan, to begin the needs assessment associated with the telecommunications plan, to continue to be educated regarding emerging technologies and communication needs and to plan in a way which preserves consumer and provider opportunities. She indicated that the role of staff was to develop a plan to manage telecommunications and other utilities in the rights-of-way, to assist in the needs assessment, to implement the plan developed by the Commission and approved by the City Councils and to control the costs for provid rS::sa Asa€;o iPbd* ;IS maximized. Hunter agreed that the Councils should get M:cutline and -methodology from the Commission before a plan is begun. Shover stated that the approach;:Oth the COtjsumers and providers should be one of partnership rather than regulation or control. Awada Wed that Vit; Commission should ask companies what they need to ensure the best available services. May iri'ifrcated thai: w Commission and Councils need to focus on the outcome and not necessarily the medium by which a plar4-'ieveloped. Masin stated that she believes a telecommunications plan is essential and said that is analogous to planning a city with or without transit. She said many suburbs have been planned without transit in mind and that it is very difficult now to reintroduce other means of transportation after the fact. The Councils also reiterated the direction to staff to bring a right-of-way ordinance back to the Councils in the near future. The Councils then indicated by acclamation that the name of the Commission should be changed to the Bumsville/Eagan Mist communications Commission. The Mayors thanked all participants for their work in the meeting. The meeting was adjourned at 8:40 p.m. JDH JOINT MEETING til'T`S':& CABLE COMMISSION APRIL 9,1996:: THE BIG PICTURE OF TELEC [WCAT-IONS When the Cities of Burnsville and Eagan considered awarding their first cable franchise in the early 1980's, consumers received only a handful of local broadcast channels, telephone companies provided mostly plain old telephone service (POTS) which did not include fax capability, PC modems, and the pletlx4 is/screenings, etc., and few homes (if any) had personal computers. To*.;*.3a P to the seemingly daily advancement of telecommunications technology, the cons choice Of telecommunications services will affect how the Cities/Commission not only T are fo;.xhe renewal of the franchise, but how they must view their role in local telecourueaic s platg, management and delivery of services. Just as the development of the railway and the infer'state freeway systems changed where Americans lived, developed and conducted business, or in turn created (economic) ghost towns, the information revolution of the 1990's will have even more of an economic and cultural impact on our citizens and community. Cities that plan and prepare for this new revolution will ensure that their communities do not becd e.tbe economic and cultural "ghost towns" of the 21st century. But, what are some of the- twill affect this major paradigm shift, and what can the cities do to ensure survival? Telecommunications Act of 1996: • Intends that competition will f�siKi i:"lopment and implementation of converging technologies • Affirms local governmental control, management and compensation for use of their public rights-of-way • Provides for federal and state oversight in numerous matters State Telecommunication Activities''' • Newly defined roles for public utilities cA*�uniss10 and other state agencies • Telecomm providers will attempt to cirai vent IO- Wities involvement in rights-of-way issues by eliminating or transferring rega� raleo the states Effect of Telecommunications Applications: • Extensive increase in the number of PCS (personal communications systems) and other cellular services • Increase in right-of-way digs for the placement of ecomm plant (fiber, etc.) • Eventual congestion of rights-QfW..-qs, ace • Management of rights-of-way k..#c•� •'ma# ain airs/replacement of roads & .. .• •.....:.•:. infrastructure • Ability of telecomm providers to compete and/oibyout other providers will create new competition and/or monopolies • May create new role(s) for cities department/staff, and/or blend new responsibilities Joint Meeting - Member Cities & Cable Commission Page 1 CABLE COMMISSION'S MISS t .ft*ii Wk`•I'':& 1996 GOALS As the Member Cities of Burnsville;and Eagan start wgddress these and other telecommunications issues in the coit#tanity, the Ciati#ils will require knowledgeable guidance. In addition to staff and consultants,flit Qci #�4Y wish to rely on one or more of their advisory commissions/committees. When'i'4*V:C .ble Commission was originally formed in 1983, it was determined that the Commission's title should include the term "communications", so as to reflect its involvement in more than just cable. Several years ago the Cable Commission recognized that their "world" was fan ino :and that other competitive telecommunications services would soon impact the incRi $t`cesizui3#thity. Over the last two years one of the Cable Commission goals has been to becoti#i� sore .... and informed on telecommunications matters/issues. Commission's Mission Statement's, To ensure the availability and accessibility of reasonably priced, quality telecommunications and public, educational and governmental access services via present and future technologies. Commission's 1996 Goals: 1. To ensure compliance with thb:ieurrent'frg ise agreement and to continue the franchise renewal process In 1996, the Commission will con:ritsession focusing entirely on the renewal process and initiate both a needs assessmet'(involving focus community groups) and technological review. 2. To continue to be educated on emerging technologies and to extend that education to the Cities and public The Commission believes that in-iiit < *fo`4�.:education, they must expand the education to the Cities, and that they see theptential role of the Commission developing from a cable advisory focus to the broader role of ocommW . cations advisory. 3. To consider a long range telecommunicatid&-plan The plan would provide both a telecommunications direction for the cities, as well as an economic development advantage. 4. To promote and advocate for Public, Eduion and Government (PEG) access An objective under this goal is to research and consider -once and for all the possible transfer of public access operations. Joint Meeting - Member Cities & Cable Commission Page 2 MAJOR TELECOMM ISSUES I, CI'T'IES & CABLE COMMISSION Franchise Renewal The Member Cities cable franchise ea ii ,s, in July,,1 8 Until recently, the renewal of a cable franchise focused primarily on the currd#i# t ,tft formance, and the cable television needs/wants of the community. However,'tl e'review and development of the next franchise has been complicated by the passage of both the 1992 Cable Act and the 1996 Telecommunications Act, as well as the convergence of telecomm technologies. No longer should cities just review the present cable operator's performAnca/servica And the. community's needs/wants. Instead, many cities are now incorporating iu€:rsiva1 process the analysis of the cities telecommunications needs. Issue for Consideration: How extensive s M%*ber Cities renewal process be? The use of outside facilitator/consultant(s), a : 'a:::- iric a3saft d use of comprehensive community focus groups could assist in the development an overall''telecommunications strategy and plan. The franchise renewal would be a part of this. Rights-of-�' y Ordinance Currently the following "utilities" e:contained in the Member Citiesrights-of--way: water, sewer, gas, electric, telephone and Mkl&vision. The placement of the utilities may be controlled by current ordinance(s). Howe ii,`*` `titiipetitive technologies start to plant their "wire" in the ground, or replace/abandorttlleir curirt `:`re", it could be only a matter of time before the rights-of-way become congest.;:;ir:aia as backyards and streets are torn up by providers, there will be manage me.,: is ement costs associated with this activity. Issue for Consideration: Both federal and state laws currently allow for the adoption of local public rights-of-way ordinances. Such ordinances allow the locality to govern use of their rights- of-way, and to receive just and fair compensation for the use of the rights-of-way. Both the League of Minnesota Cities and tha.C-0.!,q•Convms&ion'$ legal counsel, Tom Creighton, have developed sample ordinances. Telecommunications Plan Through the adoption of comprehensive lana ikse plan tdinances, cities have established the blueprint for the use of the community's land and resp . es. The plan provides direction to all parties who develop and build in the community, whether it is commercial, residential, private or public activity. Cities have started to realize that the use of telecommunications, both in the rights-of-way, and throughout the community, is also . -a use of land and resources. Numerous cities have, or are in the implementation stages, of devik"�oping municipal "telecommunications plans" which, much like the comprehensive land use 01&, dictates development criteria for the placement and use of telecommuniir -M-0 " o- we, and capacity throughout their communities. . Issue for Consideration: As the Cities/Commission pureed with the franchise renewal, should the Cities consider the development and adoption of a telecommunications plan? Joint Meeting - Member Cities & Cable Commission Page 3 .......... PEG Access Transfer As a requirement of the cable franchise, the cable ope�,% is required to provide PEG access support and operations. Several tirtft-over the term Ofabe franchise, the operator and the Cities/Commission have visited the".' .... *.. je trans a '�kf-public access responsibility to another entity, probably to a non-profit access"ile the current operations provide quality programming, it is mostly volunteer based direction or focus on what is provided on channel TV 15. With the adoption of the PEG access fee pass-through on January 1, 1996, the PEG access transfer issue has again surfaced, this time by the Commission. It has always been understood, that the subscriber has 4WA '. d yl;.pm infta or the access operations through their bscriber to pay for it directly. f cable subscription. The pass-throu &*.* The most recent subscriber survey concludex.khat 80% Qt the subscribers believe that local community programming is important, FW'Oi�r7nore ':*"ost two-thirds have interest in community news/information prog*r"' :*:*'U''i ...ent access operational scenario it is .... .. ... doubtful that true "community television," whicf�'-f*86"uises on the subscribers/communities needs, will be met. However, by partnering and/or combining the resources of the public, educational and government access operations, some of these now missing activities might be realized. Issue for Consideration: programming on TV 15, should the'r6c" subscriber and the communities best DISCUSSION/COMMENTS/Q acknowledges the quantity/quality of �rship" of what is provided to ensure the �tial for "community television?" Based on the material provided, and the information that will be presented at the Joint Meeting on Tuesday, staff requests that at a minimum the meeting's participants focus discussion on the following items/issues: Role of Cable Commission as,:N46fib6k:t'ffi6 der telecommunications issues • Role of staff/departments, who is to ad* inter tekCbmmunications resporisibilities -77 • Should the Cities consider the development of a do"' h1prehensive telecommunications plan and rights-of-way ordinance • Should the franchise renewal process be expanded, if feasible, to assist with the development of the telecommunications plan • Based on the existing access xhow -ATe the subscribers/communities realizing the full potential of the PEG access 6 8§` Joint Meeting - Member Cities & Cable Commission Page 4 Agenda Information Memo May 7, 1996 Eagan City Council Meeting The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. ResignationBuilding Inspector -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Michael Lence, a building inspector in the Protective Inspections Division. Item 2. Resignation/Part-time Receptionist/Police Department -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Linda Seifert, a part-time Clerical Tech II/Receptionist in the Police Department. Item 3. Part -Time Receptionist/Police Department -- ACTION TO BE CONSIDERED: To hire Linda Marlin to fill the part-time Clerical Technician II/Receptionist position in the Police Department. FACTS: The City recently hired a part-time Clerical Technician II/Receptionist for the Police Department. Ms. Marlin is the next person on the hiring list for that position. Item 4. Administrative Secretary -- ACTION TO BE CONSIDERED:. To approve the hiring of a person to be named as the Administrative Secretary in Administration. Agenda Information Memo May 7, 1996 Eagan City Council Meeting FACTS: During the last week, testing and preliminary interviews have been held for this position. Final interviews for the position are scheduled to be held on Monday, May 6, in the afternoon. It is hoped that the City Administrator will have a name for the person to be recommended to be hired for this position at the City Council meeting on Tuesday, May 7. Item 5. Temporary MIS Assistant -- ACTION TO BE CONSIDERED: To approve the hiring of Mark Heutmaker as a temporary part-time MIS Assistant. Item 6. Part -Time Seasonal Civic Arena Supervisor -- ACTION TO BE CONSIDERED: To approve the hiring of Bob Ottman as a seasonal part-time Civic Arena Supervisor. Item 7. Seasonal Ballfield/Athletic Field Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of John Hassett, Tim Dealy, Ryan Rausch, and George Sellner as seasonal ballfield/athletic field attendants. Item 8. Seasonal Park Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Velta Jean Martin and Kevin Doehling as seasonal park maintenance workers. Item 9. Seasonal Tree Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of Mark Rehder as a seasonal tree inspector. Agenda Information Memo May 7, 1996 Eagan City Council Meeting Item 10. Seasonal Weed Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of Leroy Berg as a seasonal weed inspector. Item 11. Seasonal Horticulturist Technician -- ACTION TO BE CONSIDERED: To approve the hiring of Diana Bolinder as a seasonal horticulturist technician. Item 12. Seasonal Forestry Technicians -- ACTION TO BE CONSIDERED: To approve the hiring of Stanley Schneider and Marc Shippee as seasonal forestry technicians. Item 13. Seasonal Street Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Edward Lang, Jr. and Sean Moilanen as seasonal street maintenance workers. Item 14. Seasonal Concession Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Nora Flueger, Lei-Lani Fischer, Martha Buyck, Deborah Buntjer, Holly Confer, and Julie Beecher as seasonal concession workers. Item 15. Seasonal Summer Recreation Program Assistants-- . ACTION TO BE CONSIDERED: To approve the hiring of Jarrod Ryan and Amy Smiler as seasonal summer recreation program assistants. 4/ Agenda Information Memo May 7, 1996 Eagan City Council Meeting B. CHANGE ORDERS MUNICIPAL CENTER BUILDING PROJECT ACTION TO BE CONSIDERED: To approve change orders in the net amount of $181.68 for the Municipal Center Expansion as presented. FACTS: • The Municipal Center Project is nearing the end of its punch list and contractors and the construction manager are finalizing paperwork associated with earlier change orders. E & V indicates that approximately 20 change orders are outstanding, representing approximately $5,000 in cost. These items have previously been accounted for in the project budget and have been noted in financial reports as changes pending. The construction manager is strongly urging all contractors to complete the paperwork in order to have the contracts paid. The remaining items will be forwarded to the City Council as they are received. ATTACHMENTS: • Staff memorandum on page —4)-- s — city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 1, 1996 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS The City is in receipt of three change orders for the municipal center remodeling for a net deduct of $181.68. The changes are described below: 1. Mulcahy Inc. - Change Order #9/pco #78 - Additional sound attenuation in Council Chambers and evening existing conditions less backcharges for cieiling work performed by others and clean up - $157.00. 2. Mulcahy Inc. - Change Order #12/pco #103 - Backcharges for caulking done by others and credit for reduced scope of work - ($735.93). 3. Peterson Electric - Change Order #11/pco #111 - Additional ground fault circuits and fixtures in elevator room and pit - $397.25. These changes have been reviewed in detail by the consultants and staff. If any Council member wishes additional information, please let me know. Agenda Information Memo May 7, 1996 Eagan City Council Meeting C. SUBSTANTIAL COMPLETION AND ACCEPTANCE, EAGAN POLICE FACILITY ACTION TO BE CONSIDERED: To acknowledge substantial completion and accept the Eagan Police Facility from the project contractors. FACTS: • The Police building was substantially complete when it was occupied on April 14, 1995. Ongoing punch list and corrective activity continued during the construction of the Municipal Center Expansion. When Certificates of Completion were received from all contractors, they were forwarded to the City for consideration by the Council. These items have been reviewed and are in order for action at this time. D. RATIFY, AUTHORIZATION TO PREPARE HIGHWAY 55/149 REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT PLAN AND SCHEDULE PUBLIC HEARING ON JUNE 4, 1996 ACTION TO BE CONSIDERED: To ratify the Council's direction at its work session of April 23 to prepare a redevelopment tax increment financing plan for the eligible area around Highway 55 and 149 and to schedule a public hearing for June 4, 1996. FACTS: • The City Council reviewed a recommendation by the Economic Development Commission to consider tax increment financing for a redevelopment area at the intersection of Highway 55 and 149 to facilitate the removal of blight, land assembly and public improvements within the area to permit it to develop to a more orderly and higher use. • Staff has submitted the necessary notices to the Dakota County Board and Independent School District 197 to permit the public hearing to be held on June 4. A neighborhood meeting will be held with the affected property owners and the tax increment plan will be prepared on the basis of that date. If the Council chooses to move forward with this district, the plan must be approved prior to any redevelopment, corrective activity or new development within the district. ATTACHMENTS: • Excerpt from Commission/staffs memorandum on pages f through —ID). MEMO — city of eagan TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ECONOMIC DEVELOPMENT COMMISSION MEMBERS CITY ADMINISTRATOR HEDGES FROM: CATHY CLARK-MATUSZAK, EDC CHAIR JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR DATE: APRIL 19, 1996 SUBJECT: JOINT CITY COUNCIL/ECONOMIC DEVELOPMENT COMMISSION .MEETING The Economic Development Commission has addressed a number of issues since the Council and Commission last met. Recommendations on individual items have been forwarded to the Council as they were developed. '` A number of other issues are appropriate for discussion at this time. As the Council makes a point of meeting with its commissions on a regular basis to maintain communications and relationships with their members, a joint meeting is scheduled for Tuesday evening. Because of the nature of the first item, it is expected to take slightly more time than the other items to be discussed at the meeting. 1. Hwy 55/149 Tax Increment Financing District ,Background - The completion of the Mendota Bridge reconstruction and the associated upgrades to Hwy 55 have enhanced the accessibility of the Hwy 55/149 area in Eagan and have opened it to higher levels of traffic to such an extent that it represents another significant entrance to the City. The area includes some of the older industrial properties within the City and scattered residential development. While some of the properties are in good condition, few meet current fire and accessibility codes, some are in need of renovation and others are blighted and obsolete. For parts of this area to develop most efficiently and to its highest value, it will be necessary to assemble certain properties and demolish substandard or inappropriate uses. To the extent that public participation is necessary for this to happen, it is more feasible•pdor to new development than after the fact. Rx Tax Increment Redevelopment District - The Hwy 55/149 area meets the criteria for substandard buildings and lot coverage necessary for the establishment of a Redevelopment Tax Increment District. Redevelopment Districts offer the greatest flexibility to cities in that they can be certified for up to twenty-five years and the state -aid penalties are phased in later and more slowly than with an Economic Development District. The restriction on the District is that at least ninety percent of the increment must be spent correcting the conditions that created the District in the first place, typically blight, obsolete uses or buildings, obsolete infrastructure and so on. No more than ten percent of the captured increment may be used for administration, economic development or other qualified expenses. The District can be included within the existing Northeast Eagan Tax Increment Program Area. The plan for the area will need to be modified because it did not contemplate the use of funds for redevelopment purposes. A diagram of the proposed district and its location within the existing Project Area is attached. District Findings - The but -for test in the case of such a district need not relate to a specific development, but rather to the overall substandard conditions. The City must find that the correction of the substandard conditions would not occur in the reasonably foreseeable future without the use of the tool. The market may redevelop parts of the area without assistance, but the comprehensive renovation of the area - land assembly, elimination of blight, certain improvements - would not occur without the use of the tool. Upcoming Activities - If the City wishes to move forward with this Redevelopment District, it is important to do so this spring. The Airliner and Spruce Motels are among the blighting conditions that meet the land coverage qualifications for the District. The owners are interested in seeing these structures demolished this year. In addition, there is increasing interest in the market for properties in this area and the development of vacant parcels within the District could serve as a basis for redevelopment activities elsewhere in the District. In particular, Johnson Controls has submitted an application for the development of an automotive seat manufacturing facility within the district and wish to begin construction in early June. It is advisable to have the district in place before these activities begin. Commission Findings - At its February meeting, the Economic Development Commission voted unanimously to recommend that the City Council consider the formation of a Redevelopment District to foster redevelopment in this area. In taking this action, the Commission noted that it will permit a more comprehensive approach to the improvement of the area than would occur without the district, that private redevelopment would likely be more piece -meal and would take longer and that the assistance would improve the tax base, development opportunities and appearance of a gateway to the City. G] Issues to Discuss: Since the City has used tax increment and other business financing assistance sparingly in the past, it is important to discuss whether circumstances support the use of the tool in this area, for these purposes. Unlike economic development districts, a redevelopment district can be used to correct substandard or obsolete conditions to allow an area to redevelop to a higher and better use. Because redevelopment districts are less tied to specific developments, they need to take into account the needs of the overall district. Depending upon the Council and Commission discussion and the status of the Johnson Controls Proposal, it may be necessary to request Council action to direct preparation of a Tax Increment Plan for the Redevelopment District at Tuesdays meeting. l0 Agenda Information Memo May 7, 1996 Eagan City Council Meeting E. MASSAGE THERAPY LICENSE, JESSICA KITTLESON AT LIFETIME FITNESS ACTION TO BE CONSIDERED: To approve a massage therapist license for Jessica Kittleson to work at Lifetime Fitness. FACTS: • Staff is in the process of preparing a comprehensive report concerning licensing items which may be handled administratively. This will be forwarded to the Council for its consideration in the near future. In the meantime, it is necessary to process license applications which are received. • This application has been reviewed by staff in the Police Department and no reason has been identified to deny. ATTACHMENTS: • Copy of application enclosed without page number Agenda Information Memo May 7, 1996 Eagan City Council Meeting F. APPROVE AGREEMENT WITH R.L. YOUNGDAHL & ASSOC., INC. FOR INSURANCE BROKERAGE SERVICES ACTION TO BE CONSIDERED: To approve a three (3) year agreement with R.L. Youngdahl & Assoc., Inc., for insurance brokerage services. FACTS: • Beginning with the 1989/1990 insurance year, the City paid for insurance brokerage services based on a 10% commission or a 5% increase over the previous year, whichever was less. This system remained in place through the 1992/1993 insurance year. The cost for the last year was $24,925. • In June of 1993, the City approved a three (3) year agreement with R.L. Youngdahl & Assoc., Inc., at an annual cost of $16,000. This agreement resulted from an RFP process and included a detailed list of activities to be performed on behalf of the City. This three (3) year agreement ends June 30, 1996. • Staff requested and received a proposal from R.L. Youngdahl & Assoc., Inc., for another three (3) year agreement. After some discussion and negotiation, the annual service fee is reduced to $13,200. • Given the current level of service and satisfaction along with the 17.5% reduction in annual cost it is staffs recommendation that the proposal be approved without conducting a formal RFP process. • The proposed price is approximately 60% of standard commission fees based on 1995/1996 premium levels. I� Agenda Information Memo May 7, 1996 Eagan City Council Meeting APPROVE SENIOR CITIZEN SPECIAL ASSESSMENT EFERMENT - PROJECT #643 OSLUND TIMBERLINE ACTION TO BE CONSIDERED: To approve a senior citizen special assessment deferment with Eugene D. and Reaolo R. Miller for 3061 Loon Lane (Parcel #10-55300-220-04). FACTS: • Section 2.75 of the City Code provides for deferment of special assessments for persons 65 years of age or older who meet certain conditions. • Mr. & Mrs. Miller meet all conditions for deferment outlined in the City Code. • Project #643 which reconstructed the streets in the Oslund Timberline Addition was assessed at the April 16, 1996, City Council meeting. ATTACHMENTS: • Enclosed without page number is a copy of the completed application and a handwritten note explaining the income situation. Agenda Information Memo May 7, 1996 Eagan City Council Meeting H. DELOSH ADDITION - FINAL SUBDIVISION ACTION TO BE CONSIDERED: 1. To approve or deny the Final Subdivision for DeLosh Addition for 13 lots on 9.9 acres in the SE 1/4 of Section 4 located north of Skyline Drive, south of Highview Terrace and west of Highview Park. FACT: ► Final plans, development contracts and financial guarantees are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map - page. I • AM AAM mal) - m W Ar,ln rr sw-.r ^p avow 3Nmms ui OC! Or 91 I I W ! • JIM y in M _� tt 1 r �� •rst i .rrw w J' 1 • w � uj 0] ~ inI 1< 1 , 1 •nn COf M ,.l0AL.00 N �9OZ£t y ..lY� w ralo,n A'1MHM W dW u a s vl iollwA Af41 o sn iMl0 i W M .10,96M N Z ON N011IilOY 1SOd - a - I'y! i:; wiu NOLLd3DX3 �; I �� v _I A!a., I r.: a Rk dBib iR LLS w) ir �I .� „A J. �,NI.A..i>t.,, I LI: r 00.0££ M Jijlem N LL a- ` ¢LINn� maw W 1 I I I •aal } CD 00 R R +t> 301diltl3l 3001ilHOIF� q - low S .rhe N • \ ! I • AM AAM mal) - m W Ar,ln rr sw-.r ^p avow 3Nmms ui OC! Or 91 I I W ! • JIM y in M _� tt 1 r �� •rst i .rrw w J' 1 • w � uj 0] ~ inI 1< 1 , 1 •nn COf M ,.l0AL.00 N �9OZ£t y ..lY� w ralo,n A'1MHM W dW u a s vl iollwA Af41 o sn iMl0 i W M .10,96M N Z ON N011IilOY 1SOd - a - I'y! i:; wiu NOLLd3DX3 �; I �� v _I A!a., I r.: a Rk Agenda Information Memo May 7, 1996 ./191 W : 161 10 i .13 U 1,/ Ri LINIF1111 ) .13 W410 1 ACTION TO BE CONSIDERED: ► To approve or deny a 90 day extension of the Preliminary Subdivision (Indy Lube Addition) approval for Outlot A, George W. Giles Addition, located north of the Phillips 66 station, west of Pilot Knob Road and east of I -35E. FACTS: On May 15, 1995, the City Council approved a Preliminary Planned Development and Preliminary Subdivision for an Indy Lube facility on this property. However, Indy Lube did not proceed with the development. A subsequent proposal for an eight -bay Midas auto service facility was denied by the City Council in February of 1996 because of several variances associated with the proposal. The site is now being considered for a six -bay Precision Tune auto service facility and the City has received a development application from Precision Tune to amend the Planned Development previously approved for Indy Lube on this site. The Precision Tune proposal is consistent with the Preliminary Planned Development approved for Indy Lube, however, it includes fewer deviations from Code requirements. To allow additional time to submit and process the Final Subdivision application to plat this outlot, the property owner, Phillips 66, is requesting an extension of the Preliminary Subdivision (Indy Lube Addition). BACKGROUND/ATTACHMENTS: Letter of request for extension, page j2. Preliminary Subdivision, page' . PHILLIPS PETROLEUM COMPANY P.O. SOX 277, BALLWIN, MO 63022 Telephone: 314/458-9767 Fax Number: 314/458-9780 April 19, 1996 City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Attention Ms. Pam Dudzi.ak Re: Extension of preliminary subdivision approval Outlot "A" George W. Giles Addition To Whom It May Concern: We request that the preliminary subdivision approval granted for the subject site in 1995 be extended so that approval of the Precision Tune application can proceed. Thank you. Sgert R Hardt �� 2 5 1996 3• ��Sr♦•GP%`. �;a '.v ':r.. `,<Q!-y.�y '•iiSv w,' '�= - �. " A".- ,5..'� ..e i i� :�: •, "., ' . 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CJIN �!Q1 L• '- i �+M'�* D-...;.EQ71d':" rM� �' 'i:: (� w�; t_ •.:�I,•:Cti,... `:S• ..f. ��:�,r��'';*,, 'v.. ♦ %r'.•.u1:. �y�•�'�� ')'Y�� j('-� .:Y 911i�2i��: ��$ll�: ZZ ------------------ v ...: r ,_ : •'��i•r'wa t - +te'M.i ' ,. . c .._� -•�.. • .. s •.t':.. •:. •,rte �''y,,. /!-..,'��':.;�::�%�i ',a ,•`\ `.'`' ,111,1\• �I'' �•J: 01 �� �• .'!r `:'�. .'•.'.1 ,a•�• � '- '�� , . a,\ \ as \ � ,� a'� �,, `` „ ` S7: 1 � � l i a � -.1 1:::' •n �. ' ��� :?�' ;: • ` f : I . I �::=.t. =.. i `a \ as as ' `. •, ` �� �� Q 'I � ;.. I�'' • ��,. ..� � , �I as a a •a �.\ '`T� • 1' S � � L .i� "'t. F3—c a`, •a'a a \s ,� `a �. `� �` ♦ '�. .i.'.'.' - � Iis. :� ;�••�;.::..: � �'����';q ( I . f y, • ..i. •. \ a as a, \.`\, a.\Z , ` ` � f . f. i '•�• .. •.�,r •' «+� ... , r' .. f . �,. is; T01'i. bD ;f as ij 3_ .,{{.` �t. �, �\ f � •'•.• �� I Agenda Information Memo May 7,1996 JROJECT 701, SOUTH HILLS ADDN ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 701 (South Bills Addition - Street Rehabilitation) and schedule a public hearing to be held on June 4, 1996. FACTS: 0 In accordance with the 1996-2000 5 -Year CIP, the South Dills Addition was identified as a neighborhood for consideration of rehabilitating the street surfacing in 1996. • On 2-6-96, the Council authorized the preparation of a detailed feasibility report to evaluate this proposed public improvement. • This feasibility report is now being submitted to the City Council for their consideration of scheduling a public hearing to formally present and discuss the issues associated with this proposed public improvement with all affected/interested property owners. 6 An informational neighborhood meeting was held on April 11 and a small survey has been subsequently sent to all property owners soliciting additional information that will be compiled and presented at the time of the public hearing. Agenda Information Memo May 7,1996 K. CONTRACT 94-04, ENGLERT ROAD ACTION FOR COUNCIL CONSIDERATION: To approve the 6th and final payment of $2,000 to Ryan Contracting, Inc., for Contract 94-04 (Englert Road - Street & Utilities) and authorize acceptance for perpetual maintenance subject to appropriate warranty provisions. FACTS: City staff has received a request for final payment from the contractor through our consulting engineering firm for the above -referenced public improvements. All inspections have been performed by representatives of the Public Works Department and found to be in compliance with the City prepared plans and specifications. This project is now in order for favorable Council consideration of authorizing the final payment and formally accepting the public improvements for perpetual City maintenance subject to all applicable warranty provisions. Agenda Information Memo May 7,1996 L. VACATION OF PUBLIC RIGHT-OF-WAY (YANKEE DOODLE CT & KUTOFF DR) ACTION FOR COUNCIL CONSIDERATION: To receive the petition to vacate public right-of- way (Yankee Doodle Court & Kutoff Drive) and schedule a public hearing to be held on June 4, 1996. FACTS: The staff has received an application requesting the City Council to consider vacating the public right-of-way for Yankee Doodle Court and Kutoff Drive as dedicated with the Gopher Eagan Industrial Park 1st Addition. This property is proposed to be replatted as the UPS 2nd Addition. However, consideration of preliminary plat approval by the Advisory Planning Commission was continued from its meeting of April 23, 1996. All application materials have been reviewed and found to be in order for favorable Council action of scheduling a public hearing to formally discuss the merits of this request. ATTACHMENTS: Location map, page aI D n W \/AItiATlrlwl nITr city of eagan PUBLIC WORKS DE PARTME LOCATION MAP GOPHER EAGAN INDUSTRIAL PARK 1ST ADDITION approved: standard plate #: Agenda Information Memo May 7,1996 M. PROJECT 706, WILDERNESS RUN RD ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 706 (Wilderness Run Road - Overlay) and schedule a public hearing to be held on June 4, 1996. FACTS: • The 1996-2000 5 -Year CIP has identified Wilderness Run Road from Pilot Knob Road to just east of Capricorn Court for consideration of a structural pavement overlay in 1996. • On 3-1.9-96, the City Council authorized the preparation of a detailed feasibility report to identify all aspects associated with this public improvement. • This feasibility report is being presented to the Council for their consideration of scheduling a public hearing to formally present all aspects of this public improvement to all affected/interested property owners. • An informational neighborhood meeting was held on April 18. Mnutes from this meeting and any subsequent comments will be provided at the time of the public hearing. aL 3 Agenda Information Memo May 7,1996 N. TRAFFIC SIGNAL AGREEMENT (LONE OAK RD & 35E) ACTION FOR COUNCIL CONSIDERATION: To approve MnDOT Traffic Control Signal Agreement No. 73899M (Lone Oak Road & 35E) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Proposed MnDOT Traffic Control Signal Agreement No. 73899M between the State of Minnesota, Dakota County and the City of Eagan delineates the responsibilities between the agencies for the operation, maintenance, and power provided for the existing traffic control signals incorporating streetlights, signing, and interconnections with other signals along Lone Oak Road. • This agreement supersedes and terminates previous Agreement No. 62017M (dated May 15, 1994) by transferring the operation and maintenance responsibilities for the signals on Lone Oak Road at the exit ramps from the State to the County. • While this agreement does not affect the City of Eagan's previously defined responsibilities, we are requested to execute this revision because we are none the less a party to the previous agreement. • This new revised agreement has been reviewed by the Public Works Department and found to be in order for favorable Council action. a s� Agenda Information Memo May 7,1996 O. CONTRACT 96-07, HAYES & DELOSH ADDN (STORM SEWER) ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specifications for Contract 96-07 (Hayes & DeLosh Addition - Storm Sewer) and order an advertisement for a bid opening to be held on 6-7-96, at 10:30 a.m.. FACTS: On December 19, the City Council held a public hearing, approved the project, and subsequently authorized the preparation of detailed plans and specifications for the installation of the required storm drainage facilities. These detailed plans and specs have now been completed and are being presented to the City Council for their consideration of authorizing the advertisement for competitive bids. Informational neighborhood meetings have been held on September 28 and November 16 of 1995, and again on March 30, 1996, to review the design and construction details with affected/interested property owners. These final detailed plans take into consideration all of those concerns. ISSUES: The installation of the storm sewer facilities is one of the requirements of the preliminary plat approval for the Hayes Addition and the DeLosh Addition authorized by Council action on June 6, 1995 and September 5, 1995, respectively. While some of the easements have been previously dedicated with previous subdivisions and/or acquired under previous public improvements, some necessary additional easements are anticipated to be dedicated with the final plat of the Hayes & DeLosh Additions which should occur prior to formal contract award. The status of the subdivisions will be addressed at the time of proposed contract award presently scheduled for June 18. as Agenda Information Memo May 7,1996 P. VACATE UTILITY EASEMENT (GOVT LOT 6 - PROPOSED SENECA HILLS ADDN ACTION FOR COUNCEL CONSIDERATION: To receive a petition to vacate utility easements (Government Lot 6 - Proposed Seneca Hills Addition) and schedule a public hearing to be held on June 4, 1996. FACTS: Staff has received an application from the developers of the proposed Seneca Hills Addition requesting the vacation of a 20' wide storm utility easement that currently traverses Government Lot 6 (previous Jerome Utecht property). The current storm sewer alignment and easement will be replaced with newly reconstructed storm sewer pipe and appropriate easements dedicated with the Seneca Hills Addition. All application materials have been received, reviewed by staff, and found to be in order for favorable Council action of scheduling a public hearing to formally review the merits of this request. ATTACHMENTS: Location map, page. EASEMENT VACATION SITE LL 1fl , WATER (t7) JOE% f,/� r4 FA('iJTTGENT L• 3 5 I CRT N O , FACLJTY n v� `j PAW 1$ //y"y// I �G� ~�• �DA��� �i � PAR'JL� PA yt N. V �, �� 1u KYLLO LN. r PL 1 •S .� NAZFL _ .�-`^�, I 1 'r I IIS AVER ALL - - 5& VER _ ROE KWK TON �. LAKE 4J of w ILACKNA YIIC 13 V w000mm TR PARK 40 wren i a C LA� OPS E TR. I COM► i9: - -•- — ` P� R N J r W �y , h jrZ Si TR. TACOWE TRA& ►� ��• aii lA ,`0 N A. C PAR r ` _�. _ .. �.....`, �I c 15 A C' r 1 �EA001MLARK LN u c, OnT� CT =n I l J' �. z. ' j META OWLARK PT E CEDAR QD w r J L''" 4. NEAoowLARK WAY ` lJ � 6 zRCMi A. ac c� + "� �ar.c n -� _ tom+ o��� ST a tttw rt 8.4 I1y CT. SA PY' 480121" mm ' CWrLLr ROA 4r I O►w n CORAL 4A. --�CT. p` SOVT R ML's' i� A• .���' a 1 J � a/ a YOR. T, BA6G[R"'\ vA f & TR Qq. fTflY R•+rf t � i�116 \\ � A 6 ���/� � �AR AA TM , � � 3� / a000�OA �q,CpTyE r -city of eagan PUBLIC WORKS DEPARTME LOCATION MAP SENECA HILLS i approved: standard plate #: i CITY COUNCIL MEETING MAY 7, 1996 CONSENT AGENDA • ',:•17W,:•: ITA "N101 toll 167 ACTION TO BE CONSIDERED To approve the Arbor day Resolution setting Saturday, May 11 as Arbor Day and May, 1996 as Arbor Month in the City of Eagan. BACKGROUND Eagan has received the Tree City USA community designation from the National Arbor Day Foundation. Each year the Parks and Recreation Department conducts an Arbor Day Program which includes public participation in a tree planting project. This year the event will be held at the Municipal Center. FACTS: ► Eagan has been a Tree City USA community since 1988. ► The Resolution was recommended for adoption by the Advisory Parks, Recreation and Natural Resources Commission. ► Recognition as a Tree City is based on efforts by the City to promote tree planting in the Community and the Resolution demonstrates that effort. ► The City, in order to promote tree planting, also sponsors a tree sale with over 700 trees sold this year. ISSUES: None ATTACHMENT: A Proclamation of Eagan Arbor Day and Eagan Arbor Month p. CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the state of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all lands, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases, and urban expansion have damaged and continued to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of our City's ubran forests; and WHEREAS, each year the people of Minneosta pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees: and WHEREAS, the City of Eagan has been recognized, for the eighth consecutive year, as a Tree City USA community by the National Arbor Day Foundation and desires to continue its tree -planting programs, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 11, 1996 to be ARBOR DAY and the month of May, 1996 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. Motion made by: Seconded by: Those in favor: Those against: Dated: i•121blaftmrs.96 CITY OF EAGAN CITY COUNCIL By: By: Its Chair Its City Clerk EAGAN CITY COUNCIL MEETING MAY 7, 1996 CONSENT AGENDA Il . FOR COUNCIL ACTION: To approve Joint Powers Agreement with School District #196 for joint development and usage of Red Pine Elementary/Hidden Corner Park and authorize the Mayor and City Clerk to execute the documents. BACKGROUND: The City and School District have previously approved Joint Powers Agreements for Woodland Elementary and Oak Ridge Elementary Schools. The agreements covered such issues as development costs, play equipment maintenance, etc. With the construction of Red Pine Elementary, City and School staff modeled a similar agreement for this school/park site. It would be appropriate to ratify this agreement. FACTS: ► The City and School District 196 have had Joint Powers Agreements for the development, usage and maintenance of school/park sites since 1988. ► The Joint Powers Agreements for Red Pine/Hidden Corner is modeled after previous agreements. ► School District staff has reviewed the new agreement and will be recommending approval to the Board of Education. ► Although the school is now operating, language in the agreement discusses development costs as a precursor to the designation of responsibility for maintenance. CONCERNS: None ATTACHMENT: Independent School District No. 196/City of Eagan Sc ool/City Development and Usage Site Joint Powers Agreement ir. lo 3 9 3Co> INDEPENDENT SCHOOL DISTRICT NO. 196/CITY OF EAGAN SCHOOUCITY DEVELOPMENT AND USAGE SITE JOINT POWERS AGREEMENT AGREEMENT, made this day of 1996 between the CITY OF EAGAN, Dakota County, Minnesota and INDEPENDENT SCHOOL DISTRICT NO. 196, Dakota County, Minnesota. WHEREAS, the City of Eagan is a Minnesota municipal corporation duly organized and existing under the laws of the State of Minnesota (hereinafter "Eagan'); and WHEREAS, Independent School District No. 196 is duly organized and existing under the laws of the State of Minnesota; and WHEREAS, Eagan has acquired 2.5 acres of land in Eagan known as the Pines Edge Addition Park site for the purpose of constructing a park; and Independent School District No. 196 has acquired approximately 14 acres of land known as the Elementary School No. 18 site adjacent to the City site for the construction of an elementary school; and WHEREAS, Independent School District No. 196 and Eagan desire to jointly develop the property allowing both parties to develop the total acres as one parcel according to the Minnesota Joint Act; and WHEREAS, the City of Eagan and Independent School,Qistrict No. 196 historically have had a long and positive working relationship. The joint development of the Elementary School No. 18 site provides the City of Eagan and Independent School District No. 196 with another opportunity to work together in an exciting manner; and WHEREAS, the joint development of the common site affords both parties benefits that could not otherwise be provided and that will be valued for the years to come; and WHEREAS, working together on this project, the City of Eagan and Independent School District No. 196 will be able to save tax dollars and provide additional services to the area. NOW, THEREFORE, the parties agree as follows: 1. DEVELOPMENT PLANS. The parties jointly approve the plans and specifications (exclusive of plans for development of the school building) for the joint development of the property as set forth on Exhibit A. 11. SCHOOL DISTRICT DEVELOPMENT. At the time of building construction, Independent School District No. 196 shall be responsible for the costs incurred and the implementation of the following development items: A. Survey and staking cost for the athletic fields, the school building, parking lot and utilities. B. Site grading, topsoil placement and turf establishment. C. Backstops and maintenance strips for the 2 play fields. D. A minimum of one hardcourt, bituminous play surface. E. 100% of the cost of play equipment. F. Two soccer fields. G. All bituminous trails and sidewalks to provide pedestrian transportation access to the school building. See Exhibit B. H. Shrubs, edger and mulch for school building foundation plantings and other plant materials. All plant materials shall conform to the City of Eagan VII. EAGAN MAINTENANCE. The City of Eagan shall be responsible for all labor and material costs for the following maintenance items: A. Turf and grounds maintenance, including: seeding, sodding, fertilization and weed control within the area identified in Exhibit D. B. Sealcoating, patching and maintenance associated with pedestrian trails, as indicated in Exhibit B. C. Park furnishings including benches, goals, backstops, etc. D. Lining and striping of athletic facilities. E. Removal of diseased or dead trees, tree pruning, tree fertilization and wrapping. VIII. MISCELLANEOUS UTILITIES COSTS. Subject to construction of a school building, Independent School District No. 196 shall be solely responsible for costs of utilities, including electrical, sewer and water, into the site. The City of Eagan shall pay for all costs for any security light(s), if so installed or located near the play equipment, trails access points, etc. IX. SCHOOL BUILDING COSTS. Independent School District No. 196 shall be solely responsible for all costs associated with development and construction fees directly related to the school building, including building permit fees, SAC and WAC charges, road unit, and water treatment plant charges. X. SPECIAL ASSESSMENT. Each parcel shall be responsible for assessments which may be proportioned to that parcel according to City Assessment Policy. XI. DAMAGE COSTS, Independent School District No. 196 shall be responsible to recover damage costs and/or pay for (or repair) vandalism to school building, its appurtenance and parking lots. The City of Eagan shall be responsible fo recover damage costs and/or pay for (or repair) vandalism to the athletic and park facilities. XII. ADDITIONAL COSTS. Any additional physical improvements to the property other than maintenance, excluding the school building and the placing of portable classrooms on the property (but which location of portable classrooms shall be agreed to by the City) after initial construction exceeding $5,000 in cost must be mutually agreed upon in writing by both parties. XIII.CA CESS. Each party shall provide the other party with reasonable access (as agreed to by the parties) to the other party's property (excluding school building) so long as either the City continues to operate its property as a city park or Independent School District No. 196 continues to operate its property as a school facility. This Agreement shall survive the termination of this Agreement. XIV. RIGHT OF FIRST REF SAL AND TERMINATION. A. Termination. Either party may terminate this Agreement by advising the other party by one year's written notice of its intent to discontinue use of its property for the purposes set forth in this Agreement. B. Upon receipt of the notice of intent to discontinue, the parties may agree upon a value of the property to be acquired or each party shall select an appraiser to appraise the property. The two appraisers to selected shall select a third appraiser within 30 days or either party may apply to the Chief Judge of the District Court of Dakota County, Minnesota, to appoint a third appraiser. The three appraisers shall appraise the property according to its market value, taking into account its then current use and 3 ,33 D. A minimum of one hardcourt, bituminous play surface. E. 100% of the cost of play equipment. F. Two soccer fields. G. All bituminous trails and sidewalks to provide pedestrian transportation access to the school building. See Exhibit B. H. Shrubs, edger and mulch for school building foundation plantings and other plant materials. All plant materials shall conform to the City of Eagan Landscape Policy. Plants are to be located as identified in Exhibit C. III. EAGAN DEVELOPMENT. The City of Eagan shall be responsible for the costs incurred and the implementation of the following development items: A. In consultation with Independent School District No. 196, Eagan Shall be responsible for design development, bidding, and installation of the play equipment, play perimeter and resilient material. B. Costs associated with the preparation and submission of the Landscape Plan for conformance with the City's Landscape Policy. C. Standard soccer goals. D. All bituminous and soft surface trails, which provide internal pedestrian access to recreation facilities. E. Players benches, park benches, and concrete maintenance padsL ,,J,.r �K IV. USAGE. Independent School District No. 196 shall have jurisdiction of the entire property for the purposes of scheduling activities during the regular school year from 8:00 am to 4:30 pm on school days and during the summer school program from 8:00 am to 1:00 pm. The City of Eagan shall have jurisdictionlof the entire,.property for the urposes of scheduling recreation activitie with te excep i e sc ool buildin,O at all times other than designated above. V. NON-SCHEDULED USAGE. If either of the parties wishes to schedule activities outside of that party's designated time jurisdiction, as stated above, permission must be given by the other party in writing. A party may have an exception to its time jurisdiction, including but not limited to the following: A. Independent School District 196 scheduled evening and weekend activities. At this time, Independent School District No. 196 shall have jurisdiction over the parking lots and on some occasions, the grounds. B. The City of Eagan maintenance during school days/hours. C. Casual users of the park during school jurisdiction so long as there is no disruption or interference with scheduled activities. VI. SCHOOL DISTRICT MAINTENANCE. Independent School District No. 196 shall be responsible for all labor and material costs for the following maintenance items: A. School building. B. Snow removal and sanding of the parking lots, access roads, internal access drive and hard surface play area. C. Sealcoating, patching, and sub -grade correction, striping and typical maintenance of the parking lot and access road. D. Ground maintenance adjacent to school building as identified in Exhibit D including snow removal and sanding the sidewalk adjacent to the school in order to provide pedestrian access. E. Regularly scheduled playground inspections and maintenance. 2 3w2.. zoning. The average of the three appraisals shall be binding on the parties. The appraisals shall be delivered to the parties within 60 days of the appointment or selection of the third appraiser. C. Election. The non -terminating party shall then have nine months after receipt of the binding appraisal or agreement of value to elect to purchase the terminating party's property for cash or upon such terms and conditions as the parties mutually agree. The closing shall be held within 60- days from the election of the purchase. In the event the non -terminating party does not elect to purchase the terminating parry's property, the terminating party may sell the property to any entity or person. XV. ADDITIONAL LAND. Each party may add or substitute other land to its parcel, but the terms of this Agreement shall apply to such additional or substituted land. XVI. RECORDING. Either party may record this Agreement with the Dakota County Recorder. XVII. AMENDMENT, This Agreement may be amended in writing by agreement by both parties. XVIII. HOLD HARMLESS AND LIABILITY INSURANCE. Each party shall hold the other harrnJess from any claims or causes of action that may arise on the property owned by each respective party and each party shall acquire adequate liability insurance covering all buildings and improvement located on the property owned by each party. INDEPENDENT SCHOOL DISTRICT NO. 196 By: Its Chair By: Its Clerk Dated this day of , 1996. W/aFeewt.196 CITY OF EAGAN By: Thomas A. Egan Its Mayor By: E.J. Van Overbeke Its Clerk Dated this day of 1996. EAGAN CITY COUNCIL MEETING MAY 7, 1996 CONSENT AGENDA FOR COUNCIL ACTION To approve an amendment to the Joint Powers Agreement with School District #196 and authorize the Mayor and City Clerk to execute the documents. FACTS: ► The City has had a Joint Powers Agreement with School District #196 since 1988 for Woodlands Elementary and since 1990 with Oak Ridge Elementary School. ► The agreements provided for future amendments if they were agreeable to both parties. ► The City has been responsible for playground equipment inspection and repair as contained in the original agreement. ► The City has previously developed a play equipment inspection program and records log and has developed a history of experience and expertise with inspections programs. ► District #196 staff has adopted a similar inspections program for their other school site and can readily assume this responsibility at these two locations. ► District #196 staff and Eagan Parks and Recreation staff have reviewed the amendment at a joint meeting and feel the change is in the best interest of both parties. CONCERN: None ATTACHMENTS: Agreement between the City of Eagan and School District 196 to Amend Earlier Agreements. f . 3 & .. 3 3 5 00"wb AMENDMENT TO THE AGREEMENTS BETWEEN THE CITY OF EAGAN AND SCHOOL DISTRICT 196 DATED APRIL 19, 1988 AND MARCH 20, 1990 Whereas, the City of Eagan is a Minnesota Municipal Corporation duly authorized and existing under the State of Minnesota; and Whereas, Independent School District 196 is duly organized and existing under the State of Minnesota; and Whereas, the City and School District have previously entered into Joint Powers Agreements dated April 19, 1988 and March 20.1990 for the joint acquisition, development and maintenance of school/park sites; and Whereas, the agreements allow for the modification of the provisions contained within them: and Whereas, the best interest of public safety in the use of playground equipment will be served. Now therefore, School District 196 and the City of Eagan Parks and Recreation Department hereby agree to the following amendment: That Independent School District 196 shall be responsible for play equipment inspections, repair and maintenance. ` Independent School District No. 196 By. Its Chair By. Its Clerk Dated this day of 1996 City of Eagan By Its Mayor By Its Clerk Dated this day of , 1996 57 AGREEMENT BETWEEN THE CITY OF EAGAN AND SCHOOL DISTRICT 196 TO AMEND EARLIER AGREEMENTS BACKGROUND: The City of Eagan Parks and Recreation Department and Independent School District 196 have previously entered into Joint Powers Agreements for the acquisition, development and maintenance of city/school sites. These agreements specifically relate to Woodlands Elementary/Mueller Farm Park and Oak Ridge Elementary/Downing Park. These agreements are dated April 19, 1988 and March 20, 1990. Specifically as it relates to this amendment, the existing agreements specify that the City of Eagan is responsible for the upkeep and maintenance of the playground equipment. This has involved the City doing routine safety inspections and repair of broken or damaged parts. The City originally worked in cooperation with the District to design the playground structures and had City forces install the equipment. AMENDMENT: The amendment proposes to change the responsibility for play equipment inspection and repair to the School District. The rational is based on the higher sensitivity for play equipment safety and frequent use the equipment receives from school users. The high use pattern implies that District staff is acutely aware of any breakage or wear that needs immediate repair as opposed to the less frequent and periodic inspections performed by the City. Further, because of the Americans Disability Act, these playgrounds will be upgraded to include handicap accessibility which is the responsibility of the District. City forces will be assisting with these installations. This assistance will not only be limited to the two agreement sites but will also include other elementary school sites in Eagan. 3(0 Agenda Information Memo May 7, 1996 Eagan City Council Meeting T. PROCLAMATION EAGAN HIGH SCHOOL "BLUE RIBBON SCHOOL OF EXCELLENCE" ACTION TO BE CONSIDERED: To approve a resolution proclaiming May 23, 1996, to be "Blue Ribbon School of Excellence" day in the City of Eagan. FACTS: • In its brief history, Eagan High School has excelled as a place of learning and of community. That accomplishment has been recognized not only by the quality of its students and activities, but also by numerous awards and recognitions at the local, state and national level. In addition to the proclamation under consideration, a letter will be prepared on behalf of the entire City Council recognizing the value of Eagan High School and recognizing it on Blue Ribbon School of Excellence Day. ATTACHMENTS: • Proclamation on page CITY OF EAGAN, MINNESOTA CITY COUNCIL PROCLAMATION Be it known by all that: • WHEREAS the City Council and the Community of Eagan support K-12 education as vital to the growth of young people; and • WHEREAS Eagan High School is recognized as making important contributions to the culture of Eagan; and • WHEREAS Eagan High School - City Partnerships and Initiatives have improved the quality of life in our community; and • WHEREAS Eagan High School has provided a community "gathering place"; and • WHEREAS Eagan High School has contributed to community pride; and WHEREAS Eagan High School was recently named "Best in the State" by Redbook magazine; and • WHEREAS Eagan High School recently was awarded the Technology Exemplar Award from the United States Department of Education; and • WHEREAS Eagan High School was recently named a Blue Ribbon School of Excellence by the United States Department of Education. Now, therefore be it known that Thursday, May 23, 1996 shall be proclaimed as "BLUE RIBBON SCHOOL OF EXCELLENCE DAY" in the City of Eagan, Minnesota. So be it said Mayor Council Member Council Member 3ti Council Member Council Member OLMA ON1b,r.ie. Agenda Information Memo May 7, 1996 Eagan City Council Meeting U. NOTICE OF INTENTION TO TERMINATE MUNICIPAL BUILDINGS WASTE HAULER CONTRACT & AUTHORIZATION TO SOLICIT BIDS FOR MUNICIPAL BUILDINGS REFUSE & RECYCLING SERVICES ACTION TO BE CONSIDERED: To approve or deny a notice of termination of municipal building refuse hauling contract and authorize the solicitation of bids for hauling services. FACTS: The City has been informed that its current refuse hauler, Knutson Services, cannot meet the State requirement for public building waste to be processed within the current contract. A law requiring processing of public building refuse is applied to the local unit of government and County funding is contingent upon the local unit's meeting this requirement. As a consequence, staff is requesting that the Council authorize a termination of the Knutson contract and a solicitation of new bids for this service consistent with State law. q0 Agenda Information Memo May 7, 1996 ACTION TO BE CONSIDERED: To approve or deny a four foot variance to the required 30 foot setback from the public right of way for Lot 1, Block 1, Verdant Acres, located at 3574 Woodland Court. FACTS: ► The property is located at the southwest comer of the Woodland Court extension into Verdant Acres which was platted in 1994. > The applicant proposes to construct a new home with a three stall garage which will have a 26 foot setback from the public right of way at its closest point. HARDSHIP: The proposed placement of the structure maximizes`the rear yard area, but the shape of the lot makes it difficult to meet the required setback. BACKGROUND/ATTACHMENTS: Staff report, pages 42- through,44 . Applicant's statement of hardship, pagej2- 41 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 25, 1996 APPLICANT: Heartland Homes PROPERTY OWNER: Michael Erpelding REQUEST: 4 Foot Setback Variance CASE: 14-V-4-5-96 HEARING DATE: May 7, 1996 PREPARED BY: Pam Dudziak LOCATION: 3574 Woodland Court (Lot 1, Block 1, Verdant Acres) COMPREHENSIVE PLAN: D -I ZONING: R-1 Heartland Homes is requesting approval of a four foot variance to the required 30 foot setback from the public right of way for Lot 1, Block 1, Verdant Acres located at 3574 Woodland Court in the NE 1/4 of Section 14. The applicant is requesting the variance to construct a new dwelling that will have a small portion of the structure encroaching into the required 30 foot setback area. City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. City Code Section 11.20, Subdivision 6 requires a minimum 30 foot setback from the public right of way for a dwelling unit or accessory structure in a single family residential district. Planning Report - Heartland Homes May 7, 1996 Page 2 The subject lot is located at the southwest comer of the Woodland Court extension into Verdant Acres which was platted in 1994. Heartland Homes is proposing to construct a new dwelling with an attached three stall garage. At its closest point, the garage is proposed to be set back 26 feet from the public right of way. The area of encroachment is minimal (approximately 15 square feet) and results from the curvilinear shape of the lot which makes it difficult to fully meet the required setback. The proposed structure does not exceed the maximum allowed lot coverage of 20 percent. The statement of hardship submitted by the applicant states that at the minimum 30 foot setback, the widest structure which would fit on the lot is 50 feet. The applicant also states that the proposed house, including the garage, is about 74 feet wide and this is consistent with other homes in this neighborhood. Since the owners intend to construct a swimming pool, this site layout was chosen because it maximizes the rear yard area by allowing the structure to be placed closer to the east (front) lot line. The applicant is proposing to construct a new dwelling and garage on Lot 1, Block 1, Verdant Acres, that would encroach four feet into the required 30 foot setback from the public right of way. The size and design of the proposed home is consistent with the character of others in this neighborhood. The aesthetic impact of the variance on established setback lines would be minimal since the setbacks appear to be met when viewed in line with the adjacent structures. To approve or deny a four foot variance to the required 30 foot setback from the public right of way for a new dwelling on Lot 1, Block 1, Verdant Acres. 43? f 51)—o -_ -So. wh I I 04AM4GF I&LS WESCOTT RD. I ' V GL�CF CGLRSE TR. TRAL T. (A �IVY CT. W 1. .. OAKS r ✓' y.. �. . BL R. � W ..AND VQC" < GREAT I � W Z"O LN. �D ( DR. BE77Y.i► 0;9 I I W pQ,,. CRT, OAKS ( STATM -T SUNCRST T OR.. ;tv.-��STATKiN LK ' JAY WA i CT. oS CPARK I< I 3< MUELLER '3 f% 0j ELRENE 3i I �U ¢ FARM P y Q . ARBOR CT. \ W,N Wry I CT. SAY FAL ` r CT. C�O- OVERCOOK P4. SOUTH < C < �. MNDT� I v = 3 a /�Q� i .. .. l �� S.N. �YAYL� L AL OS W W 72 'S.n. I C' WESCOTT ROAD - �bCfR.. HOU T. BRENTWp N. 37 BRIAR CR K pHY ��tf� - P� A PST HpI 3i UI a0� f _ - E Y RUN f O B q4LOCATION 0 _D Z D C) m R C r • rn D Ln Z -i � I Pam y 2Q� ! ' W i P i o� AO �' 3GarGe.a. b� w .AV / -- w — w ru + - NJ to O i SITE PLAN m --- ---._HEARTLAND HOMES --- ��=---' 101 Boulevard Geneva Burnsville, MN 55306 _, 612-898-2016 fY.0- Lic. #20052875 Erpeldingr Horne 3574 Woodland Court Issue: Variance for new construction home to be located in Verdant Acres. Legal description is Lot , Block - ProblemlHardshi� Due to the shape of said • parcel of land � mentioned above, It is not possible to put home at standard 30 foot backset from property line. Pages 2 '& 3 show that the widest home that will fit at 30 feet backset is 50 Feet Wide. Most homes in this area are 70-80 feet - x wide. Home to be put on this lot p will be 73-74 feet wide • and 38 feet deep. Page 4 shows proposed placement of home on lot.. The T• home sits roughly 45 feet back from curb line which is typical in this neighborhood. The third car stall is the of the home that we are asking for a variance on. Total square footage past the line is 15. The home does meet the 30 foot setback from that corner on the vertical or horizontal plain. The pool in the back of home is pushed tight to the property line. The backyard in this example is functional and usable. 11 Page 5 shows the home set inside the tight boundries, house is set back roughly 58-60 feet from curbside. The backyard shrinks by 10-12 feet and makes it hard to fit standard size pool in without making it to close to home and unsafe. We are asking for a variance to place said home on lot as shown on page four. If you have any other questions please call Scott Marshall/ Heartland Homes at 898-2016, Sincerely, - Scott Marshall 141 Agenda Information Memo May 7, 1996 ACTION TO BE CONSIDERED: To approve or deny an 11 foot variance to the required 30 foot setback from the public right of way for Lot 51, Block 6, Beacon Hill, located at 4796 Beacon Hill Road. FACTS: The Beacon Hill Subdivision was platted in 1979. The subject property is located at the southwest ,corner of the easterly intersection of Beacon Hill Road and Covington Lane. The applicant proposes to construct a 16 foot wide garage addition which will have a 19 foot setback from the Covington Lane right of way. Building coverage would not exceed the allowable 20 percent. If approved, staff recommends the variance be subject to the three conditions outlined in the staff report. BACKGROUND/ATTACHMENTS: Staff report,pages through Applicant's statement o hardship, pages '+ _ through. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 25, 1996 APPLICANT: Jack Skoglund PROPERTY OWNER: Jack Skoglund REQUEST: 11 Foot Setback Variance LOCATION: 4796 Beacon Hill Road COMPREHENSIVE PLAN: D -I ZONING: PD CASE: 33-V-5-4-96 HEARING DATE: May 7, 1996 PREPARED BY: Pam Dudziak Jack Skoglund is requesting approval of an 11 foot variance to the required 30 foot setback from the public right of way for Lot 51, Block 6, Beacon Hill located at 4796 Beacon Hill Road in the NE 1/4 of Section 33. Mr. Skoglund is requesting the variance to construct a third stall addition to the existing two -stall attached garage. Because this is a comer lot, the garage addition would encroach into the required 30 foot setback from the Covington Lane right of way. City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance and impose conditions and safeguards therein if. 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. City Code Section 11.20, Subdivision 6 requires a minimum 30 foot setback from the public right of way for a dwelling unit or accessory structure in a single family residential district. The Planned Development did not include provisions allowing any deviation from this standard. Planning Report - Jack Skoglund May 7, 1996 Page 2 Beacon Hill was platted in 1979 as a Planned Development. Most of the homes in this subdivision were constructed with two -stall garages. A ten foot setback variance from the public right of way was approved with the Planned Development only where the topography or existing trees required a lesser setback. The subject lot is located at the southwest corner of the easterly intersection of Beacon Hill Road and Covington Lane. The lot is approximately 14,750 square feet in area. Because it is located on a curve, the lot is narrower at the front than at the rear. The property contains a single-family dwelling and an attached two -stall garage. The house is oriented toward Beacon. Hill Road and has driveway access from that street. Mr. Skoglund is proposing to construct a 16 foot wide garage addition on the north side of the existing garage, extending the structure toward Covington Lane into the required 30 foot setback area. The garage addition is proposed to be set back from the Covington Lane right of way 19 feet at its closest point, resulting in a variance request of 11 feet. In conversations with the applicant, he has indicated he intends to widen the driveway apron, but not the curb cut, to provide sufficient maneuvering space for the proposed garage addition. The lot is located on a curve of Covington Lane which results in this lot being narrower at the front (east) than at the rear (west). The original placement of the structure on the lot did not allow for future garage expansion. If the structure had been placed at the minimum setback of ten feet on the south side, a twelve foot garage addition could be accommodated on the north side without a variance. The 16 foot width of the proposed addition is requested to allow it to be architecturally compatible with the existing garage as shown on the building elevations. The variance and garage addition would not greatly impact the aesthetic appearance of established setbacks in this neighborhood, but could result in similar variance requests from property owners in similar situations in the future. The proposed garage addition, along with the existing structure, will not exceed the maximum allowed lot coverage of 20 percent. u :uo: I I ' Mr. Skoglund has submitted a written statement of hardship which is attached for your consideration. The stated reasons which he believes justify the variance include the irregular lot shape, a 16 foot boulevard on Covington Lane, and the need for additional garage space. In addition, he states that the alternative of constructing a detached garage, which would be Planning Report - Jack Skoglund May 7, 1996 Page 3 permitted by the City Code, is impractical, aesthetically unpleasing, and would result in the loss of three mature trees. The applicant is proposing to construct a garage addition on Lot 51, Block 6, Beacon Hill that would encroach into the required thirty foot setback from the public right of way. The proposed addition is well-designed to be compatible with the existing structure. However, most homes in this neighborhood have only a two -stall garage. To approve or deny an 11 foot variance to the required 30 foot setback from the public right of way for a garage addition on Lot 51, Block 6, Beacon Hill. Approval is subject to the following conditions: 1. The exterior materials of the garage addition shall be architecturally compatible with the existing structure. 2. The three trees indicated on the Site Plan shall be relocated within the property. 3. The driveway curb cut shall not be widened. Sr 12.- SALEM PT. a- JACKSTONE PT. 14.- MAROUS PT. 15.- TRAVERSE PT. 16, SORREL PT. 17.- HRTA PT. 18.- LISTA PT. 19.- MORTEN PT. 20.- STAVERN PT. 21.- ALTA PT. 5wz LOCATION 53 AREA MAP V n V i 1rU b CERTIFICATE SUNSHINE CONSTRUCTION S SCALE: 1 INCH = 30 FEET _X PROPOSED GARAGE FLOOR = SIB -1 FEET PROPOSED LOWEST FLOOR = 9 3f.. 2 FEET \?2 PROPOSED TOP OF FOUNDATION - Z FEE FEET CO te N I I^ TREES To BE V RELOCATE ON SITE O/� / \ Oo _ CD � ` /4 vo � a3ta `� ,600 +C3 R 9369 - W � 9312 x9320 IQOO<� wpi 1 k _ MOOS x936! 1 r0 0 ,Y.� to.1 Q 933.0 -- 48 331':'10.00 V . , . 0 Xa343 1 /�/ (n tm30 1 flui •'$1 30_ r i 937.2 BUILDING % a`j �' Nx /I 0111VEWAli' \ 936.0 Q � w �� 14.00' N L33- Jr JQ r O� 767 .2%K9387, 0633 EDGE BRICK!0 /.; W 9325 FIREPI.A��I 033 f K% L� I L_ P_ 26 p I BRICK 1 ! O 26.33 _ x;_ LEDGE ' LO1L "as..— `� 1 Q u 1 gg;";0 1700 /\ - 32 1 7m- —� 93 305016 t_�r-30,501 W 137.87 0 DENOTES IRON MONUMENT SET • DENOTES IRON MONUMENT FOUND .0 DENOTES EXISTING ELEVATION 30 M �C 939.I co r x 93as `i i q tc 3caccn HI It Rd o I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 51, Block 6, BEACON HILL, according to the recorded plat thereof, Dakota'County, Minnesota. And of the location of all buildings, if any thereon, and all visible encroachments, if any, from or on said land. It also shows the location of the stakes as set for a proposed building. As surveyed by me this 12th day of January, 1982. SIGNED: JAMES R. HILL, INC. SITE PLAN B Y :—! Harold C. Peterson, Land S urvevor 5s000,o" s ELEVATION - �_ •I Lev • Being an prior Planning Commission Member and City Councilman for the City of Rogers,. MN, I understand the City of Eagan's setback requirements. Setbacks are imposed to facilitate an orderly planned development, however, even during the planned development stage there are building lots that need and are given special consideration (i.e. variances). I feel that my building lot deserves a variance consideration due to its irregular shape and house placement (see attached survey). My request for a side -yard setback variance is to accommodate a third stall on my attached garage to park the recently purchased third vehicle in the family. The side -yard variance is for approximately 11 ft. at the front of the garage and 7 ft. at the rear of the garage. The survey shows these dimensions, however it does not show the boulevard dimensions which are 13 ft. on Beacon Hill Road and 16 ft. on Covington Lane. • Requirements for garage space have changed over the years. It has not been that long ago when a single garage was adequate to accommodate most families. Today, with more vehicles per family, the average garage requirement is approaching three stalls. • The third garage stall is more esthetically pleasing to the neighborhood than parking along the side of the garage or in the driveway. • With the average purchase price of a new vehicle running about $20,000, it becomes more necessary to protect your investment from the elements (i.e. sun, rain, sleet, hail, snow, ice and vandalism). Failure to obtain the variance approval would cause premature deterioration of one of my vehicles and would create a financial hardship. • The third garage stall will be used for vehicle parking exclusively. If it were to be used for a boat or lawn equipment storage, these types of storage requirements could be addressed by a detached building. If the City required, the variance could be issued with the stipulation that the garage could be used solely for vehicle storage. • My building lot is approximately 14,750 sq. ft. (1/3 acre). The only place to build a detached garage would be in the far N.W. corner of the lot. This would require: 1) Removal of three (3) mature blue spruce trees 2) Making a new curb cut for the driveway 3) New curb replacement 4) Adding additional fill to obtain drainage (this is the lowest portion of the lot) 5) Most importantly, walking the long distance from the house to the garage, almost a half a block. This would create a major hardship during inclement weather and during the winter months. • The third garage stall will be accented by three smaller evergreen trees which will be relocated on the lot to accommodate the garage construction (see attached survey). This could also be a stipulation provision in the variance. U - �_ •I Lev • Being an prior Planning Commission Member and City Councilman for the City of Rogers,. MN, I understand the City of Eagan's setback requirements. Setbacks are imposed to facilitate an orderly planned development, however, even during the planned development stage there are building lots that need and are given special consideration (i.e. variances). I feel that my building lot deserves a variance consideration due to its irregular shape and house placement (see attached survey). My request for a side -yard setback variance is to accommodate a third stall on my attached garage to park the recently purchased third vehicle in the family. The side -yard variance is for approximately 11 ft. at the front of the garage and 7 ft. at the rear of the garage. The survey shows these dimensions, however it does not show the boulevard dimensions which are 13 ft. on Beacon Hill Road and 16 ft. on Covington Lane. • Requirements for garage space have changed over the years. It has not been that long ago when a single garage was adequate to accommodate most families. Today, with more vehicles per family, the average garage requirement is approaching three stalls. • The third garage stall is more esthetically pleasing to the neighborhood than parking along the side of the garage or in the driveway. • With the average purchase price of a new vehicle running about $20,000, it becomes more necessary to protect your investment from the elements (i.e. sun, rain, sleet, hail, snow, ice and vandalism). Failure to obtain the variance approval would cause premature deterioration of one of my vehicles and would create a financial hardship. • The third garage stall will be used for vehicle parking exclusively. If it were to be used for a boat or lawn equipment storage, these types of storage requirements could be addressed by a detached building. If the City required, the variance could be issued with the stipulation that the garage could be used solely for vehicle storage. • My building lot is approximately 14,750 sq. ft. (1/3 acre). The only place to build a detached garage would be in the far N.W. corner of the lot. This would require: 1) Removal of three (3) mature blue spruce trees 2) Making a new curb cut for the driveway 3) New curb replacement 4) Adding additional fill to obtain drainage (this is the lowest portion of the lot) 5) Most importantly, walking the long distance from the house to the garage, almost a half a block. This would create a major hardship during inclement weather and during the winter months. • The third garage stall will be accented by three smaller evergreen trees which will be relocated on the lot to accommodate the garage construction (see attached survey). This could also be a stipulation provision in the variance. Variance Request Justification Page 2 The garage addition will match the existing garage using the same brick, siding, roofing, garage door, aluminum overhang & facia, gutters and outside lighting. The addition will not look like an after thought. Based on the previous points, the relatively small variance distance involved, the relatively large boulevard, and the large building lot, I request a variance from the City of Eagan to construct a third stall attached to the existing garage as detailed on the attached survey. With the City's approval of this variance, the integrity of the City's planned development will not be compromised, rather the esthetic beauty of the neighborhood will be enhanced. The variance approval will also cure the hardships that will be experienced if the garage could not be built. Thank you for your consideration. Sincerely, �?,/ Jack A. Skoglund 5? Agenda Information Memo May 7,1996 Eagan City Council Meeting ACTION TO BE CONSIDERED To approve a building permit to move a 42'x 22' bam from Rosemount, Minnesota to 4711 Dodd Road located south of Cliff Road and east of Dodd Road and legally described as P.I.D. #10-03600-110-28. FACTS The subject site is an unplatted 5.07 acre parcel that contains a single family home constructed in 1983 and a fenced 30 yd. X 50 yd. horse riding arena. All building setback requirements are met. A site inspection by the Protective Inspections Division revealed no additional modifications would be required to meet the current code criterion and a building permit will be required for a new concrete foundation for the structure. A building permit for the foundation must be applied for and issued prior to construction. BACKGROUND/ATTACHMENTS (2) Staff Stareport, pages 4� through / . Route maps, pages through PLANNING REPORT CITY OF EAGAN REPORT DATE: April 8, 1996 APPLICANT: Thomas N. Tweeten PROPERTY OWNERS: Thomas N. Tweeten REQUEST: Building Move Permit LOCATION: 4711 Dodd Road COMPREHENSIVE PLAN: D-1 ZONING: Agricultural (A) iWVZ • ' -3 J HEARING DATE: May 7, 1996 PREPARED BY: Dale Schoeppner The applicant is requesting a building move permit to relocate a 44' x 22' barn from Rosemount, Minnesota to his unplatted property at 4711 Dodd Road located south of Cliff Road, east of Dodd Road, and legally described as P.I.D. #10-03600-110-28. I_liy g *0"11!_i1�i�L� moving Permits - City Code Chapter 4, Section 4. 10, gives the Protective Inspections Division authority to issue permits to move a building and authorizes the City Council to issue a permit to move a building to a location within the City. City Code Chapter 4, Section 4. 10, Subd. 13 states that a moving permit shall be denied for any one of the following reasons: A. the applicant has not complied with any requirement of this section. B. persons or property in the City would be endangered by moving the building. C. the building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City. D. the building is structurally unsafe or unfit for the purpose for which it is moved. E. the equipment for moving is unsafe and persons and property would be endangered by its use. F. the building or its use would not be in compliance with zoning, building codes or other provisions of the City Code. Planning Report - Thomas N. Tweeten May 7, 1996 Page 2 G. if the building to be moved is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the other buildings in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. The subject site is an uriplatted 5.07 acre parcel (P.I.D. #10-03600-110-28) that contains a single family home constructed in 1983 and a fenced 30 yd. x 50 yd. horse riding arena. Mr. Tweeten is requesting that a moving permit be issued to him for the purpose of relocating a barn from 14275 Shannon Parkway in Rosemount, Minnesota to his residence at 4711 Dodd Road. All building setback requirements are met. A site inspection by the Protective Inspections Division revealed no additional modifications would be required to meet the current code criterion; however, a building permit will be required for a new concrete foundation for the structure. City Code Section 4. 10, Subd. 13G prohibits relocation of a building more than ten years older than the oldest building situated on lands abutting the land to which the building is to be moved. Property to the south of the applicant's property has a barn with the same gambrel roof design as that of the proposed barn and both barns appear to be of the same vintage. Therefore, the proposal meets the requirement of Subd. 13G of the City Code. Chief of Police Geagan and City Engineer Colbert have reviewed and granted their approval as required in Section 4. 10, Subd. 4c. Mr. Tweeten is requesting to move a 968 sq. ft. barn to his property at 4711 Dodd Road in Eagan. Approval is required from the City Council for movement of any building within the City. The request is consistent with all seven requirements listed in City Code Chapter 4, Section 4.10. Planning Report - Thomas N. Tweeten May 7, 1996 Page 3 To approve/deny a building permit to move a barn from Rosemount, Minnesota to 4711 Dodd Road (P.I.D. #10-03600-110-28) subject to the following condition: 1. A building permit for the foundation would be applied for and issued prior to construction. (0( u r v m a- 0 9,4-� C;s 04 LY r\ n 0 Vn FOL. CL'Y (Paz- �3t5a5 �rva 'e'0 ¢ 1 1 Amjq mal VI P. C i �\ to SU CL N sl l rib i N0153M .r 4 _ r• O\\ J CLUB p ROAO v a 'and l� 3 WE WE 925.0 944, c 0 02.-25 020-26 0/0-26 050-25 c NOW- 77.9' 012-28 10 $ r 2 : 6 ,�' , 2 7 7a1 911-n MCFADDENS TRAIL • 27 26 ss 4� ail _ _-. _ _ • 24 ?. 127�5, SS -01 Ida e 209.5' cl 020-26 23 Q 040-77 o d _� 050-27 .. 6 i 223.0' 5.0' c n N 20y s 000-te 22z a 7 jl 000-27 , - 74 040-20 I � O � b u a77 O o IN p O_ Of0-27 n t00.0' N 050-20 O I O I IG o O N .. 597 .5, I I� � m lei 0 - N .7• 418.6' I o6. •7I 117.1' 1 OOL07 I CARO: StP." 0 ++ d m w O o a e a= 10i O� A CIO cc w 40 "4 O u w � a w° W o q A • O M � �-- � �o� � , �'•sZ ftp I ` t� •sa= s � - �� vo �d0 Go I a v � d v iw In 3 m M L -- N I o Cl JJ a _ F- L d I �4 .ZT.S.0 s c z 00'90 �' a d 1 W N _ a° u w 40 w o � d w W �. W W . O7. n qr CD V O O =_ to n J �o w o c U ac "$= 41 ! d 4 d = sr y"� �� a ° o s FZi H M z i� L O �(3 h zr C �o j WC rA v c W l ti J d 04 4) d L O+ 41 aLdL'CT6 �+ d T 3 ,;E.OT.O N a0i x 0 Agenda Information Memo May 7,1996 #ttUbJfitk*GS D. VACATE UTILITY EASEMENT, EAGANDALE OFFICE PK ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the vacation of the drainage and utility easement as described over Lot 1, Block 2, Eagandale Office Park and authorize the Mayor and City Clerk to execute all related documents. FACTS: On April 2, the City Council received a petition requesting the vacation of a common lot line drainage and utility easement over the above described lot and subsequently set a public hearing to be held on May 7, 1996. • Notices of this proposed utility easement vacation have been published in the legal newspaper, routed through all City departments and sent to all potentially affected/interested utility companies. As of this date, staff has not received any objections to this request. ATTACHMENTS: Location map, page - T Legal description and graphic, page . E F G EASEMENT VACATION SITE MENDOTA HEIGHTS , 550 14 00 ,7�0 1250 - INTERSTA 494 R I I 4 O WO CO TRAPP ROAD LOST SPUR W3 ' { COUNTRY � CLUB W" `S BLVOo CORPORATE tEAGAN wfilrS AL i S ¢ ROADS 'y4' 1 � CENT CURVE G B AVA ON AVE.VIEW AVE. unumaW A I < i Y W HIGHVIEW I I C COI JNTRY A. r PARK . A i �pHO1w1E 9 O ® 0 RRIDDEE I �tA i US A I PyFr SERVICE 3 C9 RD. 26 < is Mc CPRSNi 2 `� ARK¢ I o W+ 8 2.6- s kDOW,VEW RD A OWERVIEP( RD. a A H I1 „b N C i TH ST. l� I ATRICE ST. 7T i o .S. POST 94 r CO. I i TOWERVEW RD.I �' P� U > ARRY y Lg,h < A KV I �� = . OAKS RD. i l'P y v I cEMN RC NS x o R4 URD a PA 95 J T R1_ ST. DFLA R c� W- I ¢ I ¢ i I g W ¢ �/�! I Y I ZIARICE- I I < i TAMARAC PT. 27 PARK RY o -BIRCH PT. 8L FF' p� ¢ -NORWAY PT. FOREST RACE TR. O WEA IRONWOOD LA. I ` ' REDWOOD PT. CT AL�yZ 111SPRUCE PT. YANKEE DOODLE ROAD I YANKEE. DOODLE. ROAD 1 _ WATER II a < 597 10 R 70W,4 ANKEE PL. [z - TREATMEN < ,�G~ O ryr FACILITY o TCITY p91" Q 3 l W j�W 1 MINT_.. F \ '�� � ._ �Fie1 432 < ' MI ! O FARM I city of eagan PUBLIC WORKS � DEPARTME LOCATION MAP approved: standard plate # EAGANDALE OFFICE PARK 61 Y d' Q 456.60' CT) N N d' L -C) LLJ :D to Q z r' O z m � c 60 Q w ,LS'BS�b NO r o wo U-5 _(D 9 U)a WO a c as O W O F'- N a I� E* a a r w ry LLI & W z O' d- ma �O . d- ;.n cr- a. W p CV aye N ,9L'2L-V N 3Ojj�0 �� bd 7VON VOb3 199'9/ t N41l�aab a�� �2fb d 3�1��D 37b°Nb0 b� LO N N O N e 60 rn a_ a_ Q O Q 456.60' N V LLJ :D to Q z r' z Q m � c Q w ,LS'BS�b N ,9L'2L-V N 3Ojj�0 �� bd 7VON VOb3 199'9/ t N41l�aab a�� �2fb d 3�1��D 37b°Nb0 b� LO N N O N e 60 rn a_ a_ Q O N d- `o o m m � c NO r o wo U-5 m 9 U)a WO a c as — z o °° m m c_ I� E* a a r w m V U 2 & W O zoos W w ma �O O< cr- a. W p CV N w Y 0 0 N m O � o � J Agenda Information Memo May 7,1996 E. PROJECT 699 SAFARI t7a EAGAN 3RD ADDITION ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approveldeny Project 699 (Safari @ Eagan 3rd Addition Pond & Street Improvements). FACTS: On January 16, the City Council authorized the preparation of a feasibility report for the construction of a right -turn ,lane on Thomas Center Drive and development of a storm water pond within the Safari @ Eagan 3rd Addition. On April 2, the completed feasibility report was presented to the Council and a public hearing was scheduled for May 7 to formally discuss the proposed improvements and related financing program. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. Because this public improvement affects only the development, there was no formal neighborhood meetings held beyond discussions with the developer.. ISSUES: Although one of the conditions of the preliminary approval for the Safari @ Eagan 3rd Addition required the construction of a southbound right -turn lane for Thomas Center Drive at its Cliff Road intersection, the developer feels that the cost should be financed by more than his development. The requirement of this right -turn lane was identified as a result of a detailed traffic analysis initiated as a part of the review of the Safari @ Eagan 3rd Addition. Staff is researching issues identified in 4-29-96 correspondence and will be providing an explanation with the Additional Information Packet. ATTACHMENTS: Feasibility report, pages -ID through 4-29-96 letter from Fortune Realty, pages through . 61 A city of Qagan Report for Safari at Eagan 3rd Addition Pond BP -39 Grading Thomas Center Drive Right Turn Lane City Project No. 699 Eagan, Minnesota March 1996 File No. 49574 Bonestroo Rosene Anderlik & Associates Engineers 6 Architects 3t. Paul, Minnesota JABonestroo JA Rosene Anderlik & Associates Engineers & Architects March 14, 1996 City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Safari at Eagan 3rd Addition Pond BP -39 Grading Bonestroo, Rosene, Anderlik and Associates, Inc is an Affirmative Action/Equal Opportunity Employer Otto G. Bonestroo, P.E. Robert W. Rosene, P.E.• Joseph C. Anderlik, P.E. Marvin L Sorvala, P.E. Richard E. Turner, P.E. Glenn R. Cook, P.E. Thomas E Noyes, PJE Robert G. Schunicht, P.L Susan M. Eberlin, C.P.A.• • Senior Consultant Thomas Center Drive Right Turn Lane City Project No. 699 Our File No. 49574 Dear Mayor and Council: Howard A. Sanford, P.E. Keith A. Gordon., P.E. Robert R. Pfefferle. P.E. Richard W. Foster, P.E. David O. Loskota, P.E. Robert C. Russek, A.I.A. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Michael T. Rautmann, P.E. Ted K. Field, P.E. Thomas R. Anderson, M.A. James R. Rosenmerkel, P.E. Donald C. Burgardt, P.E. Thomas A Syfko, P.E. Frederic J. Stenborg, P.E. Ismael Martlnez, P.E. Michael P. Rau, P.E. Thomas W. Peterson, P.E. Michael C. Lynch. P.E. James R. Maland. P.E Jerry D. Pert=sch. P.E. Scott J. Arganek, P.E. Kenneth P. Anderson. P.E. Mark R. Rolfs, P.E. Mark A Seip, P.E. Gary W. Morten. P.E. Paul J. Gannon, A.I.A. Daniel J. Edgerton, P.E. A. Rick Schmidt, P.E. Dale A Grove, P.E. Philip J. Caswell, P.E. Mark D. Wallis. P.E. Miles B. Jensen, PJ L Phillip Gravel, P.E. Karen L Wiemerl, PP. Gary D. Kristofltz, P.E. Brian K. Gage, P.E. F. Todd Foster. P.E. Keith R. Yapp, P E. Douglas J. Benoit, P.E. Shawn D. Gustafson. P.E. Cecillo Olivier. P.E. Kent J. Wagner, P.E. Paul G. Heuer, P.E. John P. Gorder, P.E. Dan D. 80yum, P.E. Jeffrey J. Ehleringer, P.E. Joseph R. Rhein, P.E. Lee M. Mann, P.E. Charles A Erickson Leo M. Pawelsky Harlan M. Olson Agnes M. Ring James F. Engelhardt Attached is our report for Safari at Eagan 3rd Addition, which includes Pond BP -39 Grading and Thomas Center Drive Right Turn Lane improvements. The proposed improvements are presented and discussed within the report, along with a detailed cost estimate and preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Yours very truly, BONESTROO, R SENE, ANDERLIK & ASSOCIATES, INC. M k A. Hanson MAH:pr nance Department. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the tate of Minnesota. -filla'10141'-17 4LJI•=--- ark A. Hanson Date: March 14, 1996 2335 West Highway 36 ■ St. Paul, MN 55113 it 612-636-4600 Reg. No. 14260 SAFARI AT EAGAN 3RD ADDITION POND BP -39 GRADING THOMAS CENTER DRIVE RIGHT TURN LANE EAGAN, MINNESOTA CITY PROJECT NO. 699 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS SCOPE FIGURE 1 - LOCATION PLAN FEASIBILITY AND RECOMMENDATION DISCUSSION A. POND BP -39 GRADING B. THOMAS CENTER DRIVE RIGHT TURN LANE EASEMENTS AND PERMITS COST ESTIMATE AREA TO BE INCLUDED ASSESSMENTS REVENUE SOURCES PROJECT SCHEDULE APPENDIX A - PRELMONARY COST ESTIMATE APPENDIX B - PRELIMINARY ASSESSMENT ROLL FIGURE 2 - POND BP -39 GRADING FIGURE 3 - DRAINAGE AREA FIGURE 4 - THOMAS CENTER DRIVE RIGHT TURN LANE FIGURE 5 - TYPICAL STREET SECTION '000) 4�v Page No. • 1 2 3 4 5 5 5 6 6 6 7 7 7 7 REPORT FOR SAFARI AT EAGAN 3RD ADDITION POND BP -39 GRADING THOMAS CENTER DRIVE RIGHT TURN LANE EAGAN, MINNESOTA CITY PROJECT NO. 699 SCOPE Safari at Eagan 3rd Addition is located in the northwest corner of Thomas Center Drive and Cliff Road, included in Safari at Eagan 2nd Addition. Safari at Eagan 3rd Addition includes platting Outlot A of Safari 2nd Addition into three lots. The lot closest to Cliff Road includes a theater, while the two northerly lots include future office buildings. The area was originally developed as Safari at Eagan in the early 1980s, at which time Thomas Center Drive was constructed between Cliff Road and Thomas Lake Road. The traffic signal at Cliff Road and Thomas Lake Drive was constructed by Dakota County in 1990. The improvements proposed herein include grading Pond BP -39, located in the northwest corner of Thomas Center Drive and Cliff Road, and constructing a right turn lane in Thomas Center Drive at its connection with Cliff Road. The City of Eagan is responsible for the grading costs associated with Pond BP -39, while Safari at Eagan 3rd Addition is responsible for the costs associated with constructing the right turn lane in Thomas Center Drive. "�13 1000 2000 Sews in fact IN 'Y/ y A� Diffl LOCATION PLAN EAGAN, MINN ESOTA SAFARI AT EAGAN 3RD ADDITION CITY PROJECT No. 699 L:\49\49574\49574F03.1)WG MARCH 1996 FIGURE 1 comm, 49574 ? Bonestroo Posene Anderlik d Associates FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering standpoint and is in accordance with the objectives established in Eagan's Comprehensive Utility and Street Plans. The project can best be carried out as one project or combined with a similar type project. Although the grading for the right turn lane and pond is included in this project, it could be more efficiently done by the developer as part of his site grading. Therefore, it's recommended the grading proposed as part of this project be constructed by the developer of Safari at Eagan 3rd Addition. DISCUSSION Pond BP -39 Grading The proposed grading for Pond BP -39 is shown on Figure 2 located at the back of this report. An analysis was done to determine the required storage for Pond BP -39 based on its drainage area (Figure 3) and.the existing storm sewer that serves as its outlet. Listed below are the requirements based on that analysis: Pond BP -39 Direct drainage area = 36 acres Outflow = 9 cubic feet per second (cfs) Existing outlet pipe = 18" RCP Required storage = 5.8 acre feet Normal water level = 930.5 To satisfy the storage requirement for Pond BP -39, based on existing conditions, the low point in Cliff Road will flood approximately two feet. However, the expansion of Pond BP -39 is difficult due to the location of Cliff Road to the south, Thomas Center Drive to the east including its right turn lane, sidewalk, and Williams Brothers Pipelines to the west. Therefore, it's recommended the grading of Pond BP -39 include an overflow in its northeast corner constructed to elevation 940, which will prevent the low point in Cliff Road from flooding. The proposed overflow will direct storm water to Thomas Center Drive. The overflow for Thomas Center Drive is directed to Thomas Lake. The existing storage for Pond BP -39 between elevation 930.5 and 940 is 3.4 acre feet. Because the pond grading on the east and north sides is minimal, the pond storage (3.4 acre feet) does not change once the grading proposed herein is complete. Due to the fact storm water runoff from this development is not directed to Pond BP -39, and based on the fact Pond BP -39 has not 5 ? 500000, experienced flooding in the past, it's felt by maintaining an overflow at elevation 940 the ponding requirements for this area will be met. Pond grading will include clearing and grubbing of trees and redefining the slopes on the north and east sides of the pond. Thomas Center Drive Ri ht Turn Lane The approval for Safari at Eagan 3rd Addition requires a right turn lane be constructed in Thomas Center Drive at Cliff Road. Figure 4 located at the back of this report defines the geometrics for that right turn lane. The right turn lane construction will include the removal and reconstruction of approximately 220' of existing curb and widening the roadway 4' to the west *to accommodate the right turn lane. The typical section is shown on Figure 5. The reconstruction of handholes, conduit, and loop detectors is also required. The new radius construction at Cliff Road and Thomas Center Drive will not impact the existing traffic signal. However, upon review with Dakota County, it may be desirable to adjust the traffic signal heads mounted on the pole. The cost to adjust the traffic signal heads is minimal. The 6' wide sidewalk will be constructed privately by the developer. EASEMENTS AND _PERMITS Easements are required for the expansion of Pond BP -39 and the right turn lane. In accordance with Eagan Policy, easements will be dedicated as part of the Safari at Eagan 3rd Addition plat. The estimated additional easement for ponding/sidewalk is 10,000 square feet. Permits are required from Dakota County for the right turn lane construction in Cliff Road (County Road 32) right-of- way. COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report. The total estimated project cost is $65,940.00 and is summarized below. This cost includes 10% for contingencies and 35% for indirect costs which include administrative, engineering, interest, and legal expenses. Pond BP -39 Grading $24,500.00 Thomas Center Drive Right Turn Lane 41.440.00 Total $659940.00 AREA TO BE INCLUDED Safari at Eacan 2nd Addition Outlot A ASSESSMENTS Assessments are proposed to be levied in accordance with the conditions for final plat approval for Safari at Eagan 3rd Addition. The project costs for the right turn lane at Thomas Center Drive will be assessed 100% to Outlot A - Safari at Eagan 2nd Addition, which includes the proposed Safari at Eagan 3rd Addition. The estimated assessment is $41,440 and is included in Appendix B located at the back of this report. Costs associated with grading Pond BP -39 will be the responsibility of the City. REVENUE SOURCES Project Cost Revenue Balance Pond BP -39 Grading $24,500 -0- -$24,500 Thomas Center Drive Right Turn Lane Lateral 41,440 Assessment $41,440 Total $65,940 $41,440 -$24,500 The project deficit is estimated at $24,500, which will be the responsibility of the Trunk Storm Sewer Fund PROJECT SCHEDULE Present Feasibility Report April 2, 1996 Public Hearing May 7, 1996 Approve Plans and Specifications June 1996 Open Bids / Award Contract July 1996 Substantial Completion September 1996 Assessment Hearing November 1996 First Payment Due with Real Estate Taxes May 1997 1000-) JOM? APPENDIX A PRELEVE NARY COST ESTIMATE SAFARI AT EAGAN 3RD ADDITION POND BP -39 GRADING THOMAS CENTER DRIVE RIGHT TURN LANE EAGAN, M[NNESOTA CITY PROJECT NO. 699 Pond BP -39 GradinE Lump Sum Clear and grub trees @ $3,000 1,250 CY Common excavation @ $8/cy 100 CY Topsoil borrow @ $10/cy 0.5 AC Seeding w/mulch & fertilizer @ $2,000/ac 100 SY Sod @ $5/sy Lump Sum Erosion control @ $1,000 Subtotal + 10% Contingencies Subtotal + 35% Indirect Cost Total Pond BP -39 Grading Thomas Center Drive Richt Turn Lane 30 LF 21 " RCP storm sewer @ $100/lf 220 LF Remove concrete curb @ $5/1f 1,250 CY Common excavation @ $8/cy Lump Sum Handhole/loop detector reconstruction @ $5,000 120 TN Class 5 aggregate base @ $10/tn 40 TN Bituminous base course @ $50/tn 20 TN Bituminous wear course @ $40/tn 4 TN Bituminous material for mixture @ $200/tn 220 LF Concrete curb & gutter B 618 @ $10/1f 40 CY Topsoil borrow @ $10/cy 0.2 AC Seeding w/mulch & fertilizer @ $2,000/ac 200 SY Sod @ $5/sy Subtotal + 10% Contingencies Subtotal + 35% Indirect Cost Total Thomas Center Driv fight Turn Lane 0.1 $ 3,000 10,000 1,000 1,000 500 1.000 $16,500 1.650 $18,150 6.350 $24,500 $ 3.000 1,100 10,000 5,000 1,200 2,000 800 800 2,200 400 400 1.000 $27,900 2.790 $30,690 10.750 $41,440 APPENDIX B PRELBUNARY ASSESSMENT ROLL SAFARI AT EAGAN 3RD ADDITION POND BP -39 GRADING THOMAS CENTER DRIVE RIGHT TURN LANE EAGAN, MINNESOTA CITY PROJECT NO. 699 THOMAS CENTER DRIVE RIGHT TURN LANE Parcel Descrintion Total As nt Safari at Eagan 2nd Addition Outlot A $41,440 11 OAIJU JU4UU J 5L)LUUgi 0 1 �aoo -- ----------- I o n c e -- -- - - ------ - i+ 'lf. 1 li L 1 1 to c It � •'1 � ' ; � J 1 1. N W I0'Q;;j Q D V � O Q Slow nd iu 1 ' I � �. •7 L '•,� � 1 I �1 ,,Y 1 ,� � I • O ill ! • i ' � /, `j 1 1 I if 01 `I s••-,�fyj I ;� ,x.111 1 1 0 i � •�1 INN 1 I '1 i t' I !I I Fes- i �'• f. t�`I I I i i i 0 •4t ice' 1 I !ii /'0�/ 1� �• 1 r �_ 1•'\ 1 1 i t l 4� - is �� tai i I i i •� =1. dl M r t i N ,h � ; i %\• i r _ .J.P, �.1 1 1 f j.1 cal ! , ♦:: 1 1 1 1 1 1 .ate : ■ � : 1 � I i U1 . z Q v IT M I a m 0 z 0 a t a v Z0 F am x Q o°' O1 M O ZZ In < o W Q F - z W W a �Qo jr QQa� a a —. wcnv.; x Cliff Road (C.S.A.H. 32) DRAINAGE AREA EAGAN, MINNESOTA FIGURE 3 SAFARI AT EAGAN 3RD ADDITION CITY PROJECT No. 699 L:\49\49574\49574FO4 MARCH 1996 COMM. 49574 .......... IjBonestroo osene Anderlik Associates GAUL] J94UGO sDWOyl i _ Z o , u ddmo ! m mszaa Ln W is AL in Q r� i u► r. I I-UJI Q Ni ca Q 1 -UO , 0 M QW CJ �' :j i Z Q; i I i i! i i W Ix �j U� Om aa, I fto C7 w f I 1 N C M�z -0 !' o ii. cr y- 8 0 40 F c a O O, C tD � tD v ozz LLJo V Z W W m q aQa 47 � V 1' R/W WEST ( EAST 30' 30' 22' 22' I6618 Conc. Curb & Gutter L4" Bituminous 1-10" Aggregate EXISTING SECTION (Thomas Center Dive) R/W New Ex. Ex. R/W R/W R/W. WEST I EAST 1 1 30' 30' B618 Conc. Curb & Gutter 26' 22' 5, Lt. Turn 1 1/2" Type 41 Bit. Wear Course 2 1/2" Type 31 Bit. Base Course L10" Class 5 Aggrgate Base Concrete Walk (by others) REVISED SECTION (Thomas Center Drive) TYPICAL STREET SECTION JU Bonestroo %i Rosene EAGAN, MINNESOTA FIGURE 5 Anderiik b SAFARI AT EAGAN 3RD ADDITION " Associates CITY PROJECT No. 699 L.\49\49574\49574F05.0WG MARCH 1995 COMM. 49574 April 29, 1996 v' n �9eCr� ��v J Mr. Michael Foertsch Assistant City Engineer City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Petition - Safari at Eagan 3rd Addition Dear Mike: report of City Project No. 699 on the I have read the engineering onding area and Safari at Eagan 3rd 149574on th Itsiscourointethen ion to be at right turn 1 May 7th.tI discuss our position in detail. the city council meeting y Our comments in relation to the report mentioned are as follows: 1. We are granting to the city additional easement for a right turn lane at no cost to the city. Our position is, however, that the estimatedocost of $41,440 eCenterassessed Drive and should not ertbe owners on Thomas totally our expense. We have been told that many people are driving on Thomas Lake Road from Thomas Center Drive o go sin west on Cliff Road because of the stop g 2. We are providing for water overflow easement from Pond BP -39 between the east side of the theater building and Thomas Center Drive at no cost to the city, even though we are having to increase our building costs to make this provision. 3. The easement for the ponding area BP -30 has increased from its original size of 15,113 sq•ft• ft., to 36,042 sq.ft. This is an increase of 20,929 sq- and due to the history of the pond we feel we should be compensated for this additional taking at the rate of $7 per sq•ft• PENTAGON PARK TOWER • 4940 VIKING DRIVE • MINNE LI , MINNESOTA 55435 * (612) 835.3363 To give yQu a background on the history ca t: --e project I ain attaching cwo letters whi ;h I have writt,�.i to the city, one dated Dec::.;tber 7, 1995 ar,..: the other dat. January 10, 1996. Sincerely, J. Evxa::, n l,schke Pe-3dant I'o ty, Inc., General Partner Eagan 30.7C, Limited Partnership cc: Mayor Egan City Councilmembzrs Paul Thomas C'ar'l X'Ie December 7, 1995 Mr. Michael Foertsch Assistant City Engineer City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Res Petition - Safari at Eagan 3rd Addition Dear Mikes Attached is a petition application with respect to Safari at Eagan's 3rd Addition street improvements and ponding BP -39. Specifically, the preliminary plat approval calls for a right turn lane on Thomas Center Drive at C14ff Road. Secondly, the petition addresses the drainage and utility easement pond area BP -39 abutting Cliff Road on the extreme south end of the platted area. Several years ago we granted the City of Eagan a drainage and utility easement referred to as BP -39 which had an area of 15,113 square feet, .35 acres. With the final platting of the Safari at Eagan 3rd Addition, the city requested that this drainage and utility easement BP -39 be increased in size to 36,042 square feet Or .8274 acres. The reason we bring this up is that we feel any costs in preparing a feasibility study should be the city's expense and the city should consider reimbursing us for addition- al land being taken. Sincerely, r n W tschke " . P s d t Fortun Realty, Inc., General Partner Eagan 30.7C, Limited Partnership cc: Paul Thomas PENTr SON PARK TOWER • 4940 VIKING DRIVE 0 MINNEAPOLIS. MINNESOTA 55435 • (612) 835.3363 January 10, 1996 Mr. Michael Foertsch Assistant City Engineer City of Eagan 3795 Pilot Knob Road Eagan, MIN 5 Re: Petition - Safari at Eagan 3rd Addition Dear Mike: I understand from John in your office that the petition referred to was up before the Eagan City Council Tuesday, January 2nd, 1996 as a consent item. I was advised that this item was contin- ued at this meeting and John advised today that they wish to have a substantiating letter from me with respect to this matter. Our position is as follows: Several years ago we gave the City of Eagan at no cost a ponding easement along Cliff Road, BP -39 with an area of 15,103 sq.ft., .35 acres. Later on, Cliff Road was improved, however, there were no improvements made in the ponding area at that time even though predominantly the water entering the pond comes along the north side of Cliff Road from the west and from the property on the south side of Cliff Road which had been piped under Cliff Road to the pond. In our opinion, we do not need additional ponding for our development, Safari at Eagan 3rd Addition, as we provided for most of our water drainage to the pond along Thomas Lake Road, east of the health club. This pond referred to and given to the city, Pond BP -13.1, was 4.77 acres to handle a pond storage volume of 2.5 Ac.Ft. If additional ponding is necessary along Cliff Road, it must be due to the existing structures that are not adequate to handle this water coming off our property. Both of the ponding areas referred to above given to the city at no expense are prime frontage locations, which have adversely affected our land values. We feel we should be compensated for any additional land needed for ponding under the circumstances. PFNTAGON PARK TOWER • 4940 VIKING DRIVE 9 MINNEAPOLIS. MINNESOTA 55435 0 (612) 835.3363 For your information, I will be out of town the week of January 15th and would be glad to appear before the staff or city council on this matter on my return. Sincerely, c - J. `Byrgr� W schk — -, President )Fortune. 1 y, Inc., General Partner Eagan , Limited Partnership cc: Carl Dale Paul Thomas Agenda Information Memo May 7,1996 F. PROJECT 700, HALL ST - UTILITIES ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve/deny Project 700 (Hall Street - Utilities) and, if approved, authorize the preparation of detailed plans and specifications. FACTS: On January 16, the Council received a petition from several property owners within the affected area and authorized the preparation of a feasibility report to consider the installation of sanitary sewer and watermain facilities within Hall Street and the TH 3 service drive. • On April 2, the Council received the feasibility report and scheduled a public hearing to be held on May 7. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational neighborhood meeting was held on April 25 inviting all property owners located between Dodd Road and TH 3 and between Farm Road and Waterview Cove. ATTACEMFMS: • Location map of petitioniag property owners, gel . • Feasibility report, pages through • N inutes of 4-25-96 information meeting, pages through . • Letter dated .5-2-96, page NAUV00 LANE S s .� WATERV,EW COVE . 4 _ 2 3 a is, 91.70 91.45' I $T Q4 J S ♦ t6 � 15 � I 14 a 13 ?3Q OG_ 1SS 6 ' 50, 91.54 $ CAROL STREET C 0 � J I '50.04' HALL STREET =.aRM =cCAD 1 .ME i 322.7 11 • 12 1/ J T21 -?9 �d.• fe a a� 022 -?9 ' pro• I II J � a 0 T 1 _ - — PETITIONER'S PROPERTIE city of ccagan Report for T.H. 3 Service Drive and Hall Street Sanitary Sewer and Water Main Improvements City Project No. 700 Eagan, Minnesota March 1996 File No. 49575 11 Sonestroo EDE Rosene Anderlik d Associates Engineers 6 Architects St. Paul, Minnesota Bonestroo Rosene Anderlik & Associates Engineers & Architects March 5, 1996 City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Bonestroo. Reseno. Andvrhk .rnd AssoC'Xes. Inc. is on Affirmative Acrion •Equal Opportunity Employe Principals: Otto G. 8nnesrroo. PE. - Joseph C. Anderok. P.E. • Marvin L. Sorvala. P.E. • Richard E. Turner. PE. • Glenn R. Cook, P.E. - Thomas E. Noyes. PE- • Robert G. Schumcht. P.E. Jerry A. Bourdon. PE. • Robert W Rosene. P.E. and Susan M. Ebertin. C.PA.. Senior Consultants Associate Pnncrp.tls Howard A. Sanford, P.E. - Keith A. Gordon. PE. • Robert R. Pfefferle, P.E. - Richard W. Foster, P.E. - David O LOSkota. P.E. • Robert C. RU$Sek, A.I.A. • Mark A. Hanson. PE. Michael T. Rautmann. P.E.. Teo K.FFeld. P.E. Offices: St. Paul and Rochester. MN - Mequon. WI Re: T.H. 3 Service Drive and Hall Street Sanitary Sewer and Water Main Improvements Project No. 700 Our File No. 49575 Dear Mayor and Council: 40ti, �iniirryary �. \ Attached is our report for the T.H. 3 Service Drive and Hall Street Improvements. The proposed sanitary sewer and water main improvements are presented and discussed within the report, along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Yours very truly, �MRSTR O, R ENE, ANDERLIK & ASSOCIATES, INC. aA. Hanson MAH:pr Reviewed bar`. Reviewed by: W ance Department Date: Ac -1 'Z Zsy 1�'''i,� I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under e la/w� of the tate of Minnesota. Mark A. Hanson Date: March 5 1996 Reg. No. 14260 2335 West Highway 36 ■ St. Paul, MN 55113-3898 • 612-636-4600 T.H. 3 SERVICE DRIVE & HALL STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 700 TABLE OF CONTENTS Paye No. LETTER OF TRANSMITTAL I TABLE OF CONTENTS 2 SCOPE 3 FIGURE I - LOCATION PLAN 4 FEASIBILITY AND RECOMMENDATION 5 FIGURE 2 - DODD VIEW ADDITION, ALTERNATIVE THREE 6 DISCUSSION 7 A. SANITARY SEWER 7 B. WATER MAIN 7 C. SERVICES 7 EASEMENTS AND PERMITS g COST ESTIMATE g AREA TO BE INCLUDED g ASSESSMENTS 9 REVENUE SOURCES 9 PROJECT SCHEDULE 10 APPENDIX A - PRELIMINARY COST ESTIMATE APPENDIX B - PRELIMINARY ASSESSMENT ROLL , FIGURE 3 - SANITARY SEWER FIGURE 4 - WATER MAIN 173 REPORT FOR T.H. 3 SERVICE DRIVE & HALL STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 700 SCOPE T.H. 3 Service Drive and Hall Street are located in the southeast corner of Eagan, as shown on Figure I. The property abutting T.H. 3 Service Drive and Hall Street is included in Dodd View Addition. Dodd View Addition includes six (6) residential homes along Dodd Road/Farm Road and two (2) light industrial uses along T.H. 3. Carol Street, Hall Street, and T.H. 3 Service Drive included in Dodd View Addition are platted public rights-of-way; however, public streets were never constructed. Public utilities have been constructed in the area to serve Waterview Addition to°the north and the recently completed Red Pine Lane east of T.H. 3. The improvements proposed herein include sanitary sewer and water main extensions in T.H. 3 Service Drive and Hall Street to serve the abutting property. The utility extensions are being considered at this time based on a petition submitted from the two industrial uses on T.H. 3 and the one residential use on Dodd Road. �' I N 0 Iwo 2000 Smw In f"t LOCATION PLAN EAGAN, MINNESOTA FIGURE 1 T.H.3 SERVICE ROAD/HALL STREET CITY PROJECT No. 700 L.\49\49575\49575FO1 MARCH 1996 COMM. 49575 9 Bones troo 0 Roeene Anderiik b Associates FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering standpoint and is in accordance with the objectives established in Eagan's Comprehensive Utility Plans. The project can best be carried out as one project or combined with Biscayne Avenue (Project 687 ). The City of Eagan in 1994 considered alternatives for redeveloping Dodd View Addition due to the development of Waterview Addition to the north and the extension of Red Pine Lane east of T.H. 3. Figure 2 identifies Alternative Three, which was the preferred alternative reviewed at that time. The utility extensions proposed herein have been reviewed with the petitioners in conjunction with other redevelopment opportunities. The petitioners are not interested in redevelopment at this time, but in providing utility extensions to serve their existing uses. The utility layout proposed herein provides the most flexibility for redevelopment in the future, including Alternative Three (Figure 2). If the area is redeveloped. 5C Fitz Lake CA, SOL ST1� T- ---i t I I I 1 I I 1 1 I 1 I 1 I I ------- ---- i Id 1 Qj..f I I rr ) I 1 ----------- �C -.- - I 1 I\ LLL ST L:\49\49575\49575FQ4.DWG APRIL 1996 q I F/OUi9ENo. 2 DODD YIEWADD/T/ON EL GEND Existing Lot Lines --------- Alternative Redevelopment DISCUSSION Sanitary Sewer Sanitary sewer provides for extending an 8" diameter sanitary sewer in the existing right-of-way of T.H. 3 Service Drive and Hall Street to Dodd Road, as shown on Figure 3. The sanitary sewer will connect to the existing sanitary sewer serving Waterview Addition at T.H. 3. The sanitary sewer will be constructed at minimum grade to serve the land along Dodd Road at Hall Street with a gravity sewer. It's felt if additional development occurs at Farm Road or considerably west of Dodd Road below elevation 925, a sanitary sewer lift station will be required. The sanitary sewer alignment is located through grassland and a gravel parking lot serving the light industrial area north of Hall Street. Therefore, restoration includes seeding and gravel parking lot reconstruction. Water Main Water main provides for extending a 6" diameter water main 10' east and south of the proposed sanitary sewer in T.H. 3 Service Drive and Hall Street, as shown on Figure 4. The 6" water main is recommended because Eagan's Comprehensive Guide Plan anticipates this area as residential. However, if the existing land use were to remain industrial and intensify, a 12" diameter main would be recommended. Therefore, consideration should be given by the petitioners to construct a 12" diameter main vs. a 6" diameter main, if they expect their land to develop to a higher industrial use. The water main will connect to the existing 6" water main stub at T.H. 3 and Carol Street, which is connected to a 12" diameter main. Dodd View Addition is located in the high pressure zone and is expected to experience residual and static pressures of 63.2 and 91.0 psi respectively. Services Services are proposed to be constructed to the two light industrial uses on T.H. 3 and two residential homes on Dodd Road. Sanitary sewer services are 6" diameter to the two industrial uses and 4" diameter to the two residential homes. Water services are V diameter for both industrial and residential. It's suggested the two industrial uses review their expected water requirements to determine if a larger diameter water service is required. EASEMENTS AND PERMITS The utility extensions are proposed in the existing public right-of-way for T.H. 3 Service Drive and Hall Street. Therefore, no permanent easements are required. Permits are required from MHD, MPCA, and MCES. COST ESTIMATE A detailed cost estimate for Project 700 is presented in Appendix A. The total estimated project cost is $132,050, which is summarized below. This cost includes 5% for contingencies and 30% for indirect costs which include administrative, engineering, interest, and legal expenses. Sanitary Sewer $ 86,270 Water Main 39,180 Services 6.600 Total $132,050 AREA TO BE INCLUDED Dodd View Addition Outlot B (Parcel 031-04) Outlot B (Parcel 032-04) Outlot C (Parcel 04-004) Lot 4 Block 2 Lot 1 Block 3 Lots 2, 3 Block 3 (Parcel 032-03) Lot 5 Block 3 (Parcel 051-03) Lot 1 Block 4 8 q 7 ASSESSMENTS Assessments are proposed to be levied against the benefitted properties. Lateral assessments will be revised based on final project costs. Lateral assessments for sanitary sewer and water main are proposed to be assessed on a front foot basis. Service assessments are proposed to be assessed based on the cost to construct each service to each property they serve. Area charges for sanitary sewer and water main will be collected at the time of connection based on the rate in effect at the time of connection. Area charges can be paid in full at the time of connection or levied as an assessment. Listed below are the estimated rates for each improvement for this project. It's recommended assessments be spread over a 15 -year period at an interest rate based on the bond sale. Lateral Trunk Area LRate/F.F. (Rate/Acre) Sanitary Sewer $51.74 $1,660 Water Main $23.50 $1,740 4" Sewer, 1" Water 6" Sewer. V Water Service $1,500 each $1,800 each REVENUE SOURCES Protect Cost Revenue Balance Sanitary Sewer Lateral $86,270 Lateral Assessment $86,270 Total $86,270 $86,270 -0- Water Main Lateral $39,180 Lateral Assessment $39.180 Total $39,180 $39,180 -0- Service Lateral $6,600 Lateral Assessment $6,600 Total $6,600 $6,600 -0- All project costs are proposed to be assessed. 9 PR_ OJECT SCHEDULE Present Feasibility Report Informational Meeting Public Hearing Approve Plans and Specifications Open Bids / Award Contract Substantial Completion Assessment Hearing First Payment Due with Real Estate Taxes April 2, 1996 April 25, 1996 May 7, 1996 June 1996 July 1996 October 1996 November 1996 May 1997 APPENDIX A PRELIMINARY COST ESTIMATE T.H. 3 SERVICE DRIVE & HALL STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 700 Sanitary Sewer 1,200 LF 6 EA 50 LF 1 EA 500 LF 1,200 LF 400 TN Lump Sum 100 CY 2.0 AC 500 SY Water Main 1,200 LF 2 EA 3 EA 1 EA 1,500 LB 1,200 IF 8" PVC, 14'-18' deep in pl @ $35/lf Std 4' dia. MH w/cstg @ $1,200 ea MH depth greater than 8' deep @ $80/lf Connect to existing sewer @ $500 ea Improved pipe foundation @ $2/if Mechanical trench compaction @ $1/If Driveway repair, Class 5 @ $8/tn Erosion control @ $1,000 Topsoil borrow @ $8/cy Seed w/mulch, fertilizer @ $1,000/ac Sod w/topsoil @ $3/sy Subtotal + 5% Contingency Subtotal + 30% Indirect Cost Total 6" DIP water main @ $16/If 6" GV and box @ $400 ea Hydrant @ $1,400 ea Connect to existing 6" water main @ 1,500 ea Fittings @ $1.20/lb Mechanical trench compaction @ $IAf Subtotal + 5% Contingency Subtotal + 30% Indirect Cost Total I /oz $42,000 6,000 4,000 500 1,000 1,200 3,200 1,000 800 2,000 1,500 $63,200 3,160 $66,360 19.908 $86,270 $19,200 800 4,200 1,500 1,800 1.200 $28,700 1,44 $30,140 9.040 $39,180 Services 2 EA 2 EA 40 LF 80 LF I20 LF 4 EA 4 EA 8" x 6" wye in place @ $90 ea 8" x 4" wye in place @ $70 ea 6" PVC service @ $20/lf 4" PVC service @ $16/1f I" Type "K" copper water service @ $16/If I" corporation stop @ $50 ea 1" curb stop @ $80 ea Subtotal + 5% Contingency Subtotal + 30% Indirect Cost Total 1/0 3 " $ 180 140 800 1,280 1,920 200 320 $4,840 240 $5,080 1,52 $6,600 APPENDIX B PRELIMINARY ASSESSMENT ROLL T.H. 3 SERVICE DRIVE & HALL STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 700 SANITARY SEWER A Lateral Assessable Parcel Description Footage (F.F.) Dodd View Addition Outlot B (Parcel 031-04) 187.99 Outlot C (Parcel 04-004) 341 Lot 4 Block 2 126.5 Lot 1 Block 3 313.69 Lots 2, 3 Block 3 (Parcel 032-03) 250 Lot 1 Block 4 448.35 11, Total 1,667.53 Total Rate/F.F. Assessment $51.74 $ 9,726 51.74 17,640 51.74 6,546 51.74 16,229 51.74 12,934 51.74 23.195 "' Assessable Footage = 227.61 (Hall Street) + 220.74 (T.H. 3 Service Drive) WATER MAIN $86,270 A) Lateral Assessable Total Parcel Description Footage (F.F.) Rate/F.F. Assessment Dodd View Addition Outlot B (Parcel 031-04) 187.99 $23.50 $ 4,417 Outlot C (Parcel 04-004) 341 23.50 8,012 Lot 4 Block 2 126.5 23.50 2,972 Lot 1 Block 3 313.69 23.50 7,370 Lots 2, 3 Block 3 (Parcel 032-03) 250 23.50 5,874 Lot 1 Block 4 448.35 23.50 10,535 Total 1,667.53 $39,180 SERVICE Sanitary Parcel Description Sewer Water Total Lot 4 Block 2 $ 670 $ 830 $1,500 Lot 1 Block 3 970 830 1,800 Lots 2, 3 Block 3 (Parcel 032-03) 670 830 1,500 Lot I Block 4 970 830 1.800 Total $3,280 $3,320 $6,600 SUMMARY PRELIMINARY ASSESSMENT ROLL T.H. 3 SERVICE DRIVE & HALL STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 700 Parcel Sanitary Sewer Water Main Description Lateral Lateral Services Total Dodd View Addition Outlot B (Parcel 031-04) $ 9,726 $ 4,417 $ 14,143 Outlot C (Parcel 04-004) 17,640 8,012 25,652 Lot 4 Block 2 6,546 2,972 $1,500 11,018 Lot 1 Block 3 16,229 7,370 1,800 25,399 Lots 2, 3 Block 3 (Parcel 032-03) 12,934 5,874 1,500 20,308 Lot 1 Block 4 23.195 10.535 1,800 35.530 Total $86,270 $39,180 $6,600 $132,050 l.� f�M!T� f?�i7NTFO�CTAl�YT SANITARY SEWER IMPROVEMENTS EAGAN, MINNESOTA FIGURE 3 T.H. 3 SERVICE DRIVE/HALL STREET CITY PROJECT No. 700 L•\49\49575\49575FO2 MARCH 1996 COMM. 49// 5C) 7 Bonestroo Rosene Anderlik d Associates ffiad'- RinYVTfl70TA1�,47' WATER MAIN IMPROVEMENTS EAGAN, MINNESOTA FIGURE 4 T.H. 3 SERVICE DRIVE/HALL STREET CITY PROJECT No. 700 L:\49\49575\49575F02 MARCH 1996 COMM. 49575 xau n roes Bonestroo Rosene Anderlik d Associates MEMO .city of eagan TO: FILE FROM: MICHAEL P. FOERTSCH, ASSISTANT CITY ENGINEER DATE: APRIL 30, 1996 SUBJECT: CITY PROJECT NO. 700 - TRUNK HIGHWAY 3 SERVICE DRIVE AND HALL STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS INFORMATIONAL MEETING MINUTES On Thursday, April 25, 1996 at 6:30 P.M., representatives of City staff hosted an informational meeting regarding proposed sanitary sewer and water main improvements to the existing Dodd View Addition. Notification of the informational meeting was sent to all residents located east of Dodd Road, South of Waterview Cove, West of Trunk Highway 3 and North of Farm Road. Mike Foertsch represented Eagan City staff and Mark Hanson represented Bonestroo, Rosene, Anderlik andsAssociates, the City's consulting Engineer on the project. The following property owners were in attendance at the meeting: 1. Lary Frank @ 653 Brockton Curve - Eagan 2. Mike & Shadeen Neisius @ 4856 Dodd Road - Eagan (Lot 4, Blk 2: Lot 1, Blk 4) 3. Ron & Kathe Armstrong @ 4800 Dodd Road - Eagan (Lot 1, Blk 1) 4. Heide & Dave Kolhoff @ 4880 Dodd Road - Eagan (Parcel No. 032-03) After an introduction of the City representatives in attendance at the meeting and a brief explanation of the format of the meeting, Mark Hanson presented the details of the feasibility report prepared for Project No. 700. Following is a summary -of the issues brought up by the residents as well as staffs response to each one of these issues: How much of Carol Street currently exists as public right-of-way and how much has been vacated if any? The resident was concerned about information which is currently being passed out by the City which shows a portion of Carol Street being vacated. To the best of City staffs knowledge, no portion of Carol Street has been vacated In the past. A 60 foot platted right-of-way exists from Trunk Highway 3 to Dodd Road. There have been requests in the past to vacate a portion of Carol Street associated with the Waterview Addition but no portion of Carol Street has been vacated at this point. l'01'"' The property owners of Parcel No. 032-03 located in the southeast quadrant of Dodd Road and Hall Street object to the installation of the sanitary sewer and water main adjacent to their property because of the estimated $20,308 cost for those improvements. The property owners' well and septic currently are in good operating condition. They requested that the project be stopped short of their easterly property line therefore eliminating the lateral assessment to their properties. Subsequent to the informational meeting, the property owner contacted City staff requesting that the sanitary sewer and water main alignment more closely follow the conceptual street and lot layout as proposed in figure no. 2 of the handout that the residents received at the informational meeting. One of the petitioners requesting the installation of the sanitary sewer and water main lives at Lot 4, Block 2 Dodd View Addition located in the northeast quadrant of the Intersection of Hall Street and Dodd Road. Stopping of the sanitary sewer and water main installation at the easterly property line of parcel 032-03 would result in sewer and water services to Lot 4 of approximately 200 feet or more. If the sanitary sewer and water main installation did stop at the easterly One of parcel 032-03 and were to be extended in the future, the cost of the 200 foot long +service to Lot 4 would have been an expense that. would not have been incurred if the water and sewer line extension were extended westerly to Dodd Road at this time. The proposed extension of the water main and sanitary sewer within the existing Trunk Highway 3 Service Drive and Hall Street rights-of-way, provides the most flexibility In the development of the property located between Carol Street, Dodd Road, north of Hall Street and west of the Trunk Highway Service Drive. Figure No. 2 in the handout was prepared in concept when the Carol Street vacation was considered with the development of the Waterview Addition. Also at that time, the City was considering the extension of Waterview Cove to Trunk Highway 3 versus Waterview Cove terminating in the cul-de-sac as it exists today. V sanitary sewer and water main were extended along Dodd Road adjacent to Lot 4, Block 2 Dodd View Addition and Parcel 032-03 in the future how much would they be required to pay for that installation. Current City Special Assessment Policy is such that each lot would receive a 150 -foot comer lot credit if they paid for their entire frontage adjacent to the installation along lull Street. The property owners of Parcel 032-03 requested that they be deleted from the preliminary assessment roll because their well and septic currently are in good working condition. Staff responded stating that an arbitrary deletion of their property from the preliminary assessment roll would be contrary to current City policy. The property owners currently have two options to consider. First, the sanitary sewer and water main installation stop at their east property One creating an additional financial burden for the property owners of Lot 4, Block 2 Dodd View Addition for an excessively long sewer and water service to their home. The second option would be for the City to defer the cost of the sanitary sewer and water main lateral Installation until such a time as the property's well and septic system fails and they need to hook up to the City system located within Hall Street. This deferent would require a special action by the City Council and staff was not aware of any situation in the past where the City Council has taken this action. //v • When are the property owners required to hook-up to the City system? Current City policy requires hook-up to the City system when the private well and septic system either fails or are in need of major repair. What is the existing zoning of the property located north of Hall Street and what is the Comprehensive Guide Plan designation? How could this property be developed in the future? The current zoning of Mr. Nelsius' and Schwendemans' properties are GS or General Business. The Comprehensive Guide Plan designation for the entire area located between Dodd Road and Trunk Highway 3 is D2 Residential, 0 - 6 units per acre. The meeting adjourned at approximately 8:00 P.M. Assistant Ci Engineer INFORMATIONAL MEETING PROJECT 700 - CAROL & HALL STREET THURSDAY, APRIL 25, 9996 - 6:30 P.M. 6. 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS 4s3 4to.-h1un C� PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING tl2 -WATERVIEW CovE 3 1 ► , owl ala 13 =ZL_ 91.70 7 CAROL STREET ► 11 alp -m GUN CLUB RC -- David & Heide Kolhoff 4880 Dodd Road Eagan Minnesota 55123 Tel: 612/423-9752 May 2, 1996 Michael P. Foertsch, P.E./L.S. Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 SUBJECT: Project No. 700, Hall Street Sanitary Sewer & Watermain Improvements Dear Mr. Foertsch: As you are aware from our meeting with you on April 25, 1996, we are opposed to the Hall Street water and sewer improvements suggested on Project No. 700. Because of our property location (Parcel 032-03), it is proposed that we would be assessed $20,308. That is a large sum of money for something that we do not need nor want! It is not fair that two businesses can decide they want city sewer and water, thereby forcing one "innocent" homeowner to pay the cost of their business decision. For that reason we are asking for your help, Mr. Foertsch. One suggestion would be to run the water and sewer line down Neisius' property (one business owner) to Schwendeman's property (the other business owner) from the Waterview Addition. This suggestion, it would seem, would serve both businesses and the Neisius residents but not effect us. Another suggestion would be that our assessment be split three equal ways among us and the two businesses that want the "improvements." We ask that you please consider these and any other alternatives. Is it right that two businesses can decided OUR financial future? Thank you for your attention in this matter. Sincerely, David Kolhoff "� Heide Kolhoff Agenda Information Memo May 7,1996 G. PROJECT 680, CLIFF ROAD ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approveldeny Project 680 (Cliff Road - Upgrade) and, if approved, authorize the execution of the Cost Participation Agreement with Dakota County. FACTS: • The upgrading of Cliff Road (County Road 32) from ChesMar Drive to Lexington Avenue (County Road 43) was first identified in the City and County's 1991 -95.5 -Year CIP as being programmed for 1995. • In August of 1995, the City and County delayed the construction program until 1996 due to workload restrictions. • Cliff Road (County Road 32) from I -35E to TH55 (in Inver Grove Heights) is identified as an "A" Minor Arterial on the regional transportation system. • On December 20, 1994, the City Council authorized staff to prepare a feasibility report to identify the proposed improvements associated with this project. On April 2, the Council received the feasibility report and scheduled a public hearing to be held on May 7. All notices have been published in the legal newspaper and sent to all affected and/or interested property owners informing them of this public hearing. In addition, .an informational open house was held on December 6, 1995, at the Wescott Library and again on March 28, 1996. ISSUES: Numerous comments, letters, and phone calls have been exchanged during this feasibility report preparation process in concert with Dakota County's preliminary design plan preparation. Many of these concerns relate to the additional right-of-way to be acquired and/or temporary slope easements disturbing existing vegetation, location of full access intersections for this 4 -lane divided highway, section, installation of pedestrian trailways on both sides, and resultant special assessments associated with these public improvements. The City and County design staff have given serious consideration to each of these concerns and have modified and fine-tuned the design plans within the acceptable limits of State Aid Standards for a Minor Arterial roadway. However, many concerns could not be fully resolved. Representatives of the City's consulting engineering firm, County Highway Department and City staff will be available to address and respond to any questions/concerns during the public hearing. ATTACHMENTS: • Project justification memo, pages ' through ""` (To be included with Additional Information Packet.) • Comments from December 6 informational open house, pages through " • Minutes of informational a ti g of March 28 ages f-�" through . 0 Feasibility report, pages through 1 COUNTY PROJECT 32-28 Comments received from the December 6th, 1995 Open House. Comments from Station 255+46 to 313+00 4 #0 Sta. 263+75 Rt. Concerned about drainage and where it will go. Would like to know how much fill will go in area behind bike path. Sta. 267+00 Lt. r� w � 7 -3 Concerned about recently planted trees by water tank. `-" �� Sta. 269-x-60 Rt. Concerned about what will happen to sign and fence. Sta. 270+00 Rt. Draft plan does not show a right turn lane. They are requesting a right turn lane. In order to accommodate this need, eliminate the bike path. /11..¢ � TL/w Sta. 270+00 Lt. Ches Mar Fifth Addition, block 1, lot 1 Resident contacted county assessor who stated that tax value of property would decrease 5% to 10% because of widening the road. Concerned with distance .between trailway and home, what is the value of taking? Sta. 270+79 Lt. Dunberry Lane Sight lines to the east are limited for Dunberry Lane. Can the design increase the sight? Can a street light be placed at this intersection. d c r,:.f'.i C-.-V� Cross walk to golf course. X, f- o„+ L,wrj%,trc.fed 1"44'trslc.rlG.tis i'Kec'a— p--v,e es Sk��) (ann-L Reduce speed limit to 45 mph. ,e .. S -t . , Landscape buffer along roadways. ? s % , o °,„ Continue with oak trees east ????? Sta. 271+00 to east Concern to extend the 8' stalled vehicle lane, on the south side of road, further to the east. —77 Sta. 272+75 Lt. Ches Maar Fifth Addition, block 2, lot 2 Concerned about landscaping and dirt work in backyard. Would like to know if their yard will be reshaped. 0 -Lt �, ;( Sta. 271+00 to 275+00 Lt. Ches Mar Fifth Addition, block 2, Wes Schnaidt and Neighbors The residents in this area had a meeting and are requesting a retaining wall to be placed across tots 1,2,3 &4. Kids won't have any place to play. s -Ce. Sta. 278+00 Rt. Parkcliff Drive Neighborhood entrance marker for Park Cliff Addition belongs to all residents, however the owner of this property is newer. "PV'4►- A Sta. 278+44 Rt. Parkcliff Drive Concerned about sight distance at intersection. Sta. 278+44 Rt. Parkcliff Drive Concern that the sight distance is inadequate for vehicles turning on to Cliff Rd. W-eiJ AD - Sta. 278+44 278+44 Rt. Tim Hoel • Resident _ Concerned about access to Park Cliff Development during construction. AA. Sta. 279+00 Lt. Oak Chase Fourth Addition, block 1, lot 8 Interested in noise mitigation for the project. Would request the city/county construct noise walls. /V a t- F _Y Sta. 281+00 Lt. Oak Chase Fourth Addition, block 1, lot 9 • Resident is interested in saving trees, and does not want a bituminous bike trail. Opposed to eliminating the bike trail, we need trails. /de Sta. 285+00 Rt. I250 Cliff Road Save older established pine trees west of driveway. Shorten right turn lane to minimize the impact on pine trees. 1--p Sta. 285+00 Lt. Oak Chase Road t Residents are concerned about children crossingOak Chase Rd. Need crosswalk and signal. S'0 ­ ;t -7n ► -7 9 The last thing Cliff Road needs is more traffic lights. Is a pedestrian bridge an option? Sta. 285+18 Lt. Oak Chase Road Consider west bound left turn lane at Oak Chase Road for U-turns. — o (� Sta. 286+00 Lt. 4590 Oak Chase Road Can the trees on county property be saved (3 trees) ? Draft plan shows 7 trees, however only 5 trees exist. W A •L-4- - c, ,_.. O J.C_4_4� Sta. 287+94 Rt. Parkridge Drive Residents are opposed to the center median at Parkridge Drive. There is a need for full access. Provide a break in the median for full access. Sta. 287+94 Rt. Parkridge Drive Concern about center median at Parkridge Drive. Close Parkridge Drive east intersection with Cliff Road, construct a cul-de-sac. Open median at Parkridge Drive close Oak Chase. Opposed to closing median at Parkridge Drive. /�7 Sta. 289+00 Lt. Oak Chase Sixth Addition, block 1, lot 1 � IAM to 7n" Concerned about construction process, would like noise and dust mitigated so that there is minimal disruption in backyard during summer months. 4-- sia'ec,'d Concerned that sidewalk may increase cross through traffic in backyard. N-" e r( Concerned about noise level, could the existing berm be maintained. Sta. 289+00 Lt. 4557 Oak Chase Way Would like to save the existing berm near property line. The current berm reduces noise level of traffic. if the berm needs to be removed we would like trees, sound fence etc. to be installed to keep the noise level as it was before construction. Stn 289+00 Rt. Park Cliff Second Addition, block 4, lot 7 7o- r'.vQ.2Q Replace trees and plantings for visual and noise buffer. r Sta. 289+00 Rt. Park Cliff Second Addition, block 4, lot 6 'e Resident concerned about access during construction. W at Sta. 290+50 Lt. 4592 Cliff Ridge Ct. Existing water is diverted away from house. The construction limits are close to the house, which will bring more drainage problems. The resident would like a more acceptable flow pattern. Consider a retaining wall to minimize impact. Sta. 293+00 Lt. Cliff Ridge Addition, block 1, lot 4 Would like a berm and fence behind bike path, resident is intere��stggd in excess dirt for berm. f?, Sta. 300+00 Lexington Ave. Need a pedestrian crosswalk with signal at Lexington Ave. , Iagree.�.-c,z•%.A—Z 14z Sta. 300+03 Rt. Lexington Ave. Concerned with bikes continuing east past the park entrance because there is no shoulder. Consider bike trail on south side or shoulder - 14' ? Sta. 301+00 Rt. Trailway location & east of Lexington Ave. ? Sta. 302+00 Lt. Consider construction to be staged to maximize the access from Lexington Ave. to the \ east. LV :JL.0 sL.�.�✓+��+'�••tiip -e.-,�!-G, Sta. 305+00 Rt. Parks department needs to put up No signs. Sta. 306+00 Rt. Can additional parking for the Park be added? / le fgment Cards Tim Hoel 4667 Parkridge Dr. 1) The sight lines to the west from Park Cliff on to CIiff Rd. are not adequate, especially during winter. 2) Blocking the median on Cliff Rd. at Park Ridge would force us to use an unsafe intersection. 3) Cliff Rd. should be lowered a few feet by the golf course, not raised as the plan indicated. Roxanne Flett 4654 Parkridge Court I) I oppose the median at Cliff Rd. and Parkridge Drive. We need to be able to make left and right turns at that location, so do school buses, garbage haulers, etc. 2) I agree with the proposed banning of parking on the shoulder by Holland Lake along Cliff Rd. Walkers, bikers, runners and rollerbladers need this space to keep themselves safe. 3) I'd like to see a stop light at Cliff and Lexington as soon as possible so that we can safely cross Cliff Rd. to get to park/rec. sites. The Park Cliff neighborhood has no safe passages to Eagan park sites. W. Barry Graham 4670 Parkridge Drive We would like to have an opening in the median at the intersection of Parkridge Drive and the widened/improved Cliff Road. Sight distances and speed of east bound traffic make the left turn at Parkcliff Dr. and Cliff Road more difficult and dangerous. Dale Willer 961 Trillium Ct. I appreciated the opportunity to come to the open house and see what is coming. Jay Fredrickson 4590 Oak Chase Rd. Please, Please save our trees !!! Please schedule an appointment with us - your concern will be appreciated. /� 7 L_V/ � � _✓ RECEIVED ON DAKOTA CUUNI Y December 17, 1995 I:IGHWAYDEPARTIW Dave Everds Dakota County Engineer Apple Valley, MN 55124 Re: County State Aid Highway 32 Improvements Dear Dave Everds: I am writing to express the concerns of the Dunberry coalition. Several of the homeowners that live on Dunberry attended the December 6th meeting at the library and have formed a neighborhood coalition. Our concerns are that this expansion project as proposed on December 6th will not only ruin the looks of our yards but also affect the property value of each and every home on Dunberry. We have contacted several people from your office who are working on this project to express our concerns and offer ideas to help preserve our neighborhood. The response that I received from each member of your office is that our suggestions will be considered but there is a good chance that none of our suggestions will be included in the final plan due to budget reasons. This is not an acceptable answer. We will not sign any papers that give the county access to our properties until each and every suggestion has been incorporated into the final plan, then and only then will we sign off and allow the county to proceed with this expansion. We all understand that progress is a part of life, but there is a right way and a wrong way to expand this section of road and right now it looks as if the county is going to choose the wrong way. None of us want this 6 lane road in our back yards, but if you agree to do it in a manner that we all can live with we will accept this road. What we have suggested is that this project be moved more to the south side of Cliff in order to preserve as much of our properties as possible. This would move more of the road onto the Parkview Golf Club property. We understand that they will oppose this move, but they clearly have more room to give on their side of the road than we do on our side. By moving the road to the south, you will keep a 6 lane road out of our back yards and also leave the golf club with plenty of room to spare. The second suggestion is that a retaining wall be built on the north side of Cliff in order to keep the ground level of our back yards at there present height. None of us will accept any sloping of our yards, period. Third suggestion is that a solid fence be put on top of the retaining wall to replace the earth mounds that are presently on our properties. This fence would serve the same purpose as the earth mounds, blocking the view of the road and helping eliminate road traffic noise, which will greatly increase with the expansion of this road. These three items are not negotiable. If you are going to expand this road you are going to have to do this in a manner that is acceptable to us, the landowners. Again, I am aware of the fact that you have a budget to work with, but if you cannot afford the above mentioned items then this project must be delayed until such time as to ascertain the necessary funds to comply with our needs. No exceptions! lav We would like to work with you in resolving this problem. As you start to rework the plans for - this section of road we would like the opportunity to work with you to make sure that all items are included to the satisfaction of all the property owners living on Dunbery. The county will come in here and rework the road in one summer, we will still be living here long after they are done with their work. Do not wreck our homes! Again, if there is a budget problem, this project will have to be postponed until the county can come up with the necessary funds to comply with our (the landowners) needs. No exceptions! You may contact either Rick or Nan Martinek, #686-8153 or Wes and Julie Schnaidt #686-8469 Sincerely, The Dunberry Neighborhood Coalition Idl _OX 7�7 December 7, 1995 W Dakota County Highway Department RECEIVED Attn: Transportation Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 :.'!A i �.VUUN1Y HIGFiV AYUPARTMEN7 Subject: Cliff Road Improvement Dear Sirs: I believe that the Project Open House for the proposed improvement of County State Aid Highway 32 / Cliff Road was an excellent idea for the exchange of ideas and issues related to this proposal. As a homeowner with small children in very close proximity to Cliff Road, we have a concern that we would like addressed related to this project. We propose that Parkridge Drive be closed at Cliff Road and be made into a cul-de-sac. There are eight children that live in the 8 closest houses adjacent to Cliff Road. This project will obviously create an additional concern/hazard which we believe can be alleviated by the creation of our proposed cul-de-sac. After speaking with representatives from the county and city at the open house, it was communicated that this idea had some merit and no clear obstacles, other than obvious sewer, traffic, maintenance and utility issues could be found at that time. We realize the scope of this type of project and concede that everyone's ideas and concerns cannot be addressed. However, we feel very strongly about our ideas and will be vehemently against any proposal that does not include the closure of Parkridge Drive at Cliff Road including the addition of a cul-de-sac. Please keep us updated on the progress of this project and any meetings or dates that decisions will be made regarding our proposal. Sincerely, Jeffrey and Tracy Clark 4692 Parkridge Drive Eagan, MN 55123 612.686.0176 /ate M BY 12-14-95 : 13:33 : Decestber 7, 1995 Dakota County David L rverds, P.E. ,Highway Deparrtaent 14955 GaIaxie Ave, 3rd floor Apple valley, W 55124-8579 R8: county Project. 32-28 Dear Mr. Rvards, 612 891 7127:8 2/ 3 LV - On ✓r On DeC&wLber 6, 1995 I attended the project open House for the proposed improvement of County State Aid Highway 32/Cliff Road. That evening lair. Pete Sorenson, your representative, spent approximately one hour describing the project to as. From that I' learned the foilovinq: The project is scheduled to begin tl;e spring of 1996 with a completion date later that year. + The construction zone will come within four feet of my home. * During construction we will lose use of a substantial portion of our Yard. Over 100 trete, planted by myself, will be destroyed. The trees, along with the existing berm, are the only obstacles between my children and vehicles traveling in excess of 53 XPH. Further escalating the danger is the road's elevation in proximity to my home. + The proposed walking path is to be situated a fess feet south of my current tree line. Our family carper trailer, maintained on the south side of our garage, will need to be removed. icy children's play systea(swings, slide, fort, sand box), secured four feet into the ground, will be destroyed if it is not dismantled. The slope of my yard will be altered, the result will be a significant loss of level ground. As a consequence, no location will exist for our camper trailer and play system. .acre impQrtantly, my kids will simply have less usable area. /a3 BY: 12-14-95 : 13:34 : Pag4 Z Dakota County David L Evards, P.E. 612 891 7127:* 3/ 3 Lastly, the proposed topography of my property appears to Place, WY saiee in peril from rain runoff. This proposal concerns to tremendously. I feel that the Proximity of the proposed road, lacking a berm, poses a threat to MY children's safety. After attending the open house, I realize that my hands are tied through the coapletion of the project; as no reasonable person 'would purchase my home knowing this inforsation. The option to sell my home, now greatly diminished, is of profound value. lrurthermore, I an now precluded from - making any enhancements to the south side of my home or property for at least another year. I appreciate lir. Sorenson's candor and his idea of establishing a' retaining wall to overcame some of the stated problems. I wish to meet With smacne soon to evaluate our options. Please call me at 687-6705(W) or 688-0598(H) at your earliest convenience. Sincerely, Q •� arik 1 i 4595 Cliff Ride Court Eagan M, 55133 �i David L Everds P.E. Dakota County Engineer 14955 Gala.,de Avenue Apple Valley, MN 55124 Dear Mr. Everds: ¢� Z- ---e- e-- (� 1482 Lake Park Circle Fagan, MN 55122 November 25, 1995 RECEIVED jTOV 2 0 19 DAKOTA (;t)U 4 i Y W.44WAYDEPARD ENT Thank you for the notification regarding the Highway 32/Cliff Road improvement project open house. Unforarnately, I will not be able to attend the informational briefing due to another commitment outside of the Metropolitan area. The area identified for improvement will be a pleasant addition to traffic and pedestrian safety. The one perception that I have heard within the community is that County projects are not sensitive to tree preservation and environmental impact of the tree removal. I understand that this perception is not reflective of county standards, but I would recommend that this be a subject that is addressed and possibly additional handout information be made available during the open house. One question that I would have is the time line for improving Cliff Road through to Highway 3. I will address this question to Ms. Vermillion as indicated in your letter. Si Y" Steven Burdorf Advisory Planing ommission, City of Eagan cA`l�S tx.-p 14:;z S00000- if S If �y.a i 4 1 �01SL1TLtiCtiCIti�S MEMO: Minutes of Informational Meeting for Cliff Road (CSAH 32) Street and Storm Sewer Reconstruction, Citj+ of `Ea an"Zo ect Na: 68011 1326 Energy Park Drive t _. _ g �„,.,... St. Paul, MN 55108 DATE: March 28, 1996 612-644.4389 I-800.888.2923 FILE: 112-030-10 fox: 612-644-9446 Meeting_ Minutes The informational meeting for the Cliff Road Upgrade, City Project 680, was called to order by Mike Foertsch, Assistant Eagan City Engineer at 6:30 p.m., Thursday, March 28. Mike introduced Steve Gatlin and Greg Stonehouse from MSA and Dave Zech and Bob Clark from Dakota County. Also, Mike introduced himself and Stan Lexvold, Engineering Field Supervisor for the City of Eagan. :;,;L _NGNEE`ING, Mike then gave a brief overview of the project and introduced Greg Stonehouse to present :NYIRcNMENITAL the feasibility report. VNIC PAL :L,VNNiNG Greg explained the results of the feasibility investigation for the project, including the :cue WASTE project location and limits. Greg then described the various project components, including ;U� JRAL street reconstruction, bituminous trails, trunk and lateral storm sewer, existing utilities, and street lights. The final portion of Greg's presentation included cost estimates and a description of project funding, including project assessments. Mike then concluded the s:c= presentation by describing a project schedule and describing the format for the remainder of the meeting, including a general question session and then an informal review of the t. =_ plans with City, County, and consultant staff. _ A summary of the general questions and answers is presented as follows: Q. Was drainage from the golf course adequately analyzed and were water services provided? A. MSA analyzed drainage from the golf course to ensure storm sewer design was in accordance with the City's Comprehensive Storm Drainage Plan. Also proposed and described were two water service locations. Representatives from the golf course will meet with MSA to properly locate required utility services. Q. A residential property owner questioned the amount of the assessment and raised a general objection to being assessed for utility and roadway improvements. OFFICES IN: A. City staff and MSA will meet with the- property owner to review future utility MINNEAPOLIS needs and possible reductions in potential assessments. PRIOR LAKE ST. PAUL wASECA 112/03() 2903.mar An Equal Opportunity Employer Q. Where will the power poles be relocated and when will this work be done? A. Dave Zech from Dakota County described the general proposed location -for power poles and stated the County's position as to why poles cannot be located immediately adjacent to the back of the curb. Q. Can speed limits on this section of Cliff Road be adjusted? A. Dave Zech reviewed the procedure for establishing the speed limit and suggested that, upon completion of the project, a speed zone study could be undertaken. Q. What is the project schedule — when will the project start, and how long will it take? A. Dave Zech gave the approximate estimated contract letting date for the project and suggested a start date of late summer. It was noted that the construction should take four to five months. If work cannot begin until fall, no pavement will be removed, and only utility work will be completed in 1996. Q. How does the appraisal and easement process work and when are appraisals prepared? A. Mike Foertsch described the City of Eagan's assessment policy and the procedure for filing objections to assessments. Q. A resident asked for further clarification 6f the acquisition process and how the procedure works. A. Mike Foertsch again described the acquisition process in detail, including any notification to the property owner. Bob Clark from Dakota County described various types of easements necessary for the project, including permanent easements for highway or drainage and utility purposes, and temporary or slope easements. Also, a brief description of easement value was provided, including a range of $0.50 to $1.50 per square foot for permanent easements, and 20% to 30% of this figure for temporary easements. Q. Can any noise attenuation be installed after the project is zompleted due to increased traffic and the closer proximity of vehicles to adjacent homes. A. A description of the County policy for noise attenuation was provided, indicating that no noise barriers or sound reduction improvements will be implemented as part of this project. Q. Can anything be done to increase safety after the project is completed due to the closer proximity of vehicles to adjacent residences? Measures suggested by property owners included fencing or other devices to keep children out of the roadway. A. Proposed fence locations were described in general, and Dakota County representatives responded that the County will not provide fencing to keep children out of the roadway. Dave Zech indicated that, with the addition of concrete curb, safety will be enhanced because vehicles would not be as likely to leave the road. 112/030-2901mar /t:2 7 Pase 2 Q. Several residents questioned whether or not access at Park Ridge will be open or will the presently shown median remain in place. A. The City of Eagan has requested that Dakota County review this issue and provide a median opening at that location because of resident concerns. Dave Zech indicated this would be reviewed by Dakota County and a decision reached prior to the public hearing. Property owners then asked to be contacted with the County's formal response prior to that date. Q. Can signals or other traffic control devices be installed at the intersection of Cliff and Lexington? A. As part of the project design and review, signal warrants were investigated for this intersection. At this time, a signal is not warranted. However, provisions will be made as part of this construction for future signalization, including placing conduit beneath the new pavement. At such time as a new signal is warranted, it can easily be installed. Q. What level of landscaping and restoration will be completed as part of the project? A. Dave Zech commented on the County policy for tree replacement. Trees and landscaping presently on private property which must be removed as part of the project will be compensated or replaced in kind. Landscaping removed on public right-of-way will not be replaced. Also, the project budget has no landscaping provisions for new tree plantings on public' -fight -of -way. The only landscaping to be completed will be grading and boulevard sodding. The general question and answer session concluded at 7:30. The formal meeting then adjourned and County, City, and MSA staff were available to review the plans with affected property owners and answer specific questions. This discussion was completed at 8:45 p.m. The sign-up sheet for residents attending the meeting is attached. SDG:tw Attachment 112J030 _x)3.mar /0? Page 3 INFORMATIONAL MEETING PROJECT NO 680, CLIFF ROAD UPGRADE THURSDAY, MARCH 28, 1996 — 6:30 P.M. NAME I. J �rna�clfi- 13. �4 r1z sC1 c Cv tZ.l ei,.) 14. _ IAS 15. 17. � >� � • I 1 � i1 I�ti �� � 1 .�w jr 19. 20. Lissawmamm ADDRESS 1� A 2S.L N /f J IZ(O•� �NwOc�r/' Lti l2So Cly 10 &Aerrt w� J .1 i vr� J PAYL vit%AJ 6�oLF- 3 t CL? 3 CA/< ciqArL r- Crk t OA r CYC _�1riiCrTiµ i d���vrG! . �Si/afsy� iv- �:J LAS 7 3 �� Ca �E I-. r• •+ Cir /C;? 7 INFORMATIONAL MEETING ;ROJEC't` N�3 680; CLIFF ROAD UPGRADE THURSDAY, MARCH 28, 1996 - 6:30 P.M. NAME 2. 3. 4. 5. a�r� Caedr�.�- 9. 10. 12. V5J SEvUtSatJ 13. PAT-tZlC)c ADDRESS L -N c i 63 Dz4 crrkj I -'-s6 - Z 4 22,� ' ' 5 -'7 - - 21.44- r, J 40 L -r- 31 o 91j-6 :7 1=4/< CkAv,& crk . 0 A I,- C42 REPORT FOR CLIFF ROAD (C.S.A.H. #32) STREET AND STORM SEWER RECONSTRUCTION CITY PROJECT NO. 680 EAGAN, MINNESOTA APRIL 1996 I hereby certify that this plan, specification, or report was:'prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Gregory J. to ouse, P.E. Reg. ' 1 Reviewed by: rg ven D. Gatlin, P.E. . No. 12754 MSA, Consulting Engineers 1326 Energy Park Drive St. Paul, MN 55108 Phone #: (612) 644-4389 Fax #: (612) 644-944 ins -112.030 A/V Date 112-030-10 March 11, 1996 File: 112-030-10 g1Sll19u �IGI11g8S 1326 E=W Park prig Honorable Mayor and City Council 51. PodMN 55108 City of Eagan 6126446389 3830 Pilot Knob Road 1.800.888.2923 Eagan, Minnesota 55122 fox: 612.644.9446 RE: CLIFF ROAD (CSAR 32) RECONSTRUCTION FEASIBILITY STUDY PROJECT NO. 680 Dear Mayor and Council: Attached is the feasibility study for the reconstruction of Cliff Road from 500' east of Pilot Knob Road to 1000' east of Lexington Avenue. The improvement project consists of total reconstruction and widening of the existing CIVILENG!NEER!NG roadway to an urban standard. Included in this project are the construction of bike trails. ENV;;ONME'r-A1 the installation of a storm drainage system, the extension of the trunk watermain east from MUNICIPAL Lexington Avenue, and the addition of several sanitary sewer and water services. The total P1ANN!NG estimated project cost for these improvements is $3.7 million. The cost of street S0jDWAS$ reconstruction and some utility costs will be shared with Dakota County. The rest will be STRUCTURAL financed using available City funds and through assessments to benefitted property owners. SURVEYING 1RAFFIC If you have any questions regarding any of the information contained within this report. 7RANSKNITlTIoN please contact our office. REVR!; MECHANICAL ENGINE':' Sincerely, R;NG. y RVAC Pow;RDSTRAU'ION MSA, CONSULTING ENGINEERS SMA SYSTEM CONTROLS C/ ✓j' S even D. Gatlin, P.E. SDG:am r Reviewed by• ` 4• Date: Department of Pu ICI Works OFFICES IN: MINNEAP0115 m Reviewed by: � a ST. PAUL Date: 46 *Finaeirector WASECA FEAS-I 12.030 M Equal Oppommiry Em y 112-030.10 TABLE OF CONTENTS TRANSMITTAL LETTER ..................................... i SCOPE..................................................2 FEASIBILITY.............................................2 DISCUSSION ........................................... 2 Street Reconstruction ......................................... 2 Exhibit.......................................... 1 Exhibit............................................3 Exhibit......................................... 5 Bituminous Trails ....................................... ... 2 Storm Sewer Construction ...................................... 5 Exhibits 4a -4d ......................................... 6 Exhibit........................................... 10 Lebanon Hills Forcemain....................................... 5 Sanitary Sewer Construction .................................... 5 Watmnain Construction .......... ............................ I1 Exhibits 6a -6c ......... ................................ 12 COST ESM ATES11 PROJECT FUNDING ....................................... 15 ASSESSMENTS ........................................... 16 Project Assessment Area ...................................... 17 RIGHT-OF-WAY AND EASEMENTS ... 17 Exhibits 7a -7b ........................................ 18 Exhibit8 ........................................... 20 PROJECT SCHEDULE ...................................... 21 PROJECT RECOMMEtiDATIONS .............................. 21 APPENDIX A - PRELMNARY ASSESSMENT ROLL FEAS-t 12.0-1-0 -ii- CORSUR ENGIlERS APPLE VALLEY CLIFF ROAD CITY OF EAGAN PROD. PROPOSED IMPROVE i; rte•• �� ` r� ;I CLIFF I ✓vr� � �aay,�!DE C:, -,:Fri r- 0 .aLANa 6"E Q LOCATION P4tEv off city of eegan SCOPE This project provides for the reconstruction of Cliff Road (CSAH 32) from approximately 550' east of Pilot Knob Road to approximately 1,300' east of Lexington Avenue (Exhibit 1). The following items are major components of this project: ■ Regrading, reconstruction, and partial realignment of CSAR 32. ■ Construction of bituminous trails on both the north and south sides of Cliff Road. ■ Construction of lateral and trunk storm sewers to convey storm water from the street surface and abutting areas. ■ Reconstruction, adjustment, and extension of existing utilities. Installation of street lights. The upgrading will provide for a continued phased upgrade for a portion of a major east/west arterial for the City between two major roadways (Pilot Knob Road and State Highway No. 3). F'EASIBMITY The project is feasible from an engineering standpoint and is in accordance with the master Utility and Street Plans for the City of Eagan and Dakota County. The project as outlined herein will be administered by Dakota County. The City of Eagan will be required to enter into a cost sharing agreement with Dakota County similar to those for past improvements. DISCUSSION Street Reconstruction The primary street improvements consist of the widening and reconstruction of Cliff Road within the project limits. Cliff Road, east of a point 550 feet east of the Pilot Knob Road intersection. is presently a two-lane, rural road. Segments of Cliff Road adjacent to Pilot Knob Road to the east and west were upgraded as pan of the reconstruction of that street. It is proposed to connect to that reconstructed section of Cliff Road, east of Pilot Knob Road, as part of this project. The specific improvements proposed for Cliff Road will involve complete street reconstruction, including grading, paving, and storm sewer construction. The e.Yisting street section will be removed and the new street section will include concrete curb and gutter. The design street width will be 86 feet which will provide for four driving lanes, shoulder safety lanes and an 18 -foot wide center median. Typical street sections are shown on Exhibit 2. The typical intersection layout is shown on Exhibit 3. Both north and south right and left turn lanes will be provided at the intersections with Ches Mar/Fairway Hills Drive, Dunberry Lane, Oak Chase Road, and Lexington Avenue. Right and left turn lanes to the south are also proposed at Park Cliff Drive and Park Ridge Drive. A rigid steel conduit will be placed at the intersection of Cliff Road and Lexington Avenue for traffic the future installation of a signal at that location. The current traffic volumes do not warrant a traffic signal; however, it is anticipated that the increased traffic volume will require a signal when the phased improvements of Cliff Road are completed. Installing the conduit now will enable the installation of a traffic signal without disturbing the newly constructed streets. F.as-1 12.0_0 .2_ /3J v.nlw n re— � PC � PC c0000mZ N y ttO N y O Nly y lot NJ i i 0 Q m m fl o CR Lt C13 -n_ z -n ow Ot C_A C4 ? rn TA iN Rm N mm oo z A� w w Z C. vm I �? v M m m z N 7D ? Gn m o r % W ha v' Z N N /� I I it N V -r r rF, 01 in S � � iI p � tD � � 1■ co r - CM cot D ZLn CA C ? w D A 11 C Cm Eli m n 4� - Z I o� p z I �� v� > �c� I �C w LrI Z I I I C. Cn N I Cn I rn 1 f I i I v n t = rr mcc � an 1 f ! CP N N I N in1U c 55 c13 0 n n0 nr 80 z Z> mo 2D O z� O O w o •M - � W rr 0 mn fid OC 0 �• !� IN I+I 1 � I� -' I' I+ISI ItItl 14 14 1 I'll t I t n r 7n m m TON AVE � w N W r, -__A Bituminous Trails Eight -foot wide bituminous trails are proposed to be constructed along both sides of the street improvements, maintaining an 8 -foot minimum boulevard between the trail and the back of the curb for proper snow storage. These trails will be built in accordance with the City's Master Trail Plan. The design section will consist of 2 inches of bituminous pavement atop a 6 -inch aggregate base. Storm Sewer Construction Storm sewer improvements will involve the use of both existing facilities and the construction of new laterals and trunk systems. The proposed improvements are shown on Exhibits 4a, 4b, 4c, and 4d. The revised storm drainage system is shown on Exhibit 5. At the intersections of Ches Mar Drive/Fairway Hills Drive, Dunberry Lane, Park Cliff Drive, Oak Chase Road, Park Ridge Drive and Lexington Avenue, the existing storm sewer will be modified to match new street widths. New lateral storm sewer with catch basins is proposed for Cliff Road between Ches Mar Drive/Fairway Hills Drive and the lift station east of Lexington Ave. Lift Station Also as part of this project, the existing storm sewer lift station north of Holland Lake and the 18 - inch DIP force main were evaluated to determine whether the system required increased capacity. Widening the pavement will increase the amount of runoff, and filling of the ditches will reduce the available storage capacity of the areas draining to the lift station. The existing storm sewer lift station and forcemain will be able to meet future needs as long as the City continues to follow recommendations outlined in its Stormwater Management Plan developed in 1990. The lift station consists of two pumps capable of pumping at 4.0 cubic feet per second (cfs) individually, and 7.4 cfs when both are in operation. It currently serves an area of nearly 700 acres, although with future expected development, it would serve about 1,200 acres. The 1990 Stormwater Management Plan took this potential growth into consideration, and established development guidelines for storage and maximum flow that would not.,tax the existing storm sewer system. Lebanon Hills, a Dakota County Regional Park, is currently being studied under the County's Comprehensive Stormwater Management Plan. As Holland Lake currently has no natural outlet, it may be required as part of that Plan's recommendations. If requested by Dakota County, a storm sewer overflow can be incorporated into this project for completion with the overall storm drainage improvements. FEAs-112.030 -5- 112-030-10 CHES MAR DRIVE eke �v Z m Z O O �rnn �o�� [ . n Tr 1 � 'T1 rn 0 mm mO .Mv oD �v Z o \ - u • iii/// D II r 0 PAR �SdN7 Vi I w r i 0 -TM rn r o _ Ow- ..� D = log , s N ti COO Z n - T Cur (n � N n D rn rn 0 $ ' v o D �. { _0 Z 14 0) M C N P C!I w J m o O z .•-: CO 14 0) LTI rn _ CA L o J 0 o f HORIZON LANE On x ;m • / - ? = O i1 .. mM: 1 • .. \\ i U' N � D� �N a 1• V ` r _ > �%i a A T I t N $ f 5 LEXINGTON AVE. ;16 LQ x x x A O N > 2 H W z ZE V V 70 CMD o t = N -- j KIRKWC01) cr— /4 <WOOD CIR, � a L cc m n z 0 o "n RM .0o - CDz o-0 Mo 2D z� O 4 os o � m :5 co) /4 <WOOD CIR, � a L A ml 0C 0 sn 4 _0 4 TO 11 m D 9 z 2 O 0) co 0 n r 2H 7n 0 D 3 Watermain Construction It is also proposed to extend the existing 24 -inch watermain which currently ends at Lexington Avenue. This construction would consist of an 18 -inch watermain extension to a point 1100 feet east of Lexington Avenue, to the eastern -most construction limits for the project. Further extension of this trunk will be completed at a later date as part of the reconstruction of the remaining Cliff Road segment, to provide a watermain loop with the 12 -inch watermain at Dodd Road. Additional watermain improvements include the installation of two 24" steel casings for a future pressure zone and three new 6 -inch services. The casings will be located near the existing booster station between Ches Mar Drive and Dunberry Lane. These will be large enough to carry up to 16 -inch diameter watermain underneath Cliff Road. The water services will be provided to accommodate future development. Two new 6 -inch services will be provided to the Parkview Golf Course, and one 6 -inch service will be provided to the Lebanon Hills Regional Park. Watermain improvements are shown on Exhibits 6a, 6b, and 6c. Water and sewer services were considered for the potential development of Parcel 10-03400-011-02; however, these improvements were not included under the scope of this project at the owner's request. It should be noted that 'the costs for these improvements in the future may increase due to possible street and trail restoration, as well as the need to acquire a permit from Dakota County for construction within the right-of-way. COST ESTIMATES The estimated cost for this project, which includes 10% for construction contingencies and 35% for indirect costs, is summarized below. Indirect costs include legal, engineering, administration, and City financing. Easement acquisition costs are being determined by the County and are also included below. Cliff Road Reconstruction $2,560,000 Bituminous Trail 116,200 Storm Sewer Catch Basins and Leads 194,800 All others within Cliff Road 382,250 Sanitary Sewer and Watermain Adjustments 17,665 Watermain Services 12,750 Watermain Extension 65,200 24" Steel Casings 15,000 Right-of-way 380,000. Street Lights 16,E Total $3,759,865 FFAS-112.030 112-030-10 Vl m rn n z ° ' i M r mo Z �m �� mO 2D p z0 m0 K o z 8 o r" rqfmf" x x x x a l X1111 c e � �� vvvv11 � C:tq z O m m n m 4 Z -n 0^ ll -o Dp n P r' mo -n fm mO 00 0D Z o 0O 111 O m 00 Z co O on �+.. II Qf fn !/ � i '; � � •sem e S C• • I r I •" a - 49 ' .OD � r as I N r r n 1 $ r o Lood I Qd to N I s I � I w. •„ •' � :cin ; °' j � v i ;r � ... g I I I � N -I I-I� CLIFF - .n, I' _ Gzr CT II I INC • . �� ('� A mn A II c Gn I i x x x x�\ I'm lfll tG �. O V N O N • \ x Z D • > $ X Ar•t v - `/ ' 0 I = m I I HORIZON LANE O C= < a m D 1 Z Ly I O 0 G �c to— cZ• I = �I ! i _� _I 1 I r' co m n z 0 n n� -n �000z M �v sp oD p z v M p m o cn ^ o V o C:::!] I ,I N� KIRK WOOD CIR, X V C C d 1 �� PROJECT FUNDING As previously indicated, the -City of Eagan and Dakota County will enter into a cost sharing agreement for this project. A summary of City/County cost allocations is presented in the following tables: City of Eagan Dakota County (1) Dakota County participation = $6,000 per centerline mile of highway. FW -1 12.030 iia -030-10 (Percentage) (Percentage) Cliff Road 45 55 Bituminous Trails: Cliff Road, North Side 100 0 Cliff Road, South Side 0 100 Storm Sewer: Catch basins & leads 45 55 Other storm sewer within 100 0(1) Sanitary Sewer & Watermain 45 55 Watermain Services 100 0 Watermain Extension 100 0 24" Steel Casings 100 0 Right-of-way 45 55 Street Lights 100 0 City of Eagan Dakota County Total Cliff Road $1,152,000 $1,408,000 $2,560,000 Bituminous Trails Cliff Road, North Side 58,100 0 58,100 Cliff Road, South Side 0 58,100 58,100 Storm Sewer: Catch basins & leads 87,660 107,140 194,800 All other w/in Cliff Road 375,480 6,7701) 382,250 Sanitary Sewer & Water Main 7,950 9,715 17,665 Watermain Services 8,500 4,250 12,750 Watermain Extension 65,200 0 65,200 24" Steel Casings 15,000 0 15,000 Right -of -Way 171,000 209,000 380,000 Street Lights 16,000 0 16,000 Total $1,956,890 $1,802,975 $3,759,865 (1) Dakota County participation = $6,000 per centerline mile of highway. FW -1 12.030 iia -030-10 Revenues from the proposed street and utility service assessments are listed in Appendix A and summarized below: Cliff Road $362,130 Water Services 8.500 $370,630 Based on these assessments, $1,586,260 ($1,956,890 - 370,630) will be required from the City of Eagan to fund the City share. Funding sources include the major street fund, and various utility funds. ASSESSMENTS Assessments are proposed to be Ievied against the benefitted properties in accordance with the City of Eagan's current Assessment Policy. A preliminary assessment roll is included in Appendix A, attached to this report. Assessments are separated into street and sanitary sewer/water service assessments for clarity. Street improvements are proposed to be assessed against benefitting properties. The multiple unit residential rate (R-4) of $193.10 per assessable front foot and the residential rate of $56.10 per assessable front foot was used to determine assessments for the properties on Cliff Road in accordance with the 1996 Fee Schedule for the City of Eagan. The assessable properties, with their front footage, are shown on Exhibit 7. Sanitary sewer and water main extensions to serve future subdivisions or development will be assessed to the abutting property they currently serve. Sanitary sewer and water service proposed herein may be modified based on further discussions with property owners. In the event additional services are requested, they will be constructed and assessed in accordance with this report. The property owner will have the option, at the time of the assessment hearing, to pay the assessments in full or include the assessments as part of their property tax statement. If the assessment is included on the property tax statement, it will be spread over a 15 year period and at an interest rate determined by the bond sale at the time the project is awarded. Project Assessment Area Listed below are the parcels which abut the project and are proposed to be assessed: Single Family Residential Parcel #10-03400-011-02 Parkview Golf Course Parcel #10-03400-010-25 FEAs-112.030 Dakota County Park Parcel #10-03400-010-01 Parcel #10-03500-010-28 Parcel #10-02600-012-50 Parcel #10-02600-012-51 112-030-10 m z 1 I N 0 �S V� •. iI Dasoom in R AcanQ .i 1 I N 0 �S V� •. iI Dasoom ED m Y ti V • �, 7 � C 4d LSI .rc !E 1 1 . . n. � O I I • s000/ 9 4 Listed below are the parcels that abut the project but are not proposed to be assessed: Oak Chase 4th Lots 7-13 Block 1 Josoh Connolly Lot 1 Addition Block 1 Lot 1 Block 2 Oak Chase 5th Lot 1 Addition Block 1 Fairway Hills Lots 4-9 Block 2 Lot 1 Block 2 Oak Chase 6th Addition Lot 1 Block 1 Lots 1 & 2 Block 1 Park Cliff 2nd Addition _Ches Mar 5th Lots 1-4 Addition Block 2 Lot 7 Block 4 Lot 1 Block 1 Lot 8 Block 2 Park Cliff Ches Mar Fast Lots 12-16 1st Addition Block 2 Lots 1-4 Block 1 Lots 27-31 Block 2 Lot 1 Block 2 Tiff Ri&e Ches Mar East Lots 11-18 4th Addition Block 1 Lots 3 & 4 Block 1 RIGHT-OF-WAY AND EASEMNTS The project will require acquisition of additional street right-of-way (ROW). The existing ROW varies from 100 to 150 feet wide and the new ROW will be acquired to a width of 150 feet. In addition, temporary construction easements, permanent drainage and utility easements, and slope easements will be acquired for the various utility improvements included as part of the project. The easement acquisition/ negotiation process will be administered by Dakota County. At the time this report was prepared, all the specific easement requirements for each parcel had not been determined by Dakota County. STREET LIGHTING Street lighting improvements are also proposed. Those improvements are presented on Exhibit 8. PEAS -I 12.030 -17 If'014 112-030-10 PILOT KN RDL L C—) r- -T-1 Tl 101 M 0 0 OZ V) "CAK CHASE S,`3 0 vc PROJECT SCHEDULE The following is a preliminary schedule for the proposed improvements. The main concern during construction will be the maintenance of traffic to the properties where the only access is from Cliff Road. These properties include the Park Cliff Additions and the Park View Golf Course. The project specifications will address this as the project proceeds. Present Feasibility Report April 2, 1996 Public Hearing - Authorize Plans and Specifications May 7, 1996 Approve Plans and Specifications and Submit to County July 2, 1996 Open Bids/Award Contract September 1996 Complete Construction Fall 1997 Assessment Hearing Fall 1997 First Payment Due with Real Estate Taxes May 1998 It should be noted that this schedule is subject to change as the County has yet to begin its right-of-way acquisition process. PROJECT RECOMMENDATIONS The project as outlined in this report will be administered by Dakota County as part of its Capital Improvements Program. The recommended reconstruction includes widening the road, removal and replacement of the existing subgrade, new paving, consttrncting a storm sewer system to direct the runoff storm water, the extension of an 18 -inch trunk waterrnain, and various utility service installations and repair. The estimated cost of reconstructing Cliff Road is approximately $3,800,000. This estimate includes construction costs and all overhead associated with the project. The cost would be financed using a combination of Dakota County funds, assessments to benefitted properties, and City street utility funds." The City of Eagan will be required to enter into a cost sharing agreement with Dakota County similar to past agreements for comparable improvements. This project is technically feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plans for the City of Eagan and Dakota County. FEAs-112.030 1I2-030-10 APPENDIX A 112-030-10 Appendix A Preliminary Assessment Roll Cliff Road (CSAH 32) Reconstruction Project No. 680 l f6 Street Assessments Utility Assessments Parcel Assessable Rate per Cliff Road Water Services Total Assessment *N 1/2 Section 34 Parcel 010-25 Parcel 011-02 1330 348 $93.10 $56.10 $123,823.00 $19,522.80 $8,500 $132,323.00 $19,522.80 Lebanon Hills Regional Park *N 1/2 Section 34 Parcel 010-01 1303 $93.10 $121,309.30 $121,309.30 *N 1/2 Section 35 Parcel 010-28 437 $93.10 $40,684.70 $40,684.70 *S 1/2 Section 26 Parcel 012-50 230 $93.10 $21,413.00 $21,413.00 Parcel 012-51 380 $93.10 $35,378.00 $35,378.00 TOTAL $362,130.80 $8,500.00 $370,630.80 l f6 Agenda Information Memo May 7,1996 Eagan City Council Meeting OLD BUSINESS ACTION TO BE CONSIDERED To approve or deny an extension of one year for the Eagandale Corporate Center Preliminary Subdivision consisting of 20 ' lots on approximately 200 acres located at the northeast intersection of Lexington Avenue and Yankee Doodle Road. FACTS The Preliminary Subdivision for Eagandale Corporate Center was approved by the City Council on May 15, 1995. The original preliminary approval was given to NW Mutual Life Insurance Company, owner of the property at the time of application. Maplewood Acres, Inc. is requesting this extension because of their recent acquisition of the property and their desire to have one full building season for completion of all the necessary planning work required for Final Plat. ISSUES The Preliminary Plat was approved prior to the completion of the Central Area plan and the addition of the business park zoning district to our Zoning Code. The property is zoned I-1 (Industrial) and the granting of an extension for a designated period of time would also preserve the property owner's right to develop the property for that period with uses permitted in the I-1 zoning district. The previous applicant also petitioned the City for a public improvement project. The project feasibility study was approved, but plans and specifications were not ordered a the NWML's request. The City has incurred approximately $42,000 in engineering costs associated with this feasibility report. If an extension is granted on this Preliminary Subdivision, the City should require that all public improvements be installed as a public improvement project in order to insure that these costs be recouped by the City. BACKGROUND/ATTACHMENTS (4) Staff background memo, pagesthrough City Council Minutes dated May 15, 1995, pages7Wthroug". Letter of request for extension, page Preliminary Subdivision Map, page (s 7 _ city of eagan TO: MAYOR TOM EGAN CITY COUNCILMIEMBERS FROM: LISA FREESE, SENIOR PLANNER DATE: MAY 2, 1996 MEMO SUBJECT: EAGANDALE CORPORATE CENTER PRELIMINARY SUBDIVISION EXTENSION REQUEST Maplewood Acres, Inc., the recent purchaser of the Eagandale Corporate Center property, is requesting a one-year extension of the Preliminary Plat granted on May 15, 1995 by the City Council. BACKGROUND OF THE DEVELOPMENT In 1995, Northwestern Mutual Life (NWML) requested Preliminary Subdivision for the subject 200 acre parcel located east of Lexington Avenue and north of Yankee Doodle Road in the SW quarter of Section 11. The APC held a hearing on this Preliminary Subdivision request on April 25, 1995 and recommended approval of the subdivision subject to conditions. The City Council approved the Preliminary Subdivision on May 15, 1995 and that approval is effective for a one year time period. NWML also petitioned the City to prepare a feasibility report for the public improvements associated with this subdivision. The feasibility report was completed by MSA, Consulting Engineers, on September 1, 1995. The City Council held a public hearing on that feasibility report at its September 20, 1995 Council. The project was approved, but at the property owner's request, detailed plans and specifications were not ordered. The City has incurred approximately $42,000.00 in engineering fees related to this feasibility study and preliminary work on the detailed plans and specifications for the improvement project. The development will require an Indirect Source Permit from the MN PCA prior to Final Subdivision approval. NWNL authorized initial air quality monitoring and testing, but did Eagandale Corp. Center Extension Request Page 2 not proceed with the necessary modeling required for the ISP application. Jack Hoeshcler, the attorney for the Maplewood Acres, Inc., has indicated that the owner would like to proceed with the ISP application and requested that the City authorized the consultant to prepare the application. City staff is working with the applicant establish an acceptable escrow deposit agreement. Once this ISP work begins, a six month time period would be ample to complete the ISP and final plat application. The property is zoned 1-1 (Industrial) and granting an extension of the preliminary plat approval would preserve the property owners right to develop the property for that period with the uses permitted in the 1-1 Zoning District. Several changes have occurred since this original approval and should be reviewed in consideration of this request. Central Area Plan. During 1995, a plan for the Central Area was developed and enacted. While the NWML property is not in the Central Area it is just to the east of this "core" commercial area of the City. As defined by the plan, the Central Area encompasses the concentrated massing of mixed retail, office, service and residential uses. Uses within the Central Area node should serve the shopping needs of the community and provide significate corporate office employment base. 2. Eagan Promenade. The Eagan Promenade mixed use development located to the immediate west side of Lexington Ave was approved in December, 1995. The development consists of over 600,000 square feet of retail and 294 apartments units. The apartments are located on the eastern portion of the site in fairly close proximity to the proposed Eagandale Corporate Center. 3. Trucking Land Use Issues. During 1995 the increase of trucking businesses requesting Conditional Uses Permits for facilities in Eagan became a concern to the APC and City Council. As a result, discussions regarding the location of these facilities, their impact on the surrounding neighborhoods, and the effect of trucks on road capacity occurred at APC and City Council work sessions in late 1995. The minutes of the City Council's November 6 special meeting reflect a desire to establish a policy limiting the location of new trucking terminals and trucking related facilities, especially along the Yankee Doodle Corridor. Subsequently, this policy was applied in the denial of the application made by Hoovestol, Inc. for a truck terminal facility at northeast comer of Mike Collins Drive and Yankee Doodle in November, 1995. The location of trucking facilities continues to be a concern in 1996 and at the April 23 APC meeting, the APC made a recommendation that the City Council initiated a Trucking Land Use Study which is discussed in more detail under New Business Agenda Item M. IS7 Eagandale Corp. Center Extension Request Page 3 4. Business Park Zoning District. The new BP, Business Park Zoning District in the City Zoning Ordinance was adopted on March 4, 1996. The BP zoning district is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to non -industrial development. More intensive uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to maintain high quality site planning, architectural, signage and landscape design to create an attractive and unified development character. While the zoning district was developed and specifically applied to an area bounded to 1-494, TH 55 and TH 149, it was designed to be used City wide. In discussions at the APC during the development of the new district, it was envisioned that this district could be applied to the Eagandale Corporate Center site. V ! "L•g3 • _ • It would be appropriate to consider one of the following actions regarding this extension request. 1. To approve or deny a one year (or less) extension of the Preliminary subdivision for Eagandale Corporate Center subject to the original conditions of approval (See attached City Council minutes dated May 15, 1996) and the additional condition requiring all public improvements shall be installed by the City. 2. To continue action on the extension to a specified date and initiate a rezoning of the subject property to Business Park. Lisa J. Freese, Senior Planner 1�e0 F-A"N CITY COUNCIL MINUTES, MAY 13. lllsrS PAGE 17 15. Tree protective measures are required (i.e. 4' polyethylene laminate safety netting) to be Installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant treesMroodlands to be preserved. 16. The developer wig be required to contact the City Forestry Division at least fine days prior to the Issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. _-•- 17. An Individual lot Tree Preservation Plan will be mquired for Lot 4 of this development at time of grad inwbuilding permit application. 18. The subdivision shag be platted. Aye: 5 Nay: 0 Mayor Egan welcomed the Old Country Buffet to the community. PREl18NINARr3c —'"'GAM3AXE'=RPORATF-- •� After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Some discussion followed concerning proposals for this property. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Eagandale Corporate Center Addition, in the south half of Section 11, subject to the following conditions: I. Standard conditions of plat approval Al, B1, B2, 83, B4, C1, C2, C3, 04, D1, E1, F1, GI and H1 as adopted by Council action on February 2, 1993. 2. An ISP shag be obtained by the appgcant, with review and Input by the City, prior to City Council action on the final subdivision. 3. A variance to allow a 50' minimum depth for landscaped yards located across the street from an 'R', W, or 'P' District shall be approved by the City Council. 4. Individual lot development pians shag be subject to an administrative site plan review and approval. S. Detailed plans and specifications of the proposed retaining wag construction shag be submitted prior to City Council action on the Final Subdivision. . S. The proposed vacation/extension of Aldrin Drive issue shag be res0t ved prior to City Council anion on the Final Subdivision. 7. The signaiization of the Neil Armstrong/Galf View • Yankee Doodle Road Intersection shag be resolved prior to City Council action on the final subdivision. 8. The wetland replacement pian for the development shag be approved, subject to the following conditions: a. Trees 5756, 758, 761 and 770 in the tree inventory for the site shag be preserved by reorienting Ponds C2A and C213 to the north and east. LAGAN CnY COUNCIL MINUTES; MAY 15. 105 PAGE 1E b. The proposed .8 acre wetland mitigation area due east of DNR Protected Water #135 shop be relocated to avoid impacts to oak trees. c. The City will reserve the right to modify the wetland replacement plan based on changes in the Wetland Conservation act made by the 1995 legislature (which will be (mown In May 1995). Modification can be made only to the extent necessary to accommodate elimination of tree -related Impacts associated with up to .8 acres of replacement wedand. d. No grading shall be allowed within 30 feet of the delineated wedand edge of Wetland Basins A and E. except for tip to a total of 450 lineal feet along the south end of Wetland Basin A (for road construction) and north end of Wedand Basin E (for detention basin construction). The 30 foot wide area will be managed to support natural vegetedon and shag be left unmowed. This area shag be dearly marked on both the grading plan and In the field prior to any grading activity. e. At least .5 acres of replacement wetland shall be established as forested wetiand through the planting of tree and shrub species compatible with seasonally saturated soils. The number and types of trees planted shag be based on those shown on the tree inventory which will be removed by filling of Wetland Basin G. f. The pond level bounce for Pond OP -11 (Wetland Basin A) should be 3 feet or less for a 10 - year storm event and 2 feet or less for a 2 -year storm event. g. The developer shag submit for review by the water resources coordinator detailed plans regarding the grading for wetland replacement and ponding areas, including areas of hydric soil placement and a vegetation planting pian. The plan must be approved by staff before any grading pian application for the site is submitted to the City. 9. The developer shall provide tree protection measures 0.e. 4 foot polyethylene laminate safety netting) to be installed at the Orip Une or at the perimeter of the Critical Root Zone, whichever is greater, of the significant treestwoodlands to be preserved. 10. The developer shag contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. 11. This subdivision is subject to a cash park and trail dedication. 12. issues regarding additional *specimen* tree preservation and possible cash parkland dedication credit for a public connection between the two ONR waterbodies and other potential public 'save' steas shall be resolved prior to City Council action on the final subdivision. 13. The developer shag plat the property. Aye: 3 Nay: 0 PRELIMINARY SUBDIVISION - EAGANDALE CENTER -INDUSTRIAL PARK NO. 12 After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Wachter moved, Awada seconded a motion to approve the Preliminary APR 1 0X996 n April 9, 1996 Mr. Mike Ridley, Senior Planner City of Eagan, City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 re: Eagandale Corporate Center Dear Mike: John G. Hoeschler, P.A. ATTORNEY 420 Pillsbury Center. 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9292 (Fax) 337-9220 This is to confirm my oral request on behalf of Maplewood Acres, Inc., the recent purchaser of the above referenced property, for a one year extension of the preliminary plat for that property. The original preliminary approval was given to Northwestern Mutual Life Insurance Company, our predecessor in title, last May, 1995. This request is made in light of our recent purchase and the need for one full building season for us to complete all of the necessary planning work. As you know, we have asked the City to retain SRF to plepare the Indirect Source Permit for the property. This work will be done at our cost but will take several months to complete. There are several other planning type exercises that will take up this building season if we are to be ready to start work next spring. You have indicated that a possible staff recommendation could be for a six month extension. We respectfully request that we not be so limited because it forces an unnecessarily accelerated completion of work by December, 1996, when we will not be able to start work on the ground until the following April, 1997, at the earliest. Would you please present this request to the Council for their approval at their next meeting. If they do not wish to grant a one year extension, would you please ask that the matter be set over to their next meeting so that we may appear in person. Thank you for your help. cc: Dan Oren C UM17"Wi lg%bw Y urs very truly, JW G. Hoeschler �,3 \ �_-------- _ _ __ _ _ ■Sl3LU I I l I� I •:I;•.. I :I I I I 1 I I. I I I ipfl W F- a a � ao' rf .► M C14 i c ' I �i� �i o W 2 i —_—_-- I. �L-------� ---I tn1 ,6T v 1— a LAJ--- — — — , f —.+-'LJ — J3 _ H •— — — — -- — I F: x — — - . - -- r Wgg ail ---_— tlii�f3 If�� tii'j — _ — _><! • I err :. 1 f'� � `.------_---}--- 1 - _ � ;�� \\ ''-•--- iii ' r L. - - -- --r�� ,,,�\ \ •L 1f I I i■rrrp Ar■qrr — — 1 I ' •`•� tr •••1 \ •••-�..'� � I I � � rnrrrrrrrrirrr ltatflEiiiAS 'TT ollim i L. I -- -- I ■I \ �i j d 2g 1 I r� I i 1 1 � � O r•. � 't � _. � r� • r s� .. z:z l _ EI Y i II '1 �i F------- ! �1 iiia ■'a f 1 � ,'�`��• 11 I �� 1 � � •• r iiii���� l I I '`! II 1 Ir■- n it j1 rurr■n s.�.r- - -Jj r: jL------------ N ;-�,1ii11eEEo usl 115 • r — 4� �', w ,l• 11 I �I r i ■ n E j ! �If i W■ • so*" S Lr Ii c I I f' �I • f 1 II I'I I II I' I - ---A.L---=----4--- ----- ' a tfa� - - - - - - - - - -r- w Agenda Information Item May 7, 1996 Eagan City Council Meeting A. ORDINANCE AMENDMENT - •'P" - PUBLIC FACILITIES DISTRICT ACTION TO BE CONSIDERED: To approve or deny an ordinance amendment to Ch. 11.20 Subd. 7 "Public Facilities" deleting "provided any such purpose is not a commercial profit making enterprise." FACTS: 10There are a number of existing uses in the "P" district that are privately owned for profit enterprises and therefore are considered nonconforming enterprises. The proposed ordinance amendment would remove the consideration of who is operating the use and instead focuses on what the use is. The Advisory Planning Commission continued this item at its March 26, 1996 meeting in order to send individual notice to the affected Public Facility property owners. At the April 23, 1996 meeting no one from the public appeared for this item and the Advisory Planning Commission recommended approval of the proposed ordinance amendment. ISSUES: A representative of the Carriage Hills Golf Course spoke at the March 26, 1996 Public Hearing on this item and was concerned that affected property owners were not notified by mail of the proposed amendment. ATTACHMENTS: (1) Copy of staff memo/proposed ordinance - page —" lis Page 2 April 23, 1996 ADVISORY PLANNING COMOSION PUBLIC HEARINGS ORDINANCE AMENDMENT - CITY OF EAGAN Chairman Miller opened the first public hearing of the evening regarding an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by changing Section 11.20, Subd. 7.A "P" Public Facilities District to delete the following: "provided any such purpose is not a commercial profit-making enterprise." Senior Planner Ridley introduced this item. Mr. Ridley highlighted _the information presented in his memorandum dated April 19, 1996. Mr. Ridley noted that this item was on the March 26, 1996 APC meeting and was continued to allow additional notice to affected property owners. Mr. Ridley stated that staff has identified all public facility properties within the City and has mailed a notice of tonight's hearing to each of the property owners. Member Heyl moved, Member Burdorf seconded, a motion to recommend approval of an Ordinance Amendment to amend Chapter 11 entitled "Land Use Regulations (Zoning)" by changing Section 11.20, Subd. 7.A "P" Public Facilities District to delete the following: "provided any such purpose is not a commercial profit-making enterprise." All approved in favor. ((4(40 _ city of eagan TO: MARK MILLER, CHAIR ADVISORY PLANNING COMMISSION MEMBERS FROM: MIKE RIDLEY, SENIOR PLANNER DATE: APRIL 19,1996 SUBJECT: ORDINANCE AMENDMENT - PUBLIC FACILITY DISTRICT MEMO At its March 26, 1996 APC meeting, the Planning Commission elected to continue the Ordinance Amendment for Public Facility districts to the April 23, 1996 meeting to allow additional notice of affected property owners. Staff has identified all Public Facility property within the City and has mailed notices to those property owners informing them of the proposed ordinance amendment and the public hearing. As a point of clarification, there are a number of properties zoned PF (Public Facility) that currently operate businesses for commercial profit making enterprises and, therefore, are non -conforming under the current code. These include: golf courses; day-care facilities operating in churches; etc. As discussed in the March 15, 1996 memo concerning the ordinance amendment, the intent is to shift the focus of public facilities land uses away from Wb2 is operating the specific use and focus on lblh6.t the use is. If you have any questions, please contact me at 681-4689. - lei W, Senior Planner MRfjs i _ CH y of eagan TO: Chairman Miller Advisory Planning Commission members FROM: Shannon Tyree, Planner DATE: March 15, 1996 MEMO SUBJECT: Ordinance Amendment - Ch. 11.20 Subd. 7 "P" Public Facilities District. INTRODUCTION Permitted uses within the Public Facilities zoning district include public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools and hospitals provided an such purpose is not a commercial profit making enteMrise. PROPOSAL The proposed ordinance amendment would delete the caveat imposed upon all uses that It may not be a profit making enterprise. ANALYSIS There are a number of existing uses in the "P" district that are privately owned for profit enterprises and therefore are considered nonconforming enterprises. The proposed ordinance amendment would remove the consideration of who is operating the use and Instead focus on what the use is. Additionally, it would bring existing non conforming uses into conformance. ACTION FOR CONSIDERATION To recommend approval or denial of the proposed ordinance amendment deleting the portion of Chapter 11.20 Subd. 7 "P" Public Facilities District which states "provided any such purpose is not a commercial making enterprise." I�F ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CJTY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20, SUBD. 7(A) REGARDING PUBLIC FACELME.S DISTRICT PERMITTED USES AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 11.99. The City Council of the City of Eagan docs ordain: Section 1. Eagan City Code Chapter 1 I is hereby amended by changing Section 11 .20, Subd. 7.A., to read as follows: A. Permitted Uses. Within any Public Facilities District, no sttuctw-e or land shall be used except for one or more of the following uses or uses deemed similar by the Council: ' Public structures, Parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools and hospitals, Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their cntirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOvrrbeke Its: Clerk Date Ordinance Adopted: By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: . I � I CITY COUNCIL MEETING MAY 7, 1996 NEW BUSINESS B. CONSIDER ACQUISITION, 3.52 Acre Tax Forfeit Parcel of Land North of Royal Oak Circle ACTION TO BE CONSIDERED To take action to secure the tax forfeit parcel or to indicate that the City has no interest in acquiring this parcel. BACKGROUND This parcel of land is the subject of a rezoning and preliminary subdivision approval which appears as the next item on the Council agenda. The request is to rezone the property from R-4 to R-3 to allow for 24 townhome units. This parcel drew the attention of the Advisory Parks, Recreation and Natural Resources Commission following the March .Planning Commission meeting where the rezoning and preliminary subdivision were presented. Adjacent neighborhood residents attended that meeting asking that the City consider acquiring the tax forfeit property rather than having it developed. At the request of the residents, this item wai held over one month to allow staff to review the desirability of acquiring the parcel for parks purposes. Attached is a memo addressed to Senior Planner Mike Ridley, dated April 11, concerning this issue. This memo provides a description of the parcel, a brief history, and an analysis of the parcel and its possible use for a park. This memo was provided to the APRNRC for their review at the April 15 meeting. At that meeting, the APRNRC recommended that the City acquire the parcel of land for parks purposes. A copy of the APRNRC and APC minutes pertaining to this issue are attached. (Staff has photos of the site on file in the event members of the Council are not able to see the parcel in person.) The Advisory Planning Commission has recommended approval of the request for rezoning and the preliminary subdivision. ISSUES: The issue before the Council is whether or not the City should acquire a 3.52 acre parcel of land north of Royal Oak Circle which has previously gone tax forfeit. ATTACHMENTS: Memo dated April 11 to Senior Planner Mike Ridley. Minutes of April 15, 1996 APRNRC meeting. 09,, 1 + �� Minutes of April 23, 1996 APC meeting leo A city DATE: TO: FROM: SUBJECT: MEMO of eagan APRIL 11, 1996 MIKE RIDLEY, SENIOR PLANNER KEN VRAA, DIRECTOR OF PARKS AND RECREATION TAX FORFEIT PROPERTY ISSUE The Advisory Planning Commission has asked City staff to review a 3.52 acre site, which has gone tax forfeit, to determine it's suitability for possible park acquisition and development. PACKGROUND At the March Advisory Planning Commission meeting, the Commission deferred action on a request for rezoning and subdivision for Principle Construction, Inc. for a 3.52 acre parcel immediately north of Red Oak Circle, west of Federal Drive and south of the Surry Heights development. 12ESCRIPTION The parcel is approximately 130 feet in width (north - south dimension) and 640 feet in length. Primary access to the property is from Red Oak Circle, which is a private road. Limited public access Is available from Federal Drive on the east border of the subject parcel. Abutting the west border of this parcel is a 6.3 acre parcel which the City acquired as tax forfeit in 199.1.' It was intended that the 6.3 acre parcel would be a supplemental park to Sky Hill Paris, which is the neighborhood park for this Park Service District. The topography which separates the park parcel and the subject parcel ranges between a 2:1 and 3:1 slope, which Is generally considered non -traversable by most able bodied people. The subject parcel had been graded at some point, probably with the original Royal Oaks Circle 1 st Addition, and has been left in an unmanageable condition with large "piles" of soil. There is an obvious lack of top soil, consequently, there is limited vegetation or tree cover. A number of mature trees border the, north property One. ISP TORY The City acquired the 6.3 acre parcel In response to a neighborhood request for park. The Advisory Parks, Recreation and Natural Resources Commission reviewed four option sites available at that time and the City was able to acquire the tax forfeit parcel because It best met future needs. The subject parcel was also tax forfeit, but was not reviewed as a possible park site because it was substantially smaller then other sites and did not meet the general requirements for the neighborhood needs. STAFF A&ALYSIS FOR PARKS PURPOSES The Eagan Partes Master Plan has long held that "mini parks' should not be incorporated Into the system and only on rare occasions where separation of residents, as a result of a major road, creates Isolated neighborhoods. The subject parcel has limitations for active park use because of the long, lineal dimension of the property which is not conducive to most park facilities. Because of the steep topography that separates the existing park parcel from this one, there is little opportunity to integrate the two parcels as one. If the Inking of the two sites were to be accomplished, it would be at an inordinately high expense and would like $till have significant restrictions for most people. For example, a trail could be constructed by doing some significant grading, but there would still be significant grades to overcome. The space could be used for installation of playground equipment, however, three small play units currently exist on adjoining property. Surry Heights also has two tennis courts and .a hard court while Royal Oaks has one of the small play structures adjacent to its clubroom and small outdoor pool. As a result of the previous grading to the site, developing the subject property, even for a playground, would be expensive. Importation of top soil would also be required in order to establish suitable turf. Development as a "play field", an open but maintained grassy field, is possible. Cost is likely to be between $15,000.25,000. This would replicate the purpose of the 6.3 acre parcel already acquired. Acquisition of the property would mean that the new owner would have access to the property from the private road. However, it is staffs understanding that there would be an annual fee paid to a management association, used for future upkeep of the street. This would be an ongoing expense in addition to the annual maintenance costs. Staff has reviewed this parcel for some "special use" activities such as tennis courts, basketball courts, horseshoes, etc. but can find little justification for these facilities at this location. Obviously, cost for development and long term maintenance is a concern. Because this report has not developed a specific plan, it is not possible to comment on this issue with any high degree of reliability. It would be safe to assume that similar facilities would probably be cheaper to construct in the current parcel rather than on the subject parcel because of site limitations. Annual maintenance costs would vary depending upon any fw%aI plan. A final aitemative is to secure the subject parcel for use as "open space". Generally, open space is acquired because It has some significant natural resource base that makes the parcel worth holding, i.e, unique wetland, hardwood forest, or a special habitat. This is not the case with the subject parcel as it now exists. if efforts were made to recapture this property and create a prairie, staff is projecting a cost of between $20,000 and $30,000 to develop. This would have the affect of reducing long term maintenance costs. SUMMARY The parcel for active facilities has significant limitations for development opportunities (besides duplicating the reason for the acquisition of the 6.3 acre parcel. Development as an open play field or an "open space",1.0. prairie habitat, could be considered. e. (-?;I- Advisory Parks, Recreation and Natural Resources Commission Subject to aoproval Minutes of April 15, 1996 Regular Meeting Page 3 ACQUISITION OF TAX FORFEIT PROPERTY Director Vraa introduced this item noting that the Advisory Planning Commission had asked staff to review this 3.52 acre tax forfeit property to determine its suitability for possible park acquisition and development, As background, Vraa noted that the City acquired a 6.3 acre parcel of tax forfeit property in 1991 which abuts the west border of the subject parcel. The City acquired the parcel in response to the neighborhood request for a neighborhood park due to their isolated location. At the time the property was acquired it was noted that development of the park would not occur until the property to the south was developed to provide access to the park. This park would be a supplemental park to Sky Hill Park, which is the neighborhood park for this Park Service District. The subject parcel is approximately 130 feet in width and 640 feet in length with primary access from Red Oak Circle which is a private road. The topography that separates the existing park parcel from the subject parcel ranges between a 2:1 and 3:2 slope; generally considered non -traversable by most able bodied people. Director Vraa then reviewed potential options for using this site for park purposes. Commission Member Kubik asked how the existing park site would be accessed. Director Vraa responded it would be from Violet Lane once the property to the south is developed. Commission Member Peterson asked if there were any current development plans for that site. It was noted there were no plans at this time for development of that parcel. Staff shared pictures of the site with the Commission. A resident of Surry Heights stated that their neighborhood felt that the City may not have been aware that this land was tax forfeit and they opined that it would be in the best interest of the City to acquire the land rather than to have it developed. Another Suny Heights resident noted that there are over 400 families in the surrounding area that want to see the City keep this property for open space and do not want to see it developed. He opined that no more multi -family zoning is needed in this area. Commission Member Markell asked if a petition had been done supporting this position. The resident noted that he could easily get a petition but none had been done to date. Member Thompson asked how the residents viewed the use of this land if the City acquired it. One resident suggested open play area for flying kites, baseball, etc. Member Peterson asked if the City acquired the land but did nothing to it would that be OK. The three residents present suggested that a trail should then be provided to the current park land so that when it is developed there is access to it. Member Vincent opined that this may be a place to provide open grassy field space which EAA has indicated they have a shortage of. Director Vraa responded that this may not be a good location unless there is a provision made for parking since active use by the athletic association will draw a number of participants. Member Markell asked what the cost implications would be for acquiring this parcel. Director Vraa responded that there are minimal fees for acquiring the property, however there would be significant costs to develop this site and for continued maintenance. Another cost would be a monthly fee for the maintenance of the private road. The homeowners present noted that the cost for acquiring the property would be the filing fee. Member Vincent asked if this could be left as a buffer between the two developments and perhaps solicit assistance from the neighbors to help clean up the area. Member Peterson asked what the cost for a trail from the subject parcel to the park parcel would be. Director Vraa stated that because of the significant grade change the costs would be significant although a cost analysis has not been done. Vraa continued that if the intention was to establish turf, significant grading would need to occur and there would also be the issue of maintenance in the future. Jim Gullikson suggested an option for the site would be to use it as a connecting "finger" from Town Center to connect to the Minnesota River with an ultimate destination to Fort Snalling. This, he opined, would provide a much needed transportation link from the City of Eagan to the state park. A representative of Principle Construction explained that they have worked with Dakota County to get this development up and running. They have made arrangements with Royal Oaks to access this development from their private street. The Commission was then shown a layout plan of the development with a buffer area of vegetation between the new development and the development to the north. 1-2 3 Advisory Parks, Recreation and Natural Resources Commission Subject to approval Minutes of April 15, 1996 Regular Meeting Page 4 A Suny Heights resident stated that the issue is one of creating more density in the area. The surrounding residents are using the amenities within Surry Heights as their own and if further development appears on this site, it will only exaggerate the problem. The developer was asked if they had any plans to provide green space on their site of if they were open to providing a trail from their. development to the existing park property. The developer responded that they had not planned to provide a trail link to the park property. Member Vincent opined that there was no value in acquiring the property other than as a buffer since the City already owns a 6.3 acre parcel very close by. Although it is a good opportunity, the City needs to look at their long range plan and efforts should be made to develop the original park site. Vincent also noted that if the developer is reducing the density and will provide a trail to get to the 6 acre park parcel that would be sufficient, in his opinion. Other Commission Members opined that if the City had the opportunity to acquire property through tax forfeiture, it should take advantage of that opportunity. After further discussion, David Szott moved, Tim Callister seconded with all members voting in favor to acquire the subject property through tax forfeiture to be used as park land. Director Vraa asked for clarification of potential development of the subject parcel; would be developed with the existing 6 acre park parcel? Member Rudolph suggested that the property be used by the residents for picnics and open play area but that it not be developed to any great degree until the 6 acre parcel is developed. Member Kubik expressed his concem for the limited access to this site from a private road and the cost implications of that for the City. Randall Ahem opined that access from the south should be the priority access to the park and that the subject parcel be used as open space only. After further discussion, Michael Vincent moved, Daryle Peterson seconded with all members voting in favor to reconsider the motion. Michael Vincent moved, Daryle Peterson seconded, with all member voting in favor to acquire the property through tax forfeiture for parkland and that no development will occur until plans are considered for the existing 6 acre park parcel the City currently owns. Page 3 Apri123, 1996 ADVISORY PLANNING CONSMSION REZOMWG & PRELIMINARY SUBDIVISION PRINCIPLE CONST. INC. Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 3.52 acres (Lots 1, 2, 3 and 4, Royal Oak Circle 2nd Addition) from R-4 (Multiple) to R-3 (Townhouse) and a Preliminary Subdivision (Royal Oak Circle 4th Addition) consisting of 3.52 acres and 24 townhome units located on the west side of Federal Drive, south of Yankee Doodle Road, in the NEV4 of Section.16. Senior Planner Ridley introduced this item. Mr. Ridley highlighted.the information presented in the City staffs planning report dated March 14, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley noted that this item was heard at the March 26, 1996, APC meeting and that the applicant agreed to a continuance of the public hearing for. the subdivision rezoning request in order to allow City staff to review its desire to acquire the subject property for possible park acquisition and development Mr. Ridley noted the memorandum included in the Commission packet from Ken Vraa, Director of Park and Recreation and that the Advisory Pads Recreation and Natural Resource Commission recommended that the City pursue acquisition of the property for parkland. Chairman Miller noted that the issue before the Commission is to consider the- proposal heproposal for the subdivision rezoning request and not whether the City should acquire the land for park purposes. The applicant's representative, Tom Wilkinson, Principle Construction., stated that to use the site as a park would cost a significant amount of money to the City as opposed to if it was developed by the applicant, whereby the City and County would receive over S112,000.00 in recovered assessments. Joy Gullikson, a resident of Surrey Heights, stated that the proposal provides for no recreation space and will increase the density in the area. Ms. Gullikson also stated concern that the residents of the new development will use Surrey Heights park amenities because of the lack of recreation space on its own property. Ms. Gullikson stated that the development will provide no benefit to the City. :Mother resident of Surrey Heights expressed concern that the area is already high density with no public recreation facilities in the area. He stated that the development of the property as proposed will only increase the already existing high density and will add additional trespassing by non -association members into Surrey Heights recreational facilities. A resident of Royal Oaks Apartment stated that the only play area in the apartment complex is the parking lot and therefore a public park area is needed. She 1 ?f Page 4 Apol 23,19% ADVISORY PLANNING CONO MSION stated that the residential development of the subject property would only add to the need , for park space.Y Member Segal reiterated that the issue before the Commission is not whether the subject site will be used as park, but whether the City should approve the proposal by the applicant. Member Segal stated that he supports the proposal, noting that the proposed density is less than is allowed under the current zoning. He further stated that Condition No. 7 should be deleted. In response to Member F'rank's inquiry, of whether deleting one building from the site for a tot lot or park area on the site, the applicant stated that the site is only 50016 building coverage and the proposed 24 units is within the zoning anck campreheasive guide designations. The applicant further stated that the development will market to empty nesters and therefore there is no need for a tot lot or play/park area Member Hey[ stated that she concurs with Member Segal with respect to the rig,. but does not support the proposed preliminary subdivision. She stated that there is a needed space'for recreational use, including trails or a scenic green area She said the proposed development simply lacks any recreational or gretm space for the site. Member Frank moved, Member Heyl seconded, ,a motion to recommend approval of a Rezoning of 3.52 acres (Lots 1, 2, 3 and 4, Royal Oak Circle 2nd Addition) from R- 4 (Multiple) to R-3 (Townhouse). All approved in favor. Member Frank moved to recommend approval of a Preliminary Subdivision (Royal Oak Circle 4th Addition) for 22 lots (removing one building/three units subject to the conditions in the staff report except condition 7). In response to Chaim an Miller's inquiry, City Attorney Dougherty stated that it is permissible to approve all or a portion of a subdivision application, but with the deletion of one building, the layout of the plat is unknown to the Commission. City Attorney Dougherty added that it would be permissible with the applicant's consent for the reduction. Mr. Wilkinson stated that the applicant would agree to a recommendation by the Advisory Planning Commission to the City Council to delete Lots 22, 23 and 24 and leave that area as open green space. Mr. Wilkinson stated the applicant would go forward to City Council with that proposed revised plat. Chairman Miller advised that action by City Council on the proposed rezoning and subdivision does not preclude the City to purchase the land for park purposes prior to its development. Member Segal moved, Member Schindle seconded, a motion to recommend approval of a Preliminary Subdivision (Royal Oak Circle 4th Addition) consisting of 22 lots, with Lot 22 being Oudot 22 under the Association control and used as common open J -'7(p Page i April 23, 1996 ADVISORY PLANNING COMMISSION space for 21 townhome units on 3.52 acres located on the west side of Federal Drn north of the existing Royal Oaks Circle Apartments in the NEI/4 of Section 16, sub the following' conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993. Al, B1, B2, B3, C1, C2, C4, D1, E1, F1, Gl and Hl. 2. The property shall be platted. 3. All trash recycling containers shall be stored within individual garages. 4. The developer shall be responsible for preparing and recording with the plat; appropriate documents establishing a homeowner's association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowners association shall be recorded with the plat 5. The developer shall submit detailed plans and specifications with the final grading plans for the construction of retaining walls. 6. The four private drives taldng access from the existing Royal Oak Circle private drive shall be constructed with concrete curb and gutter. 7. The developer shall dedicate ingress -egress easement to the City covering the proposed access drive and turnaround -staging area for the well and pumphouse. S. The developer shall submit documentation that provides the subject site an . gress/egress easement to utilize the existing Royal Oak Circle private drive. 9. The developer shall provide Tree Protective Measures to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of all significant trees/woodlands to be preserved 10. The developer contact City Forestry Division at least five days prior to any site grading. 11. The subdivision shall be subject to a cash park and trail dedication. All approved in favor, except Chairman Miller opposed. l "000? Agenda Information Memo May 7,1996 Eagan City Council Meeting ACTION TO BE CONSIDERED To approve or deny a Rezoning from R-4 to R-3 of 3.52 acres located on the west side of Federal Drive, south of Yankee Doodle Road. To approve or deny a Preliminary Subdivision (Royal Oak Circle Fourth Addition) consisting of 22 lots on 3.52 acres. FACTS At the March 26,1996 Advisory Planning Commission meeting, Principle Construction agreed to a continuance of the public hearing for the subdivision and rezoning request. The 3.52 acre area was originally platted as three outlots in 1985 as part of the Royal Oak Circle 1st Addition and in 1986 was ultimately platted as Lots 14, Block 1, Royal Oak Circle 2nd Addition. In 1991 the site went into tax forfeiture. As part of the Royal Oak Circle development, this site was approved for three two-story apartment buildings consisting of 22 units each. The 3.52 acre parcel and a 6.3 acre parcel (Outlot H located to the west) were allowed to become tax forfeit parcels by the Royal Oak Circle Partnership. The subject site is in tax forfeiture at this time and the 6.3 parcel was acquired in 1991 by the City for future park development. Principle Construction proposes to develop the property as 24 single level townhouse units with access being provided via the existing Royal Oak Circle private drive. All setback and parking requirements are met and the density of the proposal is within the allowed density of the requested R-3 zoning. At the April 23, 1996 APC meeting, the Commission recommended approval of the Rezoning from R-4 to R-3 and recommended approval of a subdivision reducing the development to 21 townhome units on 22 lots for the 3.5 acre parcel subject to the 11 conditions listed in the APC minutes of March 26, 1996. The applicant indicated a willingness to reduce the development density from 24 units to 21 units. ISSUES Several neighbors from the surrounding Surrey Heights multiple family development shared concerns about the density in the area and their concern with adding more adults and children to an area that is underserved by public parks. The applicant agreed to a 30 -day continuance and this item was rescheduled for the April 15, 1996 Advisory Parks, Recreation, and Natural Resources Commission (APRNRC) meeting. The APRNRC discussed the 3.5 acre Royal Oak Circle parcel and recommended that the City pursue acquisition of this property for park land with the condition that no development is to occur until development plans are considered for the existing 6.3 acre parcel located west of the subject site and currently owned by the City. Consideration of this acquisition is Item B, New Business, on this City Council agenda. BACKGROUND/ATTACHMENTS (4) APC minutes of April 23, 1996, pages through ► AFC minutes of March 26, 1996, pageshrough Staff report dated March 14, 1996, pages ough Letter from Surrey Heights Homeowners Association received 4/30/96, page throw -0&0: Page 3 April 23, 1996 ADVISORY PLANNING CObWSSION REZONING &c PRELIMINARY SUBDIVISION PRINCIPLE CONST. INC. Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 3.52 acres (Lots 1, 2, 3 and 4, Royal Oak Circle 2nd Addition) from R-4 (Multiple) to R-3 (Townhouse) and a Preliminary Subdivision (Royal Oak Circle 4th Addition) consisting of 3.52 acres and 24 townhome units located on the west side of Federal Drive, south of Yankee Doodle Road, in the NEI/4 of Section 16. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated March 14, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley noted that this item was heard at the March 26, 1996, APC meeting and that the applicant agreed to a continuance of the public hearing for the subdivision rezoning request in order to. allow City staff to review its desire to acquire the subject property for possible park acquisition and development. Mr. Ridley noted the memorandum included in the Commission packet from Ken Vraa, Director of Park and Recreation and that the Advisory Parks Recreation and Natural Resource Commission recommended that the City pursue acquisition of the property for parkland. Chairman Miller noted that the issue before the Commission is to consider the proposal for the subdivision rezoning request and not whether the City should acquire the land for park purposes. The applicant's representative, Tom Wilkinson, Principle Construction, stated that to use the site as a park would cost a significant amount of money to the City as opposed to if it was developed by the applicant, whereby the City and County would receive over $112,000.00 in recovered assessments. Joy Gullikson, a resident of Surrey Heights, stated that the proposal provides for no recreation space and will increase the density in the area. Ms. Gullikson also stated concern that the residents of the new development will use Surrey Heights park amenities because of the lack of recreation space on its own property. Ms. Gullikson stated that the development will provide no benefit to the City. Another resident of Surrey Heights expressed concern that the area is already high density with no public recreation facilities in the area. He stated that the development of the property as proposed will only increase the already existing high density and will add additional trespassing by non -association members into Surrey Heights recreational facilities. A resident of Royal Oaks Apartment stated that the only play area in the apartment complex is the parking lot and therefore a public park area is needed. She Page 4 April 23, 1996 ADVISORY PLANNING COMMISSION stated that the residential development of the subject property would only add to the need for park space. Member Segal reiterated that the issue before the Commission is not whether the subject site will be used as park, but whether the City should approve the proposal by the applicant. Member Segal stated that he supports the proposal, noting that the proposed density is less than is allowed under the current zoning. He further stated that Condition No. 7 should be deleted. In response to Member Frank's inquiry, of whether deleting one building from the site for a tot lot or park area on the site, the applicant stated that the site is only 50% building coverage and the proposed 24 units is within the zoning and comprehensive guide designations. The applicant further stated that the development will market to empty nesters and therefore there is no need for a tot lot or play/park area. Member Heyl stated that she concurs with Member Segal with respect to the rezoning, but does not support the proposed preliminary subdivision. She stated that there is a needed space for recreational use, including trails or a scenic green area. She said the proposed development simply lacks any recreational or green space for the site. Member Frank moved, Member Heyl seconded, n motion to recommend approval of a Rezoning of 3.52 acres (Lots 1, 2, 3 and 4, Royal Oak Circle 2nd Addition) from R- 4 (Multiple) to R-3 (Townhouse). All approved in favor. Member Frank moved to recommend approval of a Preliminary Subdivision (Royal Oak Circle 4th Addition) for 22 lots (removing one building/three units subject to the conditions in the staff report except condition 7). In response to Chairman Miller's inquiry, City Attorney Dougherty stated that it is permissible to approve all or a portion of a subdivision application, but with the deletion of one building, the layout of the plat is unknown to the Commission. City Attorney Dougherty added that it would be permissible with the applicant's consent for the reduction. Mr. Wilkinson stated that the applicant would agree to a recommendation by the Advisory Planning Commission to the City Council to delete Lots 22, 23 and 24 and leave that area as open green space. Mr. Wilkinson stated the applicant would go forward to City Council with that proposed revised plat. Chairman Miller advised that action by City Council on the proposed rezoning and subdivision does not preclude the City to purchase the land for park purposes prior to its development. Member Segal moved, Member Schindle seconded, a motion to recommend approval of a Preliminary Subdivision (Royal Oak Circle 4th Addition) consisting of 22 lots, with Lot 22 being Outlot 22 under the Association control and used as common open la( Page 5 April 23, 1996 ADVISORY PLANNING CObWSSION space for 21 townhome units on 3.52 acres located on the west side of Federal Drive, just north of the existing Royal Oaks Circle Apartments in the NEV4 of Section 16, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, C1, C2, C4, D1, E1, F1, Gl and H1. 2. The property shall be platted. 3. All trash recycling containers shall be stored within individual garages. 4. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 5. The developer shall submit detailed plans and specifications with the final grading plans for the construction of retaining walls. 6. The four private drives taking access from the existing Royal Oak Circle private drive shall be constructed with concrete curb and gutter. 7. The developer shall dedicate ingress -egress easement to the City covering the proposed access drive and turnaround -staging area for the well and pumphouse. 8. The developer shall submit documentation that provides the subject site an . ingress/egress easement to utilize the existing Royal Oak Circle private drive. 9. The developer shall provide Tree Protective Measures to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of all significant trees/woodlands to be preserved. 10. The developer contact City Forestry Division at least five days prior to any site grading. 11. The subdivision shall be subject to a cash park and trail dedication. All approved in favor, except Chairman Miller opposed. l9a- 612 432 3780 SENT BY: 5- 2-96 : 4:38PM : SEVERSON SHELDON 681 4694:# 2/ 4 Page 10 March 26,19% ADVISORY PLANNING CONNUSSION REZONING & PRELIMINARY SUBDIVISION PRINCIPLE CONST. INC. Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 3.52 acres (Lots 1, 2, 3 and 4, Royal Oak Circle 2nd Addition) from R-4 (Multiple) to R-3 (Townhouse) and a Preliminary Subdivision (Royal Oak Circle 4th Addition) consisting of 3.52 acres and 24 townhome units located on the west side of Federal Drive, south of Yankee Doodle Road, in the NEIA of Section 16. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated March 14, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the proposed rezoning and preliminary subdivision. Tom Wilkinson, a representative of the applicant, Principle Const. Inc., stated that the proposed development blends and is compatible with the surrounding area. Mr. Wilkinson further noted that the proposed development reduces the density which was approved previously for the Royal Oak Circle apartment development which was never developed. Mr. Wilkinson stated that the applicant has two concerns regarding the conditions of the preliminary subdivision approval. With respect to Condition No. 6, he inquired with staff as to the exact ineaning of "curb and gutter". Development Design Engineer John Gorder explained that "curb and gutter" means the applicant will be required to provide concrete curbing with concrete butters, not the half-moon asphalt curbing. Secondly, Mr. Wilkinson stated that the applicant objects to Condition No. 7 which requires the applicant to install surface improvements for the access drive and turn- around area for the City's pump house. Mr. Wilkinson further noted that he did not believe that because the area was a permanent easement that the applicant could do any improvements to that area. Development Design Engineer John Gorder stated that the permanent easement for the pump house is located on the applicant's property. Mr. Gorder further noted that the applicant's preliminary plaits showed a turn around and that the City is merely asking the applicant to move that area 30 feet and improve it which is currently a dirt area. Mr. Wilkinson stated that he does not understand why they have to install asphalt and curb and gutter for an area exclusively used by the City on the applicant's property. Member Segal stated that he agrees with the applicant that it should not have to pay for improving the easement area if it is for the City's sole use. Finally, Mr. Wilkinson stated that the applicant's concern with regard to Condition No. 12, stating that it is their belief that the cash park and trail dedication has been paid with the previous approval and should not assessed again. In response, City Attorney IF05 SEN7 BY 612 432 3760 5- 2-96 ; 4:39PM ; SEVERSO;N' SHELDON'681 4694:# 3/ 4 Page I I March 26.1996 ADVISORY PLANNING COMNaSSION Dougherty stated that water quality and trail dedication was not in place at the time of the previous approval and therefore could not have been previously paid. Mr. Dougherty further stated that park cash dedication is collected only on platted lots and blocks. Senior Planner Ridley stated that the property was ultimately platted as three lots and therefore the park dedication could have been previously collected. Mr. Ridley noted that the City will look into that issue. A resident frorn Surrey Heights development stated that the Surrey Heights residents are concerned of the high density of the proposed development compared to the surrounding area. He further stated that the residents are concerned that because the proposed development has no play area, the Surrey Heights play area will be used by non-residents. The resident further stated that the proposal appears to lack guest parking and therefore is concerned that there may be parking overflow into the Surrey Heights development as well. The resident also inquired as to why the site, which was a tax - forfeited property, was not offered to the City for park use which could be adjoined with the adjacent parkland. Another resident from the Surrey Heights development stated that he was advised by a member of the City Parks Department that the property to the west of the subject site cannot be developed until the property to the south of:• -that site is developed to determine its access. He stated that the land is free to Eagan as a tax -forfeited property and to use the land as park property would meet a need for the City. The residents stated that he requests that the application be postponed until the City has a chance to examine the issue of whether it desires the property for park purposes. In response to Member Segal's inquiry, Senior Planner Ridley stated that Outlot H, located to the west of the subject property, is currently property owned by the City but plans for its use are unknown at this time. In response to Member Richard's inquiry, City Attorney Dougherty stated that the City does not purchase tax forfeited land but it may be acquired by the City for public use with application to the state. Mr. Wilkinson stated that the proposed development does not propose a play area because that 60 to 70% of the target residents are retirement age and there is no need for the play area. Senior Planner Ridley further stated that the staff is satisfied with the proposed parking and in fact the proposed development exceeds the Code requirements_ Member Frank stated that he disagrees with Condition No. 7 which requires the applicant to pave the pump house drive if that drive is not going to adjoin access for the City and the development. Frank stated that if it is for the City's sole use, then the City should improve it. The Commission members concurred that Condition No. 7 be removed as a condition. In response to Chairman Miller's inquiry, Director of Parks and Recreation, Ken Vra.a stated that the Park Department may be interested in the proposed 612 432 3780 5- 2-96 : 4:40PM : SEVERSON SHELDON 681 4694:# 4/ 4 Page 12 March 26, 1996 ADVISORY PLANNING COMMISSION site for park use and would like to examine that issue. He stated that while the notices of tax -forfeited parcels are circulated through the Park Department, he does not recall seeing a notice for the subject site. Chairman Miller suggested that this item be continued for 30 days to give the City an opportunity to look into the issue of whether the site should be obtained for park purposes. Member Segal stated that the proposed development may be too dense and overcrowding for the site and would suggest denial of the application until the City can examine the feasibility of acquiring the property for park purposes. Member Segal moved, Member Heyl seconded, a motion to deny a Rezoning of 3.52 acres (Lots 1, 2, 3 and 4, Royal Oak Circle 2nd Addition) from R-4 (Multiple) to R- 3 (Townhouse). in response to Member Frank's inquiry, Senior Planner Ridley stated that the Park Committec and City staff reviewed this application for this site. Member Frank, therefore, stated because the Park Department had an opportunity to examine the issue, it would oppose denial of the application for the purpose of giving the City opportunity to reexamine that issue. Mr. Wilkinson stated that he is not opposed to working with City staff but that he spoke with the Park Department about park use of the site and was told that the City was not interested. Mr. Wilkinson added that this issue was addressed at the APRNRC meeting a week before the APC meeting. W. Wilkinson stated, however, that he would agree to continue his application until the April APC meeting for City Council consideration in May. Member Segal withdrew his motion to recommend denial and moved that the public hearing be continucd and the rezoning and subdivision request scheduled for the April APC meeting at the applicant's request and Member Heyl seconded that motion. All approved in favor. _ city of eagan TO: MARK MILLER, CHAIR ADVISORY PLANNING COMMISSION MEMBERS FROM: MIKE RIDLEY, SENIOR PLANNER DATE: APRIL 19,1996 SUBJECT: ROYAL OAK CIRCLE 4TH ADDITION MEMO At the March 26, 1996 APC meeting, Principle Construction, applicant for the Royal Oak Circle 4th Addition townhouse development project, agreed to a continuance of the public hearing for the subdivision and rezoning request. In response to the Advisory Planning Commission's request that City staff review the 3.5 acre tax forfeit site to determine its suitability for possible park acquisition and development, Ken Vraa, Director of Parks and Recreation, has prepared the attached memo for your review. On April 15, the Advisory Parks, Recreation, and Natural Resources Commission discussed the 3.5 acre Royal Oak Circle parcel, and recommended that the City pursue acquisition of this property for park land with the condition that no development is to occur until development plans are considered for the existing 6.3 acre piece of park land currently owned by the City. If you have any questions, please contact me at 681-4689. Senior Planner LaM attach. M G f � r _ city of eagan MEMO DATE: APRIL 11, 1996 TO: MIKE RIDLEY, SENIOR PLANNER FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: TAX FORFEIT PROPERTY ISSUE The Advisory Planning Commission has asked City staff to review a 3.52 acre site, which has gone tax forfeit, to determine it's suitability for possible park acquisition and development. ,12ACKGROUND At the March Advisory Planning Commission meeting, the Commission deferred action on a request for rezoning and subdivision for Principle Construction, Inc. for a 3.52 acre parcel immediately north of Red Oak Circle, west of Federal Drive and south of the Surry Heights development. DESCRIPTION The parcel is approximately 130 feet in width (north - south dimension) and 640 feet in length. Primary access to the property is from Red Oak Circle, which is a private road. Limited public access is available from Federal Drive on the east border of the subject parcel. Abutting the west border of this parcel is a 6.3 acre parcel which the City acquired as tax forfeit in 1991. it was intended that the 6.3 acre parcel would be a supplemental park to Sky Hill Park, which is the neighborhood park for this Park Service District. The topography which separates the park parcel and the subject parcel ranges between a 2:1 and 3:1 slope, which is generally considered non -traversable by most able bodied people. The subject parcel had been graded at some point, probably with the original Royal Oaks Circle 1st Addition, and has been left in an unmanageable condition with large 'pies" of soil. There is an obvious lack of top soil, consequently, there is limited vegetation or tree cover. A number of mature trees border the north property line. ISTO_ _Y The City acquired the 6.3 acre parcel in response to a neighborhood request for park. The Advisory Parks, Recreation and Natural Resources Commission reviewed four option sires available at that time and the City was able to acquire the tax forfeit parcel because k best met future needs. The subject parcel was also tax forfeit, but was not reviewed as a possible park site because it was substantially smaller then other sites and did not meet the general requirements for the neighborhood needs. STAFF ANALYSIS FOR PARKS PURPOSES The Eagan Parks Master Pian has long held that "mini parks' should not be incorporated into the system and only on rare occasions where separation of residents, as a result of a major road, creates isolated neighborhoods. The subject parcel has limitations for active park use because of the long, lineal dimension of the property which is not conducive to most park facilities. Because of the steep topography that separates the existing park parcel from this one, there is little opportunity to integrate the two parcels as one. If the Inking of the two sites were to be accomplished, it would be at an inordinately high expense and would like still have significant restrictions for most people. For example, a trail could be constructed by doing some significant grading, but there would still be significant grades to overcome. The space could be used for installation of playground equipment, however, three small play units currently exist on adjoining property. Sury Heights also has two tennis courts and a hard court while Royal Oaks has one of the small play structures adjacent to its dubroom and small outdoor pool. As a result of the previous grading to the site, developing the subject property, even for a playground, would be expensive. Importation of top soil would also be required in order to establish suitable turf. Development as a "play field", an open but maintained grassy field, is possible. Cost is likely to be between $15,000 - 25,000. This would replicate the purpose of the 6.3 acre parcel already acquired. Acquisition of the property would mean that the new owner would have access to the property from the private road. However, it is staffs understanding that there would be an annual fee paid to a management association, used for future upkeep of the street. This would be an ongoing expense in addition to the annual maintenance costs. Staff has reviewed this parcel for some "special use" activities such as tennis courts, basketball courts, horseshoes, etc. but can find little justification for these facilities at this location. Obviously, cost for development and long term maintenance is a concern. Because this report has not developed s specific plan, it is not possible to comment on this issue with any high degree of reliability. it would be safe to .assume that similar facilities would probably be cheaper to construct in the current parcel rather than on the subject parcel because of site limitations. Annual maintenance costs would vary depending upon any final plan. A final alternative is to secure the subject parcel for use as "open space". Generally, open space is acquired because it has some significant natural resource base that makes the parcel worth holding, i.e. unique wetland, hardwood forest, ora special habitat. This is not the case with the subject parcel as it now exists. If efforts were made to recapture this property and create a prairie, staff is projecting a cost of between $20,000 and $30,000 to develop. This would.have the affect of reducing long term maintenance costs. SUMMARY The parcel for motive facilities has significant limitations for development opportunities besides duplicating the reason for the acquisition of the 6.3 acre parcel. Development as an open play field or an "open space", i.e. prairie habitat, could be considered. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 14, 1996 APPLICANT: Principle Construction, Inc. PROPERTY OWNER: Dakota County CASE #: 16 -PP -3-2-96 HEARING DATE: March 26, 1996 PREPARED BY: Mike Ridley REQUEST: Rezoning, Preliminary Subdivision (Royal Oak Circle 4th Addition) LOCATION: 3515 Federal Drive COMPREHENSIVE PLAN: D -M, Mixed Residential (6-12 units/acre) ZONING: R-4, Multiple SJUMMARY OF REQUEST Principle Construction, Inc. is requesting approval of a Rezoning of 3.52 acres from R-4, Multiple to R-3, Townhouse and a Preliminary Subdivision consisting of 25 lots for 24 townhouse units on the same 3.52 acres located on the west side of Federal Drive just north of the existing Royal Oak Circle apartments in the NE 1/4 of Section 16. EJTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. Tbat the site physically is suitable for the proposed density of the development. Planning Report - Royal Oak Circle 4th Addition March 26, 1996 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of.the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). L 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. BACKGROUND/HISTORY The 3.52 acre area was originally platted as three outlots in 1985 as part of the Royal Oaks Circle Ist Addition. The site was ultimately platted as Lots 1-4, Block 1, Royal Oak Circle 2nd Addition which was recorded by Dakota County in 1986. The Royal Oak Circle apartment development plan provided for 297 apartment units on 21 acres. The subject site was approved for three two-story apartment buildings containing 22 units per building. The 3.52 acre portion of the site was graded to accommodate the three buildings; however, this area never developed. A 6.3 acre parcel, designated to remain undeveloped open space, platted as Outlot H, Royal Oak (70 Planning Report - Royal Oak Circle 4th Addition March 26, 1996 Page 3 Circle lst Addition and the 3.52 acre subject site were allowed to go tax forfeit by the Royal Oak Circle Partnership. The 6.3 acre parcel was included in the density calculations for the entire Royal Oak Circle development (297 units/21 acres) which had an overall density of 14.14 units per acre. The tax forfeiture of the 6.3 acres removed this area from the overall site which results in 297 approved units on 14.7 acres or a density of 20.2 units per acre. The result of the tax forfeitures is that there are 231 Royal Oak Circle apartment units existing on 11.2 acres which corresponds to a site density of 20.6 units per acre. This density is higher than the density approved back in 1985. The City (Parks & Recreation) acquired the 6.3 acre parcel (Outlot H) from tax forfeiture and Dakota County controls the subject site. EXISTING CONDITIONS The site has been graded and cleared with the exception of an embankment along the north property line. The area on top of the embankment is approximately 25 feet wide and contains a variety of trees that provide an excellent visual buffer between the subject site and the existing Surrey Heights townhouse development to the north. ' The Royal Oak apartment buildings and the Surrey Heights townhomes both wood exteriors. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Suny Heights Townhomes; zoned R-4; and designated D -III. South - Royal Oak apartments; zoned R-4; and designated D -III. East - Rassmussen Bus. College; zoned LB; and designated Central Area/LB (CA -LB). West - Vacant City owned land; zoned R4; and designated D -M. EVALUATION OF REQUEST CoMatibilily with Surrounding Area - The subject site consists of a narrow strip of land located between three apartment buildings and the less dense Surry Heights townhomes. In comparison to three two-story apartment buildings approved for this site, the single level townhouse proposal will have little visual impact to the north or south and the proposal reduces the density by almost 2/3. Density - The proposed 24 unit townhouse development on 3.52 acres results in a density of 6.8 units per acre which is consistent with the requested rezoning to R-3 (7.2 u/ac max.) and at the low end of the existing Guide Plan designation of D -M, Mixed Residential (6-12 u/ac). (I ( Planning Report - Royal Oak Circle 4th Addition March 26, 1996 Page 4 L= - The proposed preliminary subdivision provides 24 townhome lots and one lot that encompasses the common open space surrounding all of the units. Setbacks - All R-3 setbacks are met and required building setbacks from Federal Drive and the internal private drive are also met. Parking - R-3 parking requirements of two spaces per unit (one of which must be enclosed) are exceeded because each unit will have an attached two -car garage. Including each two -car garage and the two spaces on the drive in front of each garage, each unit will have four parking spaces. Landscaping - The Landscape plan is acceptable. The plan incorporates eight existing ash trees that will be transplanted along the south edge of the site and the developer proposes to stay out of the 25' wide embankment along the north property line. This area consists of an approximately 18,000 SF of significant woodland that is made up of a variety of upland deciduous tree species that provide an excellent physical and visual buffer for the existing development to the north. Architecture - The developer is proposing single -story units that include three bedrooms and two baths. The exterior proposed is vinyl siding with aluminurrr"soffits and an asphalt shingled roof. The front side of each building will have a brick exterior base covering 1/3 of the elevation. Trash/Recycling - All trash and recycling containers should be stored within individual garages. Home Owner's Association - The developer should be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association should be recorded with the plat. Grading/Wetlands - The preliminary grading plan is acceptable. A majority of the site was graded with the previous Royal Oak Circle apartment development and is generally open with the exception of the northern edge of the site which contains some significant woodlands. The site generally slopes from north to south and lies approximately 3 to 7 feet in elevation below the Surrey Heights Addition to the north. A minimal amount of grading will be required to prepare the site for the proposed construction. The preliminary grading plan shows construction of retaining walls along the north edge of the development to accommodate the difference in site elevation. The developer should submit detailed plans and specifications with the final grading plans for the construction of the retaining walls. There are no wetlands on this site. Planning Report - Royal Oak Circle 4th Addition March 26, 1996 Page S Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. A storm sewer system was constructed with the previous Royal Oak apartment development to accommodate storm water runoff' from the subject site. This existing storm sewer drains to the southwest to Pond CP -1, classified as a Class S Nutrient Trap in the City Water Quality Management Plan(1990). No additional storm sewer construction is needed to serve this development. Because of the small size of this development and the absence of downstream recreational water bodies, the Advisory Park, Recreation, and Natural Resource Commission (APRNRC) is recommending a cash water quality dedication. Litiliti - The preliminary utility plan is acceptable. Sanitary sewer and water main services were previously stubbed to the site. The proposed townhouse development will not utilize the existing stubs because they are not properly sized or in a convenient location for connection with the proposed townhouse layout. Therefore, the developer is proposing to construct new lateral sanitary sewer lines with services for each of the individual lots. These new sanitary sewer lines are proposed to be extended from the existing sanitary sewer in Royal Oak Circle to the north ends of each of the four proposed access drives. The water main previously stubbed to the site can be conveniently connected to the proposed development. The water main stubs are also proposed to be extended to the north ends of each of the four access drives with individual services for each lot. Access/Street Design - With minor modifications, the access plan is acceptable. The developer is proposing access to the site via the existing Royal Oak Circle private drive. The preliminary site plan shows four private drives, serving 6 units each, taking access from the existing Royal Oak Circle private drive that was constructed with Royal Oak lst Addition. The individual private drives are proposed to be constructed with concrete curb and gutter. City maintenance personnel gain access through the site to a City well and pumphouse just west of the proposed development from Royal Oak Circle. The access drive and area around the well and pumphouse is currently unimproved beyond the curb cut on Royal Oak Circle. The developer is proposing to reconfigure and improve this turnaround -staging area (with bituminous surfacing and concrete curb and gutter) to accommodate maintenance operations. The dimensions of the proposed turnaround -staging area shown on the site plan are adequate for City maintenance operations; however, the turnaround -staging area should be shifted approximately 30 feet north of the location shown on the preliminary site plan. Easemen-W-Rights of Wav/Permits - The developer should dedicate ingress -egress easement to the City covering the proposed access drive and turnaround -staging area for the well and pumphouse. The developer should also submit documentation that provides the subject site an 1 3 Planning Report - Royal Oak Circle 4th Addition March 26, 1996 Page 6 ingresslegress easement to utilize the existing Royal Oak Circle private drive. Tree Preservation - The Tree Preservation Plan submitted is acceptable. The APRNRC is recommending that the developer provide Tree Protective Measures to be installed at the Drip Line or at the perimeter of the Critical Root Zone; whichever is greater, of all significant trees/woodlands to be preserved and that the developer contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation - The APRNRC is recommending a cash park and trail dedication. SUMMARY/CONCLUSION The proposal appears compatible with the existing development in the area. As proposed, the townhouse development will reduce the number of units on this 3.52 acres from the approved 66 apartment units to 24 townhouse units. The proposed development should have little impact on the existing development around this site because the developer is proposing to maintain the existing woodlands along the north property line and the finished grade of the single level units will be approximately six feet below that of the existing townhomes to the north. un To recommend approval/denial of a Rezoning of 3.52 acres from R-4 to R-3. and To recommend approval/denial of a Preliminary Subdivision consisting of 25 lots on 3.52 acres. Approval subject to the following conditions. Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, C1, C2, C4, D1, E1, F1, GI, and H1. 2. The property shall be platted. 3. All trash and recycling containers shall be stored within individual garages. 4. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents should be submitted Planning Report - Royal Oak Circle 4th Addition March 26, 1996 Page 7 and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. S. The developer shall submit detailed plans and specifications with the final grading plans for the construction of retaining walls. 6. The four private drives taking access from the existing Royal Oak Circle private drive shall be constructed with concrete curb and gutter. 7. The developer shall construct the improved access drive and turnaround -staging area adjacent to the existing well and pumphouse approximately 30 feet north of the location shown on the preliminary site plan. B. The developer shall dedicate ingress -egress easement to the City covering the proposed access drive and turnaround -staging area for the well and pumphouse. 9. The developer shall also submit documentation that provides the subject site an ingress/egress easement to utilize the existing Royal Oak Circle private drive. 10. The developer shall provide Tree Protective Measures to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of all significant trees/woodlands to be preserved. 11. The developer contact the City Forestry Division at least five days prior to any site grading. 12. The subdivision shall be subject to a cash park and trail dedication. (qr STANDARD CONDITIONS OF PLAT APPROVAL A. financialObligations 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 -Wad 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. Flans and Scecifications 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. I 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. l�G 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. fublic 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. Eermits 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. Earks 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. YIqLer_QuaIltV 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 I. 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 LT9#5 STANOM.CON City Council e tember 1 987 Revised:July 01 0 Revised: February 993 FINANCIAL OBLIGATION - Royal Oak Circle 4th The parcels proposed for platting into Royal Oak Circle 4th Addition currently have tax forfeit status. The City and the County wrote off 5112,282 of assessments on the properties. The above amount will be collected either from the County from the sale of the land or as a connection charge in an amount equal to the difference between $112,282 and the proceeds of the tax forfeit We. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None so I , AOOw. •hW RO! „ERV(N RD. W rOWE� 1D• • �� a3' rSl - - - - t PA f _, f T ST. 8I, �q IUFT 0127PARK _L _ _ TTS' YANKEE DOODLE ROAD WATER I I I r rVY 10 OR TWA �� *9 FACUTY + I Ts I ' CITY 1 MAINT. FACLITY AL. r PALM DAKDUCir R ILLI 17 _ 1 I A � •�"�-` " r � N. g � � o�Es H i 'I �OYE 7r,4` +cam+✓ �(�; �y\ T� / IhISI"/ �, �v�sr. clit ROAD A 0 _ISH P R K - 3LvER MAL woe Z,��'I 1' ti Y �� I BLA12 MAWK E, f ?�� �• �+� SARK 52KWA VEN "R i �". o I i�/ ��/��.� �r r •.�. 071.,_ ®a _ 7 T [, SA '� rl .Y .� '. �1 �,� AS�a�r { DR _ �! Its, oeerRwoc� �-1 . , ARNELIAN �l PARK rr i. �noow� x DErw ��?joDIFFF4. I WDOWLAM PT.' CA �11' L-CDOA—TIC)N / tl?9 i'� ,rf11,.1 .. �I. t � f � ,•� p ,� Il I fl , 1;!.i t ice AY AffaA I •{ to 11 11 `►� r'AP Al ..�J^% 4 �i Its Toll .19 L` AREA f ! r r--• f IIII I I a FAtrJ' a h : '11 I rI - _ � •� � '�1 I � rrrr -r�r •� s 1K 911C�i ,I OX/L t = J' _ _ _ I i� 11 0 PARK .c 'y¢ ' I !I III I. , II, 11 ' 7- I f r i II 1'I Jultuf � ^^ _ ' . II 3 If 11 N ARKLJr t� I t ;►w :n ' � i u I! t , } � ` 1. �� •`• ; b •L .� r IL ,• � •� / •+ — _ 14 A I I - A .....,ovusw .. , 7A(/7747.9 I mu 'ON! 1SN0O 37dONl&d —, LKV MZtLM' ZZWXSOW I I I _ I I rj in R blot bi c x o 2 u � C• L: W US W r 2 U' 1 N If J < O C C @ U mu 'ON! 1SN0O 37dONl&d —, LKV MZtLM' ZZWXSOW I I I _ I I rj in R blot bi W O 2 O _J' 5 m IK �� �t�wt n�oawm■owms qnrp �� Y �� i• P■Y� rw ■w w ■■% •99!1 e pis rr"wltMMOM 1169� Iw+�oot 1SN03 37dlDNl&d : 1 c C G; t c= �i LA LU CA (50 709A F M Ir t•� �W 1 %mom I mm u mu 1SAAOO 37d/ON/&d HQF (v'$i 1 � t.. E3 I I I -• ii LJ L C, G r— I r� C LLJ MtOH1 @YI 14.1 flNf �0 wn+r �i � kbk�>:tkrlsrr:krkr4.kt4�i�kkbr►��y F .�.$.�.MttlRRMQRRRfRiit tRRRsR tit I � I = v: Y: f7 r L I % .. 49 N E3 /fl >ROY USNOO ndPJNlad 'f stvamtw &rLS o ,�i a IE. qM 1 � 1 I z Ic g icc c L fi 2 8 a m 0 co o: Q, c%r of M :u U U February 18, 1996 City of Eagan 3830 Pilot Knob Rd. Eagan, Mn. 55 122 Principle Construction, Inc. P.O. Box 723 Forest bake, Mn. 55025 464-6891 Mike Ridley: J Principle Construction Inc. is requesting a change of zoning from R-4 to'PD and repiatting from apartments to townhomes on lots 1, 2 8t 3 Block 1 Royal Oaks 2n&Addition. This request is in conjunction with our plans to build 24 townhomes on these three lots that were originally set to hold throe 22 unit apartment buildings. The 66 units of apartment housing were to be 2 bedroom and 2 bedroom with den, 2 bath with underground parking. This property is surrounded by Surrey Heights townhomes to the north; Business zoning (Ram, son Business College, Office buildings, Daycare ) to the East; Apartments ( Royal Oaks ) and townhomes ( Villas of Violet DL) to the South, and vacant land owned by the City of Eagan to the West. We would like to reduce the density from 66 units of apartment housing to 24 units of townhomes. The townhomes would be 3 bedroom with 2 bath and a double car attached Sm -W. In order to accomadate the property zoning from R- 4 to PD, we have enclosed a site plan that shows how our 24 units oftownhomes are layed out on the property. In conjunction with rezoning we would like to plat the property for 24 townhomes. Our plans are to build 24 units oftownhomes on the site that are one level. Our townhomes will be less imposing than the two story apartment buildings currently planned for this site. Our townhomes will be built three units to a building with a total of eight buildings. The townhomes will be built on four small cul-de-sacs. There are two parking spaces for guests in front of each townhome double garage. There should be no more impact on the utilities ( sanitary, water, storm ) from these 24 units of townhomes than the 66 units originally planned for this site. h fact this use should be much less of a load on these services. r -i rte-, We have enclosed a sample townhome floor plan that shows three bedroom two bath and attached double garage. Our timing is to receive approval of this site by end of April 1996 and begin our work in May or June and complete the project in1997. We hope we have provided sufficient information, however ifyou need additional information please call. Sincerely, Thomas S. Wilkinson APR 18 1996 April 16, 1996 Mark Miller, Chairman Eagan Advisory Planning Commission 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Miller: This letter is being written on behalf of myself, a 23 year resident of Eagan, and my neighbors who reside in Surrey Heights, a townhome neighborhood to the north of a parcel of land planned for development by Principle Construction Co. This plan was originally submitted to your panel in March and was tabled for further study by the Parks Commission until April 23. During the intervening period, the Parks Advisory Commission met, debated and decided to recommend acquisition of the parcel by the city as part of a future park development. We as citizens of the adjacent land, applaud this decision. We feel the planned development lacks merit for the following reasons: 1. It will increase the density of a city which we feel is close to saturation with new town- houses and apartments. The previous developer obviously felt this way as he chose to let the land go rather than develop his original plan. 2. The proposal by Principle Construction seems to seek as its highest priority as much product to sell as possible with as little attention to quality of life as possible. In the townhome area in which I live, we have lots of walking trails, tot lots, two tennis courts, a swimming pool and a basketball court. The proposal as planned has none of these and even lacks any guest parking. 3. We at Surrey Heights, as a result of the amenities we have, coupled with the dearth of any open play land or park land easily accessible to citizens in the area, suffer alarming rates of trespassing and illegal use of our facilities without adding additional population. This situation will inevitably continue to erode if 24 additional family units are constructed on our Southern border. In view of the above considerations, we strongly urge you and your commission to: a. Accept the Park Commission recommendation to acquire this land (at no cost to the city) and b. Reject the planned development of Principle Construction Co. In conclusion, we thank you for your long hours of service to the city. No one really knows how much time and energy it takes to do your job. We just feel that the qualities of our city which attracted us here in the first place must to some degree be maintained. Obviously development is part of progress, but does every square inch of Eagan have to be developed? We feel this planned development tips the scale away from progress and makes a regressive step in the wrong direction. Aidcerely, George tasiliou 1518 Woodview West Eagan, MN 55122 RECEIVED APR 1 " 1996 Planning Commission City of Eagan Municiple Center Eagan City Hall Fagan, MN 55121 April 17, 1996 Dear Commissioners: I am writing to express my support for Lots 1, 2, 3, and 4: Royal Oaks Circle 2nd Addition becoming a part of the Eagan Parks system and to request that the Planning Commission deny the proposal of Principle Construction to build townhouses on that land. As Eagan grows rapidly, the decisions of how to use undeveloped land must be made for the good of Eagan as a whole. Having the land acquired by Parks Board allows for either open space or recreational facilities. Both are badly needed by the residents in the Surrey Heights and Royal Oaks neighborhood. The recommendation of the Parks Board on April 15, 1996 to acquire the land for park is for the good of Eagan. The addition of townhouses, packed as densely as is proposed by Principle Construction, will not benefit Eagan. Instead, a myriad of problems will accompany the new townhouses. The proposal shows little to no recreational space, leaving Surrey Heights an attraction for any children residing in these homes. The proposal calls for sharing the narrow Royal Oaks road with Royal Oaks residents. This sharing, coupled with limited guest parking, will add to congestion in the neighborhood. In addition, the local elementary school can ill afford to absorb additional students. Please do what will benefit Eagan as a whole. Support the recommendation of the Parks Board and deny the application of Principle Construction. Sincerely, ! f, '%-%�5 vCi '.X'50 �t LLiV ata r- KELLER PROPERTY !'MAINTENANCE MANAGEMENT CO. 'Yankee Square Office II" 3470 Washington Drive, Suite 116 • Eagan, MN 55122 • (612) 452-9532 RUSSELL L. KELLER, JR. Owner App 19, 1996 Eagan City Council Advisory Planning Commission 3830 Pilot Knob Rd Eagan, MN 55122 Dear Sus: Pm writing as the property manager of Surrey Heights Home Association. It is the view of Keller Property Maintenance Matragement that the property South of Surrey Heights (Signey Enterprises, Inc.) that is being considered for either a playground or a townhome development, would much better serve Surrey Heights if it were turned into a playground. Surrey Heights has a sunning pool, tennis courts, and basketball backstop. Many of the children that live in the apartments find it convenient for Surrey Heights Homes Association to be. a playground. They out through the property on Woodview East and umetimes cause vandalism. I strongly summi that you consider malting this arca a playground for the bcnalit of the 168 farmlies that live at Surrey Heights Home Association. Thank you for your considcradon in this request. Sincerely, Keller Property Msintenaace Management Co. Russell L Keller, Jr hwa ty Merge ec. Surrey Heights Board of Dirwtors L C � I V E kp.Mcl APR 3-0 1996 ---------------- Serving with integrity qua Gusto rs (John 3:16) Agenda Information Memo May 7,1996 Eagan City Council Meeting D. 1 _. V_ GUIDE PLAN AMENDMENT (MCKEE ADDITIOM CITY OF EAGAN ACTION TO BE CONSIDERED To approve or deny a Comprehensive Guide Plan Amendment for McKee Addition, McKee Second Addition, and McKee Third Addition changing the designation from IND (Industrial) to D-1 single family residential subject to the four policies enumerated in Section 11 of the planning report. FACTS The McKee neighborhood was developed as single family housing in the 1950s. The property was zoned Residential since it was subdivided at the time of initial development. Presently, the property is zoned R-1, single family residential. When the City's first Comprehensive Guide Plan and map were prepared in 1974, this neighborhood was designated as IND (Industrial) and remains guided as such in the current Guide Plan Land Use Map. Recent changes in the State Statute regarding consistency between zoning and Comprehensive Plan designations have resulted in the reexamination of the appropriateness of the IND designation for the McKee Addition. Recent public investment through the Part 150 Sound Insulation Program and the contribution to the City's affordable housing stock provided by the McKee Addition indicate that redevelopment of this area is far into the future and potentially may never be redeveloped. At the April 23, 1996 APC meeting, the Commission held a public hearing regarding this amendment and recommended approval subject to the four policies enumerated on pages six and seven of the planning report. ISSUES The McKee Addition is situated on the Metropolitan Council Airport Noise Contour Zones III and IV. The area remains within the Airport Noise Impact Area as defined by the draft Environmental Impact Statement for the expansion of the airport. As such, aircraft noise is, and will remain a significant factor in the natural environment of the neighborhood. Because of the regional significance of this area with regard to one of the metropolitan systems, the Metropolitan Council is likely to be concerned about this Comprehensive Plan change. Four policies are proposed to address these potential concerns. These policies address noise attenuation standards for remodeling in the McKee Addition, noise attenuation construction ordinance for all residential areas within the noise zones, placing notice on the titles within the McKee Addition and long-term redevelopment policies. a ( BACKGROUND/ATTACHMENTS (2) APC minutes of April 23, 1996, page t Staff report, pages .'Zhrough� Page 6 April 23, 1996 ADVISORY PLANNING CONMISSION COMPREHENSIVE GUIDE PLAN AMENDMENT CITY OF EAGAN Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use from Industrial (IND) to D -I Single Family (0-3 units/acre) for property legally described as McKee Addition, McKee Second Addition, and McKee Third Addition located on the east side of Lexington Avenue, north of the post office, in the SWI/4 of Section 2. Senior Planner Freese introduced this item. Ms. Freese highlighted the information presented in the City staffs planning report dated March 21, 1996. Ms. Freese noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Freese noted that the main power feed concern is the impact of the airport noise on the McKee neighborhood. Ms. Freese noted the staffs recommended policies to be approved with the comprehensive guide amendment to address this issue. A resident at 1065 Kenneth Street questioned whether if in the next 10 to 20 years the issue of changing the comprehensive guide from something other than residential will come back. City Attorney Dougherty responded that the City's proposal to amend the comprehensive guide plan is to make the neighborhood residential which would be compatible with the current zoning. Member Hey] stated that the McKee neighborhood is a viable neighborhood and that the residents have invested significant money into the homes to address the airport noise impact. Member Heyl moved, Member Burdorf seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment changing the land use from Industrial (IND) to D -I Single Family (0-3 units/acre) for property legally described as McKee Addition, McKee Second Addition, and McKee Third Addition located on the east side of Lexington Avenue, north of the post office, in the SW'/4 of Section 2, subject to the policies which are stated on page 6 and 7 of the planning report. All approved in favor. a�l� PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 1996 APPLICANT: City of Eagan PROPERTY OWNERS: See Exhibit A CASE #: 2 -CG -4-4-96 HEARING DATE: April 23, 1996 PREPARED BY: Lisa J. Freese REQUEST: Comprehensive Guide Plan Amendment from IND to D -I LOCATION: NW Quarter of SW Quarter of Section 2 COMPREHENSIVE PLAN: IND (Industrial) ZONING: R-1, Single Family Residential i At�l_; ' The City of Eagan is proposing a Comprehensive Plan Amendment for the McKee Addition (consisting of McKee Addition, McKee Second Addition and McKee Third Addition) changing the designation of this property from IND (Industrial) to D -I (Single Family Residential, 0-3 units per acre). The McKee Addition is located in the northwest quarter of the sourthwest quarter of Section 02, south of S.T.H 55 on the east side of Lexingtion Avenue. The McKee Addition consists of 109 lots with 108 existing single family homes and one vacant lot owned by the City of Eagan. 2.0 AUTHORITY FOR REVIEW The City's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. a�� Planning Report McKee Addition April 23,1996 Page 2 The subject neighborhood consists of approximately 40 acres located in the NW quarter of the SW quarter of Section 2 (see Exhibit B). 'The neighborhood is fully -developed with 108 single family homes and one vacant lot that the City of Eagan received as a tax forfeiture parcel. The neighborhood is served by a 6.6 acre neighborhood park on the east side of First Street. Industrial development surrounds the neighborhood to the north, east, and south. To the immediate west of Lexington Avenue, there are four single'famiiy homes on larger lots zoned Ag (Agricultural) and designated IND (Industrial). (See Exhibit C) North/East: ABF Trucking, EZ Air Park, TransX; zoned I-1 & PD, designated -IND South: Multi -tenant industrial building; zoned I-1, designated IND West: Large single family homes on large lots zoned AG, designated IND �-1 I 1 10 01,. 8 &19 fler"A The McKee neighborhood was developed by McKee Trucking as housing for the firm's workers in the 1959s. McKee Trucking hauled new vehicles for the Ford Motor Company. The McKee Addition was platted in 1954, followed by the Second Addition in 1955 and Third Addition in 1956. The property was zoned residential since it was subdivided in the 1950's. Presently, the property is zoned R-1, single family residential. When the City's first comprehensive land use guide plan and map were prepared in 1974, this neighborhood was designated as IND (Industrial) and remained guided as such in the current guide plan land use map. On the east side of the I -35E corridor, the IND designation extends from the south side of S.T.H. 55 to Yankee Doodle east of Lexington and to the US Postal Service Bulk Mail Facility of the west side of Lexington. The rationale for the existing IND land use designation was probably based on several factors: 1) the relationship of this area to the airport noise zones (discussed in Section 9 of the report); 2) the location of this area to the highway system; and 3) the existing industrial uses in the vicinity. The City has always considered its plan to be a vision for the ultimate development scenario of the area, but by the fact that the McKee neighborhood has remained zoned R-1, Single Family Residential, it is an acknowledgement that this area is a viable residential neighborhood. During the 1995 State of Minnesota Legislative Session, the planning statute was modified to require a community to review its comprehensive plan to ensure that its zoning and other official controls are consistent with the plan. If necessary, it requires that the plan must be amended to be consistent with the zoning and other official controls. The legislation encourages communities to make adjustments to its plan, by adding guidelines for timing of zoning changes for properties where zoning- and land use designations are contradictory. The law requires that communities complete this review by Planning Report McKee Addition April 23, 1996 Page 3 December 31,1998. The McKee Addition is one of several areas in the City of Eagan with zoning and land use plan conflicts that need to be addressed by 1998. The McKee addition is fully served by city sewer and water utilities. All but one of the homes are connected to city water service and all homes are served by sanitary sewer. The development has exiting bituminous streets and the neighborhood is scheduled for street reconstruction and stormwater drainage improvements in the 1987 Capital Improvement Program. 1 �IM WWRI FU The neighborhood is served by both Independent School District 196 (Rosemount, Eagan and Apple Valley) and by District 197 (West Saint Paul, ). All homes on the north side of Beatrice Street are in ISD 197 and are within the Pilot Knob Elementary School attendance area. The homes on the south side of Beatrice Street are in ISD 197 and are within the Glacier Hills elementary school attendance area. The redesignation of this land to D -II would not result in any changes to the school enrollment or service requirements. The McKee neighborhood is served by Lexington Park, a 6.6 acre neighborhood park. The existing facilities at the park include: a ballfield, hardcourt, portable mini hockey rink, playground, and tennis court. According to the 1995 Park and Recreation System Plan, no improvements or additions to the facility have been identified as necessary to meet the neighborhood's park and recreational needs. Based on the City's Comprehensive Plan designations, approximately 22 percent (4,688 acres) of the total land area is designated as D-1, Single Family Residential and approximately 12 percent (2558 acres) of the total land area is designated as IND, Industrial. Nearly 1,000 acres of the land designated for IND, Industrial or BP, Business Park is vacant for development, so the City still has suitable land available for further Industrial Development. The McKee neighborhood has always --been zoned for residential, but it was acknowledged in the City's first planning efforts in 1974 that it would be appropriate to consider redevelopment of this area as Industrial. The recent changes in the state statute regarding consistency between zoning and comprehensive plan designations, have lead to the current reexamination of the appropriateness of this long range plan. Generally, it is acceptable to have a Comprehensive Plan with a 20 year time frame and designations should reflect that planning period. Given the recent public investment and Planning Report McKee Addition April 23, 1996 Page 4 commitment to making these homes more suitable through the Part 150 Sound Insulation Program, the homes useful life has been extended. In reality it is not likely that the private market place will facilitate redevelopment of the neighborhood for industrial uses within the next 10 to 20 years, especially since the City still has an ample supply of land suitable for industrial development. Furthermore, it is acknowledged that the McKee neighborhood also provides the community with a significant amount of affordable single family housing. Based on the Dakota County assessed value data for the neighborhood, the average value for the homes in the three additions is just under $84,000. All of the homes are valued within the range considered affordable under the Metropolitan Council Livable Communities Program (homes valued at $115,000 or less). An important element of the City's effort toward affordable ownership is to encourage retention of its existing supply of affordable ownership hosing value though continued support of the HRA housing rehabilitation and FAA sound insulation programs and by improving access to financing for individuals/families interested in purchasing these homes. ' s e' we The McKee neighborhood is situated between the extended parallel runway centerlines at three miles from the runway ends of Minneapolis -St. Paul International Airport. Historically, the neighborhood has received significant levels of aircraft noise. It is located at the boundary between Metropolitan Council Noise Zones III and IV (see Exhibit D). The area remains within the airport noise impact area as defined by the Draft Environmental Impact Statement for the expansion of the airport. As such, aircraft noise is and will remain a significant factor in the natural environment of the neighborhood. If this were not an existing residential neighborhood, a residential land use in this neighborhood would be considered inconsistent in Noise Zone III and conditional in Noise Zone IV. The Metropolitan Council encourages using the following factors in determining whether to approve the provisions relating to uses defined as conditional: 1. Specific nature of the proposed use, including extent of associated outdoor activities. 2. Relationship of proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed uses relative to aircraft flight tracts and aircraft on -ground on - ground operating and maintenance areas. 5. Location, site design and construction restriction to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions.and shielding of outdoor activities. Planning Report McKee Addition April 23, 1996 Page 5 The McKee Addition, however, was constructed about 15 years prior to the adoption of these Metropolitan Council guidelines for land use compatibility with aircraft noise. If this were a proposal to consider a new residential development at this location, it would be incompatible with these guidelines. Significant efforts have been made to retrofit the neighborhood to mitigate for increased airport noise levels. All homes within the McKee Addition are eligible for sound attenuation under the Metropolitan Airports Commission Part 150 Land Use Compatibility Program. This program was initiated in 1990 and the average investment per home has been between $15,000 and $20,000 for the sound attenuation program. Improvements installed as a part of this program included window replacement, central air conditioning and sound insulation. By the end of 1996, all homeowners requesting sound attenuation will have received it. This comprises nearly all of the homeowners in the neighborhood. Since these homes have been improved to a noise attenuation standard through a public investment, any additions, modifications or replacements of these homes in the future should meet the same standards. This will preserve the value of homeowner investinents in the neighborhood and protect the interests of future homeowners. The stability and viability of the neighborhood has been enhanced for current residents through the Part 150 Program noise attenuation improvements. Future residents will benefit from these improvements, but it is also important that they be informed with respect to the impact the property will experience due to the operation and expansion of the airport at its current location. To insure that future residents receive fair and constructive notice of the noise environment, a notice should be placed on all abstracts of title in the neighborhood indicating that the home lies within the Metropolitan Council Airport Noise Zones. 11 $' 1 6, 11 ;_ 1 Community Development Department staff held a public information meeting with the neighborhood on October 5, 1995. The purpose of the meeting was 1)to clarify the zoning and comprehensive plan designations for the properties within the McKee Addition and the immediate area surrounding the McKee Addition and 2)to discuss the options for changing the Comprehensive Plan to reflect the recent public investment in the neighborhood as well as the property owners' long range intentions. The options presented were: OPTION 1. Leave the comprehensive plan land use designation IND (Industrial) but add policies to the plan that would address when redevelopment of the McKee Addition would be appropriate. The main advantage of this option is that it preserves the alternative to redevelop this area industrially at some future date if the property owners desire to sell their land for that Planning Report McKee Addition April 23, 1996 Page 6 purpose. This option does not conflict with Metropolitan Council policy regarding development within the airport noise contours. OPTION 2. Redesignate the McKee Addition to D -I, Single Family Residential in the comprehensive plan consistent with the R-1 zoning district. Policies need to be developed in conjunction with the redesignation to residential in order to make it consistent with the Metropolitan Council Aviation System Plan policies. The Metropolitan Council may have an issue with this change, so the City will need to carefully address the fact that this is an existing situation, not new or additional residential development within the airport noise contours. Residents discussed the two options and generally concluded that their preferred option would be to redesignate the McKee Addition to D -I, Single Family Residential in the Comprehensive Plan (Option 2). 11.0 Proposed Policies It is recognized that this is an existing situation and that if this were vacant land, the IND, Industrial designation would be the most consistent with the airport noise policy contours and surrounding land use. However, the neighborhood is a viable residential area with 108 homes served by a local neighborhood park. Recent public investment through the Part 150 program has increased the viability of these homes. These homes also provide Eagan with affordable family housing. Redesignating the land use from IND, Industrial to D -II, Single Family would be supportive of the public investment and livable community housing goals. The impact of the airport noise on the McKee neighborhood should be acknowledged and the following policies should be considered for inclusion in the comprehensive guide plan and a implementation plan for these policies should be developed. Policy 1: The City of Eagan will enact a Noise Attenuation Construction Ordinance which will apply to all residential areas within the Metropolitan Council Noise Zones. Policy 2: Any additions, modifications or replacements of existing homes within the McKee addition shall use noise abatement designs and construction techniques to achieve an inside noise attenuation level equal to or greater than that of the existing home. If a home has not been sound insulated under the Part 150 Program, additions and modifications must achieve at least a three decibel reduction of indoor noise level. Any replacements must conform with the Metropolitan Council Builders Guide for Noise Attenuation. a�� Planning Report McKee Addition April 23, 1996 Page 7 Policy 3: A notice shall be placed on the titles of all residential properties in the McKee Addition indicating that they lie within the Metropolitan Council Airport Noise Zones. Policy 4: To insure the stability and viability of the McKee Addition, redevelopment of the area will only be permitted in a comprehensive manner such that the entire neighborhood is acquired and redeveloped at the same time or under a phasing plan of reasonable duration to prevent small residual areas of homes to remain among non-residential uses. Any redevelopment shall be consistent with Metropolitan Council's Land Use Compatibility Policy for Noise Zones III and IV and compatible with the surrounding Industrial uses. 11EVINQ I [elm 1113 .13 W4141M) Dial Oki 31 To recommend approval or denial of a Comprehensive Guide Plan Amendment changing the Land Use designation of approximately 40 acres of the McKee Addition from IND, Industrial to D -I, Single Family Residential, subject to the corresponding policies presented in Section 11 of the Planning report. Exhibit A -Owner Ust TAXPIN OLNAME OFNAME 104775013001 RUSSELL TAMARA J 104775012001 SKOGLAND JASON P & SUSAN M 104775014001 CHILCOTT CHERYL E 104775011001 SAUTER ROBERT & HELEN 104775010001 BUCHANAN ALBERT E & SANDRA J 104775009001 STERRENBERG THEODORE H & JOYCE J 104775008001 UNRUH STEVEN N & DOROTHY 104775007001 OTTERNESS ROGER & LUCILLE 104775006001 FREDRICK JUSTIN 104775005001 MACK VIRGIL K 104775004001 KOPP TERRY L 104775003001 PETERSON JAMES A & LINDA O 104775002001 BARLOW CHRISTOPHER A 104775001001 CAMERON JAMES J 104775001001 CAMERON JAMES J 104775015001 BRUNETTE JOSEPH & ANNE 104775014002 PETERKA F E & EVELYN 104775013002 VANBECK MARTIN B & HAITIE A 104775012002 PETERSON JUDY 104775011002 BROWN WAYNE M & TERI 104775010002 SCHIRMER DELORIS A 104775009002 GLEWWE SHARON 104775008002 BLAKEMORE JUNE 104775007002 BRUTGER BARBARA 104775006002 FOWLER JONATHAN A & PAMELA 104775005002 DAVIS ANTHONY & CHRISTINA 104775004002 WARREN KAREN 104775003002 SWENSON DARYL D & ROSE 104775002002 TSCHIDA STEVEN G 104775001002 HOUGHTON GORDON & PEARL 104775015002 TOWNLEY MICHAEL & ELIZABETH 104775016002 LESEMAN WM R & DONNA L 104775018002 WEBB JOHN D & PHYLLIS 104775019002 OURADNIK ANASTASIA 104775020002 BUNTJER . RAYMOND & ROSETTA 104775021002 HUTCHINSON PAUL J & ROBERTA C 104775022002 CHANDI KACY SINGH & RITA M 104775023002 CONLAN TAMMARA K 104775024002 ORIELLY EVERETT & FLORENCE 104775025002 DAVIS CHARLES E & SHIRLEY 104775026002 JOHNSON DONALD E 104775027002 MODERIE DONALD W & JOANN K 104775028002 ANDERSON PAUL D & KIM L 104775029002 LEE DONALD G & CONSTANCE 104775030002 SAMPSON WILLIAM P 104775017002 ANDERSON LORRY R & DIANNE M 104775014003 SEVER J LEROY & JANICE 104775013003 TOBIAS RICHARD W 104775012003 SCHUCH RICHARD P 104775011003 CARRICK RUBY R 104775010003 DAHLBERG LAWRENCE & DOROTHY 104775009003 JOHNSON ELDORA E 104775008003 WICKSTROM DAVID P 104775007003 NESBITT MALISA A & BENJAMIN 104775006003 WHALEN RICHARD P & MARY 104775005003 SANFORD DAVID J 104775004003 CHRISTENSEN JAY R & COLLENE J 104775003003 BURBACK THOMAS H & LINDA K 10477SW2003 COLE TIMOTHY R & LAURA A 104775001003 FISK HEIDI MARY 104775015003 MORRISON LONNIE & SHAWNETTE 104775113001 LINDGREN JUDY A 104775112001 FORMANACK ROBERT & DARLEEN 104775111001 ANDERSON RONALD J & LAURIE 104775110001 RIES NICHOLAS E 104775109001 BRUSOE JOHN L & CAROL J 104775108001 MATRAS PETER J & SARAH L 104775107001 REDERER JEFFREY D 104775106001 JARACZ EMIL & PATRICIA M 104775105001 MEYERS THOMAS A 104775104001 RATLIFF MARY 104775103001 LACROIX VINCENT ALLEN 104775102001 HEIR LYLE R & DONNA M 104775101001 MCMAHON JEFFREY M 104775114001 WARVA KENNETH J 104775111002 MYHRE JUNE M 104775110002 JOHNSON ROLAND K & PAMELA L 104775109002 NITTI MARK & DEBORAH 104775108002 REYMANN JOSEPH A & PATRICIA 104775107002 FLEETHAM DONNA M DUNLOP 104775106002 ZIEGLMEIER ALFRED & LILLIAN 104775105002 BLURTON LARRY R & SHEILA J 104775104002 WESTBROOK MAVIS 104775103002 SCHOELLER RICHARD & SHARON 104775102002 GR4EGER TODD & JULIE 104775101002 DALE MARY SUE 104775112002 PETSCHL ROBERT R 104775210001 CARNEY PATRICK J & KATHLEEN 104775209001 BARR CARLA 104775208001 WAGES JANET 104775207001 SNYDER JON M & LISA K 104775206001 HERME JEFFREY H 104775205001 HELWEGEN DIANE L 104775204001 PELOVSKI VIRGINIA 104775203001 HENKEMEYER BRADLEY T 104775202001 STEELE THOMAS E JR & DIANE 104775201001 DANDURAND MARK A & RITA 104775211001 DRENNEN DELTON P & BONITA J 104775211 DO2 SALONEK THOMAS H 104775210002 LOFGREN DAVID J & BARBARA J 104775209002 MAY MARLYS G 104775208002 YOURCZEK JOSEPH A & BARBARA 104775207002 LEVERCOM BARBARA J & JEFFREY 104775206002 BRAGEE DANIEL E & LYNN E 104775205002 ALINE EDWARD C & MARVA J 104775204002 KEATH ERIC L & KRISTI L 104775203002 ENGEBRETSON LAURENCE 104775202002 GRIMSRUD VERNON O & JOAN R 104775201002 SOM CHANNY & VYRA 104775212002 EAGAN CITY OF air A ROAD EXHIBIT B LOCATION MAP 04;�(.o esu[ e�wn,w 1 a oil Ilie IIHoo W: eIs-IIkY: Iirrr: crr. c rpt I•IJJJJJ77J55J�JJ) rLt.�L1�lICL�L� rrrtrr err f{ �� 1JJJJJ-JA �_J_ - - ry w�a��- tea- -a r LA �Mmm "I—Ai H"—NOM Now—_ t� a rn ► Sk t 1 } t aaaa as as � �+1� f � �� .. •� �\ is it n Cd) � .+ Z � � jj (',� •`,� i � 1 �s .j — (� to P1 I s" L• '` � D _ Si►1 * nim . s ;oil CZ A —� W /J .(��• t � � y� 1 0 •rte 1 �A"�• t J., • tfili a aaa as as 7es 0.5 aaa raa aaa as aaa '• f ,°: 1� • " • 'fl of � +a'♦' >t � _ Pall w — r � s 1�1 ' o1 i! i• a i 1 a Agenda Information Memo May 7, 1996 - Eagan City Council Meeting u KIWI Dili 13 WA 31111123 1 oleo W41,31 310 113 01" ds kIT-11-W 043 11 M ACTION TO BE CONSIDERED To approve/deny the Planned Development Amendment to allow on -sale liquor at the Greenmill Restaurant located on Lot 2, Block 1, Rahncliff 4th Addition. FACTS ► On February 21, 1995, the City Council approved an amendment to the Rahncliff 2nd Addition Preliminary Planned Development to allow a Class I restaurant on Lot 2, Block 1, Rahncliff 4th Addition. The on -sale liquor for the Class I restaurant was not part of the PD Amendment at that time. ► The City Council approved the Final Planned Development and Site Plan for the Greenmill restaurant at their regular meeting on April 16, 1996. ► On April 23, 1996, the Advisory Planning Commission held a public hearing for a Planned Development Amendment to Rahncliff 2nd Addition to allow on -sale liquor at the Greenmill restaurant. There was no testimony heard from the public at the hearing. The Advisory Planning Commission recommended approval of the Planned Development Amendment to the Rahncliff 2nd Addition Planned Development to allow on -sale liquor at the Greenmill restaurant located on Lot 2, Block 1, Rahncliff 4th Addition. The license for on -sale liquor will require a separate action by the City Council and is item "F" under New Business on this meeting's agenda. BACKGROUND/ ATTACHMENTS: (2) APC minutes of Annil 23, 1996, page Staff Report, pageg-.24 Page 7 April 23, 1996 ADVISORY PLANNING CONIlVIISSION PLANNED DEVELOPMENT AMENDMENT TORGERSON PROPERTIES Chairman Miller opened the next public hearing of the evening regarding an Amendment to the Rahncliff 2nd Addition Planned Development to allow the use of liquor on Lot 2, Block 1, Rahncliff 4th Addition located south of Cliff Road, east of Rahnchff Road in the NWl/4 of Section 32. Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated April 8, 1996. Mr. Dorgan noted the background and history and the surrounding uses of the subject property. The applicant, Tom Torgerson, was present and noted that Greenmill Restaurants business is comprised of 80% food sales and only 20% liquor sales. He further noted that the restaurant will contract brewed beers, but no brewing will occur on the premises. Member Burdorf moved, Member Heyl seconded, a motion to recommend approval of an Amendment to the Rahnchff 2nd Addition Planned Development to allow the use of liquor on Lot 2, Block 1, Rahncliff 4th Addition located south of Cliff Road.; east of Rahncliff Road in the NW'/4 of Section 32. All approved in favor. a �o PLANNING REPORT CITY OF EAGAN REPORT DATE: April 8, 1996 APPLICANT: Thomas Torgerson PROPERTY OWNER: Thomas Torgerson REQUEST: Planned Development Amendment LOCATION: 1942 Rahncliff Court CASE #: 32-RZ-9-4-96 HEARING DATE: April 23, 1996 PREPARED BY: Steve Dorgan COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) Thomas Torgerson is requesting approval of a Planned Development Amendment to allow on -sale liquor at the Greenmill Restaurant to be located on Lot 2, Block 1, Rahncliff 4th Addition south of Cliff Road and East of Rahncliff Road in the Northwest 1/4 of Section 31. The Rahncliff 2nd Addition Planned Development was created in 1988 and provided a mixture of commercial uses consisting of 9 lots on 16.8 acres. One amendment to the PD occurred in February of 1995 to allow an addition to the Holiday Inn Express Hotel and a restaurant on Lot 2, Block 1, Rahncliff 4th Addition. An application for Final Planned Development to allow a Greenmill Restaurant on the restaurant site was approved at the April 16, 1996, City Council meeting. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Holiday Inn Express; zoned Planned Development (PD) and guided Commercial Planned Development (CPD) South - Kettle Park; zoned and guided Park (PK) East - I -35E West - Hedlund Engineering (building not complete); zoned Planned Development (PD) and guided Limited Business (LB) Recommend approval/denial of a Planned Development Amendment to allow on -sale liquor at the Greenmill Restaurant located at Lot 2, Block 1, Rahncliff 4th Addition. .y 4000 " - .. ijIRfM + f HLL.S PARK mt 4b 4400 1�1 Nf00f)NA u rA I MVARrox _ CWAGA (89 TU IS.ATE_ •N DEEAwOO1 vST�ay � - � ACONITE TR. COfvT � Y $ Ciq,_ �' �a � \ `. 2� � - � L IF YR. TAMMTE I/I/� � 4�sr� r 8 AAFf�IMI� � � C, A. ICARNMM EWER J6 tel Li . PARK gff$4 �' �cT.y4 EDAR e,�T abC°est " Av e � � ntR• •� � `� PORP C1 , .I I Cfl� ✓ k ~ME ARK MeItA.Yj o sC-. ,s r /t1 641 D ��I 1 t?J -VAIn s•ro. ROAD dy LA. A CT. - - - - - GLORY DR. CT.I NI hl rb ♦q "A C �qf? •A'I: %o �I� - CEDAR RMn a� ` Al PATH WI 4I }1[ ASSAM Ig IPALM -- 18,. 91JOaEY/7 3 CASEY tk i (j .+'ice:• iZ' �� :II1 /a. �r N. w w 1 M � �i M �D IQLpI�• _i{r �� �: OFF BA x FFA I aaa r..ov[ 1 V C C° RAM PARK ✓ �` ICL CFF I$ RD. �/ In�I \ - - C�� CO. RD. 32 CFF ROADA*� �.• w0KIA Ma1GIA ?'�, i MANN WA ,� CS. � AY _ o -f C� CRr r IQTiLF RA1 �-.� ��rT ,p NrU. T. V6l/MAJM Tp ..i� c� Ar � v •CRE � �{ ir �sr� `�, '?� 1 111 � �� I • w 4$0} BANES jams tin �/ � ,----� �� cc 29� "lu CT 1! 31 , - J :_� t" D RDGE PARK —II i / QI / ^`1+ 1 Sljw PT. 12- SALEM PT. �` 111!!! I / /� .. •^ 1 . 2.- ANNE PT. 13•- JACKSTONE PT. cl_�, -•.s /i f �+ E 3.- Lkm PT. 14.- MAROLRS PT. 0.6\ •.- TANA PT 1S.- TRAVERSE PT �' " ^, �^�i y ��':'�• •, pa /\ iq * * S- MOAESTEAp K. Is - SORREL PT �'` /��� / i W •� \.,2, • / �. y E OSAGE PT. 17- MRTA PT. 7.- SNOw9ELL VT. 10.- LISTA PT. r `mow / ` A LAN RD. ��Lt- ..�I N q, O- ME10EN PT 19- MORTEN PT 14 y�/J9 �•' 9.- GRENAOA PT. 20.- STAVERN P*, i • ��� AVE/6 '///� /! I� a► �.► -.' N 10.- YARKNA4 Pt. 2t- K7• ►T. { 11- T %�.r 4� u 6 ' MRUSN PT, LOCATION o 3 I F_ r• t— - 1/ ZL —�—._. e�Yli�:a �rrl :•s .4--er —� r 1*�.�— _AHI—y �=�` :,g6 J �Y 16 WE It Ni - f PARK 1N[�1 RW;l i i �r:1P.ARKINilit � i 6 ::,I1h, �! •[coir--�, �rg------ �I I� i `�` � � a � ` /a ,. +-M f.TrC PARh1N91 PARI. IN",gri J gas .r. 77 I { 11 2 F'ARI�trl�r� //�' *ARK IW 1 OU1L01 F ................. ............................... ..............: / II ►II / 7�/� II IX '00 fs, ,.cps ',.�/ 16 �— --� .,KFEiALol LJ CUURT 21 i ll�1rGbUNDWE �/di l a3.5 a 2 x W _:l e W: z -Z =j s s : , su. W QZ _ UJ a CD Ulm u fit — " ,1 Q - 2 x W _:l e W: z -Z =j s s : , su. W QZ _ UJ a CD Ulm u fit Agenda Information Memo May 7, 1996 Eagan City Council Meeting F. LICENSE, ON -SALE LIQUOR, NEU & TORGERSON, L.L.P. dba GREEN MILL RESTAURANT. RAHNCLIFF COURT ACTION TO BE CONSIDERED: To approve or deny an on -sale liquor license for Neu & Torgerson L.L.P. for the Green Mill Restaurant on Rahncliff Court as presented. FACTS: • An application has been received of David and Thomas Torgerson and Emmett Erpalding for an on -sale liquor license at the location noted above. The application has been reviewed by staff in the Police Department and no reason has been identified to deny the license at this time. • Consideration of this license is dependent upon the approval or denial of the planned development amendment immediately preceding this business item. ATTACHMENTS: • Application enclosed without page number. a35' Agenda Information Memo May 7, 1996 - Eagan City Council Meeting cul': * 1_ L 11 I :_ul tui 1 ��11 ': u �:: W -11F)1114. 1► .: I : OR I 1 .: 11 12 ACTION TO BE CONSIDERED: ► To approve or deny a Rezoning of 0.6 acres from R-3 Residential Townhouse to R-1 Single Family located on the west side of Robin Lane, east of Townview First Addition, in the SE 1/4 of Section 17. To approve or deny a Comprehensive Guide Plan Amendment of 0.6 acres from D -III Mixed Residential to D -I Single Family. To approve or deny a Preliminary Subdivision (Black Hawk Acres 4th Addition) consisting of 2 lots on 0.6 acres subject to the conditions recommended by the APC. FACTS: The proposed 0.6 acre site was final platted in 1986 as Outlot C of Blackhawk acres 2nd Addition townhouse development. The proposed site was designed to have a three (3) unit townhouse building on the site. ► The proposed 2 lot Single Family subdivision is consistent with existing development and designated densities of the specific area. The property located directly adjacent to the proposed site to north and west is zoned and guided Single Family. The area south and east of the site is guided Mixed Residential and zoned Residential Townhouse. ► The Advisory Planning Commission conducted a public hearing on this proposed Comprehensive Guide Plan Amendment, Rezoning, and Preliminary Subdivision at its regular meeting on April 23, 1996, and recommends approval subject to the conditions in the staff report. BACKGROUND/ ATTACHMENTS: (2) APC minutes of April 23, 1996, pagesthrou ?w9 Staff Report, pagehrougly�� ,.?.. 3(P Page 8 April 23, 1996 ADVISORY PLANNING CONIlvIISSION COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION JMS DEVELOPMENT CORPORATION Chairman Miller opened the next public hearing of the. evening regarding a Comprehensive Guide Plan Amendment changing the land use form D -III, Mixed residential, (6-12) unit(acre) to D -I Single Family (0-3 units/acre), a Rezoning of .6 acres from R-3 (Townhouse) to R 1 (Single Family), and a Preliminary Subdivision (Blackhawk Acres Fourth Addition) consisting of two 12,000 square foot single family lots currently platted as Outlot C of Blackhawk Acres Second Addition located north of Silver Bell Road and west of Blackhawk Road in the SE'/. of Section 17. Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staffs planning report dated March 28, 1996. Mr. Dorgan noted the background and history and the surrounding uses of the subject property. Mr. Dorgan further outlined the City staffs evaluation of the proposed preliminary subdivision and the preliminary planned development. A representative of the applicant was present but gave no comment. Member Frank moved, Member Heyl seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment changing the land use form D -III, Mixed residential, (6-12) unit/acre) to D -I Single Family (0-3 units/acre). All approved in favor. Member Frank moved, Member Heyl seconded, a motion to recommend approval of a Rezoning of .6 acres from R-3 (Townhouse) to R-1 (Single Family). IV All approved in favor. Member Frank moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Blackhawk Acres Fourth Addition) consisting of two 12,000 square foot single family lots currently platted as Outlot C of Blackhawk Acres Second Addition located north of Silver Bell Road and west of Blackhawk Road in the SEI/4 of Section 17, subject to the following conditions: Page 9 April 23, 1996 ADVISORY PLANNING CON IISSION Standard Conditions 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, C1, C2, C4, D1, E1, Fl, G1, and Hl. 2. The property shall be platted. 3. The developer shall submit a re -vegetation and stabilization plan for the proposed 2:1 slope with the final grading plans prior to final plat approval. 4. The developer shall provide a cash park, trail, and water quality dedication. 5. The developer shall dedicate an additional 10' of easement to the existing 35' utility easement along the east and south edges of the site. 6. The developer shall install tree protective measure (i.e. 4 foot polyethylene laminate safety netting) at the drip line or on the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. All approved in favor. a33 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 28, 1996 APPLICANT: JMS Development Co. PROPERTY OWNER: JMS Development Co CASE #: 17 -PP -8-3-96 17-RZ-6-3-96 17 -CG -2-3-96 HEARING DATE: April 23, 1995 PREPARED BY: Steve Dorgan REQUEST: Preliminary Subdivision (Blackhawk Acres 4th Addition) Rezoning, Comprehensive Guide Plan Amendment LOCATION: SE 1/4 Section 17 COMPREHENSIVE PLAN: D -III, Mixed Residential (6-12 units/acre) ZONING: R-3 - Residential Townhouse JMS Development Company is requesting a Comprehensive Guide Plan Amendment from D - III, Mixed Residential (6-12 units/acre) to D -I, Single Family Residential' (0-6 units/acre), Rezoning of 0.6 acres from R-3 Residential Townhouse to R-1 Residential Single Family and a Preliminary Subdivision consisting of 2 single family lots. The property is located on the west side of Robin Lane, east of Town View First Addition on Outlot C of Blackhawk Acres 2nd Addition, in the SE 1/4 of Section 17. City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable- City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. a 5 � Planning Report - Blackhawk Acres 4th March 28, 1996 Page 2 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 s as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. In 1986, the City Council approved a preliminary plat for the Blackhawk Acres 2nd Addition townhouse development. The proposed site was platted as an outlot for the townhome development and was designed to have a three (3) unit townhouse building on the site. The 3 unit townhome building was never built and the current owner acquired the property with the intention of building single family lots on the site. The 0.6 acre site is currently platted as Oudot C for Blackhawk Acres 2nd Addition townhome ��a Planning Report - Blackhawk Acres 4th March 28, 1996 Page 3 development. The site is wooded and contains significant topography. The grade changes from the high point in the rear corner of the lot of an 850' elevation to the low point in the front north corner of the lot with an 814' elevation. In relation to the proposed site, the remaining Blackhawk Acres townhome development is located to the south and east. To the north and west of the site is the 38 acre Blackhawk Forest single family development, which received City Council approval in 1995. Also, located directly west of the proposed site is the completely developed Townview townhome development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Blackhawk Forest; zoned R-1 (single family) and guided D -I (single family) South/East - Blackhawk Acres; zoned R-3 (residential townhomes) and guided D -III (mixed residential) West - Town View First Addition; zoned R-3 (residential townhomes) and guided D -III (mixed residential) EVALUATION OF REQUEST A. Rezoning Developing the site as single family requires a rezoning from R-3 Residential Townhouse to R-1 Residential Single Family. The properties surrounding the subject site have either developed as single family residential (R-1) or as residential townhouse (R-3). B. Comprehensive Guide Plan Amendment The proposed comprehensive guide plan amendment from D -III Mixed Residential to D -I Single Family is consistent with the surrounding property to the north and west of the subject site. The property to the south and east is currently guided D -III Mixed Residential. C. Preliminary Subdivision Compatibility with Surrounding Area - The proposed subdivision is consistent with existing development and the designated densities of the specific area and the general vicinity as well. Densily - The proposed subdivision. results in a density of 3.3 units/acre, which falls within the maximum allowed R-1 zoning density of 3.6 units/acre. L,.QJs - The lots meet the 12,000 s -f minimum lot size and 85' lot width requirements of the R-1 zoning district. The lots are both 12,000 SF in size. C q � Planning Report - Blackhawk Acres 4th March 28, 1996 Page 4 Setbacks - The lots proposed are large enough to meet all standard R-1 setback requirements. Grading/Wetlands - The site generally slopes from the southwest to the northeast toward Robin Lane. The eastern portion of the site lies approximately 25 to 30 feet in elevation below Townview 1st Addition located west of the site. The applicant is proposing a 2:1 slope on the southwest portion of the site behind the house pads and has a potential for erosion problems. The slope is proposed to be unmaintained. Therefore, a re -vegetation and stabilization plan for the slope is subject to approval by City Staff and should be submitted to the City with the final grading plan prior to final plat approval. Storm Drainage/Water Quality - The site drains toward Robin Lane. The existing storm sewer system within Robin Lane will accomodate the drainage from the proposed development. The developer shall provide a cash water quality dedication to the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC). Utilities - Sanitary sewer and water main are available within Robin Lane for connection of services. Connection of services will require the removal and replacement of a portion of the Robin Lane street section. , Streets/Access - Separate driveway access to the proposed two lots will be taken from Robin Lane. Easements/Permits/Right-oma - The developer should provide an additional 10' of easement to the existing 35' utility easement located the east and south edges of the site to accomodate the depth of the buried storm sewer pipe. Park and Recreation - The APRNRC is recommending a cash park and trail dedication. Tree Preservation - There are seven significant trees on the site. Tree preservation will be reviewed by the City Forester at the time of each building permit application. SUMMARY/CONCLUSION The subject property had previously received Preliminary Subdivision approval with the Black Hawk Acres 2nd Addition as an outlot. The proposed Rezoning, Comprehensive Guide Plan Amendment, and Preliminary Plat should be consistent with the surrounding uses in the area. ACTION TO BE CONSIDERED To recommend approval/denial of a Rezoning of 0.6 acres from R-3 Residential Townhouse to R-1 Single Family. To recommend approval/denial of Comprehensive Guide Plan Amendment of 0.6 acres from D - III Mixed Residential to D -I Single Family. Planning Report - Blackhawk Acres 4th March 28, 1996 Page 5 To recommend approval/denial of Preliminary Plat for 2 single family lots on 0.6 acres. Approval subject to conditions listed below. Standard Conditions 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 3, 1993: Al, BI, B2,Cl, C2,C4,DI, El, Fl, GI, and HI. 2. The property shall be platted. 3. The developer shall submit a re -vegetation and stabilization plan for the proposed 2:1 slope with the final grading plans prior to final plat approval. 4. The developer shall provide a cash park, trail, and water quality dedication. 5. The developer shall dedicate an additional 10' of easement to the existing 35' utility easement along the east and south edges of the site. 6. The developer shall install tree protective measurer (i.e. 4 foot polyethylene laminate safety netting) at the drip line or on the perimeter of the Critical- Root Zone, whichever is .greater, of significant trees/woodlands to be preserved. C=N3 STANDARD CONDITIONS OF PLAT APPROVAL A. financial bli ations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -0f --way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and _S12ecifications 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 Imorovements 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 Eermlits 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. O_ then 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 City Council Approved: August 25 1987 September 15 1987 LTS#5 STANDARD.CON Revised:_ -July, 101990 Revised: February 21993 a�000, FINANCIAL OBLIGATION - BLACKHAWK ACRES 4TH There are pay-off balances of special assessments totaling S73 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Water Trunk S.F. $845/Lot 11 s Quantity 2 Lots Amount Q/ sN0Y1 ETDOW ST. OLAKt R 95. t - _ ouARRY +?%; PARK. 7EVER BLLii 1 C T(JR7 Z= aT, YANKS I ` A. 1 WATER t97)FACUTY !` /- c r z c+ MAIM �... FAC3ITY 90 W c9a 1 lo OAK 1Iyt i PARKI - HLL wo p/ MLAK ROAD LW 1 -- o o� A, RICY LN. 1 w `j W /� KYLLO LN. I 1 PL y 1 M%OT f f BILL .LLQ .yK 1 1 s .�rNrp I h�q`y� 3 m SELL SILVER BELL RD. 0.. WK ACX WK - - - - -- - - - - - Z' - - - - TON LAKE 0.. B I Acm f °} PADE WAY >/ v?' � � � �� •• " �•�di+PARK.::.: �•� T � -:� Coto s� ��'�'P .• .. rRsswAr=�,�;t•./ . SOL. i : Q BMMK. W e A DR. a v TACONTE TR. CONT u - �,T11. TACONTE TRAIL I '� •• • LA. JC . SUN t d _- s EYFR,�O � I A _ u. — W 1 1 1►LA f MEADOWLARK LA LKOen 41=7 I CT—. -CIL 1 0�. f ]. MEADOWLARK PT rNp_ t: Q9 , ' O' _ _ hRrN i 'n +• MEADOWLARK WAY ' T '4 - Gb41 V E 7 GD �� 13WAC PT. a qo?ATION / e _ \ 'rez. l 1 SINGLE FAMILY NN -- SINGLE FAMILY,* 30-80 \ ` F'�ri1'.",Q�j t 1 02 •0 F \ \\ - . - -- - 060 C _ • , �� i�' ; �;' ,\ \� 0062-00 .13 i%" ,- ♦•'¢LA ARES ��.\ _ .I I. �] f 070 - 481D 990-75 t r • �J ��•► , ' • � � 1. � Y � r � � o f C C LL L': U. W w W Z ^ o O O ~ :Fes 'y 3 � ` a � =_fie �.�=�� j• / QryN i 3.., is •_ l Im U 0 W Ar if tv WW w W Z ^ o O O ~ 'y 3 � ` a � �` L Y QryN LY G 'g0 Im U 0 W W f., w o Z t w C . 3 � W G z v , W w ar I Agenda Information Memo May 7, 1996 H. Precision Tune - Planned Development Amendment ACTION TO BE CONSIDERED: ► To approve or deny a Planned Development Amendment for a six -bay auto service facility west of Pilot Knob Road and east of I -35E, just north of the existing Phillips 66 station, on Outlot A, George W. Giles Addition, subject to the nine conditions listed in the staff report. FACTS: ► In May of 1995, the City Council approved a Preliminary Planned Development and Preliminary Subdivision for an Indy Lube facility on this property. However, Indy Lube did not proceed with the development and a subsequent proposal for a Midas facility was denied by the Council in February of 1996. ► The Precision Tune application contains only minor differences from the previously approved Indy Lube Preliminary Planned Developm9nt and is in greater compliance with City Code requirements. However, because of the history of development proposals on this site, the applicant would like the City Council's feedback that this proposal is acceptable before proceeding with the execution of the Final Planned Development documents and Final Subdivision application. The building is proposed to be located at a 3 foot setback from the south property line and the proposal includes the vacation of a portion of an easement along the south property line. The Site Plan shows a 20 foot dedicated right of way for Pilot Knob Road. ► The APC conducted a public hearing on this proposal at its regular meeting on April 23, 1996, and recommends approval subject to the nine conditions outlined in the staff report. BACKGROUND/ATTACHMENTS: APC minutes of April 23, 1996, a ePV ougb2__:�► Staff report, page&fC*46u a S43 Page 10 April 23, 1996 ADVISORY PLANNING COMMISSION FINAL PLANNED DEVELOPMENT PRECISION TUNE Chairman Miller opened the next public hearing of the evening regarding a Final Planned Development of Outlot A, George W. Giles Addition located north of Duckwood Drive and west of Pilot Knob Road in the NE%4 of Section 16. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated April 19, 1996. Ms. Dudziak noted the background and history, the existing conditions and the surrounding uses of the subject property. A representative of the applicant, Precision Tune, was present and stated that the applicant agrees with all the conditions as recommended by City staff. Member Burdorf noted that there are no variances requested and therefore moved, Member Heyl seconded, a motion to recommend approval of a Final Planned Development of Outlot A, George W. Giles Addition located north of Duckwood Drive and west. of Pilot Knob Road in the NE'/ of Section 16, subject to the following conditions: The site is allowed one pylon sign, 27 feet tall and 120 square feet of area per side, along the western freeway frontage, and one monument sign, 6'8" tall and 32 square feet of area per side, on the Pilot Knob Road Frontage. Building signage on the north and east building elevations only. 2. One directional sign located on Lot 1, Block 1, George W. Giles Addition at the entrance to the site from Duckwood Drive is allowed. The directional sign shall not contain signature or logo advertising of the business, but instead shall be a simple directional sign stating only the name of the business and identifying the entrance to the site. 3. Prior to receiving a building permit, the applicant shall provide to the City written permission from the adjacent property owner agreeing to the placement of the directional sign on that property. 4. The Landscape Plan shall be revised to incorporate the same species of plant materials on the east side -of the site to continue the landscape theme previously established by the Phillips 66 station. ash Page 11 April 23, 1996 ADVISORY PLANNING COhMSSION 5. The developer shall be responsible to obtain a permit from MnDOT to drain storm runoff to the MnDOT right of way. 6. The water service line shall be constructed of a size to City Engineering Standards for commercial buildings. 7. The developer shall dedicate appropriate right-of-way/easement for Pilot Knob Road, as determined by Dakota County. 8. Site plan approval as proposed, m relation to the building setback from the south property line, is contingent upon City Council approval/authorization of the vacation of a portion of the 10 -foot drainage and utility easement that is located along the south property line of this site prior to Final Subdivision approval. 9. A Final Planned Development Agreement shall be executed prior to Final Subdivision 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 All approved in favor. asp PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 1996 APPLICANT: Precision Tune Motorscope, Inc. PROPERTY OWNER: Phillips Petroleum Co. REQUEST: Final Planned Development LOCATION: 3565 Pilot Knob Road COMPREHENSIVE PLAN: Central Area, CA ZONING: Planned Development, PD CASE: 16-RZ-5-3-96 HEARING DATE: April 23, 1996 PREPARED BY: Pam Dudziak Precision Tune is requesting approval of a Final Planned Development to allow a six -bay Procision Tune auto service facility on approximately 0.6 acres located north of Duckwood Drive and west of Pilot Knob Road, just north of the existing Phillips 66 station. The property is currently platted as Outlot A, George W. Giles Addition. Because the proposal by Precision Tune is so similar to the previously approved Preliminary Planned Development approved in 1995 for Indy Lube on this site, it is being processed as a Final Planned Development. However, where a Final Planned Development usually receives only City Council review, this proposal is before the APC to allow the Commission to evaluate the changes. The George W. Giles Planned Development was created in 1989 without specific uses identified other than what is provided for in the General Business (GB) zoning district. The two lot Giles Addition was platted in 1990, and the Phillips 66 Station was constructed on the southerly lot in the same year. In May of 1995, the City Council approved a Preliminary Planned development for an Indy Lube oil change facility and a Preliminary Subdivision (Indy Lube Addition) for this property, Outlot A, George W. Giles Addition. Due to an organizational change, Indy Lube did not proceed with its plans to develop at this location. The Preliminary Subdivision approval is still valid, pending application for Final Subdivision. 4::: 5--� Planning Report Precision Tune April 23, 1996 Page 2 In February of 1996, the City considered a Preliminary Planned Development proposal for an eight -bay Midas automobile service facility on this property. The Midas proposal was denied by the City Council because of several variances associated with the development. The small, odd shaped, parcel is surrounded by major thoroughfare right-of-way on three sides. The flat, grassy site contains a number of trees that were planted in conjunction with the development of the Phillips 66 station in 1990. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Interstate 35E South - Phillips 66 station: Zoned PD/General Business; Guided CA, Central Area East - Pilot Knob Road/Eagan Auto Mall: Zoned CSC, Commercial Shopping Center; Guided CA, Central Area West - Interstate 35E Compatibility with Surrounding Arep - The proposed auto service facility is consistent with the development in this area which includes the auto mall and two gas stations. In the GB zoning district, motor vehicle and repair operations are allowed with a Conditional Use Permit (CUP). Within a PD, a formal CUP is not required. However, the same criteria are used in the evaluation and conditions that would normally be placed on the CUP can be incorporated as • conditions in the PD agreement. Site Plan - Since the George W. Giles PD specifies General Business GB uses for this property, the GB zoning standards are applied in this evaluation. The building meets the GB setback requirements. Parking stalls are ten feet wide. The Zoning Code does not specify a required number of parking stalls for this type of use, however, the 14 stalls proposed should be adequate. Trashlrecycling containers will be stored within the building so a dumpster enclosure is not shown. Building Elevations - The building is similar in appearance to the previously approved Indy Lube proposal. The exterior building materials proposed are rockface block in dark grey and single score block in light grey. Architectural accents include the Precision Tune signature red "energy stripe" above a yellow band that surrounds the building, and a yellow metal awning. 0 S7 Planning Report Precision Tune April 23, 1996 Page 3 Si nae - Proposed signage consists of a pylon sign on the west side of the property, and a monument sign on the east side of the property. Both signs contain a business identification area and a readerboard. The pylon sign is 27 feet in height and a total of 120 square feet per side in area. The monument sign, which contains a 2'8" high block base in light grey to match the building, is 68" high and 32 square feet per side in sign area. One directional sign is also proposed at the west drive across the Phillips 66 property to identify the entrance to this site from Duckwood Drive. Because this is a PD, an off-site directional sign can be allowed. However, it should be a simple directional sign and should not contain the business logo. Precision Tune proposes wall signs on the west, east and north building elevations. The approved Indy Lube plans did include signage on the west building elevation. Signage on the west building elevation should be eliminated to be consistent with the approved preliminary planned development, and because the pylon sign provides identification to the west and for traffic on I - 35E. Landscaping - The site contains several trees which were previously installed when the Phillips 66 was constructed. These existing trees create some design limitations for this project. Some of the existing trees will be relocated within the site, howevei, to limit disturbance to the existing trees, the applicant proposes to retain as many trees in their current location as possible. Landscaping is one unifying theme which should be consistent throughout a planned development. For this reason, the landscaping along the east portion of the property should be revised to reflect the same species of plant materials which were previously used in the development of the adjacent Phillips 66 site. Lighting - Lighting plans have been submitted. Light standards 24' in height on the east and west sides of the lot are proposed, with lighting levels of 1.2 footcandles at the property lines. CTradingfWetlands - The preliminary grading plan is acceptable. Minimal grading is required to prepare this site for development. There are no jurisdictional wetlands on the site. Storm Drainage/Water QuaUty - The preliminary storm drainage plan is acceptable. The developer is proposing to drain storm water runoff from the site. The developer will be required to obtain a Minnesota Department of Transportation (MnDOT) permit to drain the site's storm runoff onto the MnDOT right of way. Utilities - The preliminary utility plan is acceptable. Sanitary sewer service and water main service are available to serve this site from existing lines constructed with the Phillips 66 station. However, the sizes of the proposed water service line do not meet City engineering standards for commercial buildings. The water service line shall be constructed to City engineering standards for commercial buildings. Planning Report Precision Tune April 23, 1996 Page 4 The developer will need to remove and repair a small portion of the existing Phillips 66 parking lot at the connection to the existing sanitary sewer manhole. There is an existing hydrant located next to the car wash on the Phillips 66 site that will provide adequate fire protection to this development. Access/Circulation - Access to this site is proposed through an ingress/egress cross easement on the west side of the Phillips 66 site that will provide public street access to the Duckwood Drive/Crestridge Drive intersection. The access through the Phillips 66 site extends through an area that is wide enough to accommodate 2 -way traffic leading up to the Precision Tune site. With the recent completion of the Central Area Transportation Plan and the Ring Road concept which provides for the westerly extension of Duckwood Drive and a proposed future interchange with I -35E, the developer should be made aware that access to the existing Phillips 66 service station and the proposed Precision Tune facility may be restricted to a right in/right out movement only because of the need to construct a raised center median along Duckwood Drive from Pilot Knob Road to the proposed new northbound exit ramp. Easernents/Right-of-Way/Permits - During the Preliminary." Subdivision review for this lot in 1995, the Dakota County Plat Commission requested an additional 25 feet of right-of-way to be dedicated along the east edge of this site to allow for future expansion of Pilot Knob Road. The Plat Commission later indicated a willingness to agree to a compromise which provided a ten foot dedicated right of way with an additional ten foot trail easement if the City requested the variance. The current Precision Tune site plan shows a dedicated 20 foot right of way. This matter will need to be negotiated between the developer and Dakota County to determine the appropriate dedication prior to Final Subdivision of this lot. A ten foot wide drainage and utility easement along the outside boundaries of Outlot A was dedicated with the George W. Giles Addition. The preliminary site plan shows that the proposed building will be constructed in the existing ten foot wide easement that is along the south edge of Outlot A. Therefore, the developer is requesting that a portion of the easement along the south edge of the site be vacated to allow building construction three feet from the south property line. The developer will be responsible for vacating this easement prior to final plat approval. The extension of storm sewer and grading within MnDOT right-of-way will require a permit from that agency. The proposed Final Planned Development is consistent with the specifications of the original George W. Giles Planned Development Agreement. It is also consistent with the approved Preliminary Planned Development for this site. The Precision Tune plan differs from the Indy Planning Report Precision Tune April 23, 1996 Page 5 Lube plan in that the building is smaller, and no variances are requested. Architecturally, the building appearance is similar, using two tones of grey decorative block with red and yellow accents. The building placement and parking lot layout are essentially the same, and signage plans are consistent providing for both a pylon sign and a monument sign as was previously approved. To recommend approval or denial of a Final Planned Development for a Precision Tune auto service facility. Approval is subject to the following conditions: 1. The site is allowed one pylon sign, 27 feet tall and 120 square feet of area per side, along the western freeway frontage, and one monument sign, 6'8" tall and 32 square feet of area per side, on the Pilot Knob Road Frontage. Building signage on the north and east building elevations only. 2. One directional sign located on Lot 1, Block 1, George W. Giles Addition at the entrance to the site from Duckwood Drive is allowed. The directional sign shall not contain signature or logo advertising of the business, but instead shall be a simple directional sign stating only the name of the business and identifying the entrance to the site. 3. Prior to receiving a building permit, the applicant shall provide to the City written permission from the adjacent property owner agreeing to the placement of the directional sign on that property. 4. The Landscape Plan shall be revised to incorporate the same species of plant materials on the east side of the site to continue the landscape theme previously established by the Phillips 66 station. 5. The developer shall be responsible to obtain a permit from MnDOT to drain storm runoff to the MnDOT right of way. 6. The water service line shall be constructed of a size to City Engineering Standards for commercial buildings. 7. The developer shall dedicate appropriate right-of-way/easement for Pilot Knob Road, as determined by Dakota County. 8. Site plan approval as proposed, in relation to the building setback from the south property line, is contingent upon City Council approval/authorization of the vacation of a portion ago Planning Report Precision Tune April 23, 1996 Page 6 of the 10 -foot drainage and utility easement that is located along the south property line of this site prior to Final Subdivision approval. 9. A Final Planned Development Agreement shall be executed prior to Final Subdivision 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 a (4;�i .WK TAMARAC PT. BIRCH PT. NORWAY PT.. FOREST ROM Tp - P"000 LA. Row000 PT. SPRUCE PT. C � dg,14, LOCATION MAP Nc - 1'' �� qtr' /''/" / C,'' l �e�/!////r lfd� /T/� //'�/i / by// II 1�/ flJf n r,/W/W//�i r �i ri / �I �r ,�,PUTLO Ael I I� 116/1 11 / y/i /aLINDER _y SdRbUlk I M //y ./ /� / .>- /r r r/ /� /r '� ! it z ►I // ii // eel/ jf `i/ /`D+U_C�KWOOD DR r• t '= i 77 V.r'`:1 LLD I f fill if 114 u fit, 1/ .. A /73 AREA MAP 'fC yip`♦ � \\il �'\• t 1 r '� �s ♦\ \ \ \\'\ti' \` V- X. . \ •-.ter-..+- ♦♦`�♦\� `��`.` tl , mak• ; : ..� '"?''••• ... ♦\`�..• \ • ♦ �: \ , ! � • -- • •---• _ t : is �. - >r�r � ,. �:•• � \•.. \ r , I ; `•. l�.rrr w. w. �i Ir'c'�`.S\r •►~ ! \\ n�� s �LA � i 2 1 �2T P1101 ROAD fl 1 GRADING/UTILITY PLAN r < f'• n�� s �LA � i 2 1 �2T P1101 ROAD fl 1 GRADING/UTILITY PLAN I* PILOT XN0'8 ROAD npit i s • PLOT KmM p0 _. `�► SITE PLAN AL 1� I "> �ww I 'list t t if! #i !1p III 'f;"It 1filI It 1 ,*Ili HH, tf i . • . i 3 w � f�•1 er LA 111 Fm' FEISIC]N EAGAK MH r.G..� - e rr1Y1 �r LANDSCAPE PLAN I It i/ PRECISION TU E 30 A PILOT KmM Rq. RAaAK , I ELEVATIONS 16) Cyd U rn 10 _D b- p tf PFtEC14%1C�N T PILOT KNOB ROAD ao� ce LIGHTING PLAN II��i I i; U hl E '' _, dw •a PRECISION TUNE ti M i PLOT NAM MD.14 FLOOR PLAN ---7L-- . • . •••. • • • • • • • • . • I • _ • _ • • • • a • I_ •. • - • I • • • - • _ •s= . = 11 •_ •. . • �••�__ •_ • • • • • • • - •� • - . • -- •• . • - - - ••iit •• • _ •_ •• • =••i •- • •n -• •_ • • •_ • • - the bLddhg Is where the customer swvk:e and customer waftv cnxx cire proposed. • _ _•• doors .r_ e•. _• ••• _ • • •, _ • i • 1 • • • • • _• • • YeDow occents. The. exkwlor represent an upgrcded -pracwon Tune- concept c6ggngd to draw Interest to the entry and customer servce are= of the whoe •� _ • •�,1t1youp-wout. - _ We hope ffxff our go for 4� Dan Dogs (612)641-1339 Mfid ago 2324 UNIVERSITY AVENUE • SURE 109 • ST. PAUL, MN 55114 • 612.641-1339 • FAX 641-0149 4f. Agenda Information Memo May T, 1996 Eagan City Council Meeting L REZONING - INDUSTRIAL EQUITIES & RES INVESTMENTS ACTION TO BE CONSIDERED: To approve or deny a Rezoning of approximately 80 acres from PD (Planned Development) to BP (Business Park) for property currently platted as Robins Addition, Outlots A -D, located on the west side of T.H. 149 in the NE 1/4 of Section 2. FACTS: A proposal to develop this 80 acre site as a planned development was reviewed by the APC in February and approved by the City Council in March subject to final approval of the Comprehensive Guide Plan Amendment. At the same time, the City Council also approved the creation of the new BP (Business Park) zoning district. The applicants (property owners) have since indicated they want to withdraw the planned development and rezone the property to BP. The proposed development (mixed office/light industrial) has not changed. Because the proposed development is consistent with the BP standards, developing under straight BP zoning will achieve the same objectives as the original PD but in a less complex manner. The primary reason this property was initially proposed as a planned development was because at the time Mr. Allen made his development request the property was zoned PD which required all development to occur through the PD process. Because review of the proposed BP zoning district was occurring simultaneously with review of Mr. Allen's proposal, it seemed prudent to present his proposal as a new PD in accordance with the existing PD zoning procedures to ensure that it could move forward even if approval of the BP zoning district was delayed or denied. Property on the north side of Blue Gentain has received preliminary subdivision approval (Robins 2nd Addition). At this time, there are no development plans for the property on the south side of Blue Gentian. Development cannot occur until the property is subdivided or platted. Specific development proposals will be reviewed through the preliminary subdivision process. The Advisory Planning Commission conducted a public hearing on the proposed Rezoning at its regular meeting on April 23, 1996 and recommended approval of the Rezoning. BACKGROUND/ATTACHMENTS: APC minutes of Ari , 1996, pag► 4,muls Staff report, page Zhroug Page 20 April 23, 1996 ADVISORY PLANNING CONMUSSION REZONM - INDUST UL EQUITIES & RES INVESTMENTS Chairman Miller opened the next public hearing of the evening regarding a Rezoning of approximately. 80 acres from PD (Planned Development) to BP (Business Park), for property currently platted as Robins Additions, Outlots A -D, located on the west side of Pilot Knob Road in the SEV4 of Section 9. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated April 16, 1996. Ms. Farnham noted the background and history and the existing conditions of the subject property. The applicant, John Allen, was present but had no comment. The residents of 988 Blue Gentian inquired as to the plans of the proposed cul-de-sac and who will pay for those improvements. Planner Farnham responded that the cul-de-sac was part of the preliminary subdivision and that the developer would be responsible for paying for constructing the cul-de-sac. John. Gorder, Development Design Engineer, advised the residents that he would be happy to meet with them to review the plans for the cul-de-sac. Member Heyl moved, Member Burdorf seconded, a motion to recommend approval of a Rezoning of approximately 80 acres from PD (Planned Development) to BP (Business Park), for property currently platted as Robins Additions, Outlots A -D; located on the west side of Pilot Knob Road in the SE%4 of Section 9. All approved in favor. No visitors were to be heard. Member Frank inquired whether the Advisory Planning Commission reviewed the Tree Preservation Ordinance at a workshop before adopted by the City Council, noting his concern regarding the definition of "significant woodland". In response to Chairman Miller's suggestion. Planner Freese stated that she would arrange a meeting between the City Forester, Gregg Hove and Member Frank. Member Heyl requested that staff provide a map of the entire northwest quadrant area, along with the Central Area Plan policies for the discussion of Scenic Enterprises at the May workshop session. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 16, 1996 APPLICANT: John Allen (Industrial Equities) RES Investments CASE #: 2-RZ-8-4-96 HEARING DATE: April 23, 1996 REQUEST: Rezoning from PD Planned Development PREPARED BY: Julie Farnham to BP Business Park LOCATION: South of I-494, west of T.H. 149 along Blue Gentian Road COMPREHENSIVE PLAN: CPD Commercial Planned Development (current); BP Business Park (proposed/pending) ZONING: PD Planned Development SUMMARY OF REQUEST John Allen, Managing Partner of Industrial Equities L.L.P. and RES Investments are requesting approval of a Rezoning of approximately 80 acres from PD Planned Development to BP Business Park to accommodate a mixed office/light industrial development on property currently platted as Robins Addition, Outlots A -D on Blue Gentian Road, west of TH 149 (Dodd Rd.), south of I-494 in the NE 1/4 of Section 2. AUTHORITY FOR REVIEW City Code Section 11.40, Subd. 5 A. Provisions, states that "amendments changing the boundaries of any district or changing the regulations of any existing district may only be made by an affirmative vote of 2/3rds of all members of the Council."; and Section 11.40, Subd. D. Public —H states that "The Planning Commission shall hold at least one public hearing affording the parties interested the opportunity to be heard." BACKGROUND/HISTORY This property was initially proposed to be developed as a planned development. The Advisory Planning Commission reviewed the preliminary planned development request at its February 27, 1996 meeting and recommended approval. The preliminary PD was given tentative approval by the City Council in March, subject to final approval of the Comprehensive Guide Plan amendment. The applicants have since requested to withdraw the planned development and instead, rezone the property to BP Business Park. The proposed use, a mixed office/light industrial development has not changed and is consistent with the development standards stipulated in the BP zoning district (Exhibit A). a ?3 Planning Report - John Allen/RES April 23, 1996 Page 2 Because the City Council recently approved the creation of the new BP Business Park zoning district (Ordinance adopted March 4, 1996), developing under straight BP zoning is simpler than developing as a planned development which involves preliminary and final planned development agreements and Council approval at both stages. This property was previously platted in August 1986 as Robins Addition consisting of five outlots (A-E). Outlots B and C, north of Blue Gentian Road, were included in the preliminary subdivision (Robins 2nd Addition) approved by the City Council in March, with the final subdivision subject to final approval of the land use amendment. The previously proposed preliminary planned development included the proposed Robins 2nd Addition as well as Outlots A and D of Robins Addition. EXISTING CONDITIONS The entire site (Outlots A -D) is undeveloped. It is bound on the north by I-494, on the east by Hwy. 149 and Blue Gentian Road passes through it. Several easements exists on the property. A 1.16 acre scenic easement exists in the northeast comer of the property. This area is wooded and will not be disturbed by proposed development. A 34'ft. pipeline easement, a 75 ft. NSP transmission easement and a 10 ft. sanitary sewer easement cut through the area in a north -south direction. A large detention pond (FP -1) exists on the south side of Blue Gentian Road. With frontage on major roadways, this area is highly visible. There is a steep grade along the eastern edge of the property that slopes up to Hwy. 149 (Dodd Rd.). This height difference allows a clear view of the entire site from Hwy. 149. There are also some steep slopes around Pond FP -1. The remainder of the site is relatively flat. Most of the site is covered with grasses with the exception of the woodlands in the scenic easement area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan !designations surround the subject property: North - I-494 and Mendota Heights South - Mixed office and industrial (TMI Coatings); currently zoned PD (Planned Development); currently guided CPD (Commercial Planned Development) East - S.T.H. 149 (Dodd Rd.), residential and The Waters; zoned R-1 and PD; guided CPD (Commercial Planned Development) West - Residential; zoned PD, R-1 and A (Agricultural); guided CPD EVALUATION OF REQUEST Reason for rezoning - As previously stated, the applicant would prefer to proceed with development in accordance with the recently adopted BP zoning rather than as a planned Planning Report - John Allen/RES April 23, 1996 Page 3 development. Because the proposed development is consistent with the BP standards, developing under straight BP zoning will achieve the same objectives as the original PD was intended to but in a less complex manner. The primary reason this property was initially proposed as a planned development was because at the time Mr. Allen approached the City with his proposal (August 1995), the property was zoned PD which required all development to occur through the PD process. During the course of studying this area, city staff determined that' it might be beneficial to develop a new zoning district to accommodate mixed office/light industrial type uses. Because review of the proposed BP zoning district was occurring simultaneously with review of Mr. Allen's proposal, it seemed prudent to present his proposal as a new PD in accordance with the existing PD zoning procedures to ensure that if approval of the BP zoning district was denied or delayed, Mr. Allen's proposal could still move forward. A second reason for presenting the proposal as a PD was to ensure design continuity with development of the property on the south side of Blue Gentian Road (owned by RES Investment). However, zoning all this property BP should provide the same level of continuity as all development will be subject to the same regulations and standards. At this time, there are no specific plans for development of the property on the south side of Blue Gentian (RES property). Development of this property is not anticipated to occur until all of the property on the north side of the road is fully developed. Any development proposals for that property will be subject to review through the City's subdivision process. SUMMARY/CONCLUSIONS A proposal to develop this 80 acre site as a two -phased planned development was reviewed by the APC in February and approved (subject to final approval of the Comp Guide Amendment) by the City Council in March. The applicants (property owners) have since indicated they want to withdraw the planned development and rezone the property from PD to BP (Business Park). This will allow a simpler development process since the proposed development is, consistent with ,,the regulations and standards stipulated in the recently adopted BP zoning district. The proposed development has not changed from the previous proposal which included office/warehouse and office/showroom uses. While the property on the north side of Blue Gentian has received preliminary subdivision approval (Robins 2nd Addition), no subdivision has been proposed for the property on the south side of the road. Development on that property can not occur until the property is subdivided or individual lots are platted. Specific development proposals will be reviewed through the preliminary subdivision process. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Rezoning from PD to BP for property currently platted at Robins Addition, Outlots A -D. 9 , 75000*' 7250 \' ,I I K PROPOSED ROBINS 2ND ADDITION i I AREA PROPOSED FC:= REZONING FROM PD TC LOW owc � I cc I " � LOCATION X W O T O CD O 0 r" O 0 K m zJ 1 O m O o� CO N z v n v _v O z o Bags Bass ti v 1a.�Mr / hc*3 IFlfll 'I N\ 1N 31vis �f1 >z > 11"Noce-em - 7-5�8 [ 11-0 1.1 Mlil al 2�. C. 11[1 ��tlfl a ni, s- PR Sass F, SSSS lRRPP 111.MrIts J ow WWI:: • : XXX !I Y • j� sIC r r g N i O o Bags Bass ti v 1a.�Mr / hc*3 IFlfll 'I N\ 1N 31vis �f1 >z > 11"Noce-em - 7-5�8 [ 11-0 1.1 Mlil al 2�. C. 11[1 ��tlfl a ni, :r A.7 !I • j� sIC r r g i O � ow o Bags Bass ti v 1a.�Mr / hc*3 IFlfll 'I N\ 1N 31vis �f1 >z > 11"Noce-em - 7-5�8 [ 11-0 1.1 Mlil al 2�. C. 11[1 ��tlfl a ni, Agenda Information Memo May 7,1996 Eagan City Council Meeting PROPERTIESJ. FINAL PLAT UGAN COMMERCE ADDITIOM - M.E.P.C. AMERICAN ACTION TO BE CONSIDERED To approve or deny the Final Plat for the Eagan Commerce Addition consisting of one lot on 6.25 acres located on the north side of Trapp Road. FACTS M.E.P.C. American Properties Inc. Owns three contiguous lots located on the north side of Trapp Road totaling 6.45 acres which is zoned and guided Industrial. The three platted parcels consist of two parcels in Eagandale Center Industrial Addition and one in the Eagandale Office Park Addition. Because the three parcels are not in the same subdivision, Dakota County cannot officially combine the parcels into a single tax identification; therefore, the applicant is proposing a replat of the three lots that will combine them into a single 6.45 acre Lot 1, Block 1, Eagan Commerce Addition. The approavl of this Final Plat requires the vacation of i drainage and utility easement on Lot 1, Block 2, Eagandale Office Park which is listed under Public Hearings, Item D, on this agenda. BACKGROUND/ATTACHMENTS (2) Plat map, page Area map, page a r� 1550 1 Ann a ?rj Lp�,4-�7oti1 • C � r'' I I I £� t� ,J i 1 g g4 fill ••tr I 74 I r— r�� R, $ ! i � m 1� �a n p I !RA r V -/7 � r • I z ID a i N I vii '• gH ! ° £A I � i �a 4 1�-1 l � ---—I • • I i $ oa I 1 I • R i i ° i DI! i r, r- Tli 1 N �1 1 i �•� H I �' �CI s� �� a t� ,J AIR � 4 J'r g g4 fill ••tr I 74 I r— r�� R, $ ! � � m 1� �a V �n - -! r\ A n n 1 NC'00.23-W 476.66 z LID s � r'\]/-1 A�1✓n( 1. CY f � 50'10161 455.96 � I � ,J c, J'r g g4 fill - 7 �- 74 r— r�� 50'10161 455.96 � I � C I = s. -i ::n — -, 1 ,J ORP U— O g g4 fill �- 74 $ 9 � � m 1� �a n p I !RA r V -/7 � r • I z ID a i N I '• gH ! ° £A sQ :s �a 4 1�-1 I €3 ---—I • • I s $ oa I 1 e • R i i ° �•� H I �' �CI s� �� a s $ g "• a � I ' Q sa •F s o H i s � ' S I - : C I = s. -i ::n — -, 1 ,J ORP U— O g g4 fill �- 74 m 1� �a n t 1 m I !RA r V -/7 � r • l z ID a i N I I4 8' gH ° £A sQ u �a 4 1�-1 I €3 ---—I • • I s $ oa I 1 1 ; yyM ,J O g g4 �a !RA r • � Se � r • l 1A a I4 8' gH ° £A sQ sa n a €3 t3 • • I s $ oa 4 e Y i i ° m z n O K K n m 0 z m x CL Agenda Information Memo May 7,1996 K. MCCARTHY ROAD PARKING RESTRICTION ACTION FOR COUNCIL CONSIDERATION: To approve/deny a request to restrict onstreet parking on McCarthy Road & McCarthy Ridge Road. FACTS: The City has received a request from a property owner on Red Cedar Road requesting the City to restrict onstreet parking on McCarthy Road either side of the McCarthy Ridge Road intersection due to poor sight distance and narrow street widths. All notices have been sent to all affected property owners informing them of this request and consideration by the City Council on May 7. ISSUES: Staff has received some objections from adjacent property owners regarding the safety in this area. ATTACHMENTS: • Letter of request, pag e% • General location map, page • Graphic of area for parking restriictio gQnt • City informational letter, page • Letter dated 5-3-96, pag April 23, 1996 Tom Colbert Public Works 3830 Pilot Knob Rd Eagan, MN. Re: No Parking Signs Dear Mr. Colbert; This letter is addressed to the City Council of Eagan regarding the visibility problem on McCarthy Rd. off of Hwy 13.. As you come off Hwy. 13 there is a curve that leads into an incline, people that live on McCarthy Rd. park their vehicles on the street making it necessary to go around the vehicle to continue in either direction, which,coming from either direction, makes it impossible to see oncoming traffic, which I experiended a few days ago. I would like to request No Parking signs placed on both sides of McCarthy Rd. at this location. I would be happy to show someone from the City of Eagan the location that I am referring to. If you have any further questions or need additional information, I have enclosed my name and address if you need to contact me. I hope this letter warrants action taken before someone has a serious accident at this location. Sincerely, Susan Schut 1516 Red Cedar Rd. -- Eagan, MN. 55121 452-0201 1 RUSTI CR. -1 }Zlk H LS TRAIL ~� QPSH me 0� VER OAK ROA 3 '' C RD. 26 PILOT po c KNOB PARK it mc GP (J I 0 Vl Q �'•G :r.:rs a. MEADOW! VIEW RD. ~ RED CEpAR RD. " ` OWERVIE% CEP TOWERVEW RD. 1 _ UARRY } 0 I � t OAKS RD. I +: LJUR�Dy Q� HW— 'Y� —Q � — — — O •! 2�v W Q a SITE FLAK NQRE ST . �+ 0:S DR 00 1 �\ � I 0im ()MAMCE Y i I QUARRY Q g 0 L ,2 0 AVER BLUFF v '�� PARK a = 2� o o I �n N RWEST = o DONALD CENTURY CT I YANKEE DOODLE ROAD PT. , I = WATERa21 81st ;4 TREATMENT N m ST. FACILITY I < Dir �G�O� k, HEIGHTS �8 F Q� SECTION 9 LOCATION Mxp M o LKj 1000 ?e -%nest for KID Parkk..q sirs JAN. 1996 CITY OF EAGAN Apri129, 1996 Re: Request For On -Street Parking Restrictions - McCarthy Road Dear Property Owner: Recently, a letter was sent to certain property owners informing them of the City Council's consideration of a request to restrict on -street parking on McCarthy Road. Unfortunately, that letter inadvertently referenced the wrong location for the requested restrictions for on -street parking. The enclosed map more accurately reflects the area of concern. To those property owners who are not affected by this corrected notice, my apologies for unnecessarily confusing you with the issue. For those property owners where this is the first notice you will receive, again my apologies for a short notification time -frame to review this information and provide any response that you may feel appropriate. Therefore, if you have any information that you would like to have forwarded to the City Council prior to their meeting on May 7, it would be helpful if we could receive it by Noon on Monday, May 6, at the latest. Of course, you certainly have the opportunity to present any additional information directly to the City Council at the time they consider this issue on May 7. Again, I apologize for the confusion associated with misidentifying the area of proposed restrictions for on -street parking. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TACTj Enclosure: Letter Dated 4-23-96 Location Map Physical Feature Map Mailing List 0"_ w4TAA Tom Colbert Public Works 3830 Pilot Knob Rd. Eagan MN. Re: No Parking Signs May 3, 1996 Dear Mr. Colbert; This letter is in response to the no parking issue raised by Susan Schut. She is correct, there is a safety issue related to the area in question, but the issue will not be resolved by erecting "no parking signs". The issue is not one of an obstructed view from vehicles parked on the side of the road. It is an issue of excess speed at which the local traffic chooses to travel through this area. This has been an issue for us since moving here in 1987. We have four children, the youngest is 2 years old, and we constantly fear for their safety because of the significant speed of the local traffic past our home. People need to slow down and look before flying over the hill in front of our home. We have a play area in our yard adjacent to the road just over the hill. At the typical speed of vehicles over this hill it is very unlikely that most vehicles would be able to stop if one of our children or their friends wandered into the road. The city installed a sign, at our request, to indicate there is a hidden driveway. This did not work. We have since moved our garage and driveway so we enter McCarthy at the crest of the hill at considerable expense to us. This improved our safety for pulling onto McCarthy Road but did nothing to slow traffic. In addition, I have inquired about speed bumps and wrote a letter to the council last year regarding the increased hazard as a result of increased speed when the road was improved. I have recently begun parking my vehicle in front of my home on the crest of McCarthy Road for convenience and to remind people that this is a residential area and not a through fare. My vehicle is in plain view from either direction. I believe it is my right and I'd like to remind Mrs. Schut that I am the one about to pay a $3,200 assessment for that chunk of road. Unfortunately, forcing people to slow down is an inconvienence, witness the letter from Mrs. Schut. I would like to remind the council and Mrs. Schut that she has a couple of alternatives; (I)slow down to a safe speed (2)exit and enter the McCarathy Addition at Pine Ridge and Lone Oak Road. If she is truly concerned for her safety and ours these are very good options. In summary, preventing me from parking my car on McCarthy Road in front of any home does nothing but encourage traffic to move faster and ultimately puts my family at greater risk. If vehicles approach our hill, which they cannot see over, at a reasonable speed there would not be an issue. If you, the council, are making a decision please make it for the safety and on behalf of the people who live on McCarthy who are truly affected by this and not for the convenience of someone passing through our area like Mrs. Schut. The only way to prevent the potential of a "serious accident" is to make people slow down!!! If the city is inclined to erect a sign for safety sake, make it a Stop Sign! Thanks for your consideratio S Daniel Sprick 1589 McCarthy Road Eagan, MN. 55121 Agenda Information Memo May 7,1996 L. CONTRACT 96-11. YANKEE DOODLE ROAD ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-11 (Yankee Doodle Road - Streets & Utilities), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: On April 2, the City Council approved the detailed plans and specifications for the widening of Yankee Doodle Road (Federal Drive through Denmark Avenue), I -35E ramp improvements, signal installation/modifications, and authorize the advertisement for competitive bids. At 10:00 a.m. on Monday, May 6, formal bids were received. A copy of the bid tabulation showing the relationship of the bidders to the engineer's estimate and the estimate contained in the feasibility report presented at the public hearing held on January 16,1996, is provided. ISSUES: The majority of the right-of-way required for this contract was dedicated with the final plat ofthe Eagan Promenade Addition which was approved by Council action on April 2. Other required right-of-way and easement acquisitions are being negotiated with ultimate acquisition through condemnation, if necessary. It is anticipated that all agency approvals and permits will have been issued by the time of Council consideration for contract award. Any deviations, errors, and/or omissions revealed through staff report of the bids submitted will be presented at the time of Council consideration for contract award. ATTACHMENTS: Bid tabulation, page ' . (To be distributed with the Additional Information packet). a�� Agenda Information Memo May 7,1996 Eagan City Council Meeting .J_ t J 1 Dille 1.�1 M ACTIONS TO BE CONSIDERED To direct the APC to proceed with a study examining where trucking operations should be located in the City and to identify ways to implement the proposed siting recommendations. To direct staff to study the development capacity of the TH 149 corridor with regard to traffic impacts and to identify improvements necessary to accommodate that development in conjunction with the MnDot corridor study. FACTS At the April 23 Advisory Planning Commission, the APC unanimously recommended that the City Council initiate a study 1) to determine where trucking operations should be located city-wide; 2) to analyze the development capacity of the TH 149 corridor; and 3) to identify the potential improvements of TH 149 necessary to accommodate this development. ISSUES Issues leading to this APC request are outline in the attached staff background memo. BACKGROUND/ATTACHMENTS (1) _ Staff background memo, pag�throug Minutes of November 6, 1995 Special City Council Meeting, pag Jtthroug} , A — city of eagan TO: MAYOR TOM EGAN CITY COUNCILMEMBERS FROM: LISA FREESE, SENIOR PLANNER DATE: MAY 2,1996 SUBJECT: APC REQUEST TO INITIATE TRUCKING STUDY MEMO The APC is requesting that the City Council initiate a study 1) to determine where trucking operations should be located city-wide; 2) to analyze the development capacity of the TH 149 corridor; and 3) to identify the potential improvements of TH 149 necessary to accommodate this development. BACKGROUND OF THE APC REQUEST During 1995 the increase of trucking businesses requesting Conditional Uses Permits for facilities in Eagan became a concern to the APC and City Council. As a result, discussions regarding the location of these facilities, their impact on the surrounding neighborhoods, and the effect of trucks on road capacity occurred at APC and City Council work sessions in late 1995. The minutes of the City Council's November 6 special meeting reflect a desire to establish a policy limiting the location of new trucking terminals and trucking related facilities, especially along the Yankee Doodle Corridor. Subsequently ,this policy was applied in the denial of the application made by Hoovestol, Inc. for a truck terminal facility at northeast comer of Mike Collins Drive and Yankee Doodle in November, 1995. The location of trucking facilities continues to be of concern in 1996 and at the April 23 APC meeting, the APC reviewed two conditional use permits for trucking facilities in the TH 1.49/Yankee Doodle Road vicinity. Several residents of the nearby Burr Oak neighborhood expressed concern about highway safety, noise and congestion at the APC hearing. At that meeting, the APC recommended denial on the Hoovestal CUP (to be on the May 20 City Council meeting) and continued the UPS/Chesley Freightliner CUP. They also made a unanimous recommendation that the City Council initiate a Trucking Land Use Study to examine the locational issues with regard to trucking operations in the City and to identify APC TRUCKING STUDY REQUEST Page 2 ways to implement the proposed siting recommendations. If the City Council feels this study is warranted, it would be appropriate to direct the APC to proceed with the study and to bring recommendations back to the City Council. The APC also made a request to study development capacity and traffic issues in TH 149 corridor. A MnDot corridor study has been initiated for this roadway segment at Dakota County's request. The final report is expected in September. The APC's concerns regarding development capacity and traffic issues could be studied by staff in conjunction with Eagan's participation in the MnDot corridor study. ACTIONS TO BE CONSIDERED The Council is asked to provide formal direction to staff regarding the APC's request and further clarification of the study scope if deemed appropriate. Suggested actions are as follows: 1. To direct the APC to proceed with a study examining where trucking operations should be located in the City and to identify ways to implement the proposed siting recommendations. 2. To direct staff to study the development capacity of the TH 149 corridor with regard to traffic- impacts and to identify improvements necessary to accommodate that development in conjunction with the MnDot corridor study. Lisa J. Freese, Senior Planner Ei MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Ylnnosft • ti # a IM Eagan !►urfa the Eagan City' C s Vii# . nday, November 6. 1995 at 6:00 p.n'f. at to Center. Prssent were Mayor. Egan and CoiirnctlQe 6rs Awada, Wachter, Masin "-Hunter. Al. Present were Cay Administrator Tom HedQesi;::Dtrector of Public Works Tom Colbert, CiommunRy Devetopansnt Director Peggy Rebhan, Park & Rerreatlori t3ftector Ken Vraa, Flnarwe Director Gene VanOverbeke and Cows Caordlntor Mile Reardon _ FISCAL BAPACT CONSIDERATION ON INDUSTRIAL DEVELOPMENT GonvruInity Development: Director U*W reviewed the vacant area north of Yankee Doodle Road, noting that there is only one industrial zone In EA1 She {!.Wed out and reviewed the locations of the current tuck temninats and distribution centers in Eagan.:.: the notoo., vat Director of Public Works Colbert recently idsad a meeting with the Minnesota Department of Tlepsportatiair, and Eagan was shownto be one of the largest trucking arras In the metro ara. The number of trud4a I firms .has escalated during the pest couple of years and staff has loft that a fiscal IrrVct study to ax @nine i res? c: on industrial development would pukie the direction for the type or kWustrW deveia for the community. Adminlentor Hedges reviewed some of the policy Issues to be considered, such as whether the Cay should allow an appropriate absorption rate for irxiustriai development or whether development should be market driven wkh lass concern for tend use compatlbW, the property tax consequences of removing 160 acres of inch] nab W property for public purpose; and the property tax Impact and land µse consequences of changing Industrially zoned property to residential. He reviewed a meeting he had w... ..W af-Woodbury who did a comprehensive fbosl impactstudy to detemnlne how their oommtmtty sh4µfQ:aeit'tijtt#ne year 2000 *thin the MUSA tine ar-ct various assumptions for developing outside their MM"I"Irmined the awed costs for certain tart! uses in correlation with operating costs. Dave MacGilttvray, of 8prrngsted, revtevV :# a;#pistwW considerations a development, comparing c w afar cases within the 1.494/1494 ft. He reviewed c'bitip4r#s *,d oommerctai/industrlal property and the credo ratings of the various ckkm In making the comparison, he notett Eagan is not deficlont to commercW/industrial property. He reviewed a table of taxes per acre for residential and non-residential property. D60LOWM followed ooncomIng the figures and how the concentration of trucking and distribution companies will affect the future d Eagan. Counctimember Hunter stated he feels the city shoald encourage more offices. -Administrator Hedges now that other Impacts Vuoldng and distributioncompanies will have is wear and tear on the roads, and the entire transportation system. Director a Public Works Colbert concurred, noting that targe trucks affect the deterbration uof the roadways and he is concerned about tt ori :uRAf tS! for Yankee Doodle Road trnd Lone Oak Road. Three we also operational chamcseristics a tee# irJthl:#e ;-ikich .as wide turning movenwU and kxnm*W *m for acceleration and deoetenrtion He has a" about hxvbV a trucking cornpaarny rod to #W Opus MW project, and the mix of traffic that wll%' Butt h the sraa. Admknbrator Hedges froted that tt t city' .Komi anWw 00nsid9rZtk n. The Council will need to disacas to issue of conditional Qpf i c icierrnber Masan . w bother the city pen enough use gemmas for �:ul#4l:•, askedi back from what trucking companies pay in fees: Olrecittbt'OF'AW:Works Colbert noted that the only rebate Eagan vots Is through dbbtxdbn of on by. which Is Very latter The motor vehicle axalse tax pars to the @feta Awada noted that the tucks art using mairnfy county roads and federal highways, so the impact *ft 00 Or a& Director a Public Works.Colbert noW that a bnl as much a Lmncial knpaa as k Y a aspadty i�amnxonay Development Dkector Ruirliit totei#t1se3::�•.Is the Courncil'a future knorerrnprdal dedsiorrs that VA affect how the rerrnaWng land develops;; yor Egan askeQ?�+¢nether the Council can Impose conditions on the and nod to the Opus project. Cornmuna b;i® olopment Dlrec &Aola ertsuggested the Council could disoourage ovdttlonal use pemnas for outdoor storagap;" area. Coumcl Amber Wachter concurred. He leafs Eagan hes wxxigh t wg ft oomparnlss. Omenn ;+A:wad? t the City not dump any of b crdirww s, but aRi r - ,F r �• �c y i- >71 - rict aIIow outdCOr storage In osrtalal 90I. Colmclmember Hunter gid. Community Derveloprrwt Director Relchert noted that k should be a p&W in the Compreh aloe Plan Courwilmember Wachter suggested On Councl go On record with that dKftk n,;;; Oarrsnuntty Development DI►ector Raictisft­ reviewed tie potslblity of creating a new IndustrW clauftwkn Iwsyor Egan indicated he supporta geog� o sslfuxtiona for image and capadty reasoirm CABLE COMMISSION RECOMMENDATION/PASS THROUGH OF PEG ACCESS FEE C=Xlmernbar Awada asked what the dty Is data about the possible breakup of the able monopoly. -She feels the city needs a backup In the everit that happens. She suggested Was get together and have theft awn system in place. Cable Coordinator Reardciwindleated do Cable Commission Is looking at that and It would be good to discuss k at ft Joint ffoaft ai tt40sble Coftftston and City CouncIL Councirnember Hunter noted that tt appears thR sWe company could hm-been chaing this flee an aloN. Cable Coordinator Reardon responded "'they cord: have charged it and We regulation came Into plaos. Discussion followed concerning the City pc.rf r� fA,ka: a ra, ber-v s. Counclmember Hunter noted that that 6 viewed by Moody's as totally risky, and the e :s � : ; reflect that. Oxmdmember Awada reiterated . - her concern about endLig up with no system, no money to fund 1. ars# no way to get one. IMP The rrwe#ing ad MMId at 6:30 p.tn to titre MgJW CcxmW moetnq- _ ON tip:... DLP Agenda Information Memo May 7,1996 N. EXTENSION OF PRELIMINARY SUBDIVISION - HAYES ADDN ACTION FOR COUNCIL CONSIDERATION: To approve or deny a request for a one-year extension of the Preliminary Subdivision for Hayes Addition subject to the existing/modified conditions. FACTS: • Hayes Addition was approved at the June 6, 1995 City Council meeting. • The conditional City Council approval on June 6 included the following condition: "The developer shall be responsible for all costs associated with the development's share of the storm sewer costs under Project 689." • The developer's share of the lateral storm sewer costs under Project 689 are estimated at $15,190. • City Contract 96-07 (Hayes & DeLosh Addition - Storm Sewer) requires the Hayes Addition plat to dedicate a utility easement for the construction of lateral storm sewer which connects the Bridgeview Terrace storm sewer system with the DeLosh ravine storm sewer system. ISSUES: • In correspondence dated 4-18-96, the Hayes Additidn developer has requested the City Council to remove the $15,190 lateral benefit from storm sewer charge from his preliminary subdivision approval requirements. • If the final subdivision approval of the Hayes Addition does not proceed, the utility easements necessary for constructing the lateral storm sewer system connecting Bridgeview Terrace with the DeLosh ravine storm sewer improvements would not have been dedicated to the City on the final plat of the Hayes Addition. • Without the necessary utility easement to construct this facility, the Hayes Addition lateral storm sewer system cannot be constructed at this time unless the utility easement was conveyed under a separate document. Not constructing this lateral storm sewer system would perpetuate the existing erosion and hazardous condition which currently exists across the Hayes Addition property. • The DeLosh ravine storm sewer improvements can proceed without the Hayes Addition lateral storm sewer improvements. • The approval of plans and specifications for Contract 96-07 (Hayes & DeLosh Addition) includes a contract provision which states that in the event the Hayes Addition does not proceed, the Hayes Addition lateral storm sewer portion of the contract can be deleted by change order without additional compensation to the contractor or additional cost to the City. • Require as a condition ofthe preliminary subdivision extension the utility easement necessary to construct the storm sewer within the Hayes Addition by July 1, if final subdivision has not occurred by that date. ATTACHMENTS: (2) • Letters from Brian Ha es, page an • Plat map, pagt__JU0*_ Y*,� • Minutes from -6-95 City Council approval, page 7-ouglt�qd a,? _� RFCF���� AP R 19 4996 04/18/96 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Attn: John Gorder Dear Mr. Gorder, Please review the charges addressed in appendix B of the report for Hayes Addition & Delosh Addition. Let me recap how this storm sewer project was brought to your attention. I currently live on the property that I am proposing to subdivide. The storm sewer that is currently in place is rotted and caving in causing a liability to the city and a potential hazard to myself and my three children. In addition to this, erosion is taking place along the banks. I asked that the city review the situation and to either repair or replace the storm sewer. The council agreed that something needed to be done. The engineering department recommendation exceeds my expectations by not only repairing the decaying storm sewer line but also adding to the existing line and tying it into the Delosh Revine. This was the recommendation by engineering and I agree it is a good solution. The problem arises in how to pay for it. The recommendation of the report is to have me pay for Lateral Storm Sewer benefits. My understanding is that this storm sewer being installed (In Hayes Ravine) is part of the trunk storm sewer system for the city of Eagan. I strongly disagree that any lateral storm assessments are applicable and will oppose these assessments through every means possible. These charges are also jeopardizing whether I will be finalizing the plat due to the fact that these lots are already devalued significantly by the airport noise and an additional $15,000 is not recoverable through the pricing of the lots. I am already being required to add a fire hydrant and water in the street for this project. Remember, I am only adding two lots! I believe that each lot is assessable for the trunk area assessment charge to the extent that the Delosh lots are charged. The only exception to this is Lot I Block 1 which I paid the trunk area assessment charge last fall with my building permit application. Please review this and let me know your position. Tharik you. Bryan V, Hayes AW 04/18/96 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Fax 681-4694 Attn: Shannon Tyree Dear Shannon, I notice that my final plat application is going to be due in a little over one month. Due to some unresolved assessment charges that I believe will need to be addressed by the City Council, I would ask to extend the date my final plat application must be finalized by an additional six months. Thank you. Bryan V. Hayes (99J-"Oo,* j is :: [ _ z ��► ir IT e i$: j W 1 � •3 ;h i I�+ ■■■Ln. era ,.,,.. i ` � '^ Q i ;+� . •. •I s.1 •a1•r� I..IAC 11■at+tr I.1. as+Na � ,. i 1= � �� ,� . i` 1 waat�r AIa a■TT1r. tweaa+a e■IA Afrlba ` : if e ' i�� •. •. •( awr NTa1M fae>rw ••. •. f�1 'laaw■1� ���.., `I� qaa� t7� eaw-plit '~ 3 W C _Z W • e+aa+Tr a�lw arr+►. aaras+Ir avla taTaa a twaaa•Ir M1• arm. r ` 1 .Y •1 aet •w.w aaeaab I Y ': a■` •ae■aeael Ia�C a•t fn •wrtTlwS Iaea1c � is e� e4■i. Q Wqw 6.0 M.P' at le pp Iw .■. , . � =w �'. '.. _ ••a "•' it - �!� dc 7/Ar J Jp SN 04( MND "• 1 AVLLI IL ,� •,- `0� : t � �o � J I•w � :: �c � I M IW 02 wa. owl w.oz Qcm I qL EAGAN CITY COUNCIL (MINUTES; JUNE d, 1095 _ j PAGE 8again in Eve esis. eemirmamity Beveiepment sireetep Reiehepo Fisted that iii this - ` ✓ neieeee-is disc ed for six months, unless another rental shop goes in within that six month period, the property loses the nal use. She added that this strip mall is unique in that doesn't have frontage on a main n�adway. Huller moved, WacMe nded a motion to approve the conditional use permit to allow outdoor storage of rental trucks in association a rental shop located at 4130 Blackhawk Road on Lot 1, Block 1, Blackhawk Plaza, subject to the following ' 'ons: 1. The site shall be maintained. 2. Outdoor storage/display shall be limited to four rental 3. The trucks shall'be parked in the four parking stalls nearest Lot 5, Block~t1khawk Plaza. PRELIMINARY SUBDMSION - HAYES ADDITION After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. She noted that Engineering staff recommended an additional condition that the developer is responsible for all costs associated with the developments share of the storm sewer cost under Project 689. The applicant is asking for a small portion of the street to be postponed because Highview Avenue is just a bituminous overlay and is in the 1996 Capital Improvement Plan to be upgraded. He would like it postponed and done as part of that overall project. Councilmember Hunter questioned whether the city can add a condition that they must execute a waiver of objection to those future assessments. Director of Public Works Colbert indicated they can; however, he felt that the condition as lt is worded would allow them more flexibility and options for the applicant to fulfill that responsibility. Councilmember Wachter expressed his disappointment that the applicant is filling in a stream. Usually, it is considered an enhancement to the property. Councilmember Masin concurred. After some discussion, Brian Hayes, the applicant, disagreed, noting that this is a storm sewer and the pipe runs down the middle of the stream and it is rusted through and corroded. He has petitioned for storm sewer for this area. The septic system for the house runs into it as well. It has been used as a dump for construction. He would love to see a nice stream running through the property, but it just isn't practical to clean it up. Considerable discussion followed concerning what could be done to dean up this stream and the installation of storm drain in the area. • Perforated pipe was discussed. Councilmember Wachter stated that the applicant is destroying a natural amenity, and perhaps someone would be wilQng to pay more to keep dL indicated he would Oke to see what could be done to preserve this stream. Masin concurred. Hunter moved, Awada seconded a motion to approve the preliminary subdivision for Hayes Addition, consisting of four single family lots on 1.925 acres on Lot 1, Block 1, Joseph Spande Addition, in the southwest quarter of Section 4, subject to the following conditions: 1. The developer shag comply with standard conditions of plat approval Al. B1, 82, Cl. C2, D1, E1, F1, G1 and H1, as adopted by Council on February 3, 1993. 2. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBa. 73. A notice will be recorded on each lot indicating that it is located within Metropolitan Council Aircraft Noise Zone IV. a 1? EAGAN CITY COUNCIL MINUTES. JUNE 6, 1995 PAGE 9 4. The development will be responsible for a cash water quality dedication. 5. The developerwill be required to submit a detailed utility layout plan with the final plat submittal that shows how sewer and water service will be provided to each lot. S. The sewer and water services for Lot 1 will be required to conned to Bridgeview Terrace. 7. The sewer and water services for Lot 2 will be located in the opening in the trees that will be left where the old garage will be removed. 8. The driveway connection for Lot 1 will be required to conned to Bridgeview Terrace. 9. The driveway for Lot 2 wig need to be located in the opening that wig be created In between the trees where the old garage will be removed. 10. The development shall be responsible for upgrading adjacent City streets to current City standards. 11. The final grades along the ravine will need to be revised to accomplish a maximum of 3:1 slopes in the backyard areas of Lots 2. 3 and 4. 12. The developer shad not grade within the wetland boundary. 13. The developer shad abandon all well and septic systems on the site according to Dakota County and City standards. 14. This development shag be subject to a cash parks dedication. 15. This development shag be subject to a trails dedication. 119. Individual lot Tree Preservation Plans will be required at the time of buildingigrading permit application. 17. The subdivision be platted. 18. Must meet with neighbors before the City Council meeting. 19. The developer shall be responsible for all costs associated with the development's share of the storm sewer cost under Project 689. 20. Applicant must execute a waiver of objection to assessments for adjacent street improvements scheduled In the Capital Improvements Plan. Aye: 5 Nay: 0 After introductions by Mayor Egan and Administrator Hed a Development Director Reichert gave a staff report. .Awada moved 4er c nded a motion to approve a preliminary subdivision for Kenneca Develo ng of 1.4 acres and two lots on Lot 6, Block 2, Cedar Industrial Park, subject to the 0 i Occupation Employer or Name of Businog 1 ii to_t Address City/State/Zip Length of Eml loyme t Occupatign Employer or Name of asi 19 tom R— Address City/Statezip Length of Em loyr &Attach dd4lonal sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic Yei No,2L. If yes. give information as to the time, place and offense for which convictions were had-- 8 ad:SList the names, resid um, and business addresses of three people, (prefer residents of Dakota Count ) of moral character, not related to the applicant or financially interested in the premises or business, who be contacted as to the applicant's character: 4 Address 1540C -<,-L )hr n PAIVI,� l � Business Address a•� L� i ! sd � L' (q 11 L2 O—L' Name—I . .v'�SCy U o -- d Phone i 2 "717-- 9 V 3 Address 1 ', ' , 0., BusinessAddress �� r .-"-5 3 B Lai. Atg 9 I.. S t �t Date: SubacriW and sw t4 before m this, t day of , ► 19 6 1) Note. bllo r a SUMNE L. RAIOtA i, L�Fr° tK"iTArtYPUDIIC•!9NNE80TA y3�RAMSEY COUNTY h''iY Commbsion Expires Jai. 81.2000 8.95 x i ;���► s Yll11 � l u'91.mN iWmttwe of Applicant !.7 2 { „ 4. !.7 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55,122 (612) 681-4500 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorooration and by-laws. Applicants Name (Business, Partnership, Corporation) Trade Name or DBA Business Address Business Phone Applicants Home Phone �7; 7 City County State Zip Code Name of Restaurant DOB License period From: To: S rc"_) N a corporation,give name,title,ad _ress,phone num",and date of birth of each officer. It a partnership,give name, address,phons number and date of birth of each partner. Partner/Officer Full Name and Title _S -72 <2 Address ! Business Phone Home Phone DOB Partner/Officer Full Nand Title Address Partner/Officer Full Name and Title Address N rd �d EK� Business Phone Home Phone DOB Business Phone -S ..SC7- S,5-714' Home Phone DOB S C� LICENSE TYPE: V" ON -SALE RESTAURANT ON -SALE HOTEL ON -SALE CLUB Lca Amount floor area Amount floor area/ Amount floor area/ dining room(s) dining room(s) 2 1/8 Number seating Seating/dining room(s) Seating/dining room //,t - /A Hours food available Hours food available s Hours food avaiable so. Number employees Number of guestrooms FOR CLUB LICENSE ONLY. Date of Incorporation: Purpose of Club: Number of members: Officers,Board of Directors,Man@ger: Full Name Address DOB Full Name Address DOB Full Name Address DOB CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 6814600 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws Applicants Name (Business, Partnership, Corporation) Trade Name or DBA Business Address City Business Phone Applicants Home Phone County State Zp Code Name of Restaurant Manager Manager DOB License period From: To: ff a corporation, -give name,title,address,phone numbers and date of birth of each officer. If a partnership,give name, address,phone number and date of birth of each partner. Partner/Officer Full Name and Title Address Business Phone Home Phone DOB V4�__ Partner/Officer Full Name and Address Business Phone Home Phone DOB Partner/Officer Full Name and Title Address Business Phone Home Phone DOB LICENSE TYPE: ON -SALE RESTAURANT Amount floor area Number seating Hours food available Number employees ON -SALE HOTEL Amount floor area/ dining room(s) Seating/dining room(s) Hours food available Number of guestrooms ON -SALE CLUB • Amount floor area/ dining rooms) Seating/dining room Hours food available FOR CLUB LICENSE ONLY: Date of Incorporation: Purpose of Club: Number of members: Officers Board of Directors Manager - -- Full Name Address DOB Full Name Address DOB Full Name Address DOB During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? Yes ✓No If yes, attach summons copy. Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local liquor law? Yes _L/No If yes, give dates and details. Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yesy No If yes, give reasons. Have you ever had a license suspended or revoked? Yes "o If yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? a-1 a 6,4,3 'e% -re n •A - of vendor Address # of Machines Describe proposed entertainment: 6. ee el �S-c/ Ab e c ,rireryC-// ridI f-yFEL �- e5Z-. DOCUMENTA Provide two copies of Articles of Incorporation for each corporation with financial involvement. Provide financial statement of net worth for all principals who have at least five percent (5%) Interest in the business, partnership or corporation. The statement must be prepared by a CPA. Complete a general information form for each business, partnership or corporation. Complete a personal information form for each person who has a five percent (5%) Interest in the business,partnership or corporation. Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action. Provide Certificate of Insurance covering liquor liability. 3 r/ �74 A2 I �- Date Applicant Subscribed and sworn to before me day of /tic , , 19 Notdry S -e _ , NE WAL?O my -seal-xpires':.�C- A F�i7�Yomm. Exp- Sen. 39 ,x440 POLICE DEPARTMENT REPORT Comments: Date Department Title Signature 9.93 -, � ��/�� .. �. � - , v i s . /_ -,i � � , +r� -� '� 't. APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD LAWS 1974, CHAPTER 206 STATE OF MINNESOTA) Cif COUNTY OF DAKOTA ) RECEll It' ED i,,5 _ DATE f 19 9G TO: County Auditor, Dakota County, Minnesota, I, the undersigned, Tare Wder p ltiesrjury: That I reside at e&6O-fffiA�' That I am not less than 65 ye rs o ag an that the date of my birth is s That I am the owner of the property legally described as: Property Identification No./c> s5 -3c,:9 Ag,a That my interest in the ownership of the above property was a4uired on ,/F 19k—andis as fnlla;as: 1. Sole ownership (Enter Yes, if applicable)¢� 2. Joint tenancy, held with 3. OTHER undivided interest (Specify) That on January 2, 19�iLor June 1, 1 I o ed and occupied the above property as my homestead and such occupancy began on 19 &y That the installm nts for improvements on the SPECIAL ASSESSMENTS duly do ted in ordin- ance by the OF d AS OFA�; 1 19 q -k— which have been al Gated against the subject propwrty would create undue personal hard- ship on my behalf and I respectfully request that payment be delayed and that such in- stal lme be so def red for the years 19q to SIGNED OWNER SPOUSE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I, E. J. VanOverbeke , Clerk of the City OF Eagan IN Dakota County, State of Minnesota, do hereby certify'that the application of Eugene & Reaola Miller above named, has been duly reviewed and that in ac=erdance with the: minutes of official record in said chambers was duly APPROVED or DENIED as of i9 That in accordance with approval granted, the SPECIAL ASSESSMENTS listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies.or the property loses its eligibility. ASSESSMENT D/P NO. TOTAL AMOUNT YEARS INTEREST RATE Street 2731 DATED 19 $3,224.88 15 Clerk or Authorized Deputy 7s (over) i Fees: UOQ investigation coon refundable) City of Eagan 1$50 license; 3830 P9ot Knc b Rd. :License Teim: July 1 -June 30 Eogan; MN 5 122 CITY Of EAGAN 681-4600 APPUCATION FOR MASSAGE THERAPIST UCENSE rax. 01-4612 This form must be filled out by typewriter or by printing in ink by the sole owner, the individual i eekimS a message therapist license. TRUF� NAME: `' fp, Lcj.. 1z 0 PSv _ OB:,�LJ; First IQ Middle MaidendAist i RESIDENCE ADDDRESS• d 1 ow i vs, i t) N 55 17 $treat City RESIDENCE PHONE- 4 Va o BUSINESS BUSINESS NAME•' BUSINESS ADDRESS -_1 S (D 5 Th 11 a s r -0"4—e"- Q a Street City n $tateozip I3) to161-- o StstelZip 1. Is the applicant licensed in any other community? Yes No-Ak— If yes, where - 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes N04 U yes, describe: Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage erapjst Association or other similar reputable taawmge essociation; or II b. A diploma or certificate of graduation from a school which is either accredited by a educational accroditis►g association or agency, or is licensed by the stints- or 1wA1 governme age�cy having jurisdiction over the whool. l C. A certificate of National Certification for Therapeutic massage and Body Work by the Natlodsl Certification Board of Therapeutic Massage and Body Work, an affiliate of American Mases There py Association. 4. If you have -ever used or been known by a name or names other than .the true name given above list such name(e) and.infosmation concerning dates and places used. 1}ontandsideviewphotographamust provid 5. Address(ea) at which you have lived during preceding five years. taegin with present or areas i ni addrei a.) No. 4k Street- City dt sttateJ Dates 1 i I 6. Des{upatibn history for preceding five years. (begin with present or most recent.) Occupation Employer or Name Businlse 4_q 'i �: ��� �,� X430 _ Pam �s �l� rrt�U �; �iW _ l.s q�tol 9 9( Address City/State/Zip Length of E . loym nt %%(,. I • :-T/2 �//, i Occuvation Employer or Name of Busir n. . 19 to_i Address City/StatelZip Length of Eml loym Occupation Employer or Name of Basis • 19 to Address City/stateaip Length of Em loym *Attach r ddiilonal shsr fs K necessary .. 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than trafflc Yea NoZ. if yes, give information as to the time, place and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota Count) of moral character, not related to the applicant or financially interested in the premises or business, who be contacted as to the applicant's character. Name r c, ' r' ("I ►I', LI Phone I.? ya A"__ 0 J'' :<>4. 11, , L411 f /V 1. suaineas Address �; � c n �� / Name `v�eSC' r` tea • Ci Phone J Z Address 1';L I �� c,' 6:6 i 34 BusinessiAddress r Nam,, -n.,, -64i\, CC' fcb, Phone - Address 3 -," c -q BusinessiAddress �9 le:c4 '� U NSj5 hl Date: SubscrilAd and sw t4 bsfOrA iri this t day of 1 19� 1) Nota blio 1'AI►'1�.Ny1. �. , %Vvv% Mx • y i;; .-•w' E;C7,�.RY "t.��ll^.•�!INNESOTA • -> RAMSEY COUNTY `" Iy Camnreien ExP ires Jaa. 31, 2000 5.85 ' rw^^ti^nww �vwwyx i of Applicant Rep�tEM ,1R �/YFM YM n. . 4 .s�atw4i,i Ca4ftVA A Ser is •. s. - r -. o-; o- '; � .. ,// 7 city► of czagan police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Patrol & Investigation JAMES SEWALD Captain Administration 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE: (612) 681-4700 TDD: (612) 454-8535 -PATRICIA AWADA FAX: (612) 681-4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator Date: April 30, 1996 E. J. VAN OVERBEKE City Clerk To: Eagan City Council From: Detective Doug Matteson Subject: Massage Therapist License I. Introduction I have conducted a background investigation for an application for massage therapist license on Jessica Lynn Kittleson dob 11-15-75. Ms. Kittleson has made application to conduct massage therapy at Lifetime Fitness, 1565 Thomas Center Drive in Eagan. H. Background Checks Criminal history checks were run with the St. Paul which is listed as her place of resident for the past five years. In addition, N.C.I.C. and B.C.A., drivers license, and warrant checks were completed. All of these queries came back with no indication of any criminal record. She has completed the necessary training from the Minneapolis School of Massage, Inc, which is a business or trade school licensed by the State of Minnesota. III. Conclusion. A review of the application shows that all proper documents have been submitted with this application. Based on the above information, I find no reason to deny a license for massage therapist to Jessica Lynn Kittleson. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer