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,
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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?
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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
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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.
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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
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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
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EAGAN, MINNESOTA FIGURE 3
SAFARI AT EAGAN 3RD ADDITION
CITY PROJECT No. 699
L:\49\49574\49574FO4 MARCH 1996 COMM. 49574
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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 $T Q4
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_ -
— PETITIONER'S PROPERTIE
city of ccagan
Report for
T.H. 3 Service Drive
and Hall Street
Sanitary Sewer
and Water Main
Improvements
City Project No. 700
Eagan, Minnesota
March 1996
File No. 49575
11
Sonestroo
EDE
Rosene
Anderlik d
Associates
Engineers 6 Architects
St. Paul, Minnesota
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
March 5, 1996
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Bonestroo. Reseno. Andvrhk .rnd AssoC'Xes. Inc. is on Affirmative Acrion •Equal Opportunity Employe
Principals: Otto G. 8nnesrroo. PE. - Joseph C. Anderok. P.E. • Marvin L. Sorvala. P.E. •
Richard E. Turner. PE. • Glenn R. Cook, P.E. - Thomas E. Noyes. PE- • Robert G. Schumcht. P.E.
Jerry A. Bourdon. PE. • Robert W Rosene. P.E. and Susan M. Ebertin. C.PA.. Senior Consultants
Associate Pnncrp.tls Howard A. Sanford, P.E. - Keith A. Gordon. PE. • Robert R. Pfefferle, P.E. -
Richard W. Foster, P.E. - David O LOSkota. P.E. • Robert C. RU$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.
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L:\49\49575\49575FQ4.DWG APRIL 1996
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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
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13
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CAROL STREET ►
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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-
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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.
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INFORMATIONAL MEETING
;ROJEC't` N�3 680; CLIFF ROAD UPGRADE
THURSDAY, MARCH 28, 1996 - 6:30 P.M.
NAME
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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
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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.
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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
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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
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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
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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
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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
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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-
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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,*
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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
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!.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