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01/16/1996 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING MUNICIPAL CENTER BUILDING JANUARY 16, 1996 6:30 P.M. I. ROLL CALL be 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) A. Donation from Lions Club to Police Department for Defibrillator V. CONSENT AGENDA (PINK) �• l A. PERSONNEL ITEMS p ?j B. PLUMBERS LICENSES p S C. RECOMMENDATION, AIRPORT RELATIONS Commission, Off -Peak Corridor Crossing ' Procedures D. RECOMMENDATION, AIRPORT RELATIONS Commission, Dual Track Airport Planning "StfF. Process EIS Comments .SZ� jE. CHANGE ORDERS, Municipal Center Expansion RESOLUTION DENYING McG's Convenience Store Conditional Use Permit to Allow Motor Fuel Sales sr? G. ACCEPT RESIGNATIONS, Advisory Commissions H. MASSAGE THERAPIST LICENSE, Paula Chase and Roxanne Carr/Beseman .12C) (r( I APPROVE closing and transferring of assets and liabilities of certain funds �(p3 J.. VACATE Utility Easement, Receive Petition, Schedule Public Hearing; Poppler P''' // Homestead Addition ,(.OLVK. PROJECT 700, Receive Petition, Authorize Feasibility Report; Carol and Hall Street Sanitary Sewer and Watermain �8 L. P APPROVE 1996 Fee Schedule for Engineering Services, MSA, Inc. 96-02, Plans, M. CONTRACT Approve Authorize Advertisement for Bids; Well #18 p10 Pumping Facilities and Site Improvements N. APPROVE FINAL AGREEMENT with Gopher Smelting, Land Exchange for North Park .?Z 0. CONTRACT 93 -VV, Acknowledge Completion, Authorize City Maintenance, Town 3 centre 100 Twelfth Addition, Mann Theatre P. FINAL SUBDIVISION, Town Centre 100 Sixteenth Addition (Allina), located on �,7 S the southwest corner of Yankee Doodle Road and Lexington Avenue �•� Q. APPROVE JOINT POWERS AGREEMENT, Pavement Marking, Sweeping and Sealcoating (OR. FOOTING AND FOUNDATION PERMIT, Bob Martin Trucking Phase 2 •VI. 1995 CITY COUNCIL ORGANIZATIONAL BUSINESS P' 70 A. Advisory Commission Appointments f -*E. Council Meeting Procedures n g1 B. 4g C. Acting Mayor g' F. Standing Committee Appts. Legal Newspaper Other Appointments P$� gy/G. D. City Council Meeting Schedule P VII. 7:00 - PUBLIC HEARINGS (SALMON) .JD -A. PROJECT 694, Eagan Promenade Streets and Utilities 9t.3 B. PROJECT 695, Yankee Doodle/35E Corridor Improvements -OQ C. PROJECT 636R, Poppler Lane Streets and Storm Sewer ��`DtD. VACATE Farm Road Public Right-of-way (To be Continued to Feb. 20) p' VIII. OLD BUSINESS (ORCHID) PROJECT 699, Receive Petition, Authorize Feasibility Report, Safari at Eagan 3rd Addition B. RESOLUTION AMENDMENT pertaining to Outlot C of Great Oaks Addition located Ilr north of Woodland Court and south of Great Oaks Trail C. RECOMMENDATION, Solid Waste Abatement Commission, City Code Amendment, Section 6.37, Residential Refuse and Recycling Collection Requirements IX. NEW BUSINESS (TAN) A. REZONING, Peter Ramstad, from Agricultural to R-1 Single Family and I PRELIMINARY SUBDIVISION, Fox Forest Addition, located on the west side of Lexington Way, just north of Diffley Road j0B. REZONING, Wobken Walsh and Noreen Architects, from R-4 Multiple Family to �R-2 Duplex; PRELIMINARY SUBDIVISION, Wescott Hills 5th Addition; and VARIANCE of 7.5 feet to lot width requirement of one lot on property currently platted as Wescott Hills Revised 3rd Addition located south of Wescott Square Road in the Northeast Quarter of Section 14 I� =�• C. REQUEST BY Bea Blomquist to address Minnesota H.F. 833 regarding Comprehensive Guide Plan/Zoning Map X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) %III. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan in committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 bourn is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 119 1996 SUBJECT: AGENDA INFORMATION MEMO FOR JANUARY 16, 1996 CITY COUNCIL MEETING After approval of the January 16, 1996 City Council agenda, the December 12,. 1995 and January 2, 1996 special City Council minutes and the January 2, 1996 regular City Council meeting minutes, the following items are in order for consideration. MINUTES of A iw'NO OF THE E�i�;i�r;-cn•r �atrrrci�; Rogan, Minnesota .... :-Omuary 2, 1996 A regular meeting of the Eagan City Cd"'wns.Wim: Ciesday, January 2, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor EgaWAi[ Wachter, Awada, Masan, and Hunter. Also present were City Administrator Tom Hedges, Coriimunity Development Director Peggy Reichert, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke and Assistant City Attorney Mike Doherty. Administrator Hedges noted two' Qtxf:i�lgenda, those being the Fire Department pension changes, and direction to the City Attomey's Ods regardktg:an ordinance change and pal'scy changes as a result of the said Waste Abatement Cornmissiori-iriieeting. Wachter moved, Awada seconded a motion to adopt the agenda as amended. Aye: 5 Nay- 0 Councilmember Hunter requested an amendment on page 5, paragraph 3, to read, 'Sidewalks take property away, may put the onus on adjacent property owners for snow removal In the future.0 He also requested that language be added on page 9 verifying the amount to be paid by Opus. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 .. ce?>1Gi Masin moved, Wachter seconded amotktri fti eppr<i vi :.#* minutes as presented. Aye: 5 Nay: 0 .r DALE Nll! � M:: ER FIRE CHIEF Mayor Egan presented a plaque to Dale Nelson for his years of service to the community as Fire Chief. CMC ARENA PRESENTATION, ST. PAUL BUILDING AND TRADES COUNCIL Dick Arnfang, of the St. Pau! Bugdirfg:asxf: des; puc�....presen t a check to Pat Dill for the Civic Arena, on behalf of the Building Trades Counb� Sk sit !f nal; tQ;:Irvhworkers 512, Laborers Dist. CL, Pipefflers 455, I.B.E.W. 110 and Building Trades Market Recover�r, .which represents that portion of the volunteer work the Eagan Civic Arena Fundraising Committee was 10'*have p omned, but was completed by the arena contractors. Mr. Dill expressed his appreciation to Mr:iATifang fok ..s help in resolving matters associated with the Civic Arena Mayor Egan presented a plaque to Mr .&nfang fc tbeir participation in the Civic Arena project. Counclmember Masin indicated she will be abstaining on item A. #2. In regard to Item D, f =rarct 94-L. Coun0member Wat*Or rated a correction in the cover page. In regard to Items I and J, Ando r�g,for ,QTP my ds. Counamember Hunter asked whether approving this binds the city to anything.car.'*bfP1A Colbert responded that this supports the application, but the city can pull out at any fkrie: In regard to Item L, Contract 95-07. Cournc6member Wai;3iftr asked why the railroad crossing pavement markings and concrete driveway apron were omitted, and Directo'i';if Public Works Colbert gave an explanation. In regard to Item N, Project 6.99. Councimember Wachter Indicated a concern about the letter from Byron Watschke suggesting the costs of preparing a feasibility study should be city expense. The city has EAGi N CRY COUNCIL MINUTES; JANUARY Z, IM PAGE 2 never done this before and he doesn't agree to.the city paying for this. Councirnam' ber Hunter concurred, and suggested that whenever a city form is altered 0.an applicant #06buses a change from policy and expends Public dollars, it shouldn't be placed on the c nt.agenda,..A t:some discussion, Council consensus was to continue this to the next meeting. In regard to Item O, Casl Particluall2apertment. Counci member Wachter stated he feels this Is a duplication of payment. He felt the city would be geaing this free when it joined the Dakota County Economic Development Corporation. Community Development Director Reichert reviewed what Oils fee covers. Councdtme. a Hunter disagreed that this is a duplication of fees. The base map is completely different than the zc!014*+d: Wwmation that is put into the GIS system. A F_Mtnnel items Item 1. It was recommended to approve the hiring,Of. &rk Ref iW, Stanley Schneider, and Dave Downs as seasonal Parks Maintenance personnel. Item 2. it was recommended to approve the hiring of Jason Berger, Mark Fischer, Jake Groff, Terry Johnson, Randy Kane, Lenoma Little, Crystal Luck, and Ryan Rausch as part-time seasonal Winter Recreation Leaders. (Counclimember Masin abstained on this vote.) Item 3. R was recommended to approve the Parks and Recreation Department 1996 Seasonal/Temporary Compensation Rate Schedule for parttime:; eonal winter and summer program leaders and assistants, concession stand workers, senior program ''d—W if:arid. preschool program instructors and assistants. B. Plumbers Licenses. It was recommended Hearing, Inc.; D C Mechanical; Dalby Plumbing; Plumbing, Dick; Nasseff Plumbing and Heating, Plumbing Co. Inc. as presented. vers licenses for AAA Abott Plumbing & xtractors, Inc.; Hutton & Rowe Inc.; Motz Roseville Plumbing & Heating and Valley C. Q`,.ontract 95-H. Oak Cliff 8th Addition. It' -was recommended to acknowledge completion of Contract 95-H and authorize perpetual City maintenance subject to warranty provisions. D. Contract 94-L. Rooney Addition. It was recommended to acknowledge completion of Contract 94-L and authorize perpetual City maintenance subjQpt.to -"rran1 provisions. E. C ct 93-H. Whispgring Woods 9tti Contract 93-H and authorize perpetual City imended to acknowledge completion of warranty provisions. F. Contract 94-13. Change Ordet f 2. Municloal CenQ.-titeIt was recommended to approve Change Order #2 of Contract 94-13 and authorize the Mayor ari 'City CleWo execute the appropriate documentation. G. Chane Order. Municipal Cerner expansion. It was recommended to approve the change order for the Municipal Center expansion as presented. H. *dze Police Deartment to lR=e Special Hunting P-fts It was recommended to authorize the City Attr mys Office to draft necessary changes to the Code OT,10rdinanc es to allow the Police Department to approve special hunting permits. . I. DLE&Mod Drive interchange ResolW=' : it ;: to approve a resolution supporting the appikation for Surface Transportation Program funds &M466o 9 the Mayor and City Clerk to execute all elated documents. J. T.H. 13 Corridor Improvements Resolution. it was recommended to approve a resolution supporting the application for Surface Transportation Program funds and authorize the Mayor and City Clerk to execute all related documents. ......... EAGAN CITY COUNCIL MINUTES; JANUARY 4 INN .......... .. ........ ... PAGE 3 K Contract 96-03 It was recommended t6 J :ieoelve the bids foi 96-03, award the contract to the lowest responsible bidder, and authorize the *pr and City 003b execute all related documents. L Contract 95&7, Nicols Road Street ImRMyjh�"*.'- It was recommended to approve Change Order #2 for Contract 95-07 and authorize ":WVdfind City Clerk to execute all related documents. M. Bonestroo. Rosene. Anderlik & Associates Fee Rates -1996. it was recommended to approve the proposed IMB fee rates for Bonestroo, Rosene Andedik & Associates. [Mir" 7777 O. CA)d Participelon Agreerrient, Dakota CouBW Lmhdjnj� Qtpammrvi. It was recommended to approve a cost sharing agreement for serial photograp0.y,.,pWog%"ry hardware and software, and training and maintenance with the Dakota County Survey qi*':Wnd Inf60ftflon Department for the updating of the WA -06r nty.tW'Authorize the Mayor and Clerk to execute City's GIS planimetric and contour data basq:IK439 . ...... all related documents. ........ ....... P. 1995 Star City Annual Recognition of Continuing Partici ion. It was recommended to approve the 1995 Star City Annual Report and adopt the 1995 Star City Resolution. Q Fire Degartment Pension Changes, it was recommended to approve the Fire Department pension changes as presented. R. Ordinance Change. Solid Waste Abate en §Atem. It was recommended to direct the City the Code of Ordinances and policies regarding 4 Hunter moved, Wachter seconded Nay. 0 I staff to prepare necessary changes to solid waste collection system. the consent agenda as presented. Aye: 5 Mayor Egan noted the passing of Paul Uselman, who served as a local official for Eagan Township, and the Council observed a moment of silence In honor of his service to the community. CONDITIONAL tiii:**P"iW"t"T":'**iii iiANLE REAL ESTATE Community Development Director Reichert g6i* a staff .-i�iort. John Tmutz, of Reliance Real Estate, urged Council approval. Councilmember Wachter:"*ed wh0her the materials will be compatible with surrounding buildings, and Community Development likictor ReWiirt responded that staff will be working with the applicant on those details. Councilmember Hunter expressWa concern about drive-throughs, but feels the traffic problems are mitigated In this case. Hunter moved, Masin seconded a motion to approve a conditional use permit to allow a drive-through window for a 3,000 square foot Schlotzskys Dell restaurant at 1340 Town Centre Drive, subject to the following conditions: 1. The conditional use peffnk shall be recorded at DakW:County within 60 days of Counci approval. 2. The brick building shall be coroWoo-to b9 co );*tV with the adjacent I(Inko!s/Payless building on Lot 2 and the area In gem -.06tural details of the building subject to staff review and approval prior to release of the =di6isl use permit for recording at Dakota County. 3. The applicant shall provide revised building eIeva664:'d'rawIn9s; showing buldIng signage only on the north and west sides of the restaurant. EAGAN CITY COUNCIL MINUTES; JANUARY 2, IM PAGE 4 4. The developer WWI provide dc for review and approval by the 5. The applicant shall provide revised't right -d -way In relation to the wdstlng Aye: 5 Nay* 0 CONDITIONAL USE of the crOft-Darkina easement between Lots I and 2 mdely reflect the odstJng Town Centre Drive the applicants property line. CONSTRUCTION COMPANY Community Development Director R~*&ft**tAff:i% came before the Council earlier, but was denied. The *fount of 40 to 20. A berm with significant landscaping Is propos±Qd to be t discussion followed concerning the type and size of _kOft propo Director Reichert noted that the nature of bwb* .1 0 .. ......... warehouse facility. This Is a now plan and:"16:i1gn"::; Planning Commission felt this was a great Improvement ovel Dougherty confirmed that this Is considered a new request. �qd. She noted that a conditional use permit i6000r storage of bucks has been cut from k in the 30 foot setback area. Considerable 0010 be planted. Community Development 0' from a trucking business to more of a wknges, it Is felt this Is a now request. The the original plan. Assistant City Attorney Counclimember Hunter pointed out that the trucks will be visible for 8-10 years until the trees mature. Counclimember Awada stated she feels this Is a greatly Improved plan. The truck parking Is cut by 50% or more, and although the trucks will be virJbIe3mol-few years, she feels there are worse things that can go next to a freeway than trucks. Hunter moved, Awada seconded a motk)q4o ap .. provo 0onditional use permit for Ballard Moving and Storage to allow outdoor storage of semi -trucks OM trailers ,on -4091.3, Block 6, Eagandale Center Industrial Park, In association with a proposed 63,000sgi ..A f ai/Warehouse building to be located at the southeast Intersection of Center Court and YV .4.'qMft-#6'ad, subject to the following conditions: 1. The conditional use permit shall be recorded at Dakota County within 60 days of Council approval. 2. The developer shall combine Lots 1-3, Block 6, EagarKiale Center Industrial Park into a 1049 tax parcel. .......... 3. The developer shall enter Into ........ -.0ty regarding Implementation of the proof of parking. 4. Screening of the truck/traller storage shall provided as shown on the Preliminary Landscape Plan dated 12-8-95. & An on-ske water quality pond shall be provided as shbiNfl on the Preliminary Grading, Drainage and Utility Plan dated 12-8-95. Aye: 5 Nay. 0 Administrator Hodges reported on.s:s4ft.1p be unit ..., ; ml .:be Is serving on relative to LGA and HACA .... p reform. He also reported on the leglslativ�-* a -"nty. Director of Public Works Colbert Indicated they are ooiffihulng to allow Opus Corporation the option to do the Internal Improvements for the Promenade project to be done privately. Historically, the applicant has been allowed the option of doing the project publicly or privately. By allowing the project to be dorm privately, EAOAN CrrY COUNCIL MUTES. JANUARY 4 IM PAGE 5 part of the Wirect costs associated with publid J about $43,000. He asked whether the Count A she feels that was part of the deal and doeSnTf0 whether pan of that has already been reimbursed that bemuse it has been petitioned to be a public established to cover the costs associated with I esseawwrit& Counclimember Awada stated sl rovements will- " be realized by the city, which will equal wants to allq*#W option. CouncUrnember Awada stated the. city W..:*.r*g9 on that. Councimember Hunter asked qW. Director of Public Works Colbert Indicated I . 0fdv6ftk there have been no billings or escrow accounts blic design because that would be covered under special feels Opus should reimburse the city for Inspection and design. Discussion followed concerning what Council fees should be reimbursed by Opus. The C.WNVca would have the option to construct the Intenj*O�pev Administrator Hodges reviewed the number whether the Council still wants to Interview them on an January 15. He also pointed out that evaluatlory direction was relative to this and whether any of these menus was that the agreement made was that Opus rft.10'city boards and commissions and asked 15. The consensus was to keep the Interviews on:*W to all current commission members. Administrator Hodges Indicated that:hG:AdSTW TftiCaponi that the Council will not be having any more meetings until further notice regarding the art park. He asked whether it Is the Council's Intent to have the Caponi Subcommittee continue to meet. The consensus was that the subcommittee should not mixg until further notice. Mayor Egan Indicated he got a complaint from a constituent about landscaping on the Summerplaoe 3rd Addition development. Director of PubW*wks Colbert Indicated he Is doing some research and reviewed what he has learned to date. He noted thaf iii 'ik.Ow. money was released on this project, and It Is felt it Is a private matter between a homeowner, builderi id1&'4q* %.-.Administrator Hedges noted they will follow up with the homeowner, and will draft a letter to the.develop0r-*.-:::--'-'-.. Councilmember Masin asked what happeiW.d:wft Owbutsion . . P'ft " '' I of public vs. private road construction. Administrator Hodges noted that will be part: -_0*#*-''*'** program that will be worked on this month. Counclimember Wachter remindedresidlents that they cannot push snow from their driveways and sidewalks onto the streeL lila: checklist dated December 26, 1995 In the Wachter moved, Egan seconded sf:m i ....... Ioi* -.P" amount of $282,677.12 and the checklist the amount of $782,830.17. Aye: 5 Nay: The meeting adjourned at 8:00 P.m. DLP Date City Oerk #you need these minutes In an aftemoVe form such as Avge braille, audio ", sic., please contact Me City of Eagan, 3830 Pilot Knob Road, E.Van,-*W::.4ff .6YA:-(6j2) 6814600, (TDD phone: (612) 45* -8535). The City of Eagan Is committed to the policy'tha *'iii*'p'**s***r.**t"o*"*'=*'*'*'n"*a*'Ye equal access to Its programs, services, activities, facilities and employment wNhout regard to race, colontraed, religion, national origin, sex, disability, age, marital status or status with regard to public asslwance.':--*-*-*-x- MINUTES OF-A-6PEOW-1 E - 0 OF THE EAA . AE Minnesota member 12,1995.:-:.-.: A special meeting of the Eagan City Co=fi��*Tuesday, December 12, 1995 at 7.00 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Counelmembers Awada and Hunter. Absent was Councirnember Wachter. (CounclImember Masin arrived at 7:08 p.m.) Also present were City Administrator Tom Hodges, Director of Public Works Tom Colbert, Community Development Director Peggy Reichert, Finance Director Gene VanOverbeke and Parks and Recreation DirWor Kan Vraa. REVIEW DEVELOPMEW'PROPOSAL--SV,-VA)TTLUND HOMES Administrator Hodges Introduced this kern as..;1:,.proposal.for the development of the Bleter property. Community Development Director Reichert added that .s W .; a concept proposal, and It Is Important for the Council to miss major concerns at this time. AdmInIsM. :dW concept presentations do not constitute ........... approval. Todd Stutz, President of Rottlund Homes Minnesota, gave a presentation on a proposal named Hunter's Points, a planned community for the 125.45 acre site known as the Sister property. He noted this property is presently guided for D-11, Mixed Residential, 0-6 units per acre, with the present zoning as Agricultural with 2.5 acres zoned Retail Business on the southwest corrw,.of the site. Their proposal calls for 315 housing units on 117.51 acres, and 7 acres of commercial development:. -*.-V-.- v4spsky as proposed Is 2.68 units per acre, which Is consistent with single family densities. He reviewed som64-ih.g--. reippment Issues, such as the perception of the housing market and housing types, Johnny Cake Rcqd 'ailgtiarieci;,:::.city . water tower, school access, wetland preservation/water quality, tree preservation, naturot:*urss;'CAogFaphy, and the commercial developmem He noted they would like to make this one of the bed, 4fr developments In the Twin Cities. He noted there are five housing types fty'- v-6616111ke to develop on this site. The custom single family home neighborhood would have custom floor plans "2',8D0 -4,0D0 square feet, the majority of which would be two-story homes with brick, stone, stucco and wood siding exteriors. The lots would be 85-100 fee In width, with a front yard setback of 20 feet to the garage, and a side yard setback of 5 feet to the garage and 10 feet to the living area. The price range would be $200,000050.000 and they are proposing these on 59 W49 family detached lots. The lodge series single family home 061' * #0*'#Wd ... §.hlX .. :be the same = the custom single family home .......... -2,8W square fee, neighborhood, except lower In price and on g M! . . . phns range In size from Z200 with the majority being two-story homes with brick, ston%.:qtucoo, wood trim and maintenance free siding exteriors. .... 'Wands and entry monumentation being owned The single family lots would have private ownership, with:0-de-saq.A. in common and maintained by a homeowners assoclatIM;i: The lot.'*J�e would be 65 feet In wkfth, with a front yard setback of 20 feet to the garage, and a side yard sstba6k�if 15 %4'between buildings. He noted that using these setbacks will preserve some of the Uses and natural features on the The price range will be $180,000-$250,000, and are being proposed on 57 single family detached lots. He added that slightly over a third of the project Is proposed for single family homes. The cottage detached townhome neighborhood Is a slngle.l.w-ei maintenance free alternative to single family homes. it Is a detached townhome with no common wails. The III range from 1,350-1.600 square feet with two car garages and exteriors of brick with wood trim and nuht6ftnoe fres siding. The front yard setback Is proposed at 20' to the garage, and 12-15 fe4t*t0,~ -..::The price range Is $130,000,$170,000 and Is proposed for 63 detached townhome lots. The village detached tdwnhome neighborhood Is for deW&ied townhomes with no common walls with a square footage of 1,200-1,600, and brick exteriors with maintenaM6" free trim and siding. These are proposed as townhome lots with homeowner association ownership of surrounding common area. The front yard setback Is EAGAN SPECIAL CiTY COUNCIL MINUTES, DECEMBER a�:a6tl6c•:::: :::::::::::::::::::•:: PAGE 2 proposed at 20 feet to the garage and 10 feet b itween structures. •tt4 price range is from $120,00D-$1 60,000 and Is proposed for 44 townhome lots. The viiia attached townhorne neigh.&12 unit butting configurations with square footage of 1,128-1,300. The exteriors will be trick w;[ffaee free trim and skiing and will be condominiums with homeowner association ownership of comm- n areas. The price range will be 580,00041 10,000 and 92 units are proposed. He noted that this deveioprnent would provide. the city with the missing connection between Diffley Road and Deerwwood Drive. He stated that they haveect iNalfc:;city to provide access the water tower site so they can begin construction. This development w1' tit native access point to Deerwood School. He noted that water quality ponds matching the Comproensive Pla :wll augment the wetland system to control storm drainage and flooding. Their goal for the site Is to O..velop the :property with tree removal below the maximum threshold allowable by the City's tree ordinance. They,.h'W4*:desig %* project to save individual trees as well as wot dWM areas to preserve the natural amenities:��'gi :a1E :�tS: ±91f els habitat for wildlife. They Intend to retain as many trees as possible, which is why some v9& woui Iiiiieeded for setbacks. The natural features of the site also resulted in the lower density of 2.68 units per acre. The higher densities were concentrated In areas where natural features were less. Areas of wetlands and tree concentrations are preserved. He then reviewed the plans for the seven acre commercial site on the corner of the development, which Is planned to be developed Into retall or oomr»ercial uses In a tastehdly Integrated center which will serve the Immediate residents of Hunter's Pointe as welt. "".:as, areas. Discussion followed concerning how the denSltyVas:and the types of uses anticipated for the commercial area. Community Development Direct... Rek heit'�iJskQd,Mr. Stutz to explain why they are proposing to deviate from single family standards and why srWer lote:argp'vposed In the front and how it Is perceived by the market. Mr. Stutz explained that they are askin ftif :siii (Ilia0 setbacks In the front of the single family homes to save trees. Community Development Directorill i6ititdfed this has been allowed In the past for tree preservation. She noted the Council could require fewer Icits:"Alar. Stutz responded that the project needs to be economically feasible. The goal In designing this project Is to stay below Use removal limits. The purpose of a planned unit development is to allow more flexibility to do that. Administrator Hedges noted that when this was presented to the Council last month, they expressed concerns about the commercial component, the reduced setbacks and lot size, and density. CouncOmember Awada noted that this doesn't meet the city's standards for residential development. A Jot of variances would have to be granted un> :thla: putt; :uh,:.Stutz noted they oWd build these units without the setback variance, but a lot of trees would ba hist ©IC#tst':#':iblk: Works Colbert asked whether they could have a 30 foot setback just for the garages and not the Ilvkag area, Mr. Stutz responded that a lot of trees would still be lost. Counclimember Awada noted that when she wab*st electbcf : one of her main concerns was that there was too much high density housing. The Council did some downzohhi and she Is still very concerned about high density. She noted that only a third of this project Is proposed for single family homes and only 18% meets the standards for single family without variances. Mr. Stutz responded that 2.68 units per acre Is very traditional for single fainly hornes. Counclmember Masin Indicated she has a problem with all of the monumentation proposed. tt doesrn't create a neighborhood feeling. Counclimember Awada #toted she likes the monumentation. Mayor Egan asked how much of the acreage conforms to the single family hof+atandard of 85 foot lots. Mr. Stutz responded Uwe are roughly 30 acres. Discussion followed concerning tree Idft Community Development Director Reichert expressed a concern about the detached tai%* tr:t .;tsars~ are narrower streets and smaller lots, which raises Issues such as what to do with cars, 9W*::: that they could attach the townho mes it the Council wishes, but they feel they are more marketable as detached units. Community Development Director Reichert Indicated a concern about having some public roads anid4bme private rads. She feels there may be an issue with these people all paying the same taxes, but some of t having to pay for snow removal In addition. EAGAN SPECIAL CRY COUNCIL MINUTES; oecEmaER t�;• iQQ$::::::::::::::::::::; PAGE 8 Councilmember Awada stated she favors the sire family housing 8ci some of to. detached townhomes, but not the condominiums or commercial area CouncNmember Hunter stated this comes*.th :4a: - A lot of trees wuld be saved if it were all W49 family also. Councllmember Masin stated thsit'tl!if -*040" ns to be sensitive to the arwironment, rather than doing a lot of grading. Community Development Diredor Rek�ert noted that the Council has been receptive to some clustering to save trees, but this needs to be reviewed very carefully. Parks and Recreation Director Vraa asked whether the park is Intended to be public or private. Mr. Stutz stated they haven't decided; however, they have been given the direction that the city Isn't Interested in those park areas. The Council reiterated their concerns aboLd the density and the conunercial oompor . ................... VISITORS TE HEAIft: (At this time, Counclimember Wachter was oontad6} by telephw* to participate In this discussion) Michelle Foster, of Opus, Indicated they are askingfoF:::o4ieratbn; t,:#tie Council's decision on the infrastructure allocation for the central area improvements. did[hi fee 0...jf:#iied an opportunity to clarify their position and philosophy as to why a different allocation Is appropriate. She noted that this project Is going to have a very significant financial benefit to the city. It will generate $1.3 million in real estate tax dollars and $1.1 million in deferred assessments, which will need to be paid immediately upon Initiation of the project. It will also create.a number of jobs. There Is strong public support for this project in the community. They have tried to meet the OHvQs set out by the task force. The reasons for asking for reconsideration ai :fact that there are significant traffic problems on Yankee Doodle Road which have nothing to do with his projei arid.exist today. She doesn't feel Opus should have to pay for that. Dakota County has allocated over milllpn:fQr ida:#frojed and none of those dollars have been factored Into this project. This is dearly the most i auii '#if�liest and best use of the property. it will be much more difficult for another project to absorb speCiats$$ssirlents and cnssts of the infrastructure. She feels they need to work together on a solution to get the baid:project possible. She doesn't feel they should have to pay for hifrastructure that others will use and benefit from. Those should be paid for by the community at large. They are willing to pay for 42% of the excess capacity that they will be using. She also feels their approach Is an economically defendable approach. They would be willing to pay $4.9 million of the Infrastructure improvements for the intemal and external portions. it is more than the original estimate, but they are prepared to do that and can defend that from their project prospective. Thvyv4l:-pas k:!hr u as:much of that to their tenants as possible and feels they have already done that. The altemsiiliie:ttticfsilitied;l:at the last meeting doesn't work for Opus. Administrator Hedges noted he received two lett; in supp;irt of this project --one from Carl Olson and one from West Publishing. Councgmember Masin asked ab W the $2::Ilion from the county and Director of Public Works Colbert noted that typically, the county Is the leadi jency oft. provements to county roads and 45% of the project Is dry responsibility, which Is funded by the Major Street kk. Because the county cannot perform the Improvements within the time frame necessary for this project the city became the lead agency. The city will Incur 100% of the costs and the county will reimburse the city 55%. That money will go Into the Major Street Fund. He noted they will continue to pursue participation by MnDOT. There are a variety of funds that would reimburse the Major Street Fund because the city Is funding 100% of the project : ". Coirmember Wachter noted that whenever zoning m4asked for on this project, the city gave full cooperation and building permits were reasorv0pl •: ho,fl�speyaEs.bave borne the burden of taxes due to reduction of taxes on Green Acres property. He quest >r:i# taxes generated from this project will come to Eagan due to fiscal disparities. He doesn't feel ilia taxpayer's `ii4 absorb these costs. He requested that 1 this Is a 2-2 vote, he would like to see it come back to the Council nW-.Tuesday. EAGAN SPECIAL CITY COLMAL MINUTES; DECEMBER PAGE 4 MUWle Foster stated it Is not their rote :Io Impose Inapproodits obligations onto the taxpayers of Eagan. They are trying to find a fair allocation of cost ta:ft project. Howqyqr, they don't feel they should have to absorb costs that will benefit the greater community. .ncllmernber' *��a str that the taxpayers should not subsidize any of this. She feels the uses on the tk . but doesn't feel Opus has gone out of their way to meet the goals of the task force. She w 0.#J ... �l t...,to . look at this, but she Is not Interested In moving 0 V to reconsider. She would like Information relative to dtji polIcy to justify any change In the amount. Council member Hunter stated it Is Important to come up with a fair way to allocate the costs. He feels the 42%/58% scenario Is fair. People In the community have been asking when the public hearing will be on this. He would like to see this on the agenda. Mayor Egk6.*& g' 49alit Is appropriate to bring this to the CouncN I the project Is stonewalled by the transIxuW16i --- w0wdt�..iolftappeam to be the case. Mr. Mumane asked ft , . .... what CouncimemberAwada's reason Is as to why she fet* 42%?$1rA scenario Isn't fair. Councilmember Awada stated duo certain Improvements have to be done whether or r-d'tK&v Is extra capacity. It Is a philosophical question. You cannot build half a road. She doesn't b'W".1to Op 'Only paying for part of the road they will be using. Mr. Mumane noted that it could be funded..0y.*MW.'.' Igvp*�ients the county. Councimember Awada (iiO-- or noted that If county funds are used, taxpayers vi%:W*i"A"*d'ing:k;::YAi;.:tAUmare noted these Improvements will provide for a lot of future development that they we being asked to pky"16r. Councomember Masin noted that this Is not what the Council first talked about. Opus has come a long way and she Is excited about what Is going there. She stated that 9 there Is going to be additional dialogue on this, she would like to reopen the plat discussion as well... Mayor Egan stated he doesn't f" the Council can reconsider the plat at this time. Discussion followed as to wIWJ4:-Ws should be placed on the Council agenda. Councilmember Hunter asked wtwther the' id-10:0W,d:.ff.they can't got the figure down to $4.9 million. Mr. Mumane responded that it would be. CouncUn*nber HOhrdraoed whether the project can be scaled down and Mr. Mumane noted the the bridge Is the larg",� cqTp.o C'..'i.#4e feels that Is what Is blocking the project. Director of Public Works Colbert Indicated that thq,'.*.pq'.W M left a 20 year Improvement as a condition of their participation. Mayor Egan noted that part ol wOld for by the Major Street Fund and he feels this fits with what that fund was set up to do. Councilmember Wachter stated there needs to be a meeting of the minds between Opus and the O'Nells and the Council needs to know what that Is. The city has tools, but doesn't want to spend It all on one project. it was decided that staff would prepare additional Information relative to policy and funding sources and that it would be discussed at the upcoming work session qn:P9c ... ....... CIP (1996-2000) STORIA:WkTER'4" BUDGET Finance Director VanOverbeke presented the itQim watei'lutilty budget. Rationale for a change In the service fee percentage allocation was discussed. The kj6ry of ;storm water t s ussed utility rasa was also presented. Finance Director VanOverbeke further reviewed details of the operat6i� account, renewal and replacement accounts, and expansion and modification accounts, giving examples of spending for each of these areas. The city also presented various assumptions regarding capital Improvement spending. The City Council accepted the staff rec*mnmxkfions; that service fees be allocated retroactively to 70% operations, 10% renewal and replacement and 20% to expansion and modification, that the 1996 through 2000 capital spending be as presented In the CIP, that capital spending beyond the year 2000 be 'pay as you go' aia::Vvd an amuial 3% mvvice fee Increase be programmed. CAPITAL IMPROVlkw SART 111 (1096-2000) There was considerable discussion regarding the draft ftff:lll CIP budget for 199672000 as presented by Administrator Hedges and Parks and Recreation Director Vraa. EAGAN SPECIAL CrrY COUNCIL MINUTES; DECEMBER ;{i,;1�6:•::::•:•:•: :•:•:•:•: ; PAGE 5 Concems were raised by Councilmernk"Oiunter about the ibiduslon of North Park, which was not Identified In file Park Systems Plan. Parks and Recreatlott:j?irector Vraa stateo.that an athletic field complex in the northern part of the city was Identified in the Park Systeits .#qm and NortF *40 will serve this need. There was further discussion about pri xftl d� '*0* J pr d ;''iorkizatIon of land banking over development, and further that all the park land improvements proposed for 1996 would spend down the Park Site Development and Acquisition Fund. Administrator Hedges suggested that the Council provide direction to the Advisory Parks, Recrreatlon and Natural Resources Commission requesting a prioritization of land banking over development, that the 1996 capital needs be repdorkized to not exceed $500,000, and the balance would be reconsidered after the proposed June 1996 bond referendum. Counclimembers raised questions regarding be to establish an account for renewal and replacement. associated with all new parks. The Council requested land Is to be developed. OTHER for rera... l and replacement; and whethw it Is possible a was '*So di =sk nl regarding the operating costs r kdor i on regarding operating costs If certain park Councimembers discussed a number of issues pertaining to how business is conducted at City Counct meetings, dissemination of Information,. rules of decorum and communications with the public. The City Administrator was directed to include this as a. topic of discussion at the annual retreat in January. The meeting adjourned at approxim"::1 4 DLP City perk MINUTES OF A &ECIAL JOINT MEE-TING OF THE ... 'li EAGAN CITY COUNCIL AN D -'.'i WASTk". 13ATEMENT COMMISSION Eagan,1 t'nriesota January 2, 1996 A special joint meeting j*f:--ft- Commission was held on Tuesday, Jwgi*:� Councilmembers Awada, Hunter, Masin, Wachter Davis, Floyd Her, Jim Weinzettel, Ken Is0e, I Absent was Al Swenseld Also present were Administrator Hohenstein, Communicatiorix/Rec Berkopec of Waste Management and Bob:.kt6i: R. Clty...Cquncil and the Sold Waste Abatement p.m. Present were Mayor Egan, old WaW Abatement Commission members Terry Wall, nick Patraw, John Topper and Dan Brava. WrninleMor Tom Hodges, Assistant to the City CAmxftitor Foote, Ron Mooning of BFI, Mike *ft:.-W"to Control. REFUSE/RECYCLING COLLECTION SYSTEM City Administrator Hedges stated that a year ago the City Council charged the Sold Waste Abatement Commission with reviewing the City of Eagan's current waste collection system and to make a recommendation that would reduce thq.'.'hom.ber of trucks on City streets. He continued that the purpose of this meeting was to review the comrri wipift":popornmendation. Chair Davis of the Sold WasJi--:Abate-rfibht'C 'Commission (SWAC) stated that the SWAG meetings to discuss the waste collection systij� hava"".beart"'*'- valuable. He also commented that the participation of the haulers who have attended. -m— rigs -has been very beneficial and Informative to the commission. Chair Davis said that the co"m"4*si"s"o*"i"n*"t'*'n"e*mbem are here to answer any questions the Council may have regarding the commission's re"C"o-mimendation. Coordinator Foote commented that as a result of the Pope Reid study done In 1989, the current districting system was put In place. There are nine licensed residential haulers, some are very small companies. She stated that six haulers currently are involved In the majority of the residential hauling in Eagan. Administrator Hodges and Mayor Egan reminded the members that workshop sessions are fairly Informal and encouraged comments from M60* . present;-:.: Councilmember Hunter stated thaf:fi6 thougtkffie packet was done very well and thanked Chair Davis for pulling the whole thing together. He ask6d*'how many neighborhoods were actually organized currently. Coordinator Foote replied that they did not keep track of the number. She stated that If people call her and ask about neighborhood organization she lots them know that they can do so. The problem with the system Is that with the transitory nature of many residents, trs difficult to find people willing to organize the neighborhoods and keep on top of changes that may occur within the neighborhood. Chair Davis stated that neighborhood organization seems to work.- I with homeowners associations. Mayor Egan asked whd".*a..':.Us*$*�t00 homes ad .'ft .1 -M organized is economically viable for homeowners and the haulers. Is it p�e"I'sav#`ixiiiney with this type of system? Chair Davis stated that he was not sure and that this was something that needed. -to be worked out with haulers. Commission member Weinzeftel stated that his company has dealt with OWI associations of 15 homes or so. He said that It can be viable but it does depend on the number of residents participating. EAGAN SPECIAL CITY COUNCIL MI$/JANUARY 2, 1d PAGE 2 Coordinator Foote stated that it-ilsp 'an what the neighborhood is looking for. Such as, If they are concerned about the traffic level rather than the cost. Con, sequentdy, there are impacts beyond price considerations. Councilmember Awada stated that it seemed that this system would be advantageous to the haulers. Commission member Wall stdW::tl*-W.has been proactive with neighborhood groups. He said that larger groups are W,9e4#W irt.3iiey:Yuo::r ich more productive. Councilmember Awada stated that the Coundl'riiias concerned about road wear and are interested In reducing the number of trucks. : ;', Mayor Egan stated that wit}tttie number;of #iii travelling Eagan streets, noise and safety are also issues along with the street wear and tear. He stated one of the minuses Is that if neighborhood groups are responsible for organizing and no one Is getting paid for administrating it and there are no Incentives, they may just get tired of dealing with it after awhile. Another question is how to maintain uniformity. Chair Davis replied that uniform ty would be maintained by the use of statutes and ordinances. Assistant to the City Administrator Hohenstein stated that the ordinance has a provision which ensures that homeowners in a homeowners association sre glyen the opportunity to recycle. Councilmember Wachter asked *h''t:-'tti3X:';�ivould make new Eagan residents aware of neighborhood organization. Should they call City Hall? Neighbors? Coordinator Foote stated that new residents do contact the City. They are given; ' pecket:« f:lEigbftation which includes the list of licensed haulers within the City. If they ask about hauloes::lly; recommends that they check with their neighbors and contact several haulers. Councilmember Wachter stated that If he were a hauler, he would Ike to work with neighbortrood organizations. He continued that if neighbors worked together, it would be advantageous to neighborhoods and to the haulers. Councilmember Masin stAtad:#fijt �:itit Mb0.r.--6 -people have asked for fewer trucks. She stated that the smaller neighborhoods wolikJ*fi'a4e'A inoFe:diflfdtilE*time organizing than the larger ones. She continued that often neighbors don't see each otheT1nuch or:4ire very busy. Mayor Egan stated that this is his concern also. In areas such as the Cedar Gh.4 area,�*may be better not to set boundaries. Commission member Breva stated of iet when tliiay talk about neighborhood organization it doesn't have to be formai. it may just be a case of neighbors talking to each other. Councilmember Hunter asked If the commission had discussed ways to educate the public In neighborhood organization. Chair Davis stated that they haven't discussed it but that It should be a joint effort. Counclimember Hunter stated that most people don1:Jr041,ze this Is an option. Coordinator Foote stated. is.m.pent by haulers that If the City did this proactively that they would recommend certain haul"' ::''l p Cd y taif 40.h of do this, consequently, the involvement by the City should be limited and it should iiivdiiie par6ctpatiriiti by the haulers. By providing a packet of Information, the residents could be told how to go about orging their neighborhoods. Councilmember Awada stated that she believes people will be willing to do this::: People need to be able to participate, to be involved. Coordinator Foote commented that this may result in uniting neighborhoods and perhaps encourage them to find other ways to cooperate, for instance, gime watches, etc. Commiaion member EAGAN SPECIAL CITY COUNCIL MINUibh1ANUARY 2, 19.W.: PAGE 3 Weknzettel stated that In that regard he is ereatyf$0 homeoMmers who all use one dry cleaning were service, as well as the same lawn care and snow removal services. Mayor Egan asked how exhaustive something Ike this would be. Commission member Weinzettel stated that he wasn't aware of that but that It seems to work for this group of homes. Commission member Bre parts parts of the City that regardless of what's done, there will be quite a few tli 'I :: id =tt :!h. a level of citizen concern needs to be addressed. Mayor Egan stated that there are.?* r parts Of Oagan Interconnected and areas that are more dated. If the City gets involved in rgsnaSlia,ls.-torrx;.lo what degree would the City have to be Involved in waste processing with the CouritEy :C66rdinat r' dote stated that with most of the systems we have included a disclaimer on the matrix. We realized that during the process there are other issues such as how to make sure there are standardized fees, that billing issues be considered as well as management of the system, consequently, It would mean much more involvement by the City. Commission member Breva stated there Is a fine but its not really dear at what point We crossed and the City becomes the owner of the sold waste. Councilmember Masin asked. statement she received in her bill from Knuh landfill distribution. Commission member Wall this Is a way of making residents aware of the member Wall to explain the meaning of a hat stated residents are responsible for the s-*�generally what is being talked about and Commission member WOnzetWItated that its thought that If we can get 100 homes for one hauler, that this would be a savings: Actualy, this is not always the case. The city of Farmington which has a municipal system has rates higher than the industry average. There Is a community on the east side of the County that has had one hauler for years but their rates are competitive with no substantial savings. Councilmember Awada stated that these are monopoles. If there is competition, there should be lower rates. She continued that If she .bras. a, hauler, she would be actively promoting neighborhood organization. Commission member WeirU$ttgle.Wate k t q ulers do look for this type of situation but It Is very difficult to And those people who wilt do' tfie fol anfifri j:' Coundlmember Awade suggested sending a separate flyer out concerning neighborhood organa etion. Ttftwuld inform residents about the reasons for organizing such as Improved safety, fewer truc4�:ietc. Mayor Egan stated ars one thing for haulers tateve it perpetrated on them. It's another for haulers to conspire amongst themselves to regulate competition. Haulers can't regulate competition as this could be construed as antitrust and this Is illegal. Coordinator Foote stated that this has been a consideration. This is an area that the coon needs to research. Coundimember Masin stated that cost was:* the orr!pinal rationale for this, it was the traffic Muabon. She said that she would not change hauler #o save money because she's happy with them. Other's may feet differently but iq :vt!dac: .ttmra tq..tR ..agreement. it is necessary to set criteria to gine the residents a reason to make the ayyrartreferred to a fist of positives on page 7 of the packet regarding neighborhood organization: Thai:' elioiikf los conveyed to the residents. Coundimember Wachter stated that the r64W for a different system Is to reduce the number of trucks. He said If they pointed out the advantages and disadvantages for neighborhood organization and If people are given the Information they need, they can work in their neighborhoods and the City doesn't need to get involved. Councilmember Awada agreed with Councilmember Wachter. She EAGAN SPECIAL CITY COUNCIL MINUS/JANUARY 2, IM-: PAGE 4 neigh stated that If they could got 25% of the n It would be very successful. The City fnized shouldn't be recommending the organizing, they should be edycating people on it. Councilmember Masin stated that people just don't have the time to do this kind of thing. Councilmember Wachter stated that If they had the Information they cright. Councilmember Hunter stated that educating Is the Important thing. Poo*:, **Ad :balware that neighborhood organization Is an option. At 5:45 p.m. Patrick Frater Joined too, nwbng*.' Chair Davis asked for Inp on the issue of a cap placed on the number of licenses Issued. CouncilmembiW:M"r ij0*:WIth Wilting the number. Chair Davis stated that they may set a cap lower than it Is currently and alla'w attrition to take Its course. Councilmember Awada stated that she would not want to do anything to hurt competition. Chair Davis stated that each additional hauler adds two to three trucks. He continued that a cap should be set and they need a minimum number and a maximum number. Comrrdsslon member Mar stated that he did research the haulers and discovered that approximately AO% of the homes in Eagan are served by six haulers. He continued that this showed that there was "ption of a lot of trucks because there were smaller haulers In smaller pockets. The small haulers a leave the Industry. Mayor Egan asked ComrrdssIoii-',:Member Mar. If.he was recommending a cap that exceeds or matches the current number. Commission ,inembw,:.M..W::.Tp':Sponded that he would like to see a match of the current number. Councilmember WacMor:o ?64 other members how they fell about ft. Chair . ......... Davis stated that attrition would be usedio . :006w . the number down. At 5:55 p.m. Ken Ische joined the group. Mayor Egan said that they need to clarify what would constitute a reduction of haulers. Commission member Frater stated that It would Involve the absorbing of a small company by a larger one. He stated that most of the major playert-'ora Agati;::: U60tnember Masin asked what arteria would be used for adding a now hauler to Oft syst6rh.`C6iJh - ........t lifim3trtt WHunter stated this system would not allow ft. Commission member Mar said that it had to::Oo with wate survey and the level of competition. Councilmember Hunter stated that if through collusbW'pr other.'w1*8 rates go up 50% they may went to look at It. Assistant to the City Administrator Hohenste�:*'tated U4 there would be a natural Inertia and that It would take quite a while before getting to that point: "'Co= vii}n member Frater stated that the ultimate threat to haulers Is a municipally run system and, consequently, they should work hard to service their market. Councilmember Wachter stated that he would Ike to thank the comm isslon for the work they have done. He said that he Is In favor of the first thr".4ioommendations Wed in the memo. He continued that It Is important to give people the freedom 4- knowing what is available and what their responsibilities are. Mayor Egan asked.44* ..SWAC,sh-ould continue to explore the other options. 'th are. Chair Davis stated that he would Councilmember Wachter replied yes, he ey Ike to research them more thoroughly. ome oi y not be considered while others may be workable. Counclimember Hunter asked the comrni*on If there Is a trend to stop separating recyclables from sold waste and, If that's the case, is ft because of improved technology. Commission member Patraw said that the state won't allow it so We not going to happen. EAGAN SPECIAL CITY COUNCIL MINU'ta/JANUARY 2, 100" PAGE 5 Coundimember Hunter asked it t r$ i ough time for an ordinance change before the moratorium has expired. City Administrator Hedges'stated that it would be tight but it would be possible to extend the moratorium. Assistant to the City Administrator Hohenstein stated that the cap on hauler licenses would require an ordinance. Staff could attempt to have this prepared for the January 16, 1996 City Council meeting and, if it is not ready, the moratorium could be extended for one month. City Administrator Hedges stated that any dirtOTf:stiAtlt#vQNs::+ change of the ordinance by the City Attorney's office. Mayor Egan stated that he assumed they would: be putting together packets of Information for citizens. He asked what type of information they: uld incuili)n the packets. Coordinator Foote stated that staff would work closely with the haulem,': -h on how neighborhoods could organize. Perhaps a seminar for resident ;d*oW:6 held: 4f*that meeting, a list of names of people in 0.1 these neighborhoods who can be contacted by haulers. Commission member Weinzettel said that the SWAC needs to assist with preparation of the packets. Councilmember Hunter said that there Is so much information It needs to be a separate mailing of information. Coordinator Foote stated that along with Information from the City, It would be possible to have haulers send out stuffers with their billings. Mayor Egan commenddd.::$.WAC for the work that they went to in preparing the recommendation. He stated he was impressed ttialhoroughness with which the commission examined the systems. He asked what type of informatioir#bit::#ting community provided the commission. Coordinator Foote stated that when the comrWossdon starte4:geftting into specifics the haulers provided examples from their own experiences and coukiaell.tha:0 itji�it of n that what works in theory may or may not work in realty. Assistant to the City Admit�j €vKA'01%Freiistein stated that the value of the group Is that It's interdisciplinary. There are a certaiA:::hi ffilier of citizens and haulers on the commission. The 4to commission took an extra step in listening.the haulers views and he was pleased with their participation. Mayor Egan asked If there was enough consensus to discuss this item at the next City Council meeting. Coordinator Foote suggested that they decide on items to be recommended for further study. Compassion member Ischii66hii erifeif'ttia M -Was in the minority in that he believes they could get it down to one hauler per neighborhood wI%'brganIz:gd.hau1ng. He believes it Is a good Idea but Is not sure how the residents will accept It. He stag that a OR on licenses will reduce trucks but not as much as a single hauler would. Commission member Patraw stated that it would be important to have some sort of benchmark or measurement as to how well the system is working, otherwise, there's no way to measure its success. Councilmember Awads suggested that they do a test using just a part of Eagan. Councilmember Hunter stated that the main effort involved will be the preparation of packets. The City does not need to get involved with actual organizing. If dtizara:have questions, they should contact the haulers. Coordinator Foote statert#u #Fr G$tti by putting out a packet and see what type of response is received. Assistant to the Crtji Adinin'i�Uohenstein stated that curb side recycling started out as an experiment and maybe this would be the sarrne type of thing. Commission member Hiar stated that a phased approach may be the best. He said thet< R."y did the whole City, the haulers would not be able to respond to the requests. He continued that they could set it up in three sections with a month delay between each section. Councilmember Awads said that they should take a more activist approach at first. Perhaps initially the City could give out names of neighborhood organizers and keep track of what's happening. EAGAN SPECIAL CITY COUNCIL MINLrM!UJANUARY 2, 19": PAGE 6 Mayor Egan thanked the corrrusfoYt #off all:"r work. City Administrator Hedges distributed a month at a glance calendarto each Coundimember. He informed them that he would Ike to eventually develop a two month at a glance calendar and a year at a glance calendar. This would help keep track of the open issues and when they would be coming up for Council consideration. City Adrninistr8 i r�3{ed 9�:r4!1gwod::4pcorr9W meetings. The meeting adjourned at 6:25 p.mr Chair Date JEH Agenda Information Memo January 16, 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. Temporary Intern/Parka and Recreation Department -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named at the City Council meeting on January 16, 1996, as a temporary intern in the Parks and Recreation Department. Item 2. Temporary Intern/Administration-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named at the January 16, 1996 City Council meeting, as a temporary intern in Administration. Item 3. Part time Seasonal Skating Instructors -- ACTION TO BE CONSIDERED: To approve the hiring of Jill Posin, Natalie Moreau, Christine Vadi and Jonathan Herseth as part- time seasonal skating instructors at the Civic Arena. Item 4. Part-time Seasonal Rink Guard— ACTION TO BE CONSIDERED: To approve the hiring of Chanel Thorne as a part-time seasonal rink g_ uard/assistant skating instructor at the Civic Arena. Agenda Information Memo January 16, 1996 Eagan City Council Meeting Item S. 1996 Fay Equity Implementation Report— ACTION TO BE CONSIDERED: To approve the 1996 pay equity implementation report for submission to the Minnesota Department for Employee Relations. FACTS: The City of Eagan is required by Minnesota State Statutes to submit a pay equity implementation report every three years. ATTACHMENTS: Attached without page number for the Council's information is a copy of the report. Agenda Information Memo January 16, 1996 Eagan City Council Meeting B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers' licenses as presented. BACKGROUND: • Enclosed on page is a copy of the plumbers' licenses which are in order for consideration by the Council at this time. 3 PLUMBER LICENSES FOR APPROVAL (For January 16, 1996 City Council meeting) 1. ALTA MECH 2. BOEDEKER PLBG & HTG 3. BLAYLOCK PLBG CO INC 4. BONFE'S PLBG SERVICE 5. BUCHMAN PLBG CO INC 6. BUDGET PLBG CORP 7. DAKOTA PLBG & HTG INC 8. FARMINGTON PLBG & HTG INC 9, G R MECH PLBG & HTG 10. GENZ-RYAN PLBG & HTG CO 11. GILBERT MECH CONTRACTORS 12. RAYMOND E HAEG PLBG INC 13. HORWITZ INC 14. JERRY'S PLBG 15. KRAMER MECH PLBG & HTG 16. LAKESIDE PLBG & HTG INC 17. MATTHEW DANIELS INC 18. MID CITY MECH CORP 19. MILBERT CO (CULLIGAN) 20. MINNESOTA PLBG & HTG INC 21. NORDIC SERVICES INC 22. P & D MECH CONTRACTING 23. PEINE PLBG & HTG INC 24. PLYMOUTH PLBG INC 25. R C PLBG 26. RICHFIELD PLBG CO INC 27. SCHULTIES PLBG INC 28. SEITZ BROS INC 29. SORENSEN CO INC, DALE 30. SPRIGGS PLBG & HTG CO 31. STAR PLBG & EXCAVATING INC 32. SWANSON & SCHIAGER PLBG 33. THOMPSON PLBG CORP 34. VOSON PLBG INC 35. WELD PLBG CO, DON 36. WENZEL PLBG & HTG INC Agenda Information Memo January 16, 1996 Eagan City Council Meeting C. RECOMMENDATION AIRPORT RELATIONS COMMISSION OFF-PEAK CORRIDOR CROSSING PROCEDURES ACTION TO BE CONSIDERED: To adopt a recommendation by the Airport Relations Commission to support a modification of the off-peak departure procedure from the north parallel runway at the international airport. FACTS: Due to a shifting of the magnetic pole over the years, the current procedure for off-peak operations from the north parallel runway tends to encroach into residential areas north of the corridor. The City of Mendota Heights requested that the MAC consider recommending to the FAA that this procedure be modified. The City of Eagan is not opposed to such modification as a matter of policy but has expressed an interest in the location of the modification. • Following further staff discussions with the City of Mendota Heights, the Airport Relations Commission, at its meeting of January 9, voted to reconsider its action of December 12 and discuss further the alternatives for crossing procedures. At that time, the Commission reiterated its original recommendation to support a shift from 105 degrees to 110 degrees. ATTACHMENTS: • Staff memorandum on pages through s MEMO _ WN saga" TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: DECEMBER 13,1995 SUBJECT: AIRPORT RELATIONS COMMISSION RECOMMENDATION -OFF-PEAK CORRIDOR CROSSING PROCEDURE At its meeting of December 12, the Airport Relations Commission recommended that the City of Eagan support a modification of the off-peak corridor procedures shifting the general off-peak heading for the north parallel to 110 degrees to account for the change In magnetic north. This would cause aircraft flight paths to cross at the far end of the noise compatible corridor and shift certain off-peak operations south of their current tracks over residential portions of Mendota Heights. This initiative was first raised in the Corridor Task Force several years ago. The City of Eagan supported the concept, provided that a heading could be identified which would not increase impacts on Eagan residential areas. The MAC recently modeled contours which reflected a crossing procedure which would shift the off-peak heading from the north runway to the extended runway centerline. This procedure would cause traffic to cross within the three mile operational corridor and would marginally decrease impacts on the north side of the corridor and marginally increase them on the south. Since the neighborhoods south of the corridor already experience more impacts from aircraft overflights and more deviations south of the corridor, this appeared to be an excessive response to the problem perceived by Mendota Heights. Mayor Egan and staff met with the Mayor and staff of Mendota Heights to discuss headings between the current 105 heading and runway centerline which would account for the five degrees of magnetic shift since the procedures were developed without shifting traffic unnecessarily into eastern Eagan neighborhoods. Mayor Egan may brief the Council further on the meeting, but it was agreed to propose a 115 degree heading from the north runway for this purpose. 10 This was reported to the Airport Relations Commission, which considered the tracks and contours which are attached. The Commission voted against a recommendation to support the 115 degree heading and approved a recommendation to support a 110 degree heading. The Commission took this action for the following reasons: 1. There is already a greater aircraft noise impact in Eagan neighborhoods south of the corridor and that needs to be corrected before considering changes which would shift even more traffic from north to south. 2. While the negative impact on the contours on the south is slight, the positive impact on the north is minimal. 3. The centerline alternative represents a significant change where a lesser change would accomplish the same thing for Mendota Heights, without adversely affecting Eagan. 4. The Commission perceives that this request is partially to benefit new Mendota Heights neighborhoods which have been built within the policy contours and that operations should be absorbed there rather than in Eagan neighborhoods outside of the policy contours. Given the tone of the meeting with Mendota Heights, it will be difficult to reach a middle ground. This was true at 115 degrees and is likely to be more the case with 110. That being the case, the City of Eagan may need to oppose the implementation of any change. This is unfortunate, because Eagan approached Mendota Heights in the hopes that a cooperative position could be forwarded. Absent consensus, it is likely that the City's will be encouraged to be adversaries as in the past. This was dearly not the expectation of Eagan, when it agreed to consider a crossing alternative five years ago. If you have any questions about this memo, please let me know. Ass' to thb City Administrator 11J81!1955 18:39 6127256318 August 29, 1995 ��T�_ltt-atil _ HOWARD pjanC'L W TAMWMPW & �06W11OORF, INC. Mr. John Foggia Manager, Noise Abatement Metropolitan Airports Commission 6040 28th Avenue South Minneapolis. Minnesota 55450 PAGE 82 W and CaeM► A= Ahomdft Mhruki M3141W (7w3) 4i/S7W RE: Flan -Mendota {Corridor Revised Prcxzdures- Noise Analysis for Redistribution of Nan -Simultaneous Flight Trach on Runway IIL Dear John: Per your request, we have completed a preliminary assessment of potential noise impacts a-swinted with a revised non -simultaneous departure heading for Runway 11L. The analysis, to be used by MAC and FAA to determine whether or not additional environmental analysis is needed, involved the calculations of DNL contours and grid points in the corridor area to determine whether a change in non -simultaneous departures, from a heading of 105° to runway heading, would result in a significant noise impact. Thr. 1994 MSP ANOMS track use data indicated that approximawlY 6% of Runway i1L departures follow a non -simultaneous 105° heading. About 18% of the traffic departing on Runway 11L generally follows runway heading (1 196 follow a track of 115° and 7% follow a track with a heading of 120°). In an effort to determine the effects of shifting the 105° (non - simultaneous traffic) traffic to a runway heading departure, a simplified noise analysis has been completed. Utilizing the 1994 runway use percentages determined by MOMS, DNL contours for MSP weTe previously computed as part of the DW 'had- EIS. These cotters represent the base case. To test the effects of the anted procedures, DNL csazx OUM and a grid point analysis were completed for twenty-one remise sensitive locations in and a OW'd the Eagan and Mendota/Mendota Heights jurisdictions (points utilized from previous EIS's and Part 150 studies). Then, all traffic was to wn from the left 1050 track on Runway I IL, as a worst case assumption (approximately 6% of departures on Runway I IL), and eras proportionally divided between tate two tracks that represent runway heading. New Teat DNL contours were computed along with a grid arsalysis for the same polms anslyzied previously for the 1994 existing conditions. Comparison of the base case and test noise contours indicates little change in shape or size- the an ends of the DNL 65 contours shift a duple of hundered feet in and out (see attached figure). A comparison of the individual grid point values revealed that the maximum DNL change for the noise sensitive areas would be 0.2 at study point 13,.(Trinity Lone Oak nd 11/01/19% 10:39 W. lohn Foggia August 29, 1995 Page 2 6127256310 MAC AVSAT PAGE 83 MavhAmheran School) and at point 18 (Historic Mendota WorkONV). Both of these study points sre located almost directly along the runway heading (see attached table). In summary, it would appear that shifting the non -simultaneous Runway 11L departures from a ming of 1059 to runway heading is possible with no signifxt impact on overall noise Levels in wise sensitive area in and around the Fagan -Mendota Corridor areal. raw feel free to give me a caul if you have any questions. Very Truly Yours, HN'1B Corpomflon ,-�L Evan C. Futterman, A,ICP Project Manager ECFIef 6127256310 11-01-95 10:40AM P003 #20 W1: U .j 11/01/1995 18:39 If a 6127256318 MAC AVSAT ti0 �D O 0% v1 0; e+3 h vi O► er1 00 .-y cn o0 O oo u� �D tiD �COoOV100 C�M�Oqt C;^�OOO•t00 V1�0 .-i.� w.l .../ r• ir1 .� 1A �-+ � o 0 0 0 +-� o O O O O .4 ViMG�eyoN�� riV!tt-.so `4,,trfl�OerNNN It 14 000000g04?oQQoQQOo9c?99 �+v�NNnn+0OO�rw';�t;� en ec�napeop.�O�D 14: q* �ONaDN thChV 00oo�,N.•P r�4�d4��,D� insnwlw% aa�ata> 16 O. aYFitgWWgala. awAw aa.v0aaa.A-UUX0aaal .N eM"r l+i1 cn O r+ N m in %V P 40 0% O eo t� 0D v N 1 FA PAGE 94 2h98x 6127256310 11-01-95 10:40AM P004 =120 Agenda Information Memo January 16, 1996 Eagan City Council Meeting D. RECOMMENDATION AIRPORT RELATIONS COMMISSION DUAL TRACK AIRPORT PLANNING PROCESS EIS COMMENTS ACTION TO BE CONSIDERED: 1. To adopt a recommendation by the Airport Relations Commission regarding comments on the Dual Track Environmental Impact Statement. 2. To adopt a recommendation by the Airport Relations Commission supporting the completion of the dual track public process and environmental reviews. FACTS: • At its meeting of January 9, 1996, the Airport Relations Commission considered the dual track airport planning process EIS and associated information. The Commission is recommending the comments attached which are consistent with the City's dual track position and stress the City's concerns about traffic projections and mitigation needs. In a related action, the Commission recommended that the City Council formally endorse the completion of the dual track process through correspondence to the City's legislative delegation. The Commission indicated that the process is close enough to its conclusion that it should be completed so that the best available information can be incorporated into the airport decision- making process. The City will submit the approved comments in writing. In addition, the MAC has scheduled two public hearings to accept public input in this regard. The first is Wednesday evening, January 17, at 7:00 p.m. at Hastings Senior High School. Mike Schlax of the Airport Relations Commission has offered to represent the City's position at that hearing. The second is on Thursday, January 18, at 7:00 p.m. at Washburn High School in Minneapolis. Unless any Commission or Council member indicates they wish to present the City's position at that meeting, staff will attend on the City's behalf. • The Commission had the opportunity to review the updated traffic projections for 1995. While final figures for December are still being compiled, it would appear that the airport has already reached the traffic levels projected for the year 2000 five years early. If traffic growth continues at this pace, the 2020 traffic levels could be achieved as early as 1998. The Commission suggested that this underscores the need for land banking to ensure that operations do not exceed the capacity of the current site. ATTACHMENTS: • Dual track airport planning process EIS exec five summary4onages through• 1995 preliminary traffic estimates on pages through• Draft EIS comments and mitigation requirements on pages through �. la DUAL TRACK AIRPORT PLANNING PROCESS - DRAFT EIS UECUTPIE SUMMARY The Dual Tnsok Legi 80" Dnetive The 1989 Minnesota Legislature directed the Metropolitan Airports Commission (MAC) and the Metropolitan Council (MC) to examine how best to meet the region's aviation needs 30 years into the future. The agencies were directed to undertake seven years of planning studies comparing expansion of the M iirmeapoGs-St. Paul International Airport (MSP) with construction of a new replacement airport. That seven-year process, known as the Dual Track Airport Planning Process, is nearly complete. By July 1996, MAC and MC are required to submit a report to the Legislature containing their recommendations on future major airport development. The Purpose of the Document This Drag Environmental Impact Statement (DEIS) contains the evaluation of the impact on the environment of three development alternatives: a plan to expand the Minneapolis -St. Paul international Airport (MSP), a plan for a new airport in Dakota County, and a no -action altemative. These have been studied by MAC, MC and the Federal Aviation Administration (FAA). Other development altematives that were considered are also described. This DEIS is both a state and federal document, and all portions apply to each unless stated otherwise in the text. MAC and MC will use the environmental evaluation found in this document, along with operational and technical data developed for these options, to make a recommendation to the Legislature In July 1996 of how best to meet the region's aviation needs. A final state Environmental Impact Statement, which requires no recommendation on an action, will be submitted to the Minnesota Environmental Quality Board for a Determination of Adequacy in March 1996. A final federal EIS containing a preferred development alternative will be completed following a decision by the Minnesota Legislature. Recent MAC and FAA studies have independently concluded that without substantial airfield, terminal, and access improvements, future growth in aviation activity at MSP will result in a significantly decreased level of service and increased user costs. Peak -hour demand will outstrip capacity of the runwayAaxiway system without major improvements. Airfield simulations show that if no improvements are made by 2020, peak -hour departure queues for the •Doth parallel runway could reach more than 25 aircraft. That would result in excessive delays and aircraft blocking access to the terminal, producing gridlock. Peak -hour (6:00.7:00 p.m.) delays by the Year 2020 are expected to average 15 minutes per aircraft during instrument conditions, with the highest delays in excess of one hour. Dual Track Draft EIS I The FAA's Capacity Enhancement Plan for MSP shows that the annual cost of delay would increase from about $26 million at current levels of demand to about $66 million annually by 2020 (with a new Precision Runway Monitor planned for 1996). This projected increase in delays, decline in service and resu%nq increase in user costs threatens MSP's ability to provide good air service and economic benefits to the region as a major connecting hub. MSP's role as a connecting hub is integral to the air service the airport provides the region. Further, MSP provides a major fink in the nation's airspace structure, because It is the 75th busiest airport in the nation. In addilia to airport improvements, the regional highway improvements identified for each aitemative in Section 91 also are needed to provide adequate access to the airport. Considered to Meet Futuna Needs When Considering how to meet forecast demand for 2020, a number of alternatives were analyzed. The following is a surrenary of the aftemattves that have been considered: No Action ■ MSP Development • New Airport • High -Speed Intercity Rail (between Twin Cities and Chicago) ■ Remote Runway + Supplemental Airport (use of MSP combined with other existing airports) Below is a brief description of the alternatives analyzed in this EIS. The location of the MSP and New Airport alternatives are shown on Figure ES -1, which is attached to the Executive Summary. MSP Dwvelomw7t — A new 8,000 -foot north -south runway would be added to the current three -runway Wield. A new replacement terminal building would be built on the west side of the airport and connected to gates on the east side via an underground people mover. See Faure ES -2. Other improvements would include highway access from Trunk Highways 62 and 77 to the new west side entrance to the terminal, and a parking/drop-off facility on the east aide of the airport. New Airport — A new replacement airport would be built on a site of 14,100 acres east of Vermillion and south of Hastings in Dakota County. The afield would consist of six runways: four parallel runways and two crosswind runways. See Fiera ES -3. Main highway access would be from the north by a new eeight4v* freeway to a centrally -located terminal. No Action — This alternative consists of the existing airport facilities at MSP and those committed projects with funding approved by the MAC in its current 1995-1997 Capital Irnprovement Program. See Rpm ES -4. Projects that increase caKraccty (terminal, airfield, other) would not be permitted beyond 1997. Afteniatives that were eliminated from further analysis in the DEIS aro listed below. Klgh Speed Intrudty Rag — This alternative includes the construction erf high-speed rail connecting Winnespofis and Chicago and examination of the extent to which this would divert passengers and operations from air service to rail service so that in 2020 additional runway and terminal facilities at MSP would not be needed. A 1991 Mn/DOT study of the implications of high-speed rail alternatives on air traffic *wowed: ■ K# -speed rail service would not divert enough passengers and operations by 2020 to preclude the need for additional runway and terminal facilities at MSP. Dual Track Draft EIS n 1 Remote Runway — Under this concept, terminal ticketing, baggage and support facilities would remain at MSP while new runways and gates would be constructed at a site in Dakota County, about 15-25 miles away. The two sites would be Inked by rail transit. A 1995 MAC study of this concept showed: There would be significant operational inefficiencies. Nowhere in the world does an airport have split Iandside/airside operations over 15 miles apart such as those described here. That is because the staffing requirements would make air service for this type of configuration prohibitively expensive; A two -terminal system would inevitably evolve, with the public demanding ticketing, baggage and parking facilities at both sites, which would ultimately result in a full-service airport at the remote site. It would be very difficult to force passengers to take an intermediate form of transportation, such as a train. Local passengers will want to be picked up or have a car available for immediate transport to their final destination, rather than having their trip prolonged by intermediate mode charges. In addition, cartain basic amenities must be provided to passengers as they embark from airplanes. These amenities, such as food and rest facilities, require a passenger tenninat, as would the required queuing and seating area for transferring to a train; Costs would be slightly higher than the new amort alternative; and There would be adverse environmental impacts, including the need for a one -mile kx+g bridge over the onvironmentally-sensitive Minnesota River valley; Supplanwitai Airport Concept — Under this concept, a component of MSP operations (general aviation, military, regional, cargo, international, and/or flights to major markets) would be diverted to another existing state airport. The intention would be to accommodate the remaining 2020 demand without Wing to develop new terminal and runway facilities at MSP. A 1993 MAC study evaluated the transfer of various aviation demand components from MSP to Rochester Municipal Airport (MSP Third Option Scenarios). An on-going study by Mn/DOT on the use of supplemental airports also addresses the feasibility of supplemental airports. A summary of findings to date follows. • Diverting military operations, carpo activity, international operations or general aviation would not delay the need for new runway and terminal facilities at MSP. • If regional air carrier traffic were transferred even to the newest airport — St. Paul Downtown Airport — It would force nearly 6,500 regional air carder passengers a day to travel across town to make their Cc' ng flights at MSP, making MSP a very unattractive connecting hub for regional service. It would be extremely difficult legally to force air carriers to relocate regional service to another aisrport. St. Paul Downtown has site constraints that preclude extensive development of this type. As with regional carrier service, transferring service to major markets such as Chicago to another state airport would force the passengers making connecting flights to travel long distances to MSP. In addition, originating and destination passengers would have long driving distances. Once again, it would be extremely difficult legally to force airlines to relocate service to major markets to another airport.. Neither the MAC nor the FAA have the legal authority to dictate to airlines the level and location of service that they can provide. fnviramaantal Evsk tion To attain the MSP development plan and the new airport plan included in this document, a tiered state EIS process was used. The tiered EIS process was approved by the Minnesota Environmental Quality Board P&OB). That process consisted of the following steps: (1) selection of a new airport search area; 12) selection of a new airport site within the search area; (3) selection of a new airport development plan on the selected site; and (4) selection of a development concept for expansion of Minneapolis -St. Paul International Airport. Dual Track Draft EiS ir� The alternatives were examined for impacts in 32 environmental categories. Those categories are: Air quality, archaeological resources, Miotic communities, bkxd ahraft hazards, construction impacts, coastal barriers, coastal zone management program, endangered and threatened species, economic, energy supply and natural resources, farmland, floodplains, historic/architectural resources, induced socioeconomic impacts, land use, right emissions, noise, parks snd recreation, site preservation, social, Section 4 (f), solid waste impacts, transportation access, major utilities, visual Impacts, wastewater, water supply. surface water quarity, groundwater quarity, wetlands, wild and scenic rivers, and wildlife refuges. The enviro"ntal evaluation did not reveal any critical finding that would preclude development of any of the alternatives. It did reveal differences between the MSP development alternative, the new airport alternative, and the no action alternative. Those differences are more substantive in the social/economic categories than in the natural environment categories. Below is a summery high ightino some of the Wings. A matrix summarizing impacts on the alternatives follows on pages vi, viii.and vni. More detail on airy one or all of the impact categories is found in the appropriate section of the DEIS. • Natural Enviv rnent — Impacts of the alternatives on the natural environment are relatively minor (air quality, water quality, wetlands, endangered and threatened species, archaeological resources, biotic corrrrxmities, floodplains, parks and recreation areas, wild and scenic rivers, and wildlife refuges). iEconorric — The development cost of the new airport alternative, including acquisition of property, construction of the airfield, terminal, on-site and support facilities .and roads, is $4.7 billion. The development cost to expand MSP is $2.8 billion. MSP expansion would involve land acquisition, construction of a new north -south runway and west terminal, relocation on airport property of airport facilities to accommodate the new runway and terminal, and road improvements. The cost of the no action alternative is $20 million. Noise mitigation costs are $1 million for a new .airport, and $13 million to expand MSP. All costs are calculated in 1995 dollars. The expansion of MSP would generate 92,000 jobs and $6.3 billion to the regional economy during construction, compared to 154,000 jobs and $10 billion by the new airport. These are preliminary economic impacts; the full study should be completed in mid December 1995. • Farmland — ff a new airport is built, more than 17,000 acres of farmland would be lost in Dakota County Gncluding over 4,000 was due to induced development and relocation of displaced farm households). This is about eight percent of Dakota County farmland and would have a major impact on the faun economy of Dakota County. The total is less than one-tenth of one percent of existing 'state farrnland. No formland would be lost under the expand MSP and no action a tematives. lime — In tarms of adverse noise impacts of DNL 65 or greater: expanding MSP would expose 7,620 persons to these levels, compared to 175 for the new ,airport, and 7,350 for the no action. In 1994, there were approximately 22,030 persons in the DNL 65 contour for MSP. The lower number of persons exposed by MSP in the future is attributable to the continued introduction of quiet aircraft. Social — The number of residents and households that would be displaced under each of the alts -natives is: expand MSP, 227 residents, 96 households; new airport, 787 residents, 229 households; end no action, 0 residents and households. The number of businesses and employees displaced would be: expand MSP, 76 businesses, 2,920 employees; new airport, 147 businesses, 712 employees; no action, 0 businesses and employees. Dual Track Draft EIS Transportation Access — The percentage of the metro area population that would have no more than a 30 -minute trip to the .airport's rnain terminal during non -peak hours in 2020 under each of the options is as follows: expand MSP, 80.2 percent; new airport, 17.8 percent; no ac- on, 76.6 percent. The average travel time during non -peak hours would be 22 minutes for MSP expansion, 41 minutes for the New Airport and 24 minutes for no action. The number of lane miles of highway irrrprovements that would be required under each attemative is: expand MSP 25; new airport 116; no action 0. ' Ill wile — The number of histoi c hirtectural resources on or arigible for the National Register that would be demolished is: expand MSP, 1 (the Original Wold -Chamberlain Terrninal Historic District); new airport and no action, 0. The MAC is committed to providng the amopriate level of mitigation for significant adNerse envftrimental impacts, as required by applicable environmental laws and regulations. Haarirp and Approval Process Below is a schedule for the remaining activities of the environmental process of the Dual Track Airport Planning process. A federal final EIS will not be prepared until the Minnesota Legislature selects the preferred airport development alternative. Following the federal final EIS, FAA will issue its Record of Decision. Pubic Comment Period Public Hearings on Draft EIS MAC Adopts State Final EIS, and submits it to the MEQB MEQB determination of State Final EIS Adequacy MCWC Report to Stste Legislature Dec. 15, 1995 to Feb. 13, 1996 January 17, 18, 1996 March 1996 May 1996 July 1996 Dual Track Draft EIS SUMMARY OF IMPACTS CRITERION IMPACT OF ALTERNATIVE MSP NEW AIRPORT NO ACTION Ai 1. Number of receptor sites near critical off- 0 0 0 airport roadway intersections over air quarrty standards in 2020 2. Nber of receptor sites on airport perimeter 0 0 0 over air Qualiittystandards in 2020ur� 3. Total airport CO emissions in year 2020 6,280 7,201 7,047 (tons) 4. Total access traffic CO emissions in year 10,200 13,300 _ 10,500 2020 (tons) 5. Total airport SOx emissions in year 2020 163 146 162 (tons) Arclum"cal Rinources 6. Number of known archaeological sites 2 1 0 { potentially eligible for the National Register 1 that could be disturbed Idiotic hies 7. ` Nurnber of acres of wildlife habitat displaced. 1 - - 360 -- 6,865 120 - Bird -Aircraft Hazards i - 8. Number of monthly aircraft operations less 4,940 0 2,910 than 500 feet over areas where birds,, mate. Economic I I 1 9. Total 'obs on 16,040 16,040 i 15,480 10. j Total annual direct and indirect wages $837 million IgeneWLed $837 million i $808 million by *port jobs _ 11. Impact of construction Jobs 92,000 154,000 0 Wages E $1.9 billion $3.3 billion 0 Econorni 0 ut f $6.3 billion $10.0 billion 0 12. Estirnated cost of atterrwdve (millions of 1995 ' 2,820 doors) 4,716 20 13. Percentage of tax capacity lost by affected 1.82 35.0 0 al ities/townships . (Totaq and Tltirfstarrsd.Sprem , 14. Number of species on federal Gat of 0 0 0 endangered acid threatened species that would be ' zed. 15. Number of threatened or special concern 33 1 (forster's 1 Poggerhead 0 saecc'es in Mnnesota that would be disturbed. i tem) shrike) Ef a y_5u X rid Natural Resources 16. Consumption of aircraft and vehicle fuel in j 160 156 161 I yew 2020 (millions of gallons per year) 1 Dual Track Draft EIS V9 SUMMARY OF IMPACTS i CRITERION Mr7PACT OF ALTERNATIVE " ' MSP NEW AIRPORT NO ACTION 17. • Acres of farmland that would be lost. 0 17,000 (12,700 -site, 2,800 4,3004nduced/ relo�) ent of eAsting Dakota Co. farmland 0 8 1 0 _jwtent of e)dsti2g State farmland 3 0 <0.1 0 18. Invact on farm econorrj of Dakota County _None Major None 19. Impact on farm economy 'of State of ' None Wi mall None Minnesota Reiains 20. Is two a potential to significantly increase = No No (with Mitigation) No existing flood flow elevations in adjacent s rivers? Historic/Ard*eca,ral Resources 21. ' Number of historic/architectural properties/ 1 0 0 districts on or eligible for National Register that would be demolished. _ I 22. ' Number of individual properties and historic 5 1 4 districts on or eligible for the National Register , ' that could be adverselyaffected_ noise. Wuced Socioecgnorr c Ito be added) 23. ; Number of households2020 _ __ induced bY 400 3,8,800 8,020 i 3,400 24. Number of residents induced 62020 21,519 J 8,80E 25.. Number of endos induced by 2020 l 4,500 11,140 l 4,500 Land Use 26. 1 Nof nv inicipalities requiring changes in i 5 13 0 e)dsdno or planned land use. hlalse _ 27. Number of persons residing in the year 2005 7,620 175 7,350 i DNL 65 + noise contour. 28.3 Number of persons residing in the year 2005 � 22,030 560 27,690 l DNL 60.65 noise contour. � 29. Number of persons residing in the year 2005 , 121,000 2,300 106,000 Lia65 noise contour. 30. Number of noise -sensitive land uses with ' 1 0 2 noise water than FAA Guidelines. Section 4(fi Park and Recres*n Lands 31. Number of Section 4(f) park and recreation 1 0 0 W� lands aced. 32. Number of Section 4 (f) park and recreation 0 0 0 lands adver"N affected by raise. 33.Number of residents that could be d'rs�lsced. ?27� 787 �' '""""""—'"""" 34, i Nuumberf households that could be 96 ." 273 p di laced. I I Dual Track Draft EIS vii SUMMARY OF IMPACTS CRITERION ! IMPACT OF ALTERNATIVE r MSP j NEW AIRPORT I NO ACTION 35. ' Estimated number of businesses and wnpkyyees d laced. Businesses I 76 147 0 I ees € 2,920 712 0 Surface water Quafty_ 36.� Stormwater discharge as percentage of j 18 10 (Includes 17 receiving water's available low flow (7010) t Wastewater SOD/COD assimilative cmacfty. Treatment) Groundwsbr 37.� Sensitivity of affected significant aquifer Low to High to Very High Low to Moderate (Prairie du Chien/Jordan) to potential Moderate contamination. 38. ' E)ostence of drinking water wells No Yes No downgradient from site. Ta ns�wrt coon Access I I 39. Year 2020 average travel time to terminal for I Metro Area residents (minutes) I off - .peak hours i 22 41 24 PM peak hou X26 46 27 40. Percentage of Metro Area population within 30 -minute travel tkne to main terrminal in = 2020. off- eek hours __P......_._...._..._, 180.2 __..._. 1 17.8 _ 76.6 PM peak hour i 67.4 13.6 62.5 41. { Percentage of Metro Area population within 45 -minute travel time to main terminal in 2020. off-peak hours ' 97.9 64.5 96.9 PMI peek hour ; 94.6 52.0 92.8 42. Percentage of Metro Area population within 60 -minute travel time to main terminal in 2020 j off-peak hours ! 100 94.3 99.9 PMak hour F...!..__...... 998 83.7 99.6 43 I f_.._: Number of lan"les of off-site highway. 25 116 0 k•nprovements required (e.g., adding 2 lanes for 3 miles is 6 lame -miles) Wetlands 44. T-Nwmbw of acres of wetlands affected. 34.1 5.9 1.5 We Rrhmw .E r45 Number of morithly overflights less than 1 5,620 0 0 2,000 feet 46. j Number of human use areas within DNL 65- 1 0 0 € 70 noise contour. Dual Track Draft EIS ao %nii 01/09/96 16:22 FAX 612 229 2739 RTB 1995 AIRCRAFT ACTIVITY FOR MSP PnLEMNARYESTENIATES Air -Carrier 282,905 Originations 6,139,953 Regional I07,401 Connections 5.154,500 Charter 7•OD3 Emplanements 11,294,453 AO -Cargo 15,583 Regional 618,507 Gen. Avia, 50,400 International 168,952 Military 2.976 Charter 510,552 Total 466,270 TOW 12,592,464 1994 454,723 1994 11,402,100 NOTES: a. All numbers, unless noted otherwise, are based upon 11 mo. actual data from MAC records, with an estimate for December. b. AD G.A. operations data is csdmatcd. C. Total operations is likely a low estimate since December numbers are usually higher than average monthly activity; and also, 1994 total of 454,723 plus about 9,000 new NWA Canadian service Operations equals about 463,723 from 466,270 estimate, leaving only some 2,547 operations for all other categories of operations. General Summary + Tonl aircraft operations are up, minimum is probably 466,270 and more likely in the 470-475 thousand range. • Air -Carrier is up, mostly from additional Canadian services. - Regional appears down slightly, this would be change in several year trend of increases. • Charter is up shoving year -over -year gains. - All -Cargo appears to have stabilized. - G.A. has likely stabilized due to the improved economy, and is similar to last years levels. - Total activity is up, following the high scenario forecasts. • Total enplanements are up about a million passengers which compares with historic annual increases for a 'good' year. - Both Originations and Connections have increased. - Regional appear to be down, and although operations are comparable to 1993 levels, the passenger traffrc is Ins, either likely through lower load factors andlor leas scats available. - hKe natioual is down somewhat; reasons why ? - Garter continues to increase, probably due to generally high fares by scheduled air -carriers. - Total cWhinemenus we up while aircraft size is stable, indicating higher load factors and Lt kt: iaetease fiequency of service. 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PURPQ5K &NT]EIED The dual track airport planning process is predicated on several assumptions. Among the most critical are the operations forecasts which determine the capacity needs upon which all of the costs and environmental consequences for each alternative are based. The forecasts anticipate an increase in total passengers of 36% from a 1994 actual total of 24.5 million passengers to a 2020 projection of 33.4 million passengers. At the same time, aircraft operations are expected to increase by 14% from 454,700 to 520,400, the difference being based on more wide-bodied aircraft, a trend which has not emerged in the seven years since the projections began to be developed nor in the fifteen years since hubbing began to dominate the deregulated airline economy. If it fails to emerge in the next twenty-five years, and operations are increased to, correspond with passenger growth, total 2020 operations will be in the neighborhood of 620,000 operations pre year. The growth in aircraft operations under the projections is one-half of 1% per year. This compares with over 8% annual growth in operations at MSP since deregulation. While it is unlikely that a growth factor on the scale of deregulation would occur in the near future, the magnitude of the reduction is excessive. The EIS itself acknowledges a revised estimate for mid -year 1995 that represents a 1% growth rate. The actual traffic level for all of 1995 is likely to dramatically exceed that. Year-end totals will be available to the MAC in late January or early February and estimates can be derived from the MAC's ANOMS monitoring system based on monthly totals which they compile. Based on unofficial estimates from ANOMS data, it appears that the actual growth rate in 1995 may be as high as 4%. Such an estimate would correspond more favorably with the FAA's terminal area forecasts which anticipate an annual growth rate of 2.4%. If the FAA forecasts are more accurate, MSP could reach the dual track study's forecast of 520,400 operations twenty years early. While growth at this rate will be constrained during the reconstruction of the south parallel runway in 1997, it is not unreasonable to expect that the availability of capacity form the parallels and an extended Runway 4/22 beginning in 1998 will permit additional growth in peak hour scheduling. The EIS suggests that the 1995 growth level is an anomaly, at least in part, because "the addition of a tenth connecting bank during late afternoon hour ... fills out the operating day." This observation tends to contradict the suggestion that demand will be the same regardless of capacity available. If the presence of additional capacity either at MSP or at the new airport could have a potential of attracting more aircraft and economic activity, a large portion of the assumptions about the alternative, their costs and benefits would be inaccurate. With respect to airport capacity, the region has engaged in the dual track study on the basis of levels of demand which result in a cost of delay of $26 million. Even with the improvements anticipated by the expansion alternative, it is forecast that operations in the year 2020 will experience $38 million in annual delay costs, as illustrated in Figure 5. At the traffic levels anticipated by the FAA projections, the delay costs are even more significant. On page II -10, the constraints on the current airport are delineated in significant detail. It is essential that the State be satisfied that future demands through the year 2020 and beyond can be accommodated at the existing site or it is likely that the dual track process will be replicated within the foreseeable future at additional cost to the public and with the alternatives being far more costly than those defined by the EIS. MOO III. ALTERNATIVES The alternative section makes a number of observations which will be addressed elsewhere in these comments. A significant issue is not addressed elsewhere in the EIS and is appropriate for comment in this section. Page M-4 indicates that the flexibility of the MSP alternative to accommodate demand greater than that forecast for the year 2020 is limited. It is indicated that additional airport development not provided under this alternative will be necessary to prevent significant levels of congestion and delay. In particular, it will be necessary to provide at least one additional parallel runway to accommodate this demand. The estimates do not incorporate any costs for land acquisition, demolition or construction of such additional runways. It should be assumed that these costs will exceed the $100 million identified in the EIS for costs associated with the north -south runway. Further expansion at the current site will require the acquisition of developed property surrounding the site at an even greater cost. An estimate of average costs of acquisition of developed property in the vicinity of the airport is approximately 5250,000 per acre. 01 V. ENVIRONMENTAL CONSEQUENCES A. Air Quality In the course of the dual track study, it has been asserted that the terminal and parking facilities for each alternative would have similar costs due to their similar configuration. In that regard, the tables on pages V-8 and V-13 raise several questions. First, if the terminal facilities are configured similarly, what is the difference in carbon monoxide emissions for the parking facilities under this analysis? In addition, it is assumed that the higher carbon monoxide emissions for roadways at the new airport as compared to the MSP alternative are a result of their length and the size of the site. Does this reflect an route emissions as well? Does the environmental review consider concentrations over area as opposed to gross. emissions? In addition, how does this correlate with the fact that aircraft and vehicle fuel consumption in the year 2020 is 4 million gallons less at the new airport than at the expanded MSP? L Economic While the Purpose and Need section discusses the cost of delay at the various alternatives, this information does not appear to be reflected in the economic analysis. In addition, the analysis reviews net tax capacity "loss" by the various municipalities, but does not reflect tax capacity increases associated with induced development. While some of this development may occur in communities other than those which lost tax capacity, they would certainly occur within the affected impact area and would reflect an offset of the impacts for both alternatives. It would also appear that the tax capacity affected by each alternative should be expressed both in the form of percentage and actual dollar figure to provide an accurate picture of the effects on the local units of government, region and State. This could be similar to the analysis of farmland impacts which consider the context of the County and State in addition to the land area itself. As will be discussed more fully under the section on noise, the mitigation proposed under the MSP alternative cost estimates is grossly understated and could exceed $500 million. It also appears that the gross tax capacity losses are predicated on the squared -off airport site. As noted in the discussion of farmland below, it is not unreasonable to assume that up to one- quarter of the new airport site could be returned to private ownership, production and tax paying status. It would also be constructive to know whether any of the economic output benefits associated with the construction of either alternative can be recaptured in a way that modifies the capital construction costs. Even if only in the form of income and sales taxes, the significant economic activity represented by both construction projects would generate hundreds of millions of dollars of State revenue. Mor K. Farmlan d The executive summary indicates that 2,800 acres of farmland would be lost under the no action alternative. This is despite an assertion on page V-94 that the no action alternative would have no impacts on existing farmland. Much of the analysis is based on the assumption that all of the property taken for the airport would be necessary for its development. It should be noted that the initial estimates indicated that only 9,700 acres were necessary for development of the .airport itself. Through the dual track process, it was suggested that it would actually be necessary to acquire entire properties rather than severing them, leaving small or irregular remnants. As a consequence, at least one-quarter of the site under analysis would not be necessary for .airport use and could be returned to agricultural uses through either sale or lease. Because agricultural uses are extremely compatible with airport uses, this would be a practical use for the land while reducing the impact on the County's agricultural economy. In addition, the agricultural productivity level of one-third of the airport site depends upon irrigation which has impacts on the aquifer which will be discussed in the ground water section. A minor point is that pages V-89 and V-95 indicate in error that 45% of Dakota County's irrigated farmland is included within the new airport site. On page V-85, it indicates that it is actually 11.23% of the County's irrigated farmland. Z�o Q. NWN Regardless of whether the airport expands or relocates, significant attention must be given to the noise consequences of operating a major international airport. Absent effective mitigation, affected residential areas will absorb the actual hidden costs of airport operations. As such, adequate and effective mitigation tools and appropriate levels of funding need to be applied to a sufficiently broad area In addition, the MAC, FAA and airlines must implement operating procedures which maintain the impacts in a manner consistent with the impact study within the EIS and, to reduce those impacts utilizing appropriate means. It is essential that the assumptions used in the study reflect as accurately as possible the situation which will actually be experienced by residents on the ground. The flight tracks referenced on page V-132 and reflected in figure Q2 show that a significant majority of traffic maintains initial headings to the southeast from the parallel runways. Under current operating procedures, aircraft traveling to the south and west begin turns to destinations as early as three miles from the runway and tracking over eastern and southern Eagan. It does not appear that this is accurately depicted in tracking data shown. This deficiency may affect the contours which were based on these tracks and have implications for the mitigation necessary, particularly in the City of Eagan. Attached to these comments is a copy of the City's statement concerning MSP airport noise mitigation needs. It notes a series of requirements for operations changes which will be necessary as long as MSP functions at its current site. These are in addition to the operating procedures outlined on page V-141. In the discussion of the runway use system on page V-141, it refers to Table A.3-7 which outlines the runway use system's assumptions anticipated with the expansion of MSP. It should be noted that a significant portion of the procedures for noise mitigation southeast of the airport are predicated on equal volumes of departure traffic from Runways 11 left and I 1 right. If the disparity noted in the table is to be the actual operating configuration of the expanded airport, it will place an even greater requirement on the airport, FAA and airlines to ensure that operations stay within the preferred operating corridors and north of residential areas of Eagan. With respect to the land use planning measures on pages V-142 through 143, the EIS makes significant use of the recommendations developed by the Metropolitan Council, MAC and the Cities of Bloomington, Eagan, Mendota Heights, Minneapolis and Richfield. The EIS refers to focusing mitigation in areas of DNL 65 or greater. The group which developed the community protection concept package anticipated it to apply to a much broader area Specifically, the group recommended that all tools be available to all area within one mile of the 60 DNL contour. This recommendation was based on the perception that noise nuisance and the need for mitigation goes substantially beyond the federally recognized DNL 65 level. In addition, the City of Eagan is recommending that all land use planning measures be available on a graduated basis at two to three miles from the 60 DNL contour such that there would be a progression from no land use measures to some land use measures to all land use measures, thereby diminishing the effects of boundaries between eligible areas and ineligible areas. In particular, it would appear that sound insulation improvements should be made available to all residents within one mile of the 60 DNL contour, that two-thirds of the cost for such improvements be made available to residents within 31 two miles of the Ldn 60 contour and that one-third of the cost of sound insulation improvements be made available to residents within three miles of the 60 DNL contour. This is especially important in the area south of the 17/35 runway in Burnsville and Eagan because of the substantial amounts of new noise generated by more than a third of all departures being routed over this new impact area Using population counts in the L10 65 contour as a surrogate for the population within a mile of the DNL 60, this mitigation would cost in excess of $500 million if the current airport were expanded. The City of Eagan further recommends that noise compatible commercial development be encouraged in communities most affected by aircraft noise through the reduction and elimination of fiscal disparities, contributions in noise impact areas and payments in lieu of taxes for private commercial development occurring on either airport site which could otherwise be located in the noise affected communities. 3�- S. Site Preservation The City of Eagan supports the preservation of the new airport site as an essential element of expansion of MSP. This position is predicated on the belief that prudent options should be maintained in the event that the operations forecast are, significantly exceeded and because a substantial investment has been made by the public in the study of alternative means of meeting the airport's capacity needs. To abandon the work done to date and reiterate such a study in ten to fift en years would result in a duplication of public costs for the analysis of alternatives which would be more distant and more expensive than those outlined under the dual track study. It is clear that site preservation could be accomplished through regulation. In the event that acquisition were necessary, it is apparent that the cost of acquisition and management could be offset by lease revenue and the sale of land if relocation were not necessary during the dual track study horizon. While land banking through acquisition would represent an impact on the social structure of family farming in that portion of Dakota County, tax capacity would actually increase as a consequence of the elimination of the homestead credit. In addition, since State school funding is based on a per pupil formula, it would appear that funding should continue at a level commensurate with the number of students continuing to reside in the area. T. Social As noted under the Noise section, because of the significant fraction of MSP traffic which would be directed to the south over new flight tracks from the 17/35 runway, areas of western, central and southern Eagan, as well as north and east Burnsville, should be analyzed for the social implications of addition of that runway. 53 CC. Ground Water Quality The executive summary is misleading with respect to ground water findings because of the criteria should and that summary nature of the matrix. While the aquifer at the new airport site is very sensitive to contamination, the EIS states on page V-284 that the ground water in the aquifer at the new airport site is probably contaminated at the present time or will be in the near future. As indicated on page V-287, shifting from agricultural land use to an airport use may actually reduce contaminate input to the aquifers in the area. In addition, because the application of agricultural chemicals to the ground is integral to their effectiveness, potential contamination from airport uses, which could be better mitigated, represents less of a threat to the ground water and downstream wells than the current use of the property. By focusing only on the sensitivity of the area in the executive summary, it gives the impression that the proposed use would be detrimental, while the body of the EIS suggests that demands on the aquifer and its potential contamination would actually be reduced by the change to an airport land use. Except for rural residential wells, which are likely to require treatment because of current chemical contamination anyway, the only water system which is downrange from the new airport site is the Hastings Municipal System which utilizes a much deeper and more protected aquifer. APPENDIX B Figure Q-5 attempts to reflect differential noise contours without differentiating between the appearance of the lines themselves. It would appear that a dashed line for one contour or the other would permit easier interpretation. 3� J CITY OF EAGAN MSP AIRPORT NOISE MITIGATION NEEDS The City of Eagan experiences severe aircraft noise impacts due to its location southeast of the airport and the priorities of the Runway Use System. These impacts are made worse by the failure of the FAA and airlines to comply with procedures to maintain traffic over noise -compatible land uses which the Cities of Eagan and Mendota Heights have set aside for this purpose. As a consequence of current impacts, the City of Eagan is very concerned about the effects of current operations and the possible expansion of the airport at its present location. As a part of the Dual Track Airport Planning Process, the City of Eagan has worked closely with the Metropolitan Council and other cities around the airport to develop the Minneapolis -St. Paul Area Community Protection Concept Package. The tools will be necessary for affected communities regardless of the alternative chosen. If the airport expands at its current location, the tools outlined in the Package will be essential. The City of Eagan supports the adoption of the Community Protection Concept Package as a necessary part of the Dual Track decision with the qualifications outlined below. Even if the decision is made to relocate the airport, some of tools will be important to mitigate aircraft noise impacts in Eagan until a new airport would be operational. Even though the City of Eagan has been able to plan its land use in consideration of the airport, the dramatic increases in operations since airline deregulation have resulted in unacceptable levels of noise in residential areas outside the commercial and industrial land uses planned for aircraft noise. If the airport is expanded at its current location, it would increase the exposure of even more areas of the City, the aggressive application of Community Protection tools such as expanded sound insulation, property value guarantees, preferential tax treatments and the other tools outlined in the package are essential. Absent the availability and application of these tools, the expansion of the airport will result in significant levels of hidden costs borne by our tax payers and reflected in our tax base.. As the City has matured, the potential for additional land use restrictions outside of the Metropolitan Council noise zones has become limited. While the City will continue to discourage incompatible land uses within the industrial areas and traditional noise impact areas, the extensive development throughout the community prevents any substantial benefit from extending such controls to other areas. The City of Eagan has responsibly planned and developed its land uses to take into account the aircraft noise issues which could be anticipated. The City would not support the creation of additional levels of government which would limit Cities' authorities to determine appropriate land use solutions. The City does recognize 3 C however the traditional and continuing role of the Metropolitan Council in maintaining policies and standards to assist and support City decisions in this regard. To make the application of the Community Protection Concept Package effective, the following additions are essential: I. Certain of the community protection tools should be implemented in a graduated fashion at 2 and 3 miles from 60 DNL contour so that there is a progression from no tools to some tools to all tools. These include sound insulation, property value guarantees, tax increment financing and preferential tax programs. Such programs should benefit the noise affected residents without penalizing -the local jurisdictions. 2. New commercial development should be encouraged in the communities most affected by aircraft noise rather than on airport property. 3. New commercial development within airport property at either the existing or Dakota County location should be required.to make payments in lieu of taxes and fiscal disparities contributions. Fiscal disparities distributions equal to these contributions should be made to the communities most affected by aircraft noise. 4. Eliminate Fiscal Disparities contribution for communities most affected by aircraft noise or at least within the 60 DNL contour. In addition, long term compatibility of NSP with its neighboring communities is dependent upon certain operational assumptions and changes which must be vigorously enforced on and by the NAC. 1. The Corridor operations should be narrowed using to the fullest extent possible newly available technology such as Global Positioning Satellite navigation and other air traffic control enhancements. These improvements should be used to better utilize the airspace around MSP and to minimize aircraft noise impacts in areas which were not planned for them. It is becoming increasingly apparent that the noise abatement capacity of the corridor is finite. It is essential that mechanisms be put in place to insure compliance with the corridor. If this is not possible, then it is unfair to concentrate impacts on the residents of the communities adjacent to the corridor. Absent effective and acceptable corridor compliance, the Runway Use System should be dismantled, parallel crosswind runways should be added to provide equal capacity in every direction and every effort should be made to equitably distribute air traffic on all aides of the airport. �37 2. The airport should place equitable impacts on all communities it abuts and reduce its inequitable reliance on the communities southeast of the airport. If air traffic is redistributed in other directions, it should be done in such a way that it does not further impact cities which already receive the majority of aircraft noise, such as Eagan and Mendota Heights. In particular, operations utilizing an extended Runway 4/22 or a north -south runway should use Standard Instrument Departures and other means of preventing additional overflights of the City of Eagan. 3. Aircraft departing and arriving at MSP should be directed to use, to the greatest extent possible, those areas which were planned by the region and the communities to absorb the worst of the aircraft noise. In large part, these areas are made up of less noise sensitive land uses such as agricultural and industrial park properties. Optimum flight tracks should be established and implemented which best utilize these areas and recognize the planning efforts of the communities to provide them. 4. Once modified in the ways outlined above, the boundaries of the arrival and departure corridors should be specifically defined and aircraft noise exposure standards should be established for residential areas along the corridor. The MAC should be responsible for monetary fines and documentation for aircraft operations violating these standards. The fine proceeds should be paid as compensation to the city or cities affected by the violation for the benefit of the residents most affected by aircraft noise. 5. Nighttime aircraft restrictions should be put into place immediately to ensure that only quieter Stage III aircraft are flown between the hours of 10:00 p.m. and 7:00 a.m. Such restrictions should be mandatory and violation of the standards should result in monetary fines to the offending carrier with the proceeds to the affected city or cities for the benefit of the residents most affected by aircraft noise. 6. Departure and arrival procedures should be reviewed and adjusted to ensure that the full performance capabilities of all aircraft are being utilized to optimize the rate of climb or descent relative to the noise compatible and noise sensitive areas in the surrounding communities. This should include consideration of Noise Abatement Departure Profiles, full -thrust departure procedures, steeper arrival glide slopes and other :weans of ensuring that the worst of the noise impact is concentrated in the noise compatible areas. This is especially important in the areas affected by the possible addition of the north -south runway due to its potential to significantly degrade residential uses in Dakota County communities, if no operational changes are implemented. 7. The airport should be responsible for ensuring that any expansion of the current airport be "noise neutral" to the urbanized areas, whether it be the extension of Runway 4/22, the addition of the north -south runway or the addition of a third parallel runway. This means that no new noise impacts would be generated in off -airport -properties as a result of these activities. S. The MAC should establish measurable criteria by which the performance of MSP is to be judged in deciding whether or not airport expansion is warranted. These performance criteria should be frequently and regularly reported to allow interested parties to monitor the need to undertake the improvements described in the MAC Comprehensive Plan. 9. When subsequent aircraft stages are defined which can further reduce off -airport noise impacts, nighttime restrictions of older aircraft and other efforts outlined above should be implemented to require the use of such aircraft technologies to ensure further noise reductions for neighboring communities. X3''1 MINNEAPOLIS/ST. PAUL AIRPORT -AREA COMMUNITY PROTECTION CONCEPT PACKAGE Prepared For Metropolitan Council City of Bloomington City of Eagan City of Minneapolis By Clarion Associates Denver, Colorado Metropolitan Airports Commission City of Mendota Heights City of Richfield in association with Richardson, Richter & Associates, Inc. St. Paul, Minnesota October 1995 Cho MUMAPOLLS/ST. PAUL AIRPORT -AREA COSY PROTECTION CONCEPT PACKAGE—DRAFT Clarion Associates in association with Richardson, Richter & Associates, Inc. October 1995 INTRODUCTION The Minneapolis/St. Paul (MSP) Airport is widely recognized as being one of the primary economic assets and engines in Minnesota. Not only does it provide substantial direct economic benefits in terms of jobs, but it is a key link for the state in an increasingly global econdfngr - -. The state legislature is currently studying whether, if MSP is to remain a smoothly functioning, modern and competitive facility, it should move to a new site in Dakota County or remain at its current location and expand. A decision is expected sometime in 1997. It is clear, however, that even if MSP moves to a new site, that move will not take place for up to 20 years given current capacity and projected demand. While the airport obviously has many positive benefits for the region and state, it is also apparent that it has significant impacts on the communities around it. Noise impacts are always the first issue that springs to mind, but in reality there are others of equal significance -- safety, ground traffic, fiscal/tax base impacts, environmental influences, and effects on property values and overall community stability. Most airport -impact mitigation efforts focus almost exclusively on noise --and the Metropolitan Airports Commission has established a good track record with its noise insulation and property buyout programs. However, it is becoming increasingly obvious that because of limited federal funding, the noise mitigation programs are limited in their outreach. Moreover, if the airport is to be a good neighbor for at least the next twenty years, and the vitality of surrounding communities is to be maintained, these other impacts need to be addressed. Simply buying property and tearing it down or insulating existing houses closest to the airport is not enough. Airports are dynamic facilities, at least if they are successful. Operational requirements are constantly changing and new runways and other facilities need to be added from time -to -time. Thus mitigation efforts at MSP must also be dynamic, continually changing and being adapted to respond to changing airport impacts. At the same time, steps need to be considered that will prevent any new incompatible development around MSP that would hamper its efficient operation in the long term. To tackle these issues, staff representatives of the Metropolitan Council and the Metropolitan Airports Commission have been meeting informally since late 1994 with representatives of local governments that are located in the vicinity of MSP. These include Bloomington, Eagan, Mendota Heights, Minneapolis, and Richfield. The group's primary goal has been to identify and explore tools that can utilized to address MSP impacts and to enable communities in the airport environs to take the initiative in dealing with them.' In essence, these discussions have focused on how to make the airport a better neighbor and to ensure the continued vitality of surrounding neighborhoods and businesses. Recognizing that this effort was a two-way street, the group also examined ways to prevent new incompatible development that might adversely affect the airport. During 1995, the group has examined a wide range of tools and techniques and has developed a mitigation package that the group recommends the legislature consider regardless of the decision regarding location of MSP? This package includes several of the most promising approaches identified over the course of six months of study and deliberation. It would require cooperative action by the state and its agencies, the Metropolitan Council, MAC, and private sector businesses: • Community gahili .ation technimues such as property value guarantees, tax credits for housing revitalization in noise impact areas, acquisition of incompatible land use prior to deterioration. • Community revitalization approaches such as tailored tax increment financing districts and community development banks. • Incentive 1tro ms similar to those commonly used in siting large facilities to provide offsetting benefits (such as neighborhood recreation centers) to a community or neighborhood. These would include incentives from private firms (e.g., the airlines, car rental companies) as well as from public agencies. • Airport protection measures such as improved local land use controls to ensure that developments that are incompatible from a noise or safety perspective do not occur in the airport environs unless mitigation measures are undertaken. The group also examined the issue of where such tools and incentives might be made available. While airport impact mitigation programs often are confined to areas affected by a certain level of noise (typically within the so-called 65 Ldn contour), the group believes a convincing case can be made that the impact area should not be so narrowly defined. When homes are demolished within a 70 Ldn noise contour, the impact on the availability of affordable housing may be significant throughout the entire community. Likewise, their may be a significant effect on a community's tax base. Of course, airport expansion can have a range of other significant impacts on a community, for example, major changes in traffic levels and patterns. 'A summary of the operating principles adopted by the group is attached to this document. 27be measures discussed by the group did not discuss changes in airport operations, such as limitations on hours of operations and alterations of flight patterns, that may be necessary to fully ameliorate adverse impacts. c�a Based on such considerations, the recommendation here is simple two-step screen to determine which communities should be eligible to use the range of tools discussed in this memo. First, only communities that have within their borders a 60 Ldn noise contour as defined by the MAC would be eligible to participate. Second, to put reasonable limits on the geographic area within which the tools might be employed, the group suggests they be available in neighborhoods within one mile of the 60 Ldn contour as depicted on the attached map. The definition of the precise boundary within these general parameters should be delegated by the legislature to the Metropolitan Council to negotiate with each jurisdictions to ensure logical coverage of affected neighborhoods. SLUMARY OF MITIGATION TOOLS AND TECHNIQUES Communities across Minnesota and the United States have used a variety of programs to help stabilize and revitalize their neighborhoods and commercial areas. For example, in the airport area the City of Richfield has undertaken an innovative housing development program to stabilize neighborhoods around the airport. Similarly, the City of Minneapolis has utilized programs such as the Family Housing Fund to renovate deteriorating housing. However, these programs are limited in scope and do not address other key community stabilization issues. Property Value Guarantees Where landowners anticipate that their properties will be adversely affected by noise from airport operations, they may perceive a threat to their property values. This perception may lead to a pattern of flight from the neighborhood, thus lowering values, damaging the integrity of the area, and rendering the area unstable and vulnerable to disinvestment and an influx of incompatible land uses. Additionally, perceiving a potential loss in value of their most important investment, some owners may strongly oppose any airport expansion that will affect them. Experience in the Village of Oak Park, Illinois, a middle-class suburb of Chicago, demonstrates that local governments can bolster confidence in an area of potential deterioration by providing guarantees against property value depreciation. Oak Park utilized a property value guarantee program to stabilize a racially changing neighborhood. In brief, the program worked like this. Owners of eligible single-family residences submitted an application to join the program with an $90 application fee that covered the cost of an appraisal and administrative expenses. If after five years the homeowner sold at a price lower than the original appraised value, he was entitled to be reimbursed for 80% of the loss, assuming the house had been maintained adequately during that period. If substantial improvements were made during that time, a reappraisal was possible. Also, if the property could not be sold on the open market, then the owner was eligible to have it purchased by a village -established Equity Assurance Commission. Oak Park believes the program was successful in calming fears of property value loss. While over 160 homeowners initially joined, less than 60 properties remain in the program. Interestingly, no claims were ever filed for reimbursement. Today, the village has successfully integrated and remains a desirable residential community. Emulating this concept, local governments around MSP should be authorized to establish a program that pledges to reimburse landowners for losses in property value caused by airport operations and impacts. Backup funding to cover any payouts might come from the state or the Metropolitan Airports Commission. The local governments would pass through such reimbursement upon the landowner's sale of property. The landowner might be asked to waive any state relocation benefits as a quid pro quo for any equity reimbursement, the rationale being that such reimbursement would make them whole and that the move was voluntary. Where owners are unable to sell their properties, such programs might require local governments to purchase the properties in fee simple at fair market value, again with backup funding from the state or MAC. Participation would be optional for all property owners within a designated eligibility zone (such as a noise overlay zone). Preferential Tax Programs To encourage citizens to continue to live in an area that is under some form of physical or social stress or to move to such areas, states and local governments across the United States have adopted a variety of income and property tax credit programs. For example, the State of Minnesota recently adopted an urban homesteading program that authorizes the Metropolitan Council to designate urban revitalization and stabilization zones that are in transition to blight and poverty. Any person buying or occupying a home within such a zone is eligible for an exemption from Minnesota taxable income for up to five years (up to a limit of $15,000 for married individuals filing a joint return) in specified circumstances. Similarly, the 1995 Omnibus Tax Act provides special property tax benefits to encourage owners of commercial and industrial businesses to locate within one-fourth mile of major transit stops. The goal is to encourage job density around transit stops, thus making mass transit more feasible. The state's enterprise zone legislation also provides property tax benefits to businesses locating in designated areas. (Amends Minn. Statutes Section 273.13, Subd. 24 and adds Minn. Statutes Section 473.3915) In the context of the airport area, such tax benefits might be geared towards trying to keep existing residents in place. Thus a credit might be offered to all persons who have lived in a designated impact area for a specified period and who continued to do so. If the person moved out of the area within a certain time of claiming the credit, a portion of the tax credit might be recaptured. Housing Revitalization Programs As noted above, several of the MSP -arca communities have undertaken aggressive and innovative housing revitalization programs. However, where these efforts involve direct government action as they do in Richfield to purchase deteriorating properties, they can be quite costly for local jurisdictions. Experience with programs like the "This Old House" rehabilitation tax credit program in Minnesota, which provides a tax write-off for owners who make improvements to homes over 35 years old (Minn. Statutes Section 462A.203, Housing Preservation Program), and similar initiatives in other states demonstrates that if individual homeowners can be enticed into spending their own fiutds, government expenditure can be significantly leveraged. Interestingly, in Minnesota half of the credits have been claimed by owners of homes with values less than $85,000. Thus the state legislature should consider replicating such a rehabilitation tax credit program for homes in designated airport -impact areas, tailoring it to be more effective by reducing the age limitation to fifteen years instead of thirty five and thereby encouraging renovation of a wider range of housing. In the same vein, experience demonstrates that private investment in housing can be greatly encouraged with a modest reduction in mortgage lending rates, down payment requirements, reduction in closing costs and similar approaches that reduce initial investment and carrying costs for prospective homeowners --especially first-time buyers. As applied to the airport area, special lending programs embodying these concepts, in addition to those already in effect in other areas, to encourage more aggressively first-time home buyers, thus helping to stabilize the airport -area neighborhoods. Housing renovation revolving loan funds have likewise proven to be useful tools in broader community stabilization and housing preservation programs. Typically, local governments create low-interest loan rehabilitation loan funds for designated areas (e.g., an historic district). Homeowners in the district can borrow funds for rehabilitation at below-market interest rates, thus encouraging investment of their private dollars. Payment can be made over a specified term or upon sale of the home. Repaid funds are then recycled by making new loans. A similar program is currently available in Minneapolis through MCDA—the Middle Income Housing Program. This program is not limited to first-time homeowners, it makes loans available for housing rehabilitation such as putting a new roof on a house. Funding for such a program tailored for the airport area might come from a one-time appropriation by the state legislature, an annual contribution by the MAC, issuance of revenue bonds by MAC, noise impact fees on late-night flights, or a combination of sources including some form of local match. Community revitalization programs are generally seen in areas that are past the stage of "preventative medicine" such as the property value guarantee. Communities have generally discovered that there are no "silver bullets" when it comes to revitalization, but rather success will depend on utilization of a variety of programs to address problems such as lack of capital investment funds. Again, MSP -area communities have some substantial experience with commercial and residential revitalization programs, but more programs are needed to enable them to deal more effectively and comprehensively with airport impacts. J 5 Tax Increment Financing Tax increment financing MIF) districts have proven to be an effective community revitalization tool throughout the state. There are currently five general types of TIF districts, and the municipalities surrounding MSP may qualify to use one or more of these districts. Generally, however, there are limitations imposed relating to percentage of substandard structures in an area, purposes for which funds can be spent, the basis upon which the increment is calculated, and areas within which funds can be expended that tend to limit the usefulness in dealing with airport 'With relatively modest tailoring, the airport area working group believes that TIF could become a powerful tool to deal with a whole range of airport -impact issues. These recommended changes include: +a Qualifications: Alter basic qualifying language so that, in addition to a specified percentage of substandard housing, location within an airport impact zone would trigger use of the district. • Spending of increment: Permit the increment to be used for several purposes in addition to the standard land acquisition, site improvements, etc. Other qualifying expenditures might be noise insulation, rehabilitation loans, mortgage revenue bonds, community facilities, etc. Geographic restrictions on spending: Allow expenditure of increment anywhere within broader project area, perhaps the entire airport impact zone; do not limit just to district. • Increment basis: Allow localities to write down increment basis to zero. Addressing the associated reduction in local government aid is important to the communities. One alternative would be to allow use of tax increment financing in the qualifying communities without local government aid penalty. Another alternative for consideration would be to spread the reduction over the seven county region the reduction to reflect the regional importance of the airport and the special burdens borne by airport -area communities that benefit others throughout the region. + Inclusion of commercial airport property in districts: An increasing number of airports around the United States are encouraging non -aviation related commercial development on airport land, particularly in open buffer areas on the periphery of an airfield. MAC should be specifically authorized to allow commercial use of buffer properties for non -aviation commercial uses, and such properties should be included in districts, the increment equivalent being paid into a fund to be used to address airport impacts. t Community Development Bank Availability of a steady flow of investment capital or low-interest loans is often a key ingredient in the success of community revitalization programs. Experience shows that in blighted or deteriorating areas, bank lending and other traditional sources of renovation and revitalization funding may dry up or conventional financing may not be sufficient to stimulate private investment. To address this issue, several community development banks have sprung up that might be emulated in the airport environs to deal with lack of private loan funds or low-interest financing. One of the most successful of these community development banks --the South Shore Bank in Chicago --is described more fully in the attached report. Using a combination of targeted residential and commercial loans, strategic development projects, and education programs, it has been responsible for revitalizing a neighborhood that had been written off by most observers In most respects, this community development bank is no different than any local neighborhood financial institution. Criteria for lending is the same used by other banks --credit worthiness of the borrower, debt to loan ratio, and similar indicia. One important difference, however, is that a significant amount of the banks funds are in "development deposits" --deposits by institutions and individuals located outside the South Shore area who want to see their money used for neighborhood rehabilitation. As the bank's executive vice president has stated, "We are owned by shareholders who wish to invest in profitable operations, but who are also interested in economic development." Community development banks often make rehabilitation funds available at below-market interest rates or with extended payment schedules. This non-traditional financing is often the key to getting the revitalization ball- rolling. Funds for such non-traditional programs come from a variety of sources --community development funds, Community Reinvestment Act programs, and private sector contributions, to name only a few. The idea of a community development bank for MSP -area communities is worthy of further exploration. While the indicia of distress and disinvestment are lower for these communities than was true in South Shore, a community development bank may be able to help stem deterioration in some residential areas and provide venture capital and rehabilitation funds in commercial areas, particularly neighborhood commercial. Chartered by the state legislature, start-up capital for such a bank: might come from a combination of sources, including MAC, area governments, and even the state who could deposit funds therein. Area companies (particularly those associated with the airpon) could also assist by depositing funds and making program -related investments (which typically must be paid back, but at very low rates of interest.) In the real estate development business nationally, it is an increasingly common practice to provide incentives and benefits to neighborhoods and communities that are asked to bear the impacts or burdens associated with a large facility (e.g., a large industrial development or ski q7 7 resort). These might range from road improvements to ease potential traffic jams to set asides of Significant amounts of park land to offset loss of open space on-site or increased demand on local .parks associated with an influx of new workers. The types of other incentives offered by developers include: • Community and recreation centers; • Contributions towards local police, fire, and emergency medical services/equipment; • Planning assistance to help cope with anticipated impacts; • Special rates for use of commercial facilities (e.g., discount tickets at a ski resort). In a general sense, these incentives and benefits are intended to protect and possibly enhance the quality of life in an area in which a new development is viewed as potentially compromising that quality of life. They can also help take the "sting" out of having to live with a major development. In the context of the airport, an incentive/mitigation package might include, for example, funding for additional indoor recreational facilities. The logic would be that such facilities would help "compensate" surrounding neighborhoods for the adverse impacts airport noise has on the use of outdoor recreation sites. MAC has already taken some important steps in this direction by making some of its land available for a public golf course that not only provides additional recreational opportunities, but also provides an important buffer for neighboring Richfield. Private companies might also be enlisted in this effort. In many communities, airlines contribute free or discount tickets to worthy community causes in airport environs. For example, to encourage community involvement in planning for the redevelopment of Stapleton Airport in Denver, Continental Airlines contributed airline tickets and lodging as prizes in a contest for school-age children to suggest interesting uses for the site. The MSP communities feel that the many companies and firms that are dependent on the air travel and cargo business and are more than willing to weigh in on the side of keeping the airport at its current location have an obligation to assist in dealing with the adverse impacts of the airport as well. Noise insulation programs, because of limited funding, do not even deal with the major adverse impact associated with the airport, let alone the serious secondary effects discussed above. A recurring problem around most major airports throughout the United States is the continuing construction of uses that are incompatible from either a noise or safety perspective. Several steps have been taken in Minnesota to guard against this persistent problem. For example, the state has enacted the Airport Zoning Act (Minn. Stat. sec. 360.061 et seq) that requires municipalities within airport hazard areas to enact special protective regulations to prevent construction or expansion of certain high density and other uses. Similarly, the Metropolitan Council, as part of its regional planning responsibilities, has promulgated model noise protection standards that are 4g 8 to be incorporated into local comprehensive plans and regulations. Unfortunately, these requirements have not worked in practice. The joint Zoning board established around MSP pursuant to the Airport Zoning Act is no longer active. And while a few airport -area municipalities have adopted the Met Council noise standards, the majority have not (although most have some noise protection/insulation standards for new construction). If the airport is to continue to function in an efficient, safe manner, it is important that steps be taken to make these processes more effective. To do so, the legislature should consider: Integrating the airport zoning ordinance safety requirements with the Met Council noise standards to be administered by a revamped Airport Zoning Board. Putting "teeth" into the enforcement provisions of the Airport Zoning Act so that local compliance is ensured. At the same time, the state legislature must address the issue of compensation if local regulations prevent a proposed use and local governments are threatened with "takings" litigation that may result in a damage award against them. • Requiring that local implementing regulations be performance based, that is, they specify preferred result, but give local governments regulatory flexibility in achieving a specified objective. + Providing land use planning assistance to local governments so that they can comprehensively assess and plan areas subject to airport impacts. 47 AIRPORT V"ACT MITIGATION TOOLS SUMMARY TOOL SOURCE OF EXAMPLE AUTHORITY/FUNDING Property Value Guarantees MAC/State of Minnesota Oak Park, Illinois, equity assurance program. Preferential Tax Programs State of Minnesota Minnesota urban home- steading legislation. Housing Revitalization State of Minnesota Minnesota "This Old House" P'og'o legislation tax credits for home renovation. Tax Increment Financing State of Minnesota Current state tax increment Expansion financing legislation. Community Development MAC/State/Airport-Related South Shore Bank in Bank Businesses Chicago. Community Incentive Airport -Related Businesses/ Large real-estate Programs MAC developments; ski resorts. s� J r V � C W� CL O jL -... 3a�� >41 COW c v' 3 v; c Y 00 ^ � 4d .N+ y op,V % 1 r �_-_ go Y �♦ 1� �OW q W +, y i� rF h Agenda Information Memo January 16, 1996 Eagan City Council Meeting E. CHANCE ORDERS, Mi.NICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED: To approve change orders for the Municipal Center expansion project in the amount of $2,247.28. ATTACHMENTS: • Staff memorandum on page ,,,�-3 5a- Y'cf eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JANUARY 10, 1996 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS MEMO The City is in receipt of six change orders for the municipal center remodeling in the amount of $2,247.28. The changes are described below: 1. Glewwe Doors - Change Order #3/poo #63 - Modify door to fit existing opening - $150.00. 2. Glewwe Doors - Change Order #2/poo #28 - Change locks on existing vetibule doors to match new locks and add lock to computer training room - $314.00. 3. Del's Construction - Change Order #5/pco #67 - Fill masonry wall openings for fire rating, backcharged to other contractors - $782.00. 4. Ceilings Incorporated - Change Order #3/pco #68 - Relocate ceiling grid in inner lobby at request of owner - $150.00. 5. Resch's Tile - Change Order #3/poo #72 - Corrections to restroom floors due to unforeseen conditions and backcharges for cleaning and repainting - $576.28. 6. Haldeman -Homme - Change Order #3/poo #73 - Modify cabinets in file room to accomodate copy machine - $275.00. These items have been reviewed in review in detail by the staff and consultants and are in order for consideration by the City Council at this time. If any Council member wishes to review the changes in more detail, please let me know. 53 Agenda Information Memo January 16, 1996 Eagan City Council Meeting F. RESOLUTION DENYING McG'S CONDITIONAL USE PERMIT TO ALLOW MOTOR FUEL SALES ACTION TO BE CONSIDERED: To ratify a resolution denying McG's Convenience Store a conditional use permit to allow motor fuel sales. FACTS: The City Council acted to deny the above -referenced conditional use permit at its meeting of December 5, 1995 and directed the preparation of a resolution reflecting their findings and basis for denial. ATTACHMENTS: Resolution on pages through. 5 � EXTRACT OF NIlNUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on December 5, 1995, at 6:30 p.m. The following members were present: Councilmembers Wachter, Awada, Masin, Hunter and Mayor Egan. * * * * * * * * * * introduced the following resolution and moved its adoption: CITY OF EAGAN RESOLUTION DENYING MCLS CONVENIENCE STORE CONDITIONAL USE PERMIT TO ALLOW MOTOR FUEL SALES. WHEREAS, the Advisory Planning Commission of the City of Eagan held a public hearing on this matter on November 28, 1995. The Advisory Planning Commission recommended approval of the application (with conditions) at its November 28, 1995 meeting. WHEREAS, the application was then heard by the Eagan City Council on December 5, 1995. At the December 5, 1995 City Council meeting, the Council heard from interested parties and considered the matter in conjunction with all of the files, records and prior proceedings, all of which constitute the record in this matter. NOW THEREFORE, BE IT RESOLVED: That the application of McGs Convenience Store for conditional use permit to allow motor fuel sales is hereby denied based upon the following: l.The Applicant has the burden to establish compliance with City Code provisions and City Comprehensive Guide Plan provisions. 2. This proposal includes widening out of the existing entrance and emphasizing it as a main entrance. 3. The operation will be 24 hours per day. 4. The proposal will emphasize this entrance as a main entrance not only to McGs Convenience Store but also the adjacent retail shopping center. 5. The proposal will eliminate 15 parking stalls from in front of McGs- 6. As a result of all of these things, there will be appreciable increase in pedestrian and vehicle traffic at the entrance. 7. The increased traffic will cause pedestrian and vehicle conflict and increases risk of personal injury or property damage. 8. Adjacent residents testified that there would be a decrease in their property values by reason of the underground storage tanks and that such use is not harmonious with the adjacent use. 9. Motor sales use at this location would be inappropriate as too intense. 10. Because of the issues and problems which are cited above, the Applicants proposal is not a benefit to the surrounding community or the community at large. Based on the foregoing, the City Council of the City of Eagan finds that the Applicant has not met its burden of persuasion and the Application is hereby denied. ADOPTED by the Council this day of , 1995. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: *; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. ATTEST: E.J. VanOverbeke, City Clerk S(O CITY OF EAGAN Thomas A. Egan, Mayor Agenda Information Memo January 16, 1996 Eagan City Council Meeting G. ACCEPT RESIGNATIONS. ADVISQRY COMMISSIONS ACTION TO BE CONSIDERED: To accept the resignations of Roy Wallace from the Advisory Planning Commission, Sherie Wallace from the Advisory Parks, Recreation & Natural Resources Commission and Doug Dahl from the Burnsville/Eagan Cable Communications Commission. ATTACHMENTS: • Resignation letters on pages through. 57 THE WALLACE GROUP PUBLIC RELATIONS - MARKETING COMMUNICATIONS • QUALITY TRAINING P.O. Box 36066 • Minneapolis, Minnesota 55435 • 612 341-2100 3138-B Farnum Drive • Eagan, Minnesota 55121 • (fax) 612 452-3504 December 26, 1995 Eagan City Council Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Dear Councilmembers: It is with mixed emotions that I submit my resignation as a member of the Advisory Planning Commission, effective December 31, 1995. I believe that at a minimum my continued service on the Commission while my firm,, The Wallace Group, is working with the City on a regular basis would violate the spirit, if not the letter, of the ordinance covering Commission membership. Participation in the work of the Commission has been both educational and rewarding and I have had the opportunity to work with many committed and aware individuals. I have benefited from the experience. I do, however, look forward to serving the City through our work as a consultant, helping to improve Eagan's communication with its many and varied constituencies. I believe this is more important at this point in time. I want to thank you for the opportunity to serve on the APC and for the challenge of working with you in communications in 1996. We are committed to helping you achieve success in bettering public understanding of city government and the services it provides. Sincerely, Ra W ace THE* WALLACE GROUP PUBLIC RELATIONS • MARKETING COMMUNICATIONS - QUALITY TRAINING P.O. Box 36066 • Minneapolis, Minnesota 55435 • 612 341-2100 3138-B Farnum Drive • Eagan, Minnesota 55121 • (fax) 612 452-3504 December 27, 1995 Eagan City Council Eagan Municipal Center 3830 Pilot Knob Eagan, MN 55122 Dear Council Members: This letter is to announce my resignation from the Advisory Parks, Recreation and Natural Resources Commission. With the city's decision to hire my firm, The Wallace Group, it is not longer fitting to act in the role of a commissioner. I regret that l have to make such a choice since I have fully enjoyed being a commissioner, but I am looking forward to assisting the city inns imaging and public relations efforts. I would like to thank you all for your trust in me as a resident to represent the citizens voice in the parks, recreation and natural resource decisions that had to be made over the past year and a half. I not only came to know the park systems and natural resources of Eagan more fully, I also gained a great deal of respect for the dedication of the city staff in these departments. Their dedication to quality planning and careful decision making is remarkable and made it a joy to be a commissioner. The APNRC is a valuable group of residents who were not only serious commissioners but could find the time for a fitting joke in the process. Over the past six months a team atmosphere has gelled. I expect that you will find many qualified residents who would value joining such a team. I look forward to working with you and city staff in the new area of marketing and public relations. I expect that it too will be another quality working partnership for the betterment of Eagan. Sincerely, Sherie Wallace 01/04/96 15:39 FAX 612 895 4512 CITY OF B-VILLE R=95% Deoamber 15,1995 City dTJWn 3830 Pilot Knob Rd. Eng", W 55121 Aun: Mayor Egazs, and City Council Subject: BmnsviilleWAW Cable Commwdcations; Commission Dear Mayor Egan and members of the City Council It is with mixed feelings that I roust submit this letter of resignadon finmt the �l1SZ�' 2 r`7 'j'6la_%nmiminiotwns Commhum one year midr to. -the expmWiov. of .. my term. Having served this commission for seven of the past eight years, it has been a very important part of my fife. Howvver, it is time to let it go in order to devote the time to my business and my fenny. I would like to thank the City Council for the support we. received over the years. 'Your job is not an easy one, but your efforts have not gone unnoticed and tom► arc aSRr�. I also want take this opportunity to express my apprecastion fou' the professionalism and the awAllent support the oommission has received from staff members M ke Reardon and John Hohenstem, as weEas our outside attorney, Tom Creighton. We have also enjoyed an excellent working relationship with Mendeth Cable that has been developed through mutual trust and respect for Kathy Donnlley-Cohen as the represcatative for the company. Finally a comment about the joint commission. In my years saving this commission, city boundaries did not enter into a singto issue. That speaks highly not only of the commission members, but also of the city councils of the member cities. I would encourage you to continue the annual joint council meetings to maintain and improve communicadons between the member cities. Q002 Please accept this. resignation effective at the end of December in order to appoint a — replrin:aziaerS►=�ong �.vit�rte norrcual cosss+ eppok6=ft. Sincerely, :b& Doutg V'lC& Ch* BwmillakAgan Cable Com=wicafions Corrbmission 612 895 4512 01-04-95 04:40PM P002 #22 Agenda Information Memo January 16, 1996 Eagan City Council Meeting H. MASSAGE THERAPIST LICENSES PAULA CHASE & ROXANNE CARRIBESEMAN ACTION TO BE CONSIDERED: To approve the massage therapist licenses for Paula Chase and Roxanne Carr, subject to the results of the Police investigation. FACTS: • The City is in receipt of applications for massage therapist licenses for the above -referenced individuals to perform therapeutic massage at the Care Chiropractic Clinic at 3390 Coachman Road, a facility currently licensed for massage therapy. • Staff has reviewed the applications and they are in order for consideration by the Council subject to successful completion of a Police investigation. ATTACHMENTS: • Applications enclosed without page number. 16, Agenda Information Memo January 16, 1996 Eagan City Council Meeting 1. APPROVE -CLO SING AND TRANSFERRING OF ASSETS AND LIABILITIES OF CERTAIN FUNDS ACTION TO BE CONSIDERED: To approve closing and transferring the assets and liabilities of the following funds: Fund Closed 447 1979 Fire Station and Equipment 487 1990 Equipment Certificates 450 Consolidated Debt Service Bond 454 1978-B Special Assessment 455 1979-A Special Assessment 456 1979-B Special Assessment 457 1980 Special Assessment 461 1982 Special Assessment Preliminary 12-31-95 Closed To Fund Balance 335 Equipment Revolving $29,709 335 Equipment Revolving (1,083 Subtotal S28.626 337 Community Investment $328,450 337 Community Investment 6,019 337 Community Investment 871,679 337 Community Investment 450,907 337 Community Investment 962,683 337 Community Investment 18.471 Subtotal S2,638,209 377 Park Trail Dedication & Construction 375 Major Street (S278,911) Subtotal 78 9 Grand Total S2,387,924 FACTS: A fund is set up as a fiscal and accounting entity with a self -balancing set of accounts recording cash and other financial resources, all related liabilities and residual balances. Funds are created to segregate specific activities in accordance with special regulations, restrictions, or limitations. Upon completion of those activities the City Council has the discretion to use available balances for any purpose for which City assets can legally be used. The 1980 Special Assessment Fund has one $25,875 debt service payment left to be made on July 1, 1996. That cash balance will remain and the fund itself will formally be closed after that payment. All other funds will be closed effective December 31, 1995 assuming the recommended City Council action. The December 31, 1995 financial report will reflect those closings and transfers. Agenda Information Memo January 16, 1996 Eagan City Council Meeting The fund balance number is the equity, it is not all cash. Certain special assessment fiords have assessment receivable accounts. The closing of the Park Trail Dedication and Construction Fund to the Major Street Fund will require development of a trail financing policy which will subsequently be forwarded to the City Council for approval. Agenda Information Memo Janus► 16,1996 J, VACATE EASEMENT, DOPPLER HOMESTEAD ADDN ACTION TO BE CONSIDERED: To receive a petition to vacate a utility easement (Doppler Homestead Addition) and schedule a public hearing for February 20, 1996. FACTS: There is an existing sanitary sewer line that traverses across the Poppler Homestead Addition. It has been determined that this public utility does not lie within the easement that was dedicated with the original plat. A replacement easement will be dedicated with the final plat of the Poppler Homestead Addition No. 2. City staff has received an application for final plat for Poppler Homestead Addition No. 2. It is anticipated that the final plat conveying this replacement easement will be processed for Council approval either prior to or concurrent with the scheduled February 20 public hearing. ATTACHMENTS: • Location map, page 9 Easement vacation sketch and description, page (.e3 city of eagan PUBLIC WORKS DEPARTME VACATION REQUEST SITE (D q 4 N approved: standard plate #: JAN 12 '96 11 23 LOUCKS & ASSOCIATES PAGE 2 y r . A slim/ IWA, .OF"r �S The said perpetual easement being 5 feet on each side of the following described line and said to Vmwy construction easement being 50 feet on either side of the said following described line: Commencing at a point an the Nath line of Oudot "A", Poppler Homesteads; theaoe 5 feet Feast of the Northwest oorae dwmf, thence Southeasterly to a point on the East line of said Oudot "A" which is 350 feet South of the Northeast oonwr and them laminating. • r. - t ,•nF• •.., Ili t•..rh. f .li..'fl /.44/.4...2 ler r• ..r .r L•. 'X": 14".. Iw.4J ':n...•••r .rua.r ... 1 . .1 1•. f ••• .•' t Is4rr. r •....•fj •.+ PRELIMINARY PLAT OF ` 111 POPPLER HOMESTEADS NO. 2 \\ 1 1. T : , }8 1 ; . iN•{ •e•• •! Mt 1 Ih • IMM M•• kfi@% Mrt !•..i ». n! N.ii♦ �.•!i •C. 1 x S • • 7 v ' � !` w total •... Lt ! la 4-• ob."rt•t•29.01 !.!M 04:rG lt AC . ij 1 � r w•r4t1•w . 4 r 1 � ;� nRwr •. Nffl.r 1•••,a•tat. wt•N l.a to aM r.srra,• . •6• wt) •,sA••q traf [Nr•t ^ UI. lw tto •ftNN a. i •+ t r6tat C•Wt/. MIWr•. y r . A slim/ IWA, .OF"r �S The said perpetual easement being 5 feet on each side of the following described line and said to Vmwy construction easement being 50 feet on either side of the said following described line: Commencing at a point an the Nath line of Oudot "A", Poppler Homesteads; theaoe 5 feet Feast of the Northwest oorae dwmf, thence Southeasterly to a point on the East line of said Oudot "A" which is 350 feet South of the Northeast oonwr and them laminating. • r. - t ,•nF• •.., Ili t•..rh. f .li..'fl /.44/.4...2 ler r• ..r .r L•. 'X": 14".. Iw.4J ':n...•••r .rua.r ... 1 . .1 1•. f ••• .•' t Is4rr. r •....•fj •.+ ` 111 \\ 1 ia•1 a«..r rl.. .. ... 110i10 N•h. 6.5611 ore. 1L•M alit. a.11a •a. : , }8 1 ; . iN•{ •e•• •! Mt 1 Ih • IMM M•• kfi@% Mrt !•..i ». n! N.ii♦ �.•!i •C. 1 x S • • 7 v ' � !` w total •... Lt ! la 4-• ob."rt•t•29.01 !.!M 04:rG lt AC . d ! . i A.Ti• r.. •.. i . 4 ;� 44.111 h.tt. 1.291 AC. Niel aaMwtIf" itto Watts Hw+ 21.111 N.h. 4.611 ►C. \t 1.12 ✓ 1 Mi �.w. 11.' � yR � 1 L�i� 1! I7 .� I .+liAh � • � � •� I. i 1»•t 8'1 � AafH".It twtr wlrettu V44*1 Ott 1 =• rt•r«.t 2..W1 neat it - I 1 1 ' • ! a.N awttl r.r ..It f s t1' 1• / r�J • �,� !y� 1 i � . t! : y, M wet 0. rMii•• :• 1 -I �. .:� ;! �,( ISr ` Il� �,`I. :1 ::: I Woe, lop Mi..�a: 11111 •r -! Y. 11 t ��'• /� ra•YI asa•16f1 � twtox., t I I • q i• I{ `'� f' POO • I4} W.t 1r. r•.1. "MHill{{{{ Hrlr/ y1•ra4> Description of Easement to be vacated: Doc. No. 378233. ren*Atr! ! flme�, + or A Ten foot papletual easement and a 100 foot " temporarary CODStruCtlOII casement overand t, 7 r • ...-.. across the following de=ibed land: Outlot "A", `.,��''• • `' r,1r+� 4 Poppler Homesteads in Section 10, Township 1►+'+''`� �� 27, Range 23, Dakota County, Minnesota. y r . A slim/ IWA, .OF"r �S The said perpetual easement being 5 feet on each side of the following described line and said to Vmwy construction easement being 50 feet on either side of the said following described line: Commencing at a point an the Nath line of Oudot "A", Poppler Homesteads; theaoe 5 feet Feast of the Northwest oorae dwmf, thence Southeasterly to a point on the East line of said Oudot "A" which is 350 feet South of the Northeast oonwr and them laminating. • r. - t ,•nF• •.., Ili t•..rh. f .li..'fl /.44/.4...2 ler r• ..r .r L•. 'X": 14".. Iw.4J ':n...•••r .rua.r ... 1 . .1 1•. f ••• .•' t Is4rr. r •....•fj Agenda Information Memo January 16,1996 K. PROJECT 700, CAROLSALL STREET (UTILITIES) ACTION TO BE CONSIDERED: To receive a petition for Project 700, Carol/Hall Street (Sanitary Sewer and Watermain) and authorize the preparation of a feasibility report. FACTS: • City staff has received a petition from a property owner requesting the extension of sanitary sewer and watermain within the dedicated right-of-way of Carol Street and Hall Street. • The applicant has agreed to reimburse the City for all costs incurred ii for some reason, the project is not approved as a result of a public hearing process. ATTACHMENTS: • Location map, page. vJ W CC W a. 0 I.L. f • v' N � O W Z O M F- • ti� CL .. \ 0) J /, 00 00 wX f- a )I <R ► N N '.•.•1.+...� •.•::::.. : 09 0 Ix Ln V y M G2 02 e•H K fi.i+p _ _ r -- t n 6SGi it►OI �'- i M C7b .. • e • O • Lr) J • MO O M a�.Ni.rti at,wboll it \il of i Q N .J ~ Q N ti n 4 i N �/n n e i Ob f•Ji� L�a1 fi M6am Oco" ri6f Nti7I iW r!I ►i raw 1 • I 4 i►1 "1 A �5t 10i*O� ON 0. 0' 8 of cn - K�`� ac oc �' •ti+t f sas„a„� CV08 900. 0000 o� n. oR • • w�e Yom, • • 1 is c. nn �e ii Agenda Information Memo January 16,1996 L. MSA, INC. ENGINEERING SERVICES FEE SCHEDULE ACTION TO BE CONSIDERED: To approve the 1996 Fee Schedule for Engineering services for MSA, Inc. FACTS: • City staff has received a request from Maier, Stewart & Associates (MSA), Inc., submitting their proposed revision to their current Fee Schedule for 1996. 0 City staff has reviewed this request and found it to be in line with comparable Engineering services from other consulting firms performing work for the City. ATTACHMENTS: • Proposed Fee Schedule, page C117Y OF EAGAN PERSONNEL CLASS 1995 RATES PROPOSED 1996 RATES % INCREASE Principal Engineer 81.00 84.00 3.7% Registered Land Surveyor 55.97 - 71.40 58.20 - 74.25 4.0% Department Manager 55.97 - 71.40 58.20 - 74.25 4.0% Project Engineer/Registered Engineer 53.56 - 71.40 53.56 - 74.25 0-4.0% Structural Engineer 53.56 - 71.40 53.56 - 74.25 0-4.0% Environmental Engineer 53.56 - 71.40 53.56 - 74.25 0-4.0% Traffic Engineer 53.56 - 81.00 53.56 - 84.25 0-4.0% Design Engineer/Civil Engineer 37.44 - 46.58 37.44 - 48.44 0-4.0% Surveyor 41.17 - 61.29 41.17 - 63.74 0-4.0% Senior Engineering Technician 40.90 - 65.02 40.90 - 67.62 0-4.0% Technician 16.17 - 53.67 16.17 - 55.82 0-4.0% Resident Project Representative 16.17 - 51.70 16.82 - 53.77 4.0% Three -Person SurveyCrew 88.85 -11 4 6.9 92.40 -121.62 4.0 Two -Person Survey Crew 70.00 - 75.39 72.80 - 83.20 4.0% Word Processor/Computer Technician 31.10 - 46.04 31.10 - 47.88 0-4.0% Typist/Clerk 22.23 - 39.60 22.23 - 41.18 0-4.0% Average Rate Increase 2.6-3.5% %-Egan.cu Agenda Information Memo January 16,1996 M...CONTRAC E 96-02, WELL NO 18 ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 96-02 (Well No. 18) - Pumping Facilities & Site Improvements) and authorize an advertisement for bid solicitations. FACTS: Contract 95-16, which provided for the drilling and development of Well No. 18 was awarded by Council action on December 19, 1995. • This contract provides for the installation of the pumping facilities, control panels, raw water transmission main and site development necessary to put this Well into service. Agenda Information Memo January 16, 1996 N. APPROVE FINAL AGREEMENT WITH GOPHER SMELTING ACTION TO BE CONSIDERED: To approve the final exchange agreement between the City and Gopher Resources. Authorize the Mayor to sign the Agreement. BACKGROUND: The Council will recall that Gopher Resources approached the City to exchange land that it owned for a portion of the property the City would be acquiring as tax forfeited land. Because the property reverted to the State of Minnesota and has on it a D.N.R. water body, approval by the State Legislation was required. A draft Agreement covering the future exchange of land between the City and Gopher was prepared in concept and reviewed by the Advisory Parks Recreation and Natural Resources Commission and forwarded to the City Council. The Council approved the draft on July 18, 1995. FACTS: • The Minnesota State Legislature has authorized the exchange. • The Advisory Parks Recreation and Natural Resources Commission recommended approval of the draft in July, 1995. • The Council approved the draft on July 18, 1995. • There have been no substantial changes in the draft document. • The City and Gopher are working to clear title to the land to allow for the future exchange. Agenda Information Memo January 16, 1996 . CONTRACT 93-W TOWN CENTRE 100 -12TH ADDN THEATER ACTION TO BE CONSIDERED: To acknowledge completion of Contract 93-W (Town Centre 100 -12th Addition, Mann Theater) and authorize perpetual City maintenance subject to warranty provisions. FACTS: The installation of public improvements (sanitary sewer, storm sewer, pond excavation and sidewalk) to serve the Mann Theater development was performed privately by the developer under the terms and conditions of the development contract agreement. These improvements have been completed in compliance with the development contract agreement, plans and related City design, construction standards. Final inspections have been performed by representatives of the Public Works Department and found that these improvements are in order for favorable Council action for perpetual City maintenance. �a- Agenda Information Memo January 16, 1995 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny a Final Subdivision for the Town Centre 100 16th Addition located south of Yankee Doodle Road, west of Lexington Avenue. FACTS: Final plans, development contracts, and financial guarantees are in order. ISSUES: None ATTACHMENTS: (1) Final plat map - page 'l 3 w i �.I Ce &Z z NW ^z 1 ■1 A • � N r 2z � W.. C31'l fp�liCi'D � �a Ct "Oh 00 AM= (W MMMMMk �• �� • - LAI N ., iof • it ■ � S 1y � \ r I ' i Agenda Information Memo January 16,1996 G.—JOINT POWERS AGREEMENT. STREET MARKINGS ,& MAINTENANCE ACTION TO BE CONSIDERED: To approve the Joint Powers Agreement for pavement markings, sweeping and sealcoating and authorize the Mayor and City Clerk to execute all related documents. FACTS: For approximately the past 7 years, the City has been part of a Joint Powers Agreement with Bumsville, Savage, Shakopee, Prior Lake, Apple Valley, Rosemount, and Lakeville to consolidate our pavement marking and maintenance needs for competitive bid solicitation based on the economies of scale theory. This Joint Powers Agreement allows the City to take advantage of large quantity unit bid prices for pavement markings (centerline striping, crosswalks, etc.), contractual street sweeping (seasonal, sealcoating pick up, erosion cleanup, etc.) and street/trail sealcoating. This Joint Powers Agreement is coordinated and administered by the city of Burnsville with administrative costs spread equally to all participating communities. Agenda Information Memo January 16, 1996 R FOOTINGS AND FOUNDATION PERMIT, BOB MARTIN TRUCKING PHASE 2 ACTION TO BE CONSIDERED: Approve or deny staff issuance of a footings and foundation permit for Bob Martin Trucking prior to final plat approval anticipated at the February 6, 1996 City Council meeting. ATTACHMENTS: Memo, page �. 'l4 MEMO _ city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 11, 1996 SUBJECT: FOOTINGS AND FOUNDATION PERMIT BOB MARTIN TRUCKING PHASE 2 LONE OAK CIRCLE, NORTH OF LONE OAK ROAD The final plat for Bob Martin Trucking Phase 2 is anticipated to be ready for Council approval by February 6, 1996. Bob Martin would like to take advantage of the break in the weather and get an early start on construction by starting his foundation prior to final plat approval. This final plat is very straightforward and staff anticipates that everything will be in order by February 6. We would, therefore, appreciate Council approval of an early footings and foundation permit for this project. To approve or deny staff issuance of a footings and foundation permit for Bob Martin Trucking prior to final plat approval anticipated at the February 6, 1996 City Council meeting. 40 44W '4 /Z) 6Z47 - Director of Community Development PARjjs r17 Agenda Information Memo January 16, 1996, City Council Meeting U.1-1611 N 1 3- Uff 1! M I ' U Each calendar year, Organization Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A) Advisory Commission Appointments B) Acting Mayor C) Legal Newspaper D) City Council Meeting Dates E) Council Meeting Procedures F) Council Standing Committee/Representative Appointments G) Other Appointments A. ADVISORY COMMISSION APPOINTMENTS: The following are the advisory commissions that make recommendations to the City Council: Airport Relations Committee Joint Burnsville/Eagan Cable Commission Solid Waste Abatement Commission Economic Development Commission Advisory Planning Commission Advisory Parks, Recreation & Natural Resources Commission Advertisements were placed in the City Newsletter and local newspapers in December indicating that vacancies existed on advisory commissions. Applications were received from 34 residents seeking either reappointment or appointment to an advisory commission. All residents, including those currently serving on a commission, were invited to an interview with the City Council on January 15, 1996. The Council interviewed 30 individuals. Ballots will be distributed by the City Administrator for each commission. The number of vacancies is listed on each ballot. It is required by law that each City Councilmember initial each ballot and the City Administrator will be the custodian of ballots, announcing the votes for each commission appointment. A commission appointment requires a majority vote by the City Council. M! Agenda Information Memo January 16, 1996, City Council Meeting L Airport Relations Commission --This commission exists at the discretion of the City Council without formal authorization in the City Code. The Commission reviews airport issues within the City of Eagan and recommends airport related policy to the City Council. The following are applicants for the Airport Relations Commission: Present Members Mgstiings Missed: Steve Soderling 2 out of 11 Jane Vanderpoel (currently alternate) 4 out of 11 New Applicants: Joseph L Harrison Ted Gladhill (APC, ARC) Edward C. Hannasch (APC, ARC) Daryle Petersen (APRNRC, APC, ARC) Max C. Ramsey III (APC, APRNRC, ARC) REQUESTED ACTION: Make two appointments for 3 -year terms, one appointment for a 2 -year term, and one alternate for a 1 -year term. 2. Joint Burnsville/Eagan Cable Communications Commission --This commission oversees the administration of the Joint Burnsville/Eagan Cable Television system. There were two positions and one alternate due to expire this year; however, due to resignations, two additional one year terms also exist. The following are applicants for the Cable Commis- sion: New Applicants: James E. Blair Bob Cooper Bill Ista Maggie Jensen (BECCC, EDC) Jeff May (EDC, APRNRC, APC, BECCC) REQUESTED ACTION: Make two appointments for 3 -year terms, two appointments for 2 -year terms, and one alternate for a 1 -year term. Agenda Information Memo January 16, 1996, City Council Meeting I Solid Waste Abatement Commission—This commission reviews waste management issues and policies which include the Eagan recycling program. Members include business and hauling community representatives and residents. There are currently openings for two resident representatives, one hauler representative, and one alternate. Those applying for a position on the commission are as follows: Present Members Meeting Daniel K. Breva (resident) 3 out of 12 John Tapper (resident) 5 out of 12 Jim Weinzettel (hauler) 3 out of 12 Rick Patraw (resident) (alternate) 1 out of 12 New AR_plicants: Karen Hill Field (APC, SWAC) Randall J. Ahern (APRNRC, EDC, APC, SWAC) REQUESTED ACTION: Appoint two residents, and one hauler for 3 -year terms, and one alternate for a 1 -year term. 4. Economic Development Commission --This commmission promotes the City's commercial. industrial climate, recommends general policy direction, and advises the City Council on matters pertaining to industry and commerce. It exists at the discretion of the City Council without formal authorization in the City Code, and terms are on a staggered, three-year basis. Those applying for a position on the commission are as follows: Present Members Meetings Missed; Eldon Johnson (only eligible for a one year term) 3 out of 10 New Ap licants Larry D. Grell Annette D. Kojetin Dave Vogt Chrisopher Cleveland (EDC; APC) Julie L Stackhouse (EDC, APC, APRNRC) Jeff May (EDC, APRNRC, APC, BECCC) Lary D. Frank (APC, EDC) Maggie Jensen (BECCC, EDC) Randall J. Ahern (APRNRC, EDC, APC, SWAC) Guy D. Kolnhofer (APC, APRNRC, EDC) Max C. Ramsey III (APRNRC, APC, ARC, EDC) REQUESTED ACTION: Appoint three members for 3 -year terms. �Z Agenda Information Memo January 16, 1996, City Council Meeting & Advisory Planning Commission --This commission reviews development plans and makes recommendations to the City Council. Due to the resignation of Roy Wallace, there is an opening for a one year term in addition to the two 3 -year terms and alternate position. In addition, Gary Morgan, who is currently serving as a member of the Economic Development Commission contacted the City Administrator to offer his services to the Advisory Planning Commission instead if the Council felt it appropriate. Those applying for a position on the commission are as follows: Present Members Meetings Missed: Carla Heyl 1 out of 13 Clyde Thurston (alternate) 6 out of 13 New Applicants Dee Richards Don Schindle Larry Frank (APC, EDC) Ted Gladhill (APC, ARC) Edward C. Hanna ch (APC, ARC) Karen Hill Field (APC, SWAG) Guy W. Kolnhofer (APC, APRNRC, EDC) Max C. Ramsey III (APC, APRNRC, ARC) Christopher Cleveland (EDC, APC) Dr. Donald Elsenheimer (APRNRC, APC) Rick Patraw (SWAG, APC) Julie L. Stackhouse (EDC, APC, APRNRC) Daryle Petersen (APRNRC, APC, ARC, EDC) Randall J. Ahern (APRNRC, EDC, APC, SWAC) Jeff May (EDC, APRNRC, APC, BECCC) REQUESTED ACTION: Appoint two members for 3 -year terms, one member for a 1 -year term, and one alternate for a 1 -year term. Agenda Information Memo January 16, 1996, City Council Meeting 6. Advisory Parks, Recreation & Natural Resonrces Commission—This commission advises the City Council regarding park dedication by developers, purchase of additional park land, City recreation programs, and natural resources issues. Due to the resignations of Thomas Walkington and Sherie Wallace, there are two openings for 2 -year terms in addition to the three 3 -year terms and alternate. Those applying for a position on the commission are as follows: Present Members George Kubik Michael Vincent Meetings Missed: 2 out of 10 0 out of 10 New ARulicants: Tim C. Callister Dr. Donald Elsenheimer (APRNRC, APC) Randall J. Ahern (APRNRC, EDC, APC, SWAC) Daryle Petersen (APRNRC, APC, ARC, EDC) Guy W. Kolnhofer (APC, APRNRC, EDC) Max C. Ramsey III (APC, APRNRC, ARC) Jeff May (EDC, APRNRC, APC, BECCC) Julie L Stackhouse (EDC, APC, APRNRC) REQUESTED ACTION: Appoint three members for 3 year terms, two members for two year terms, and one alternate for a 1 -year term F.TW-WRI3__ s . B. Acting Mayor --There is a statutory requirement that a member of the City Council be appointed as acting mayor. All councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Egan at Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. REQUESTED ACTION: Appoint a member of the City Council as acting mayor. Agenda Information Memo January 16, 1996, City Council Meeting C. LEgal Newspaper --There is a statutory requirement to designate a newspaper as the official legal newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required by law, and other matters that the Council deems advisable and in the public interest to be published. The City has received two proposals from This Week Newspapers/Dakota County Tribune, Inc. and Minnesota Sun Publications. The Dakota County Tribune is slightly less expensive for the fust insertion of legal notices and slightly more expensive on multiple insertions. An actual comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. Even though the Dakota County Tribune is the designated legal newspaper, legal notices would also appear in Eagan This Week. Deadlines for publication and publication dates match up much better with City activity with the Dakota County Tribune and Eagan This Week than with the Sun Current. Their proposals are attached on pages through REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's offical legal newspaper. D. City Council Meetings—The City Council must designate the dates and times of regular City Council meetings, which have traditionally bee the first and third Thesdays at 6:30 p.m. A tentative schedule is attached on page designating the first and third Tuesdays as regular Council meeting dates, with the x ption of three meetings which fall on holidays or election days. For those dates, an alternate date is suggested. REQUFSTED ACTION: Approve or modify the 1996 Schedule of Council Meetings as presented with the alternate dates. '3 Tribun ImlsWeek Sun Current 1=1 Noticri Deadline Tues. Noon Tues. Noon Wed. Noon Publication Thursday Saturday Wednesday ndas Deadline Tues. Noon Wed. 4:00 p.m. Wed. 5:00 p.m. Publication Thursday Saturday Wednesday Their proposals are attached on pages through REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's offical legal newspaper. D. City Council Meetings—The City Council must designate the dates and times of regular City Council meetings, which have traditionally bee the first and third Thesdays at 6:30 p.m. A tentative schedule is attached on page designating the first and third Tuesdays as regular Council meeting dates, with the x ption of three meetings which fall on holidays or election days. For those dates, an alternate date is suggested. REQUFSTED ACTION: Approve or modify the 1996 Schedule of Council Meetings as presented with the alternate dates. '3 Agenda Information Memo January 16, 1996, City Council Meeting G. OTHER APPOINTMENTS 1. MASAC Representatives. The City typically appoints one representative and two alternates to the Metropolitan Aircraft Sound Abatement Council, a Metropolitan Airports Commission advisory body. Mayor Egan has currently been serving as the representative, and Mike Schlax and Jon Hohenstein have been serving as alternates. Traditionally, a staff person has been designated as one of the alternates. At the Airport Relations Commission meeting of January 9, 1996, Mike Schlax and Lance Staricha indicated a willingness to share one of the City's alternate positions. REQUESTED ACTION: Appoint one member and two alternates to the Metropolitan Aircraft Sound Abatement Council. 2. City Representative to the Eagan Convention and Visitors' Bureau Board of Directors. In doing research in past minutes on an unrelated matter, it was discovered that on August 17, 1993, the City Council approved the appointment of the Chair of the EDC or his designee, and the Director of Community Development to be the two City representatives to the Board of Directors for the Eagan Convention and Visitors Bureau. Direction was also given that these appointments would run until the next Organizational Business which would have been January of 1994, at which time the positions would be advertised with all other committee/commission appointments, and the length of terms set at that meeting. That did not occur, and the EDC Chair and Community Development Director Reichert have been serving since that time. It was unclear whether it was the Council's intent to have the appointments served by staff and commission members, or whether they would like to appoint citizen representatives. The Council can either make the appointments tonight, or continue this to a future meeting. REQUESTED ACTION: Appoint two City representatives to the Eagan Convention and Visitors' Bureau Board of Directors, and set the length of term; or continue this to a future Council meeting with further direction. 3. Special Advisory Committees. During 1995, City Councilmembers have discussed the appointment of certain advisory committees such as Capital Budget Committee, Special Zoning/Comprehensive Guide Plan Update Study Committee, Community Visions and Charter Commission. If special committees are to be formed, the City Council will need to prioritize and establish the objectives of each committee, determine a time schedule and resource allocation to work on the projects. REQUESTED ACTION: Direct the City Administrator to draft a purpose, objectives and timeline for a special study committee/committees for further consideration. Agenda Information Memo January 16, 1996, City Council Meeting E. Council Meeting Procedures—To keep the agenda moving smoothly, the Council each year has adopted basic guidelines for making presentations before the Council. In addition, a handout has been developed incorporating these guideline d an explanati ' of the Council meeting process. A copy has been included on pages throughZ for the Council's review and appropriate revisions or approval. REQUESTED ACTION: Approve the attached guidelines/handout for public participation in City Council meetings. Folliallmi ".1, F. Council Committee Appointments --Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The committees consist of two members of the Council and act in an advisory capacity to the Council. The standing committees for 1995 were as follows: Finance Committee: Egan (Chair) and Wachter Public Works Committee: Wachter (Chair) and Hunter Personnel Committee: Awada (Chair) and Masin Historically, the Mayor has made the appointments to standing committees. The representative positions for 1995 were as follows: Minnesota Valley Transit Authority Board: Masin School District #191: Masin School District #196: Hunter School District #197: Egan Dakota County League of Governments: Masin History Committee: Wachter Caponi Art Park Committee: Awada, Masin Minnesota Legislative Committee Board: Egan Dakota County Economic Development Partnership: Wachter Historically, appointments to representative positions have been made by Council consensus. REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for the Council to volunteer as representatives to the above referenced groups. THIS WEEK NEWSPAPERS DAKOTA COUNTY TRIBUNE, INC. December 20, 1995 City of Fagan P.O. Box 21199 Eagan, Minnesota 55121 To the Mayor and City Councilmembers: We would like once again to serve as the official newspaper for the City of Eagan. As the leading publication in the area, we feel it's important to provide our readers with the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. The Dakota County Tribune has been your official newspaper for many years, so readers and business people are well-acquainted with where to find these important legal notices. We have also served as the legal newspaper for the cities of Apple Valley and Burnsville, as well as the local school districts. Our staff is very experienced in helping the cities place their legal notices properly. As we have done in the past, legal notices would also appear in Eagan Thisweek, our total circulation newspaper. Please note that the rates quoted on the enclosed form are the same as last year, with no increase in cost to the city. If you have any questions, feel free to call. Thank you for your consideration. ,Sincemly, Carol Haverland Legal Department Enc. (612) 894-1111 P.O. Box 1439 1525 E. Highwa 13 Burnsville, MN 55337 December 18, 1995 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Council Members: We would appreciate your designation of the Sun -Current to be your official publication for the year of 1996. The rate structure for legals effective January 1, 1996 will be: 1 column width: $1.09 per line - first insertion $0.55 per line - subsequent insertions Notarized affidavits on each of your publications will be provided with no additional charge. All notices should reach this office by 2 p.m. the Wednesday preceding publication; however, any legal notice over six pages must be received by 2 p.m. the preceding Tuesday. The best method of sending your legal copy is to transmit, via modem, from your computer. This ensures optimal accuracy and efficiency, and we offer a 10% discount if you choose this procedure. Please contact Assistant Production Manager, Shiela O'Brien at 8964744 with questions or to make arrangements. You also can mail us your copy on disk and receive a discount of 5%. In order to expedite our service to you, please direct your legais to the attention of Meridel Hedblom, Minnesota Sun Publications, 7831 East Bush Lake Road, Bloomington, MN 55439-4118. We appreciate your considering the Sun -Current as your official newspaper for Eagan in 1996. It has been a pleasure working with you and we look forward to a mutually beneficial worldng relationship in this coming yam - S' ce rely Donald W. Thurlow Publisher DWT/rb Bloomington Offlo.: 7831 East Bush Lake Rod • Bloomington. MN 55439 - Ph: (612) 896-4700 (J 1996 SCHEDULE OF COUNCIL MEETINGS January 2 January 16 February 6 February 20 March 5 (Caucuses --suggested alternate March 4) March 19 April 2 April 16 May 7 May 21 (School Bd. Elections --suggested alternate May 20) June 4 June 18 July 2 July 16 August 6 August 20 September 3 September 17 October 1 October 15 November 5 (Election Day --suggested alternate Nov. 4) November 19 December 3 December 17 X I QUOTATION FORM CITY OF EAGAN No. of Lines Per Column Inch Printed Characters and Spaces Per Line Total Characters and Spaces Per Column Inch Per Line Cost Per Column Inch Cost December 20, 1995 Date 10 Averaqe 45 Average 450 67. 7� $6. 77 Dakota County Tribune, Inc. Newspaper By Carol Haverland sit All tHl M X, 4 -M I J I Z Z �a V `15 0 3a .0 �3 — _ v�� -pppo i .d -j I a;- AA 3'r. m a a .91 'i if, ilia s LU • u �O7 u V C W,^V� LLSV s'rV� �: .4 N N1 - $ lee _ Sol ci w y rl ^1 • i � Q_ {d 0p �I Agenda Information Memo January 16, 1996 A. PROJECT 694, EAGAN PROMENADE ACTION TO BE CONSIDERED: To close the public hearing and approvelmodify/deny Project 694 (Eagan Promenade - Streets & Utilities) and, if approved, authorize the preparation of detailed plans and specifications and acquisition of rights-of-way through condemnation, if necessary. FACTS: In response to a petition submitted by the Opus Development Corporation, the City Council authorized the preparation of a feasibility report for the installation of public improvements necessary to serve the proposed Eagan Promenade development. On December 19, the City Council received the draft feasibility report and scheduled a public hearing to be held on January 16. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. Numerous informal meetings have been held with all affected property owners informing them of the details associated with this proposed improvement. ISSUES: Opus Corporation has indicated that they may want to privately install the public improvements contained within the Eagan Promenade development under the terms and conditions of a development contract rather than through an assessable public improvement project. Due to proposed participative financing by other property owners for the improvements of Northwood Drive, Opus is requesting that these improvements continue to be considered for this public process. In order to meet the time frames associated with accelerating the opening of the Promenade development, the City has been concurrently working on the detailed plans for many of these internal improvements. It is the City staffs recommendation that, if Opus is authorized to perform the construction of these public improvements, the design be completed by the City's consulting engineering firm (SRF, Inc.) and that all construction inspection be performed by City authorized personnel. If this proposed public project is reduced in scope to only Northwood Drive, it would be appropriate to direct the feasibility report to be revised accordingly. The City Council should decide whether the engineering design and feasibility report costs incurred to date should be reimbursed as a part of the development contract or added as a special assessment to the development's share of the Northwood Drive assessments. Representatives of the consulting engineering firm, Strgar, Roscoe, Fausch (SRF), Inc., will be presenting the details associated with this proposed public improvement. Both the consultant and City staff -Mll be available to further address any questions or concerns that may arise during this public hearing process. ATTACHMENTS: 0 Feasibility report, under separate cover. r,/ Agenda Information Memo January 16,1996 B. PROJECT 695, YANKEE DOODLE CORRIDOR TRANSPORTATION IMPROVEMENTS ACTION TO BE CONSIDERED: To close the public hearing and approvelmodify/deny Project 695 (Yankee Doodle Corridor - Transportation Improvements) and, if approved, authorize the preparation of detailed plans and specifications and acquisition of rights-of-way through condemnation, if necessary. FACTS: • As a condition of developing the Eagan Promenade Addition, certain transportation improvements and modifications to the Yankee Doodle Corridor and its intersections with Pilot Knob Road and 1-35R must be made to accommodate the projected increased traffic volumes. • The Opus Corporation submitted a petition requesting the City to perform these improvements under a public contract. The Council received this petition and authorized the preparation of a detailed feasibility report which was presented to the Council on December 19. Subsequently, the public hearing was scheduled for January 16, 1996. • Although there are no properties that require legal notification of this public hearing due to the elimination of special assessments, over 200 letters were sent to potentially affected property owners within the project area informing them of the public hearing and inviting them to the community informational open house meeting held on Monday, January 8. In addition, City staff personally met with numerous business owners on an appointment basis to explain the project and listen to their concerns and ideas. • Representatives of the consulting engineering firm, Strgar, Roscoe, Fausch (SRF), Inc., will be presenting the details associated with this proposed public improvement. Both the consultant and City staff will be available to further address any questions or concerns that may arise during this public hearing process. ATTACHMENTS: • Summary of comments from open house and staff meetings, pages 4 through • Feasibilility report, under separate cover. �3 _city of eagan TO: FILE FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 12,1996 SUBJECT: PROJECT 695, YANKEE DOODLE CORRIDOR IMPROVEMENTS NOTES FROM MEETINGS WITH AFFECTED BUSINESSES MEMO) A series of personal meetings was held with various business representatives who were not able to attend the scheduled community open house to review the proposed roadway improvements for the above -referenced project. Following is a summary of the comments and concerns discussed from those meetings. Al Baker's Restaurant (Meeting Date 1-2-96) Al Baker Amoco Car Care Center Jim Rabus Concern expressed with existing and potential increased delays resulting from congestion at the intersection of Washington Drive with Yankee Doodle Road. Would like to see a signal installed. Would like to see the timing of the signal at Federal Drive with Yankee Doodle Road revised to provide less delays for Federal Drive. Should look into possibly constructing a median on Washington Drive south of Yankee Doodle Road just past the northerly access to the Amoco Gas Station and provide a dedicated right -tum lane from Washington Drive to Yankee Doodle Road. Signal Bank Chuck Dorsey (President), John Lemieux (Attorney), Renee Bade (Branch Manager) • Expressed a concern regarding the proposed street scaping improvements that would screen the visibility of the facility and/or its current pylon sign. Concern regarding the additional right-of-way acquisition for Denmark Avenue widening and the impact it might have on the proposed parking lot expansion regarding setbacks. • Would a signal at Town Centre Drive and Denmark Avenue be beneficial 7 • Realizing the existing pylon sign will have to be relocated, concern expressed regarding maintaining its "integrity" and effectiveness. Small Business Association Transportation Committee (Meeting Date 1-3-96) -- Burger King, AI Martinson, Apples Restaurant, Pat Bowlan, Eagan Floral (Pat Thomas) • Access to the Burger IGng from Denmark Avenue critical to business and needs to be maintained. • Can Denmark Avenue widening be shifted to the east to minimize property taking from Burger King. Emphasize need to maintain traffic without any road closures or detours. • Visibility of Burger King pylon sign is critical and should not be obstructed with proposed street scaping. Norwest Bank (Meeting Date 1-5-96) Judy Bowman (VP, Branch Manager), John Haakenson (Property Manager) Concemed with congestion and difficult access to Pilot Knob from Norwest Court. Interested in working with the final detail design of the proposed retaining wall required between Yankee Doodle Road and parking lot. Would like to see an ultimate secondary access to Marice Drive via Sherman Court with development of remaining property to northeast. Blue Cross/Blue Shield (Meeting Date 1-8-96) Sharon Zauhar (Asst. V.P.), Jackie Jones (Facility Manager), Chuck Hall (Consultant) Concern with the difficult access from the 10 -story office building entrance to Yankee Doodle Road, the proposed connection of this Yankee Doodle access southerly to Town Centre Ddve, and the potential need for a signal at this intersection. Should this be a part of this project? Concem with possible right-of-way acquisition and its possible impact on existing landscaping and parking facilities. Interested in whatever provisions are being made for future fiber-optic installations within the Yankee Doodle corridor. Federal Land Company (Meeting Date 1-8-96) Martin Colon (Partner), Bruce Miller (Property Manager) • Concerned expressed with the proposed closure of the median in front of the main entrance to the Yankee Square shopping center. 2 �s Inquiries into the possibility of amending the Town Centre 100 Indirect Source Permit (ISP) to allow an increase in traffic generation with future development proposals now that additional excess capacity will be provided. Requested a letter from the City regarding no special assessments and/or residual costs to any existing businesses associated with this proposed project. Suggested consideration be given to constructing a median on Washington Drive south of Yankee Doodle Road just past the gas station entrance to facilitate traffic flow and ease congestion at this intersection. Loral Defense Systems (Meeting Date 12-4-95) Tom Lindquist (Communications Director), Coleen Altnow (Facilities Manager), Louis Handwerk (Maintenance Manager) • Concern expressed regarding the widening of Yankee Doodle Road and the potential elimination of the current screening/buffer berm and loss of vegetation/landscaping. • Concerned with current and future drainage along Pilot Knob Road and its impact on their current visitor parking lot entrance and underground parking facilities. • Interested in reviewing landscaping plan to ensure compatibility with existing facilities. • Interested in providing for pedestrian crosswalk on Yankee Doodle Road at Washington Drive. The vast majority of comments and discussions were very positive regarding the proposed improvements and the belief that it will greatly enhance the traffic movement in the area which was recognized as being a benefit for both business and employees. Respectfully submitted, irector of Public Works TAUT 3 9G MConsulting Group, Inc. Transportation - Civil - Structural ■ Environmental ■ Planning ■ Traffic ■ Landscape Architecture ■ Parking SRF Nos. 0952318 0952319 January 11, 1996 Mr. Tom Colbert, P.E. Director of Public Works CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 RE: YANKEE DOODLE ROAD AND 1-35E CENTRAL AREA ROADWAY IMPROVEMENTS Dear Mr. Colbert: This letter summarizes the comments received at the Public Information meeting held on January 8, 1996 at the City of Eagan offices for the above referenced project. Bart Schmidt — Traffic flow included from Highway 13/Blue Cross Road down Ashbury Road to Blackhawk Hill Road. Consider traffic flow through residential area. (Commented that signals along Yankee Doodle Road should be connected and sequenced to improve traffic flow.) Resident — Concerned with on -street parking and walkways if Federal Drive is widened to four lanes. They only have one parking spot. Also wondered if four-way stop would be eliminated. Surrey Heights — Concerned about buffering the residential area along Federal Drive and concerned about Surrey Heights Drive being used as a short cut between Yankee Doodle Road and Federal Drive. Homeowners — Concerned that more units will convert to rental units with the Federal Drive Extension. The home owners would like a meeting with City staff. SRF Consulting Group, Inc. One Carlson Parkway North, Suite 150, Minneapolis, Minnesota 55447-4443 Telephone (612) 475-0010 ■ Fax (612) 475-2429 An Equal Opportunity Mr. Tom Colbert, P.E. - 2 - January 11, 1996 Loral -- Wanted to know extent of right-of-way acquisition and if the existing landscaping would be impacted. Also wanted to know the impacts of the future Ring Road expansion. Also had some concerns about drainage along Pilot Knob Road and Yankee Doodle Road due to expanded roadway. Stated that driveway reconfiguration is a City cost. Resident — (Jurdy Drive Area) Did not want future east -west, grade -separated crossing of 1-35E. Concerned about traffic filtering into the neighborhood streets. Resident — Lives along Denmark Avenue Adjacent to Fish Lake and is concerned with increased traffic. Resident — Duckwood Drive/Town Centre intersection is unsafe and should be analyzed — concerned with pedestrian crossing problems. Dakota Electric — Concerned about access to substation. Dakota Electric and CPA would like plans and cross-sections as soon as available. Resident — Wanted to know if enough room is available to expand pond DP -26 and also stated that egrets are observed in the pond during the spring time. Resident — Wanted to know if signing can be provided for westbound Yankee Doodle Road left turns that are destined for southbound 1-35E to be in proper left -turn lane. Also concerned with left -turning vehicle weaving with eastbound Yankee Doodle Road right turns since a free right will be provided. Resident — Consider median along Washington Drive past first entrance to the Amoco Station. Representative of strip mall — not opposed to closing entrance off of Yankee Doodle Road if signal is installed at Washington Drive. Area Businesses and Residents — Commented positively towards the intersection monumentation and sign monumentation. Area Residents — Were supportive of the proposed trail construction. Mr. Tom Colbert, P.E. - 3 - January 11, 1996 Area Businesses -- Concerned that the boulevard plantings would screen their businesses from the roadway. If you have any questions or need any further information, please contact us. Sincerely, SRF CONSULTING GROUP, INC. Donald A. Demers, P. E. Senior Engineer j'o0im !� mes R. Dvorak, P.E. Senior Associate DAD/JRD/smf cc: Dave Everds, Dakota County Agenda Information Memo January 16, 1996 C. PROJECT 636R, POPPLER LANE ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 636R, Poppler Lane - Streets & Storm Sewer) and, if approved, authorize the preparation of detailed plans and specifications. FACTS: 0 Poppler Homestead's Addition No, 2 is presently being processed for final plat approval. A condition placed on the preliminary plat approval granted by Council action on January 16, 1990, requires Poppler Lane to be upgraded to City standards. • On August 18, 1992, a public hearing was held and a project subsequently approved to provide for the upgrading of Poppler Lane. However, it was subsequently canceled by Council action on October 20, 1992, due to the Poppler's inability to proceed with the processing of the final plat due to a property line dispute and surveying discrepancies in the final plat. • Since that time, the applicant has informed the City that he is able to proceed with the recording of the final plat allowing this public improvement to be reconsidered. • City Council received the feasibility report for Project 636R on December 19 and scheduled a public hearing for January 16. All notices have been published in the legal newspaper and sent to all potentially affected property owners. ISSUES: One of the property owners adjacent to this plat, Mr. Mchael Ekblad, has indicated that the property line dispute and surveying error has not been resolved to his satisfaction and may be objecting to the public improvement and/or final plat recording. According to the County Surveyor's Office, the plat as proposed can be recorded allowing this project to proceed. This dispute appears to be contained between the two private property owners and should not affect the proposed public improvement or final plat being processed by the City. ATTACHMENTS: • Feasibility report, under separate cover. /oc Agenda Information Memo January 16, 1996 D. VACATE FARM ROAD ACTION TO BE CONSIDERED: Continue the public hearing for the vacation of Farm Road (Dodd Road) to TH 3 to February 20, 1996. FACTS: On December 19, the City Council held a public hearing to consider the vacation of Farm Road. At that time, one of the affected property owners objected to the proposed vacation. It was also discovered that another directly affected property owner had not been noticed of the public hearing. Subsequently, the public hearing was continued until July 16, 1996. Due to vacation scheduled over the holiday season, the required mailed notification was not able to meet the timetable for the January 19 hearing. All affected property owners have been informed that this public hearing will have to be continued until February 20 to meet the required mailed notification time frames. �D1 Agenda Information Memo January 16, 1996 A. RECEIVE PETITION, AUTHORIZE FEASIBILITY REPT SAS EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: To continuelreceive a petition and authorize the preparation of a feasiibility report for street and ponding improvements associated with Safari @ Eagan 3rd Addition. FACTS: • The requirement of the Safari @ Eagan 3rd Addition is the installation of a right -turn lane on Thomas Center Drive at Cliff Road. • Proposed Pond BP -39 is located adjacent to Cliff Road at the extreme southerly end of the proposed Safari @ Eagan 3rd Addition. • On January 2, 1996, the City Council considered the petition request from the developer of the Safari @ Eagan 3rd Addition and continued the consideration of receiving the petition until the January 16, 1996, agenda because the developer would not agree to pay the costs associated with the preparation of the requested report. • The developer has submitted his justification for the petition as originally presented. ATTACHMENTS: December 7, 1995, rrespondence from the developer, page �. Petition, page /0 54 Justification letter dated January 10, 1996, page /067— O� December 7, 1995 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: 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 Cliff 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, M Broan W tschke P s d t Fortun Realty, Inc., General Partner Eagan 30.7C, Limited Partnership cc: Paul Thomas 10:5 PENTAGON PARK TOWER • 4940 VIKING DRIVE 9 MINNEAPOLIS, MINNESOTA 55435 * (612) 835.3363 PETITION DATE December 7, 1995 LOCATION/SUBDIVISION Safari At Eagan 3rd Addition Cliff Rd./Thomas Center I/We, the urxiersigned, owners of the real property e4aoent to Drive_ (Street) or "Within Safari At Eagan 3rd Addition Subdivision, hereby petition for: Street Improvements - Right Turn Lane Ontb' Cliff Road Sanitary Sewer Water Supply _ (Check requested items) Storm Sewer Streetlights Other (Explain) Enlarge Pond Area (BP -39) 1/We understand that this petition does not in itseff request the installation of these improvements, but rather, request the preparation of a feasibility report In which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, ive�idairaa �aac soca �prep��ept�c Signatum of -Land Owner h&=1 of Bmaw Eagan 30.7C Limited Partnership 1.Fortune Realty, Inc., Its General Part, _ 4940 Viking Drive, Suite 264 2.Edina, Minnesota 55435 ron Watschke, President ��a*wt:laee�r7g� atec�leet �e+Ctkdeciac (Signature) (Signature) b#1 ifeodw.fm E D� 6129355615 JAN -12-96 FRI 13:43 FORTUNE REALTY FAX NO. 6128355615 January 10, 1996 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: IM 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. J PENTAGON PARK TOWER • 4940 VIKING DRIVE • MINNEAPOLIS, MINNESOTA 55436 • (612) 835.3363 6128355615 JAN -12-96 FRI 13:45 FORTUNE REALTY FAX NO. 6128355615 P.03 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. yrg W sch'7President or.tune. 1 y,neral Partner Eagan .7 , Litnership cc: Carl Dale Paul Thomas oco Agenda Information Memo January 16, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny an amended resolution authorizing the combination of Outlot C, Great Oaks Addition, with Lots 3, 6, and 7, Block 1, Great Oaks Addition. FACTS: The Woodlands 4th subdivision design resulted in Outlot C, Great Oaks, becoming a landlocked parcel of land and as such, a combination of this outlot with other lots within the Great Oaks subdivision was made a condition of approval of the Woodlands 4th Addition. In January 1994, the City Council passed a resolution authorizing the combination of Outlot C, Great Oaks Addition, with Lots 3, 6, and 7, Block 1, Great Oaks Addition. The 1994 resolution was never recorded and the Developer is now requesting an amended resolution that simply reconfigures the outlot and its attachment to existing lots within the Great Oaks subdivision. BACKGROUND/ATTACHMENTS: (3) Area Map, page 0. Drawing of the original Outlot C combination configuration, page �. December 18, 1995 letter from the Developer which includes the proposed Outlot C combination reconfiguration and the revised legal description, pages ( ( 0 through -� •i GHLA r OAKS r ��r I 69,E `• �" [fir 39 �/ /, F ``•� .nor 1 PARCELNORM GI��a� N GRfA EAST CORNER OF OUrLOT C, • � � Ep q S, \ � 17g 9� I PARCEL I r .3o C 1� -1' IP l POND r '`c !� ROV/ ' I PARCEL / '. % B / ti A 1 O 1 •� . _ / ^/ •6 q SCALE C 1 INCH 30 FEET - • Ci � -all " ` ' / �' g. 100, Ul .41 ,flu, VP 10, a kA 'r I I1_ M L---.-------- ---- ----- Cj SOUMEAST CORNER OF !` OUTLOT C. GREAT OAKS -- SOUTHNFST CORNER OF OUTLOT a 502.00�� •,--�7m L1N( OF OUnoT c GREAT OAKS S 8905528" E GREAT OAKS r ter- rill, ♦r, rr rr it r\,r r , .L_ • r ,�I ��b. I�rr SLI ./ ( /L..((,"f' /(� J�k+�t 195 PARCEL AREA TABULA 17um PARCEL A 15,599 SO. FT. PARCEL B 113,246 SO, FT. PARCEL C 14,602 SO, FT. R •�.'""�■.:r.�� !i�.w'�v w,:.w DRAWING PREPARED OCTODER DRAWNG REVISED NOVEMBER S. y 6 kk1717-)Q O-Cf-j"O lk�c 'A IR a n�� U I - December 18, 1995 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Mayor and Council Members: In January of 1994 you passed a resolution authorizing the combination of Outlot C, Great Oaks with Lots 3, 6 and 7, Block 1, Great Oaks. This was done as a condition of approval of the Woodlands 4th plat. .. Due to circumstances the resolution was never recorded. We hereby request that the resolution be amended to the extent that the Outlot C parcels to be attached be reconfigured according to the attached revised legal descriptions and drawing. The resolution, if amended, will be promptly recorded. Sincerely, Howard R. Kyllo Robert E. Engstrom Companies HRK/jr ... LAND SPECIALIST ... t 4801 West 81st Street • Suite 101 • Minneapolis, Minnesota 5 -1001 •Fax (612) 893-1841 LOT 1 'A cn 0 1 ` LOT 12 SKETCH FOR ROBERT ENGS TROM CO. 'S LOT 7 NOR TN*Es r CORNER OF OUTLOT G CREAT OAKS / LOT 6 X48 -------� . 6? _ S rOA1SA'CY PARCEL A 7 LOT 3 NORTNEASr CORNER OF ouTLOT C, GREAT OAKS-- / goo PARCEL moo' c B ti h y 44. i Q,tzZ r E'i C POND Qz / _ _ G- LOT 5, BLOCK 2 THE WOODLANDS NORTH LOT 13` PARCEL / C„ C SCALE / 1 INCH 60 FEET O LOT 15 po/ \ oy %\ y -a o�P 13 I r r > ♦ ! O •_� /;01, 0 �-- ' ` -- ' S E1SS SOUINEAST CORNER OF OUTLOr G GREAT OAKS--.-_.. ` , SOUrHI4ESr COME? OF OUILOr G GREAT OAKS rr rr- f t1 h• THRESHER SQUARE, 700 THRD STREET SOUTH, MALS. MN. 55415 PLANNING • TRANSPORTATION • ENGINEERING - URBAN DESIGN -502.00- ♦% ••--SOUTH ME OF OUROr G S 8905528" E GREAT OAKS Inf r rf ff ,f it r\rf r •. PARCEL AREA TABULA77ON PARCEL A 15r599 SO. FT. OIR Q358 ACRS CEL B 20,175 SO. FT. OR a463 ACRES PA C 107,674 SO, FT. OR 2.472 ACRES TOTAL EA 143,448 SO. FT. OR 3.293 ACRES I DRAWING PREPARED OC70IBER 21, 1993 \ DRAWING RENSED NOVEMBER 8, 1993 DRAWING REVISED DECEMBER 19, 1995 PARCEL DESCRIPTIONS ( Division of part of Outlot C , GREAT OAKS) "Parcel A" (to be combined with Lot 7, Block 1, GREAT OAKS) That part of Outlot C, GREAT OAKS, according to the recorded plat thereof, Dakota County,Minnesota, lying Easterly of the east line of THE WOODLANDS FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; said part of Outlot C is described as follows: Beginning at the northwest corner of said Outlot C; thence South 69 degrees 36 minutes 14 seconds East on an assumed- bearing along the northeasterly line of said Outlot C, a distance of 148.62 feet; thence South 21 degrees 51 minutes 47 seconds West, a distance of 210.00 feet to a point on the east line of said THE WOODLANDS FOURTH ADDITION; thence North 13 degrees 54 minutes 40 seconds West along said east line, a distance of 254.15 feet to the point of beginning . "Parcel B" (to be combined with Lot 6, Block 1, GREAT OAKS) That part of Outlot C, GREAT OAKS, according to the recorded plat thereof, Dakota County, Minnesota,lying Easterly of the east line of THE WOODLANDS FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; said part of Outlot C is described as follows: Beginning at a point on the northeasterly line of said Outlot C, distant 148.62 feet Southeasterly from the northwest corner thereof; thence South 69 degrees 36 minutes 14 seconds East on an assumed bearing along the northeasterly line of said Outlot C, a distance of 129.10 feet; thence South 21 degrees 51 minutes 47 seconds West, a distance of 102.65 feet; thence South 71 degrees 15 minutes 08 seconds West, a distance of 170.00 feet; thence North 21 degrees 51 minutes 47 seconds East, a distance of 210.00 to the point of beginning. "Parcel C" (to be combined with Lot 3, Block 1, GREAT OAKS) All that part of Outlot C, GREAT OAKS, according to the recorded plat thereof, Dakota County, Minnesota, lying Easterly of the east line of THE WOODLANDS FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; EXCEPT that part of said Outlot C, described as follows: Beginning at the northwest corner of said Outlot C; thence South 69 degrees 36 minutes 14 seconds East on an assumed bearing along the northeasterly line of said Outlot C, a distance of 277.72 feet; thence South 21 degrees 51 minutes 47 seconds West, a distance of 102.65 feet; thence South 71 degrees 15 minutes 08 seconds West, a distance of 170.00 feet to a point on the east line of said THE WOODLANDS FOURTH ADDITION; thence North 13 degrees 54 minutes 40 seconds West along said east line, a distance of 254.15 feet to the point of beginning. REV.desc.12/19/95 Agenda Information Memo January 16, 1996 Eagan City Council Meeting C. RECOMMENDATION/SOLID WASTE ABATEMENT COMMISSION CITY CODE AMENDMENT, SECTION 6.37, RESIDENTIAL REFUSE AND RECYCLING COLLECTION REQUIREMENTS ACTION TO BE CONSIDERED: To approve or deny a continuation of this item to the February 20, 1996 City Council meeting and to extend the moratorium on issuance of additional residential or combination hauling licenses until March 1, 1996. FACTS: At its meeting January S, the City Council accepted a recommendation by the Solid Waste Abatement Commission concerning increased educational efforts for voluntary refuse collection organization of neighborhoods and yard waste management and a cap on the number of licenses issued to refuse and recycling haulers operating in Eagan residential neighborhoods. Staff and the City Attorney's office have drafted the ordinance amendment necessary to affect such a cap and circulated it for review by the Solid Waste Abatement Commission. Sufficient questions were raised about the implementation of a reduction of the cap that staff is proposing to schedule a review of the issue with the Solid Waste Abatement Commission at its meeting of January 18. Based upon policy recommendations at that time, the ordinance amendment will be forwarded to the City Council for consideration in February. (�3 Agenda Information Memo January 16, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny a Rezoning of 5.5 acres from Agricultural to R-1 Single Family. To recommend approval or denial of a Preliminary Subdivision consisting of three lots on 5.5 acres located on the west side of Lexington Way, north of Diffley Road at 4135 Lexington Way subject to the seven conditions listed in the Advisory Planning Commission minutes of December 21, 1995. FACTS: • The unplatted property contains the existing home of Donald and Lucille Warkentien. The site is heavily -wooded and characterized by significant topography. • The proposed subdivision results in a density of .54 units/acre. All lots will have frontage on Lexington Way. Access to Lots 1 and 2 will be from Lexington Way via a shared private driveway to be located on Lot 2. • The proposed rezoning to R-1 Single Family and the three lot subdivision request are both consistent with the D -I Comprehensive Land Use Guide Plan designation and the development will be compatible with the surrounding area. • The Advisory Planning Commission held a public hearing for this item at their regularly scheduled December 21, 1995 meeting and recommends approval of the rezoning and subdivision requests subject to the seven conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2 APC minutes of December 21, 1995, pa es through �4 Staff Report, pages —AQ through . Pagc 5 Dcccmba 21, 1995 ADVISORY PLANNING COMMISSION REZONING & PRELIMINARY SUBDIVISION - PETER RAMSTAD FOX FOREST ADDITION Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 5.5 acres from A (Agricultural to R-1 (Single Family) and a Preliminary Subdivision (Fox Forest Addition) of three lots on 5.5 acres located on the west side of Lexington Way, just north of Diffley Road, in the SE'/4 of Section 22. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated December 15, 1995, and as amended on December 21, 1995. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staff s evaluation of the applicant's requests. Mr. Ridley concluded that the proposed rezoning is consistent with the Comprehensive Guide Plan designation and the proposed development is compatible with the surrounding area. The applicant, Peter Ramstad, stated that the proposal was designed to avoid any necessity for variances ,and is within all Code requirements. Member Isberg inquired with staff whether the proposed roadway along the south edge of Lot 1 is a private road. Mr. Ridley advised the Commission that it is a private driveway which presently exists to serve the existing house on the property and will eventually extend to serve Lot 2. Member Isberg further inquired whether any fire hydrant currently exists on the subject property. The applicant advised that there is no existing hydrant on the property itself, but a hydrant does exist at the church entrance. The City Development/Design Engineer, John Gorder, stated that the hydrant located at the church entrance will serve the proposed Lot 3. Member Heyl inquired with the applicant of his intent to do further development or subdivision to the public property in the future. Mr. Ramstad stated that he could not state that there would not be further development in the future, that there is always a possibility; however, the applicant has no plans to develop the property further. Chairman Miller reopened the public hearing, with the applicant's consent, to permit comment from a neighboring resident. Lauren Florine, 4085 Lexington Avenue, stated that she lives north of the site. She stated that she has no concern regarding the splitting or subdivision of the parcel or that houses may be built. Ms. Florine expressed concern, however, regarding potential tree loss with any development. Mr. Florine concluded that she has no objection to the proposal but is only concerned with the trees. Chairman Miller explained the intent and procedure of the tree preservation policy of the City. The applicant explained that it is their goal to save trees as well, noting the jagging configuration of the driveway which was necessary to save large significant trees. Mr. Ridley added that tree mitigation is require `d after the tree removal limits are 612 432 3780 SENT BY. 1-10-96 : 2:22PM : SEVERSON SHELDON- 681 4694:# 2/ 2 Page 6 Dcccmber 21, 1995 ADVISORY PLANNING COMMISSION exceeded. Mr. Ridley stated that the tree removal with respect to the proposal is below the limits and therefore no mitigation is required. Member Isberg moved, Member Heyl seconded, a motion to recommend approval of a Rezoning of 5.5 acres from A (Agricultural) to R-1 (Single Family) of three lots on 5.5 acres located on the west side of Lexington Way, _just north of Diffley Road, in the SE'/4 of Section 22. All approved in favor. Member Isberg moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Fox Forest Addition) of three lots on 5.5 acres located on the west side of Lexington Way, just north of Diffley Road, in the SEy/4 of Section 22. 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, C1, C2, C4, D1, EI, F1, G1, and H1. 2. The property shall be platted. 3. The applicant shall provide detailed pians and specifications for all retaining walls to be constructed. 4. Any house constructed on Lot 2 shall be equipped with a fire protection sprinkler system in accordance with Uniform Fire Code standards or the applicant shall provide a fine hydrant and 20 -foot wide driveway access from Lexington Way to serve the future house on Lot 2. 5. The applicant shall prepare and submit a -private ingress/egress easement document for the shared driveway access on Lot 2 to the City Attorney's office for review and approval prior to Council action on the Final Subdivision. G. Prior to any site grading, the applicant shall provide tree protection measures installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 7. Upon completion of the tree protection measure installation, but at least five days prior to any site grading, the applicant shall contact the City Forestry Division All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 15, 1995 APPLICANT: Peter Ramstad PROPERTY OWNER: Donald Warkentien CASE #: 22 -PP -32-11-95 HEARING DATE: December 21, 1995 PREPARED BY: Steve Dorgan/M. Ridley REQUEST: Rezoning, Preliminary Subdivision (Fox Forest Addition) LOCATION: 4135 Lexington Way COMPREHENSIVE PLAN: D -I, Single -Family Residential (0-3 units/acre) ZONING: A - Agricultural SUMMARY OF REQUEST Mr. Ramstad is requesting approval of a rezoning from Agricultural to R-1, Single Family and a Preliminary Subdivision consisting of three lots on 5.5 acres for parcel PID# 10-02200-031-76 which is located north of Diffley Road (CO. RD. 30) and west of Lexington Way at 4135 Lexington Way in the SE 1/4 Section 22. AUTHORITY 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. That the site physically is suitable for the proposed density of the development. Planning Report - Fox Forest Addition December 21, 1995 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). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The property is unplatted and there have been no previous development proposals for this 5.5 acre site. A single family home owned by Donald and Lucille Warkentien currently exists on the property. EXISTING CONDITIONS The site is heavily wooded and characterized by significant topography. The grade changes from the high point of the site in southeast comer of a 980 elevation to the low point in the north - central area of the site with a 912 elevation. There are a total of 601 trees on site that are 6" in diameter and larger, i r g Planning Report - Fox Forest Addition December 21, 1995 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Unplatted property and several SF homes; zoned Agriculture guided Single Family South - W. Schmidt Addition (two single family homes); zoned and guided Single Family West - Patrick Eagan Park; zoned and guided Park. East - Eagan Evangelical Covenant Church; zoned and guided Public Facility and the Solderholm Addition which is zoned PD. and designated Neighborhood Business. EVALUATION OF RE UEST A. Rezoning The proposed rezoning to R-1 is consistent with the D -I, Single Family Guide Plan designation for this site and will be consistent with the existing zoning, development, and Guide Plan designations in the vicinity. The recently approved Solderholm Planned Development which includes convenience gas, fast food, service retail, and medical office is located south and east of the proposed subdivision. The primary access to this neighborhood commercial development will be from county roads (Diffley Road and Lexington Avenue) so activity on the Solderholm site should have minimal impact on this residential land use located at the north end of Lexington Way. B. Preliminary Subdivision Compatibility with Surrounding Area - The proposed subdivision is consistent with the designated densities of the specific area and the general vicinity as well. Density - The proposed subdivision results in a density of .54 units/acre, which is well within the maximum densities allowed in the R-1 Zoning District. Lots - The lots exceed the 12,000 s.f. maximum lot size and 85' lot width requirements of the R-1 zoning district. The lots range in size from 21,000 to 124,730 SF. Proposed Lot 2, Block 1, has a'flag lot' configuration that provides the City Code required minimum frontage of 50' on a public street (Lexington Way). Setbacks - The lots proposed are large enough to meet all standard R-1 setback requirements. Access - All proposed lots will have frontage on Lexington Way. Access to Lots 1 and 2 will be from Lexington Way via a shared private driveway to be located on Lot 2. Lot 3 will take direct access from Lexington Way. lr5 Planning Report - Fox Forest Addition December 21, 1995 Page 4 Gradin etlands - With minor revisions the preliminary grading plan is acceptable. The heavily wooded site contains generally steep topography particularly on proposed lots 2 and 3. Preparation for the home pad on Lot 3 will require between five and ten feet of fill. Retaining wall construction is proposed on Lots 2 and 3. The developer should provide detailed plans and specifications for all retaining walls to be constructed. There are no jurisdictional wetlands located on this site. Storm Drainage/Water Quality - Stormwater runoff from the site will continue to drain to the north and west to Pond JP -9, which is classified as a Class 2 Indirect Contact water body in the City Water Quality Management Plan. Due to site topography and existing vegetation, the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) is recommending a cash water quality dedication. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and watermain will be extended to serve each lot from existing lines located along Lexington Way. In lieu of a fire hydrant at the end of the water line extended to serve Lot 2, the applicant has indicated his preference is to install a fire protection sprinkler system within the proposed home on this lot. This alternative is acceptable to the City provided any home built on Lot 2 is equipped with a fire protection sprinkler system in accordance with standards of the Uniform Fire Code. Easements/Rights of Way/Permits - To accommodate a shared access for Lots 1 and 2, the applicant should prepare and submit a private ingress/egress easement to be located on Lot 2 for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. Tree Preservation - The Tree Preservation Plan is acceptable. The site is completely wooded. There are 359 significant trees on site (8+" diameter) and another 242 trees between 6-8" diameter that make up many smaller significant woodland areas. The development of Lot 2 will result in the loss of approximately 70 trees or 11.6% of the total number of trees inventoried. Allowed removal without mitigation is 20%. Because no development is proposed for Lot 3 at this time, an individual lot tree preservation plan will be required with any future building permit application. The applicant should provide Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant treestwoodlands to be preserved. The applicant should also contact the City Forestry Division at least five days prior to any site grading. Parks and Recreation - The APRNRC is recommending a cash park and trail dedication for Lots 2 and 3. dao Planning Report - Fox Forest Addition December 21, 1995 Page 5 SUMMARY/CONCLUSION The proposed rezoning to R-1, Single Family and the three lot subdivision request are both consistent with the D -I Comprehensive Land Use designation and the development will be compatible with the surrounding area. ACTION TO BECONSIDERED To recommend approval or denial of a Rezoning of 5.5 acres (PID# 10-02200-031-76) from Agricultural to R-1 Single Family. and To recommend approval or denial of a Preliminary Subdivision consisting of three lots on 5.5 acres located on the west side of Lexington Way, north of Diffley Road at 4135 Lexington Way. If approved, the Preliminary Subdivision shall be 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, Cl, C2, C4, D1, E1, F1, GI, and H1. 2. The property shall be platted. 3. The applicant shall provide detailed plans and specifications for all retaining walls to be constructed. 4. Any house constructed on Lot 2 shall be equipped with a fire protection sprinkler system in accordance with Uniform Fire Code standards. 5. The applicant shall prepare and submit a private ingress/egress easement document for the shared driveway access on Lot 2 to the City Attorney's office for review and approval prior to Council action on the Final Subdivision. 6. Prior to any site grading, the applicant shall provide tree protection measures installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 7. Upon completion of the tree protection measure installation, but at least five days prior to any site grading, the applicant shall contact the City Forestry Division. a i A. B. STANDARD CONDITIONS OF PLAT APPROVAL Financial Obligation s 1. This development shall accept its additional financial obligations as defined in the stafrs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Easements and Rio hts-of-Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage .ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment; depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, prepared in accordance with approval. erosion, and sediment control plan must be current City standards prior to final plat 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. (aa- 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. 9 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. Permits 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 H. Other 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. 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 LTWS STANDARMCON City Council September 15 1987 Revised: July 10, 1990 Revised:_ February 2, 1993 1a3 it FINANCIAL OBLIGATION - Fos Forest There are pay-off balances of special assessments totaling $0 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Anwtmt Storm Sewer Trunk S.F. $810.00/lot 2 lots $1,620 Water Trunk S.F. 845.00/lot 2 lots 1,690 Lateral Benefit Water S.F. 194 ff $20.30/ff 3.938 TOTAL S71248 lad LOCATION aj q IUD Ofl • L— — — — — — — — — — — — — — — — — ......... A v IA N'01 ID N I X 31 ............ . ... —»-------- : ---------- — --- — -- ------- J? ------ . .... . . at -00 W#DV3 SO 410 CL V) Lo L— — — — — — — — — — — — — — — — — ......... A v IA N'01 ID N I X 31 ............ . ... —»-------- : ---------- — --- — -- ------- J? ------ . .... . . at -00 W#DV3 SO 410 at -00 W#DV3 SO 410 ■ -�,tr~ f� p all Jul it NE -r _ S._... __ __..._....�-'--...._ �..... \x'shR \ NiiYDNiK '�� 1 , ,a :�..... �. - �� ..iwR;•:••. �:'_� .,cam — pe rb % r' , ,�! . 1:4`::.•4,•.'' .'.'a? iii:. t.G ,qi f ........... _ '.eIt ..I .. - -«...... .... Y.. ' , ........ .-�: ..T ..... .. _ .... . - .... 'y. 8 4 0 D g R� • f5551:N t i �� Li L" 1 �! Lza � • '+ fill AVM Nb16MIX31 J1. 1 — _.._ — ____ �INMdWNNWIIUNNYUIIIIIIIIIII � �---- ------------------ 1 I 1 i I I 1 o I � I I ' � 1 1 .v: 1 _ - V • r 1 Y rm a 1 5 � W •�--V -------------\�faYlYW'Ofllrllic�------_------------J i • iC-010 ►ova ro 410 , s 0 Agenda Information Memo January 16, 1996 Fagan City Council Meeting B. REZONING, PRELIMINARY SUBDIVISION AND VARIANCE - WOBKEN, WALSH AND NOREEN ARCHITECTS ACTION TO BE CONSIDERED: To approve or deny a Rezoning from R-4 (Multiple Family) to R-2 (Duplex) on 1.07 acres previously platted as Wescott Hills Revised 3rd Addition, Lots 15-19 in the NE 1/4 of Section 14 subject to the conditions recommended by the Advisory Planning Commission. To approve or deny a Preliminary Subdivision (Wescott Hills 5th Addition) consisting of four lots, including variances to allow one lot to be 92.5 feet wide and 13,875 s.f. in area subject to the conditions recommended by the Advisory Planning Commission. FACTS: ► This property was platted in 1985 as Lots 15-19 of Wescott Hills Revised 3rd Addition and in 1989 five 4-plex units were proposed on the lots but were never built. ► The proposed rezoning from R-4 to R-2 would allow duplex development which would result in a lower density than allowed under current zoning. ► Three of the four lots in the proposed Wescott Hills 5th Addition meet or exceed City Code requirements for lot width and area. One of the lots would be narrower (92.5 ft. vs. 100 ft.) and smaller (13,875 s.f. vs. 15,000 s.f.) than required by Code. ► The width variance is needed primarily because the entire width of Wescott Trails (private road) is located on the site. In order to achieve required setbacks and sufficient buildable areas on the lots, the lot with the road on it (Lot 19) must be much wider than the minimum 100 foot width required. As a result, the site is not wide enough for the adjacent lot (Lot 18) to be 100 feet wide. The location of the roadway entirely on Lot 19 is a condition unique to the property. Despite the requested width variance, all yard setbacks (front, side, rear) will be maintained and the resulting buildable area of the lots is sufficient to accommodate the proposed duplex development. ► Given the proposed 92.5 foot lot width, the resulting lot area of 13,875 s.f. is less than the 15,000 s.f. required by Code. QW.Xc� rnA, Pk+ s. ��-- :�-- Page 7 December 21, 1995 ADVISORY PLANNING COMMISSION REZONING, VARIANCE & PRELIMINARY SUBDIVISION WOBKEN WALSH AND NOREEN ARCHITECTS Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 1.07 acres from R-4 (Multiple Family) to R-2 (Duplex); a Preliminary Subdivision (Wescott Hills 5th Addition) of four lots; and a Variance to allow one lot to be 92.5 feet wide rather than 100 feet wide, and 13,875 square feet in area rather than 15,000 square feet as required by City Code on property currently platted as Wescott Hills Revised 3rd Addition (Lots 15-19) located south of Wescott Square Road in the NEV4 of Section 14. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated December 4, 1995. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham further outlined the City staffs evaluation of the applicant's request. Ms. Farnham noted that the City staff suggests the developer plat the property and rename the proposed subdivision to Wescott Hills 5th Addition, Lots 1-4 on the final subdivision and has made such a condition of the preliminary subdivision. The applicant was not present. No persons from the public were present. Member Burdorf asked Ms. Farnham to explain the rationale for the requested variance. Ms. Farnham did so and added that the 10 -foot sideyard building setbacks are met despite the variance. She further added that a 30 -foot easement along the east side of Lot 18 does not allow the building pad to be moved east. Member Isberg stated that the applicant suffers from a hardship because the (1) Wescott Trail roadway is built entirely on Lot 19, and (2) the structure on Lot 18 cannot be built within the 30 -foot easement along Lot 18's east edge. Member Heyl stated that the granting of a variance would not be contrary to the intent of the City Code, noting that all setbacks are met. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a Rezoning of 1.07 acres from R-4 (Multiple Family) to R-2 (Duplex) on property currently platted as Wescott Hills 3rd Additions (Lots 15-19) located south of Wescott Square Road in the NE%4 of Section 14. All approved in favor. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a Preliminary Subdivision (Wescott Hills 5th Addition) of four lots; and a Variance to allow one lot to be 92.5 feet wide rather than 100 feet wide, and 13,875 square feet in area rather than 15,000 square feet as required by City Code on property currently platted as Wescott Hills Revised 3rd Addition (Lots 15-19) located south of Wescott Square Road in the NEV4 of Section 14, subject to the following conditions: Page 8 December 21, 1995 ADVISORY PLANNING COMMISSION Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993 B 1, B2, C 1, C2, D 1, E 1, F 1(trail dedication), G 1 Gradin 2. The developer shall submit a revised grading plan that reflects slope grades of 3:1 or gentler or the construction of retaining walls to obtain the required 3:1 slopes. 3. Driveways to Lots 15 and 17 from Trails End Road shall be constructed at a longitudinal slope of 10 percent or less. Easements 4. All drainage and utility easements dedicated with previous Wescott Hills plats shall be maintained with this re -plat. Plamna 5. The developer shall plat the property and rename the proposed subdivision to Wescott Hills 5th Addition, Lots 1-4 on the final subdivision. All approved in favor, except Member Burdorf who opposed. REPORT DATE: Dec. 4, 1995 PLANNING REPORT CITY OF EAGAN CASE: 14-RZ-18-11-95; 14 -PP -31- 11-95; 14-V-18-11-95 APPLICANT: Wobken Walsh Noreen HEARING DATE: Dec. 21, 1995 Architects PROPERTY OWNER: Frederick C. Richter PREPARED BY: Julie Farnham REQUEST: Rezoning, Preliminary Subdivision and Variance LOCATION: Property currently platted as Wescott Hills Revised 3rd Addition, Lots 15-19 south of Yankee Doodle Road in the NE 1/4 of Section 14. COMPREHENSIVE PLAN: D -III Mixed Residential (6-12 units/acre) ZONING: R-4 Multiple Family SUMMARY OF REQUEST Wobken Walsh Noreen- Architects is requesting approval of a Rezoning from R-4 (Multiple Family) to R-2 (Duplex); a Preliminary Subdivision consisting of a re -subdivision of five lots (Wescott Hills Revised 3rd Addition, Lots 15-19) into four lots (proposed Wescott Hills 5th Addition); and a Variance to allow one lot to be less than 100 feet wide (92.5 proposed) and less than 15,000 s.f. in area (13,875 proposed) as required by City Code. AUTHORITY FOR REVIEW Rezonins City Code Section 11.40 Subd. 5 D. Public Hearing states that "The Planning Commission shall hold at least one public hearing affording the parties interested the opportunity to be heard". Subdivision City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. l3� Planning Report - Wobken Walsh Noreen December 21, 1995 Page 2 C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and fled 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. Variance City Code Chapter 11, Section 11.40, Subd. 3, C. Issuance states that the Council shall determine: A. That the special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land Planning Report - Wobken Walsh Noreen December 21, 1995 Page 3 or structure in the district in which said land is located, and that the granting of the application is necessary for the applicant. B. That granting of the proposed variance will not be contrary to the intent of this chapter and the Comprehensive Guide Plan. C. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY This area has been re -subdivided a number of times through the years. The subject property was originally an outlot in Wescott Hills Revised Addition which was approved in 1984 for townhouse development. At that time the property was already zoned R-4 (Multiple). The subject property was eventually platted as Lots 15-19 of Wescott Hills Revised 3rd Addition which was approved in June 1985. In 1989 five 4-plex units were proposed on Lots 15-19 but were never built. The applicant initially proposed calling the preliminary subdivision Wescott Hills Revised 3rd Addition, Revised Lots 15, 17, 18, 19. That is the name used on the plans submitted and the attached exhibits. However, that name and lot numbering is awkward. Staff requests that the applicant rename the proposed subdivision to Wescott Hills 5th Addition and renumber the lots as 1-4 on the final subdivision. EXISTING CONDITIONS The subject property is undeveloped. There are no trees on the site which is covered in grasses. The property has varied topography, with a steep slope from Trails End Road down to the center of the site. The lowest part of the site contains a drainage Swale in an easement running east - west through the property. The property has frontage on three streets: Wescott Square to the north, Trails End Road to the south and Wescott Trail (private street) on the west. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Townhouses; R-3 (Townhouse); D -III (Mixed Residential 6-12 du/ac) South - Duplexes; R-1 (Single Family) and PD (Planned Development); D -I (Single Family) and D -II (Mixed Residential 0-6 du/ac) East - Duplexes and townhouses; R-3 (Townhouse) and R-4 (Multiple); D -III (Mixed Residential 6-12 du/ac) West - Apartments and single family (some undeveloped) R-4 (Multiple); D -III (Mixed Residential 6-12 du/ac) Planning Report - Wobken Walsh Noreen December 21, 1995 Page 4 EVALUATION OF RE UEST ■ Rezoning Zoning in the immediate area consists of a mix of residential including R-1 (Single Family), R-3 (Townhouse) and R-4 (Multiple). Existing land uses reflect a mix of housing types including apartments, townhomes and single family dwellings. The requested rezoning to R-2 (Duplex) would allow development of duplexes. The applicant indicates that there is a market for duplexes in this location. Staff notes that some of the existing townhomes in the area are 2 -unit structures. The proposed R-2 zoning would result in lower density development than allowed under the existing R-4 zoning. As such, it might provide a good transition from the higher density apartments to the west and the lower density townhouses and single family residents to the north, south and east. ■ Preliminary Subdivision Density - The proposed Wescott Hills 5th Addition will consist of 4 lots for development of duplexes. The overall property is 1.07 acres in area. With a duplex on each lot, the resulting density will be 8 dwelling units per acre. This is within the 6-12 units per acre associated with D -III land use designation. Lots - The proposed subdivision consists of 4 lots ranging in size from 13,875 s.f. to 19,300 s.f. Three of the four lots are 100 feet or wider. One lot is proposed to be 92.5 feet wide which will require a variance (discussed later in report). Setbacks - All proposed setbacks meet or exceed code requirements. These include: 30 feet front (from public street), 25 feet from a private street (Wescott Trails), 10 foot side and 15 foot rear yard. Grading - With some modifications the grading plan submitted is acceptable. The site was previously graded with the Wescott Hills Revised 3rd Addition plat. The developer is proposing to re -grade a portion of the site to accommodate the proposed housing units. Some slopes shown on the grading plan submitted are steeper than 3:1. The grading plan should be revised to reflect slope grades of 3:1 or gentler or the construction of retaining walls to obtain the required 3:1 slopes. Storm Drainage - Storm water runoff from the site will be conveyed through existing storm sewer along the west edge of the Lots 15 and 19 which eventually drains to Pond EP -2. Pond EP -2 is classified as a Class 5 Nutrient Trap. /,3(-0 Planning Report - Wobken Walsh Noreen December 21, 1995 Page 5 Wetlands/Water Quality_ - There are no jurisdictional wetlands that will be affected during site development. A water quality cash dedication it recommended. Utilities - Sanitary sewer and water main of sufficient size, depth and capacity previously constructed through the middle and east portions of the site provide sanitary and water service to the proposed lots. Access - According to the submitted site development plan, driveway access for proposed Lots 18 and 19 will be onto Wescott Square while Lots 15 and 17 will take driveway access onto Trails End Road. The proposed longitudinal driveway slopes for Lots 15 and 17 onto Trails End Road are in excess of 30 percent. City standards for driveway slopes is 10 percent or gentler. Staff recommends that the developer construct driveways to Lots 15 and 17 at a longitudinal slope of 10 percent or less. This may require filling a portion of these lots constructing retaining walls. Easements - Drainage and utility easements for the existing sanitary sewer, water main, and storm sewer on the site were dedicated with previous Wescott Hills additions. All existing drainage and utility easements should be' maintained with the re -platting of this development. The easements run east -west bisecting the property then turn north along the east . edge of proposed Lot 18. The east -west segment of the easement is 45 feet wide and the north -south segment is 30 feet wide. Tree Preservation - No significant trees will be impacted by site development. Parks and Recreation - Parks dedication has been fulfilled for this property. However, a cash dedication for trails will be required. ■ Variance The applicant is requesting a variance to the required 100 foot width and 15,000 s.f. area for the lot labeled as Lot 18 on the attached exhibits. The proposed lot would be 92.5 feet wide and 13,875 s.f. in area. The need for the variance results largely from the entire 30 foot width of Wescott Trails (private road) being located on Lot 19. When required setbacks are factored in, the resulting buildable area of Lot 19 is 52.5 feet wide. According to the applicant, this is the minimum width needed to build a 25 foot wide duplex. Apparently narrower units would not be practical or marketable. In other words, if the proposed 117.5 ft. width of Lot 19 was reduced to widen Lot 18, the buildable area of Lot 19 would be too narrow to develop for the intended duplex use. As proposed, both Lots 18 and 19 have 52.5 foot wide (4,777.5 s.f.) buildable areas. SUMMARY/CONCLUSION The requested rezoning from R-4 to R-2 would allow development of duplexes on this property l3 � Planning Report - Wobken Walsh Noreen December 21, 1995 Page 6 It would result in a lower density development than allowed under current zoning and would provide a transition between the higher density apartments to the west and the townhomes, duplexes and single family development to the north, west, and south. Three of the four proposed lots meet or exceed City Code requirements for lot width and area. Variances are requested to allow Lot 18 to be narrower (92.5 feet) and smaller (13,875 s.£) than required by Code. The variances are needed primarily because the entire width of Wescott Trails (private road) is located on Lot 19. In order to achieve sufficient buildable area on Lot 19, the lot must be much wider than the minimum 100 foot width required. As a result, the site is not wide enough for Lot 18 to also be 100 feet wide. These conditions are unique to this property. In addition, the site plan submitted illustrates that the smaller Lot 18 can accommodate the proposed duplex development. As such, staff believes the requested lot variances are merited. ACTION TO BE CONSIDERED A. To approve or deny a Rezoning from R-4 (Multiple) to R-2 (Duplex) on 1.07 acres previously platted at Wescott Hills Revised 3rd Addition, Lots 15-19 located on the south side of Wescott Square in the NE 1/4 of Section 14. B. To approve or deny the proposed Preliminary Subdivision (Wescott Hills 5th Addition) consisting of four lots, including variances to allow one 92.5 ft. wide, 13,875 s.f. lot, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, Cl, C2, D1, E1, F1 (trail dedication), Gl Grading 2. The developer shall submit a revised grading plan that reflects slope grades of 3:1 or gentler or the construction of retaining walls to obtain the required 3:1 slopes. 3. Driveways to Lots 15 and 17 from Trails End Road shall be constructed at a longitudinal slope of 10 percent or less. Easements 4. All drainage and utility easements dedicated with previous Wescott Hills plats shall be maintained with this re -plat. Plattin 5. The developer shall plat the property and rename the proposed subdivision to Wescott Hills 5th Addition, Lots 1-4 on the final subdivision. 39 FINANCIAL OBLIGATION - Wescott Hills Revised 4th There .are pay-off balances of special assessments totaling $8,948 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments totaling $2,982 on the parcels proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity A ww NONE (3 i 20. LOCATION SITE CONTEXT MAP �ti v INDUSTRIAL 1-1 tMAY. + _ _ VtESC THILL FOUR H ADD. I t TOWNHOMES R-3 +' RIEW 1 2 � Y I t0 t 1 ! COH►LL p WESCOTT SQUARE I. TOWNHOMES _-- - - WESCOTT SQUARE APTS. R-4 r Nom, ; R-3 _ I ' 1 + ' 21 SITE Z-V%i+ # ,•� J f i t /J ~ ' • , ^ i ♦ • • a • s M t, tl N N E 0 T IL S EVI ED RD A I TRAILS ENO RC -SINGLE FAMILY R-1 j t s a ' LLALJ-I@m I low L) I _ , TRAIL COURT I ' �i' t �-+,sou• 'm � • TMS END Q ,. t + se „ 1 ' ''ol . - WOODLANDS NORTH t 2 �1 2 TWINHOMES PDD /(/� J rf ----J I —� ilY.Iw A� r� 1 1 +MA • -- -- -- -- _—Q:QAR;TBEETMAW -- -- -- — 1 CREAT OAKS TRAIL I M IS _ GREAT OAKS 17 ' SINGLE FAMLY s " 00 1 ORT " ,%' � ~ 1 • l I `•�Z- 1 �X 1�a Agenda Information Memo January 16, 1996 Eagan City Council Meeting C. REQUEST BY BEA BLOMOUIST TO ADDRESS MN H.F.833 RE: COMPREHENSIVE GUIDE PLAN/ZONING MAP ACTION TO BE CONSIDERED: To receive a presentation by Ms. Blomquist relative to statutory changes to the comprehensive guide plan requirements for Minnesota cities. FACTS: • The Council is aware that the Legislature has enacted changes in Statute which will require a review of the consistency between the comprehensive guide plans and zoning maps of Minnesota cities. Because of Ms. Blomquist's experience with the City, she has taken a special interest in the consequences of these requirements and has asked for time on the Council agenda to address them. -ATTACHMENTS: ; • Correspondence from Ms. Blomquist on pages 664rough4�r 14 3 January 3, 1996 Eagan City Mayor and Council members Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Council members, As former Mayor of Eagan, one who participated and adopted Eagan's Comprehensive Guide Plan, I find it incomprehensible that fifteen years later it's unbinding goals were amended to supersede zoning, along with a 1998 deadline. This legislative act causes a manifold of work for our cities. To notify each affected resident, draft staff reports, hold public hearings, and override the market place -- is not good planning! My solutions offered would be to rescind H.F. 833, or have all cities superimpose their current zoning map to become the existing Comprehensive Guide Plan. One public hearing - property owners' zoning remain unchanged - all obligations fulfilled. Lastly, take the current Guide Plan, for that's truly what it is, and entitle it: The Land Use Guide. I respectfully request to be on the January 16, 1996 regular Council meeting agenda to discuss with Mayor and Council members if the City of Eagan will work on a possible solution. Sincerely, 1,` Bea Blomquist Former Mayor of Eagan 4Terms: 1980 -1987 l44 A Bill for an Act signed, sealed and delivered.... or is it? H.F. 833, As "relating to local government; modifying certain provisions relating to comprehensive municipal planning in the metropolitan area;" I remember that! That's the "Comprehensive Guide Plan" Cities were mandated by the legislature to plan, write and turn -in for approval to the Metropolitan Council by 1980. While Mayor of Eagan and former Planning Commissioner member, I did that. City staff, elected Officials and residents of Eagan, neighborhood by neighborhood, came up with a plan for our city. Not a bad idea, I thought at the time. We should know where we're going and have a plan for the future. Now fifteen years later we're faced with an amendment to the law, H.F. 833. For those of us that worked diligently to put together a plan, it's hard to understand why the legislature wants to take a city plan and call it actual zoning. What's worse, they gave a deadline of December 1998. This new law causes unnecessary work for cities. Cities are to notify the residents, hold public hearings, override the marketplace. This begs the following questions: • What about property rights? • Do cities pay for damages when a change in land use occurs? • Just who is liable for a taking? This is not good planning. My idea is let's take the plan for what it is -- A PLAN and give it another name, i.e. The Old Plan. Let's use our city's current zoning map and make "it" the Comprehensive Guide Plan. Let's make no changes, hold one hearing, cut down the staff work and cause less fuss. The nem step would be to lobby the legislature to rescind H.F. 833. Respectfully Submitted, Bea Blomquist 4504 Oak Chase Road Former Mayor and Planning Commission member FXTI�L�: EXTQ.A: READ ALL ABOUT IT Attention ALIT MINNESOTA RESIDENTS DID YOU VOTE FOR THI57 Did your vote put someone into power who believes this is good government? The next time you're in the voting booth -- elect someone who believes in property rights. Someone who will pick up the fallen pieces. Well, we've got trouble my friends, right here in River City We've got trouble with a capital T and that rhymes ,with C and that stands for Comp. The Comprehensive Guide Plan No, I'm not the Musicman, but allow me to play a catchy little tune being conducted by our Metropolitan Council. You may not recognize this melody the first time you hear it. But listen closely, because it's being played throughout our state and the critics say it's destined to become an unforgettable classic. "What the Heck is a Comprehensive Guide Plan?" is the name of this masterful piece of work, and only a scarce few know of its scheduled appearance. The audience, Minnesota property owners were unaware of our government's movement that imposes a legal edge over our privately owned zoning, and therefore determines our private property's future marketability and investment requirements -- their Comprehensive Guide Plan. Unfortunately, the current use of the Comprehensive Guide Plan now stretches far beyond the parameters of it's original intentions. This interesting twist of fate for the Compre- hensive Guide Plan became apparent for Eagan's NE and SE beltways. Where facilitated by the Plan, the two gateways were held hostage under lengthy existing land use moratoriums. In total, the 147 acres of affected property owners were and remain outraged by this planning tool's capacity to intervene in the marketplace with its unleashed power over decades of private investments and legal zoning rights. Two opposite ends of a city, two opposite land uses, two opposite ways to use the Guide Plan, prompting two major questions to be considered during both moratorium's official proceedings. The 1st: Realistically speaking: If the city rezoned and comp. guided both SE and NE gateways, with no intention or funds to buy out these established properties, would they then guarantee that the market could bear the high opportunity cost of buying out the millions invested into the existing structures in these difficult to develop areas? The 2nd: Ethically speaking: Could a local government leave it's stakeholder's at the beckon of the buyer due to their Comprehensive Guide plan's burden? Which in the Lone Oak moratorium were unmarketable residential properties, and the inevitable outrageous commercial/industrial assessments levied on their home sites. Similarly, in the SE industrial moratorium, the reality that nine out of eleven industrial properties had already developed, and if rezoned to residential, these established businesses would be dragged through a perpetual economic battlefield while trying to stay in business. sem, �e,� Vie. With absolutely no governmental enterprise or public need being the underlying issue prompting either forced land use change, the only reason that remained was the city's capacity to enforce it's official policing power. Understandably, the invested property owners in both moratoriums vehemently opposed this "taking in stages" approach to city planning. Although the Elected City Council made the right decisions and left both areas' zoning intact, the deep scars from the prolonged hideous process may never heal. The affected private property owners weren't the only casualties, the entire city has been adversely effected. Because the Elected City Council's job description now includes "clean-up crew" for the total havoc caused by these prolonged moratoriums, with unrealistic land use alternatives, fueled by the arbitrary and capricious use of a Comprehensive Guide Plan. Hopefully, these real life examples are the convincing evidence which Droves the Comprehensive Guide Plan can and will be used as a lethal financial weapon against property ownership. On May 17,1995, devastating action took place concerning this once innocent Comprehensive Guide Plan. On that day, the Minnesota State Legislature passed H.F. 833 which empowered this governmental planning tool to supersede all privately owned zon no. Once Governor Carlson's John Hancock secured this law of the land, all Minnesota property owner's unknowingly gave away their zoning rights. Because within what's now called Chapter 176, it ensures that should a land use dispute arise, our once predominant zoning now takes a legal back seat behind the market guess work of the government's Comprehensive Guide Plan. That's right, we paid for the land, paid the property taxes and assessments, and we still pay to develop the land. But now the Comprehensive Guide Plan can legally enforce what your land can be used for. THE BOTTOM LINE IS: Now every component regarding how our cities grow and develop are legally determined by the govemment. Sound Familiar? Historically speaking, our apathetic nature has ignored these political ideas, and we the people, have allowed our free market-driven economy to be vanquished by a govemment- driven economy. THE TRAGIC REALITY IS: Our state and local government have now secured the required legal right to totally control our core economic resource -- LAND! This new law reminds me of the classic "Domino Theory", because our forefathers carved out this country's foundation by securing land ownership rights, and we just allowed the "right" domino to fall. Now, theoretically, an inescapable chain reaction can force the rest to tumble down in a methodic order. Well, we've got trouble my friends, right here in Minnesota. Let's stop the music while we still can........... Peggy Carlson Minnesota Property Rights Association, Inc. - supporter 612-686-9762 t4 HOW THEY VOTED Those in favor of the government's Comprehensive Guide Plan overriding our private property's zoning are as follows: SENATE Anderson Hanson: Langseth Oliver Sams Beckman Hottinger Larson Olson Samuelson Belanger Janazich Lessard Ourada Schesvel Berg Johnson, D.E. Urnmer Pappas Solon Bertram Johnson, D.J. Marty Pariseau Spear Betzold Johnson, J.8. Merriam Piper Stevens Chandler Kiscaden Matzen Pogemiller Stumpf Chmielowski Kleis Moe, R.D. Price Terwilliger Cohen Knutson Mondale Ranum Vickerman Day Kramer Morse Reichgott Junge Wiener Finn Kroening Neuville Robertson Dawkins Flynn Krentz Murphy Riveness Wagenius Frederickson Laidig Novak Runbeck Rice HOUSE OF REPRESENTATIVES Anderson, I. Entenza Johnson, R. Mahon Orfield Same Anderson, R. Farrell Kahn Mariani Osthoff Schumacher Bakk Garcia Kalia Marko Ostrom Simoneau Brown Greenfield Kelley McCollum Otremba Skoglund Carlson Greiling Kinkel McGuire Pelowski Solberg Carruthers Hasskamp Larsen Milbert Perit Swenson, D. Clark Hausmann Leighton Munger Peterson Tornassoni Cooper Huntley Leppik Murphy Pugh Trimble Dauner Jaros Lie -der Ness Rest Tunheim Dawkins Jefferson Long Olson, E. Rhodes Wagenius Delmont Jennings Lourey Opatz Rice Wejcman Dom Johnson, A. Luther Orenstein Rukavina Wenzel Winter Those who proved their allegiance to Minnesota property owners and the Minnesota and United States constitution are as follows: SENATE Ms. Terry D. Johnston HOUSE OF REPRESENTATIVES Abrams Davids Hackbarth Krinkie Onnen Stanek Warkentin Anderson, S. Dehier Harder Lindner Osskopp Sviggum Weaver Bettermann Dempsey Holsten Lynch Ozmont Swenson, H. Wolf Bishop Erhardt Hugoson Macklin Paulsen Sykora Works Boudreau Firnseth Johnson, V. Mares Pawlenty Tompkins Workman Bradley Frerichs Knight McElroy Pellow Tuma Broecker Girard Knoblach Moinau Rostberg Van Dellen Commons Goodno Koppendrayer Mulder Seagren Van Engen Daggett Haas Kraus Olson, M. Smith Vickerman INSTITUTE FOIL IUSIT IC2 Washington County PlAnwDA Commission To Whom It May Concem. My name is Daae Berliner, and•I ossa as ano may ai tris Institute tier Justice, a nonprofit, public interest law firm in Washf::gton, DC. 'Elle twitute for Justice relmsents r people' whose rights, including property dons, hwe beam violssed by Xwmz ivrtetat. It also advisee individuals and govetvn mats on the oo ssUtutimW visibility of propwW statutes and policies. I have reviewed the proposed Washinow County Coertpr+eheneive Plea and have noted Bev" constitutional prmblerns that it may produce. plrst, the Udted Surto in Minnesota constitutions prohfbit the tddng Of property for a public purpose %idg a just compensation. A taking Ot'the value of propcsty by OPlation ragWm aonaptstsati+on In tiro me way that a phyxical laking requires compposmion. 112 S.Cx..2886 (1992). Up until now, KCnnum cpurst bave held tMt only a am hundred petIcent taking of the value of a piece of property fa ootnpoaseblc, However, recent federal caaas indicate that the federal courts ane beginning` to recognise that a regulation that signitica}itly reduces the value of a piax of property may also inquire caqpemutift w the lsadowrw. E4- Florida Bmk 10ducAl STN v- uah1bWw, 18 F.3d 1sw (a. aims 19941 Z. riz dad; Bade; v. U Skive - . 62 UJ .W. 2614 (CLClaims 1904N The Ix Cd Comprehensive: Plan will Am Way mesh Of rim nhw of tate Ind brat is currently undeveloped In Washingwe Coaaar y. Far poems kr wb= property imva =m# mpresemt their savings, the Canprchmsive plana may rt~ahslt in 4.61 affiant taltmg of'thair ptnpartY, which will region just rompmsatfoo. Second. a land ws rem ®tial ooaascitat* a JaWft s saraise Of the police powor and rationally mete to promodng public fi&Lh► may, motah at 9instal wWm, Several courts in other states have held that mn&ting lege :Jshd= m lot sbw goes beyond permissible goverataaat aadae Z.& 6N A.2d 585 (Pa. 1992); MdI W- BDAW o£.zoeins App&Lk $52 N.Y.S.2d 780 (Nr M, `X-Ay,=Cwb.Y. 7an4viv of-wp tl#, 279 A.2d S67 (COW Mks Fairfai QatM x C"= 107 SX -2d 394 ('Va. 1959). 1001 PR MINANUAVINM HW SUM 200 SOVrK 'W1WMGTi M,1x:7000t.75N P12) 4674240 (M)1:7 -A$74 FAX � s� Washington cainty Ptaaniag Commistlon October 30, 1W - Pap Two Third, the Constitution also requires equal pfoteaion of persona under the law. 7,he current version of the +Comprehaacivs Pim permlts lha ddvelopmcat of diiiereat lot sites in different coundes, with no appamt .rationale. nk means dW a 911 an is one cs Mty may lose sixty percent of the equity value of his or her land, while a person ha another county will lose only tae percent. The Comprehensive flag will taw stmiiarly surfaced landmmers differently, and thal differing trefiftent may violate fisc Equal Protection Clause. Fourth, when a regulation is unduly oppressive and unfaidy pcnalins one group of persons In order to benefit another group of pessmts, it may be held in violation of the Due Proaeu Chane of the Fourteenth Amendment to the US. Constitutions. Sea 14.., auimgnt v Qft 834 P.2d 1 (Wa. 1993) (en bane.). KW% People who already live in Washington County and already have homes built on smell lob have decided that they would like to preserve the open spaces around thin. In order to do this. they hew decided that they will simply prevamr the landown= who have not yet built on their property from building. 6t is manifestly unjust to force a small number of tw dawnm wM td11 have large lots to essentially donate their property as open space fcc the oum tt:aidM of Washington County. TU propoW Comprehensive Plan raiew signtBMIA 00fts ft dotal issues and may be found to violate the Minnesota or United Stales CouXitution. Waabington County should carefully consider the wisdom of the pian, its cacm encs for Lmdowners end residents, and the liability that may be inewmd by the County if It pow the plan. /SI Peg 3434 Cub SS I/3/96 Lmpm MN .;5121 Phone 6116.9762 FIX 686-7400 . Dees htgy. PO Hoar 1000 Fina Laic. MN SS029 6121482.1000 61ZMI.1102 FAX As Executive Dlredor of the Mimesots Pn►pmty Rights A=Kbdan, I amm lmplom sI! k ors to support the introductiGn of antic cornfxns�on kw whish woum ra by dies an both sides of the taiLhapra Imus If Property awl were d the market value for their Pr'aP V. fOW,* ownership or use of privsle could be rifled when h resolves a Mal trine lilac env crtisl "cation or longrange goals. The real' 8 p uy k„ most government a8emc es of rxgx se reguAworr ratings if the egencim imew they would li410Anmne 'ble for their rrx m' m&1ions. J /S�- EAGAN SMALL BUSINESS ASSOCIATION 3432 Denmark Avenue #111 Eagan. MN, 55123 Bus: 612432.6601 Fa=: 612432-5818 December 27. 1995 Peggy Carlson 3434 Hwy 55 Eagan, MN 55121 Dear Peggy, The government empowering their Comprehensive Guide Plan to supersede all privately owned zoning goes way beyond the government's official policing power of our cities. The only realistic solution is to reinstate our zoning rights to supersede their Compre- hensive Guide Plan. for "We the People", once and "fDLaU" Regards, /?— John Young Secretary Eagan Small Business Association January 3, 1996 Ms. Peggy Carlson 3434 Hwy 55 Eagan, MN 55121 Dear Peggy, As former Mayor of Eagan, one who participated and adopted Eagan's Comprehensive Guide Plan,1 find it incomprehensible that fifteen years later it's unbinding goals were amended to supersede zoning, along with a 1998 deadline. This legislative act causes a manifold of work for our cities. To notify each affected resident, draft staff reports, hold public hearings, and override the market place -- is not good planning! My solutions offered would be to rescind H.F. 833, or have all cities superimpose their current zoning map to become the eusting Comprehensive Guide Plan. One public hearing - property owners' zoning remain unchanged - all obligations fulfilled. Lastly, take the current Guide Plan, for that's truly what it is, and entitle it: The Land Use Guide. Sincerely, Bea Blomquist Former Mayor of Eagan 4 Terms: 1980 -1987 Ise City to look at new, limited Zoningeven states pass property• rights protection bilis classification for unique SE c,- ir for the first time — bringing total to 17 states BY BRENDA IIAUGFJr . w■t.R IMiM�l bon for AVOMA.l"1110- Li»PPI■nd W- fr�r °�^ of Ciurch •� 1M teat suit VFW wl• In.ntitan �o Stite Journal ��,y�� .,.>;.��,. it s. •- RlClali No0! SliHwa[p y A 111 ��, ! 11 Most.B ; 1 gay ro. anrtner Ouun• et to i ttie v. 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X .� ; r 4 .s " -,'01t �! poogJogt plt �lao �t uaa-W pull w tpmlp a. >� ► a ► g, tnWA OP 01 a1wA► 11 IayA►"M - ■ r0 1 i $ 4 a � Ab�_� : s, a Pi. ��l 6aW tl wt OMMOO X113 °'fr3 atiL •�• : - t fj ••• V ;, g r ' ' ` i ay, sum aj again Jo agmJnd g Inoylt w ! WA F a !0 g � � � � . � � .� ` , ntd o1 aagd �'I ay1 Jo LOW ail s.11 Mr+, �`, r 4 :1 [a�41 Aa J°'11 Ptatwa wif Janu ITS JOB wu 'H � �8 X82 � � € . � PUB[ Ueftpq Fees: $200 investigation (non-refundable) C 5 $ 50 license Z CITY OF EAGA,N ) _ APPLICATION FOR MASSAGE THERAPIST LICENSE jl� x-03.. This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: ?0'W a_- �fl Q n h DOB:)J/ jj/_�)3— RESIDENCE ADDR ricA Aw. RESIDENCE PHONE: – $0 ` BUSINESS NAME: St�_m-e- o BUSINESS ADDRESS: 33Yo Cwt Street Maiden/Last fl) A, ' City p State/Zip' / BUSINESS PHONE: 6 )IA/ State 1. Is the applicant licensed in any other community? Yes)O No If yes, where: (xt r o 5v- Lj.LL, LI) M_L 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No� If yes, describe:_ - _ 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and C. Hygiene. * Front and side view photographs must be provided. 4. I1 you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. Attach photo. 5. .Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street city & mii& 7;ry . Dates' l J (J ✓ � L � � �—(lC � �—, _ �. - + r ' YR � e�) �a',H�{, . ` , � 19J � /! 1 W ll� � l -!.^= 3S) "_aim ,n Ow n(,8 n nil 0► , 0,11 l 6. Occupation history for preceding five years. (begin with pres-vt or most recent.) Occupation t o 10 0 5 2dj,ua ess / City/State/Zip Occupation I &0 ch M6 Address M Em QR,C _1911—to-19 _,j Length of EmployMent or Name of Business D,oC 19 7 1ploy erf� nt Ir?a121-6g .0 7It_51-Uk.0 Occupation'� '' 11 • I Employer or Name of Business _�7/s /U r f X%tQ.Y �1 a r 7 r ' ' O� 61W2011-4, t' aILL lug} 19�to 191, 0 of Address �%State/Zip Length of Employment *Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than (raffic? Yes Noy. if yes, give information as to the time, place and offense for which convictions were had: 8. hist the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: Name .2C PC f7 Vo., 1 ,l I f'j2 I1 e-4, aan Phone -22) V q Address In O 5 424- Business Address J �J 47 Iii PIz ]h fza41L.o-_ Phone �o Jj �(� �f Address 4 et � R tV; yr e �__Aa-A7``AQ 2 Business Address ao? 3 3 1! YLL� C. =L9=- 5 - 'p ) t -j- 4i. N Name / tM D, C, Phone 9_,J -1:3 V B, Date: Signature of Applicant Subscribed and svlqn to befor me``?� - I t thi ' t day of .' 1 " , 19TH :NoTMY ITH G. RODRIGUSZ Notary Publ ( Pam -M rhDAKOTA(Al fN er 6Wm F N 12-29-95 12:28PM FROM CITY OF EAGAN TO 94523829 P002/004 E Fees: $20d investigation (bon refundable) City Of iopq $so liesnee USO Pftt krt b Rd Ucewl a Term: JuW 1 -,Tune S4 EaigoFy MN li3192 CITY OF EAGAN set.4600 APPLICATION FOR MASSAGE THERAPISt LICENSE fax: ut-ittt This farm mast be filled out by typewriter or by printing in ink by the sole owner, the individual *seeking a massage therapist license. -�L.�1 TR NAME: -'ROY -an eres.¢, C!'r'-e15eingPj OB:�150 First ball Middle Maidena ast RES ENCS ADDBESSs !3 &o13Ef W000l �r. ___ I/4 �c y Mn SS1 street City 8tateB p._._ ,., RES ENCE PHONE•a 3 "/D7S BUSINESS PHONE. BTJNAME• Cae't_. C-� ( ^0 f'0 - Lc) t ok- OQf unci � BUADDRESS: 3` 0 Co"A ,p�,j ea. m Street City StatVzip X. is the applicant licensed in any other eommunity? Yea No i If yes, where• ... 2. Has the applicant been denied a massage therapist license by any licenaing authority? Yes No If yes, describe: 8. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of ipadeation fi om a school approved by the American Massage Therapist Association or other similar repntable massage association; or b. A diploma or certificate of graduation fmm a school which is either accredited by a recognized educational accrediting anu dation or agency, or is licensed by the state or local government agency i having jurisdiction over the school. C4 A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of American Message Therapy Association, 4. U you have ever used or been known by a name or names other than the true name given above,' list such name(s) and information concerning dates and places used. Front andsideviewphotogmphamustbeprovided. b. Address(es) at which you have lived during preceding five years. n with present or most recent address.) No. & Street City & State Dates 3[oa3 �l�cWdool �r. L�Vtdt,.t h AA 6. Occupation history for preceding rive years. (begin with present or most recent.) Oceivation Employer or Name of Business 3390 Q>Q. nMn 59 P4 19*Wis T9da., ' City/Staterzip yank of 12-29-95 12:28PM FROM CITY OF EAGAN TO 94523829 P003/004 i S` 1 r�' ku �=v r l 1xr'"c a Ooeapation tti'F V Employer ar Name a� Susinese S- Lf g --4�1 k. Q �, sf x« -C %'1h 5 5 to? - 35 a(o ls�a to g 9� Address Citymtatealp Length of E la �p ymeut Occupation Employer or Marne Businses 5 c `if rQ JC/�" �f{aa Gay, 303 14a Address S-7�g 9'Z. city/stateizip Length of Employment I • WtMh addltbnOl sheets if naaaatttry 7. Have you ever been convicted of any felony, crude or violation of an ordinance other Y than trafi-ia? Yes„ W9,:K, yes, give information as to the time, place and offense far which mnviction$ weft had: S. List the names, residences, and businesa addresses of three people. (prefer residents of Dakota County) of good 1 moral character, not related to the applicatrt or financially interested in the premises or business, who may be cot taeted as to the applicant's character: NameC� ;Id I 41zTarn Mono _ 3(0 73 Address a93 Y Z31Rc.k wk C.l f rj.cJ �., SS l y iBusiness Address Name Address ! 3 % S �t fie • � �-..�.�- Phone (0 Tfa7 � �'• /� SSS �/ B i Address O hl I A n Ci 10 5A4ri 3.P.a- 5 8usinees i Ditto: f Ia b i 414-r rnar-) Y-1 Snbac:ibed and sworn to before me thi® end day ofzLftWg—r*' 19-u (seal) i Notary Public cr..m.a.�..•0a..ya.4ra.ays.s�naq,a�.aAM�asAOi i ; ; 4;sa c r�r `•i H -101 K. SCHULTZ + sic,. NOTARY PU" [C-NINi NESCTA d HE 1 %- C,�Uiyll' My Comm. Expires Jan. 31, 2000 6.96 i............,,,..�..�...�.....►..,.i Phone 11 M L L-Go C&Am� . Signature of Applicant