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02/20/1996 - City Council RegularP.A. RECOMMENDATION, Solid Waste Abatement Commission, City Code Amendment, Section 6.37, Residential Refuse and Recycling Collection Requirements B. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT, Opus Corporation, for Eagan ' Promenade for revisions to their master plans, located in the northeast quadrant of Yankee Doodle Road and I -35E IX. NEW BUSINESS (TAN) A. RESOLUTION AUTHORIZING the issuance of multifamily rental housing refunding . revenue bonds, Wescott Townhomes Apartments Project, Series 1996 $1,805,000 B. PRELIMINARY SUBDIVISION, Kingswood Ponds (formerly preliminary platted as Kingswood 3rd Addition, and REZONING of 2.5 acres from Agricultural to R-1 Single Family, south of the Bruestle Addition between I -35E and Pilot Knob Road AGENDA EAGAN CITY COUNCIL - REGULAR MEETI-NG MUNICIPAL CENTER BUILDING FEBRUARY 20, 1996 6:30 P.M. I. ROLL CALL a PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. UPDATE ON ISD #197 MIDDLE SCHOOL IV. VISITORS TO BE HEARD (10 MINUTE TOTAL TIMB LIMIT) V. DEPARTMENT HEAD BUSINESS,(BLUE) A. ACCEPT GRANT, Police Department-Municipal Center Building Project, Dakota B. Electric Energy Efficiency Program ACKNOWLEDGE CERTIFICATE OF Achievement for Excellence in Financial Reporting VI. CONSENT AGENDA (PINK) •� A. �- B. C. �•� PERSONNEL ITEMS PROCLAMATION, Volunteers of America, March 3-10 RESOLUTION GIVING Preliminary Approval to a Project, setting a public hearing on issuance of a Commercial Development Revenue Note and authorizing / D. preparation of necessary documents (YMCA of Greater St. Paul Project) APPROVE ADDENDUM, Municipal Center Architectural Services, Thorbeck r p ( E. Architects GAMBLING PREMISES PERMIT RENEWALS, Knights of Columbus #7604, for Richards, 4185 South Robert Trail, and Starks Saloon, 3125 Dodd Road MASSAGE THERAPIST LICENSE, Kathleen Navarre-Larson, Lifetime Fitness G. oZTown • / H. PET SHOP LICENSE RENEWALS for Wet World, 3390 Coachman Road; Walmart, 1360 Centre Drive; and Heartland Pets, 1960 Cliff Lake Road TOBACCO SALES AND SERVICE STATION PERMIT, Twin Cities Stores Inc./Oasis ,Q I. J. Market, 3390 Coachman Road EXTENSION OF PRELIMINARY SUBDIVISION, Whispering Woods Eleventh Addition, located on the west side of Slater Road just south of Wall Street CONTRACT 94-11, Authorize Final Payment, Waterview Addition Utilities �K. �• RESOLUTION denying Kool Tyme, LLC's (Dairy Queen) application for a conditional use permit to allow a pylon sign on Outlot A of Town Centre 70 3 L. `(Northridge Z� M. Eighteenth Addition APPROVE RESOLUTION Restricting Parking on Municipal .State Aid Street Drive) PROJECT 693, Receive Final Assessment Roll, Order Public Hearing; Cedar • N. Grove 11th and 12th Addition Street Lights PROJECT 645, Receive Final Assessment Roll, Order Public Hearing, Blackhawk Hills Addition F40. RESOLUTION denying a Preliminary Planned Development Amendment for an automobile service center on Outlot A, George W. Giles Addition VIA. 7:00 - PUBLIC HEARINGS (SALMON) VACATE Farm Road Public Right-of-Way • B. �� VACATE EASEMENT, Poppler Addition VIII. OLD BUSINESS (ORCHID) P.A. RECOMMENDATION, Solid Waste Abatement Commission, City Code Amendment, Section 6.37, Residential Refuse and Recycling Collection Requirements B. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT, Opus Corporation, for Eagan ' Promenade for revisions to their master plans, located in the northeast quadrant of Yankee Doodle Road and I -35E IX. NEW BUSINESS (TAN) A. RESOLUTION AUTHORIZING the issuance of multifamily rental housing refunding . revenue bonds, Wescott Townhomes Apartments Project, Series 1996 $1,805,000 B. PRELIMINARY SUBDIVISION, Kingswood Ponds (formerly preliminary platted as Kingswood 3rd Addition, and REZONING of 2.5 acres from Agricultural to R-1 Single Family, south of the Bruestle Addition between I -35E and Pilot Knob Road /�C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Rottlund Company, from D -II, Mixed P Residential (0-6 units per acre) to Roadside Business for eight acres of unplatted property at the northeast intersection of I -35E and Diffley Road P / 3 3— D. PRELIMINARY PLANNED DEVELOPMENT, United States Postal Service, and PRELIMINARY SUBDIVISION, U.S. Postal Service Information Addition, for a Postal Service Information and Accounting Service Center located east of Dodd Road, south of Northwest Parkway and north of Lone Oak Parkway X. LEGISLATIVE/INTERGOVERNMENTAL RE'P'AIRS UPDATE (GREY) XI. ADNSINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. E]ZCUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 16, 1996 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 20, 1996 CITY COUNCIL MEETING After approval is given to the February 20, 1996 City Council agenda, the regular meeting minutes for the February 6, 1996 City Council meeting and the minutes for the January 16, 1996 Special City Council meeting, the following items are in order for consideration. A. ACCEPT GRANT,_POLI_CE DEPARTMENT -MUNICIPAL CENTER BUILDING PROJECT, DAKOTA COUNTY ELECTRIC ENERGY EFFICIENCY PROGRAM FACTS: Dakota Electric offers grants to its customers who incorporate energy efficient technologies in their buildings. Municipal Buildings Supervisor Howard Favilla coordinated a grant application with Dakota Electric associated with the City's City Hall and Police Department building projects based on energy efficient lighting and controls. The company has awarded the City a grant of $2,864 and a plaque which will be presented at Tuesday evening's meeting. Mr. Favilla's hard work has resulted not only in this grant, but also in a potential reduction in energy costs for the Police facility based upon the decrease in demand experienced since the opening of the building last April. This rate reduction has the potential of saving up to $2,000 per year in energy costs for that facility. Dakota Electric representatives have been invited and Mr. Favilla will be present for Tuesday evening's meeting in this regard. B. ACKNOWLEDGE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FACTS: The City of Eagan is in receipt of the Certificate of Achievement for Excellence in Financial Reporting for its 1994 Annual Financial Report. It would be appropriate to recognize Finance Director Gene VanOverbeke and the rest of the Finance Department staff for their work in managing our public funds in a way which is recognized by the profession for its quality and clarity. Agenda Information Memo February 20, 1996 Eagan City Council Meeting The City has been receiving this award annually for a number of years, but it is not easily achieved or commonly given. Eagan is extremely fortunate to have excellent financial professionals and it is appropriate to recognize their work at opportunities such as this. Finance Director VanOverbeke will be present to accept the Certificate on behalf of the City. MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota :.February 6, IM A regular meeting of the Eagan C�i:;bounc9 was held on Tuesday, February 6, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present wera;.May� r• Egan, :and. Crouncilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administratt#tiirt#tl[titfiunity Development Director Peggy Reichert, Director of Public Works Tom Colbert, Flrklric'�tiirecia�r'©6 VOverbeke and City Attorney Jim Sheldon. Administrator Hedges noted that Mike Reardon will explain the new audio visual equipment during Department Head Business. Hunter moved, Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 111NUTE;S'C ; fl4l�+13 It iEE1"i{ Councilmember Wachter requestAd' a changW:on page 10, relating to the historic bell, that the word 'enclosed" should be 'mounted'. Counc!WOf i®f.M6$tn,:moteO:a:correction on page 1 relative to the donation from the Lions Club, that the check was fol Wachter moved, Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Bea Blomquist gave an update on the status of bills b9ing Introduced relative to comprehensive guide plan. She noted the House File is H.F. 2886, and the Sera *-Fii0 is S.F. 2428. She noted there is another bill being introduced that would allow cities to �et:a avi3i!t+4:f'ihe changes necessitated by earlier legislation. Discussion followed. McKenzie Foster, Shelly Baker, L1nda:ili4CYi!iii ms, dhd Marsha Johnson gave information to the Council regarding bus service problems in Fagan on rdut;:i;iiia :RTS buses which are being used by the MVTA for this area. Some of the problems experienced Include #j.aEt'inconsistent service; 2) malfunctioning or no heat; 3) noxious exhaust fumes/inadequate ventilation pros; as well as other issues. They proposed several solutions, and noted that the drivers have been courteous and friendly. Councilmember Masin indicated that the MVTA is aware of these concerns and is working on them, noting the buses are in the process of being weatherstripped. She also noted that someone from the MV17A follows up on all complaints to make sure they have been resolved. The Operations Manager for the bus company was present and acknowledged receiving these concerns and noted they are trying the rctiy the problems and should have them all resolved by the end of the week. Ms. Foster indicated sh6: odd:*ep0d:#3a . i4b the Council In a couple of weeks. POW` 19 lit it ilWS Mike Reardon, Cable Coordinate36anked:l p fesentatives from Electronic Interiors and Ron Braun for their assistance in designing the audio v t� y� *-- '...ft": rrcll Chambers, and Meredith Cable for use of their cablecast equipment in the lnterim:' fii:;igW*t -il"'eudio visual system In the Council Chambers, and demonstrated different lighting scenarios for giving presentations, as well as the presentation system In regard to Item A, Pg of service to the City of Eagan. In regard to Item B, Resolution: -GamblinqPren Councilmember Masin indicated she wiB:Ilbstain on this Masin commended Nancy Ingerson for 23 years EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 19% PAGE 2 In regard to Item D, Ordinances Regarding S=Ial Hunting Permits. Counciimember Wachter asked whether these will come back to the Cour�0:. Police Chief Pat Geagan responded that the ordinance would allow them to be dpproved administrativeCj�}:#gut he indicated he could give the Council a report. Discussion followed concerning the wording of the ordinance, and what criteria will be used for approving these permits. Councilmember Awada indicated she wow," i ip tC -.0ability to appeal denials to the Council. In regard to Item K, Vacate Public Easement, Proposed Promenade Development, Councilmember Wachter asked whether this new pond 11.ave the same capacity, and Director of Public Works Colbert indicated that it will. :. In regard to Item S, Legislative ADDroval of Five Additional On -Sale Licenses. Hunter moved, Wachter seconded a motion to move this Item to Old Business. Aye: 5 Nay:: 4.; A. Personngl Items Item 1. It was recommended to approve: -the hiring:':6f MaryJo Eilers as a part-time Clerical Tech III for the Police Department. Item 2. It was recommended to approve contractin*U viii i ie following pentons for the following positions: Chris Larson, Ryan Picek, Jason Schwamb and Scott Merkley as boot hockey officials; Sara Selikowitz and Kim Nowicki as naturalists; Jerry Korba for the basketball officials group; Bruce Berry and David Schomurg as basketball scorekeepers; Vince Mergens, Tim Campbell, Wayne Fox, Greg Neumann, Dan Smith and Dan McManus as broom ball officials; and John Glynn and Kim Hopkins as skating instructors. Item 3. It was recommended to accept the letter oireSiigriati 6:i'rom Nancy Ingerson, Eagan Police Dispatcher. Item 4. It was recommended to approvf.*ft:hiring of LcltBnzo Davis Jr. as an Administrative Intern. B. Resolution. Gambling Premises Permit Rertew6I:1 Eaaan Lions Club Cedarvale Lanes 3883 Beau d'Rue Drive. It was recommended to approve a 'rissW"`--,:mnewing the gambling premises permit as presented. (Counciimember Masin abstained on this vote1% .:-:-: C. Temporary Beer License West Publishing Em !oMs Club Men's Party_ It was recommended to approve a temporary beer license for the West Publishing Employees Club on February 17, 1996. D. Ordinances Adding City Code Se It was recommended to approve the permits. E. Retirement of Police Canine. It Department's canine, by declaring him an interested party. review and approval of special hunting to approve the retirement of Tex, the Police V and authorizing the department to give him to F. Prosect 701. South Hills Addition. ft was recommended to authorize the preparation of a feasibility report. G. P4ject 702, Woodoate 2nd Addition. It was recommended to authorize the preparation of a feasibility report. H. Project 703, Mallard Park 2nd Additiog.lies'grsj#ded to authorize the preparation of a feasibility report. I. Prosect 704, Wescott Road and Lexara^;ton Avenue Signabation It was recommended to authorize the preparation of a feasibility report. EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 3 J. Contract 95-04, Deerwood Townhomes. jt.Was recommended to approve Change Order #2 for Contract 96- 04 and authorize the Mayor and City Clerk -To. execute all related documents. K Vacate Public Pond Easement. Pryer} Proagapament. It was recommended to receive the nadj.Q. 9D petition to vacate a public pond easeme r We a formal public hearing to be held on March 4, 1996. L Authorization to Conduct Aerial n ft—y• it was recommended to aLffivfte contracting with the Minnesota Department of Natural Resources to perform an aerial survey of the City's deer population. M. Final Subdivision, Deerwood Townhomes 2nd Addition, ft was recommended to approve a final subdivision for the Deerwood Townhomes 2nd Addition. N. 90 -Day Extension of Comp!etion Dates Development Contract (Town Centre 100 Fourteenth Addition) - Big Wheel Ross!. It was recori4ffi�nded t$*-.. prove a 90 day extension for construction completion Op dates for the Big Wheel Rossi auto parts ii6re on LOA, Block 1, Town Centre 100 Fourteenth Addition. 0. Resolution, Fiscal Year 1996 CDBG mended to approve a resolution approving the application of the City of Eagan for Fiiilif* T'M..- Community Development Block Grant Funding. P. Change Orders, Municipal Center Expansion and Police Facility. It was recommended to approve change orders in the amount of $267.60 for the Police Department, and $2,548 for the Municipal Center expansion as presented. 0. Contract 96-09, Award Contra 96-09 to Thor Construction In the R. Authorize Cable Commission to Admin authorize the Burnsville/Eagan Cable Comn Meredith Cable to Continental Cablevision. It was recommended to award Contract hip proceedings. It was recommended to to administer the transfer of ownership from S. Authorize Preparation of Code Change Relating to Liquor Licenses and Request LWIslative Approval of Five Additional On -Sale Licenses. (This Item was moved to Old Business.) T. Final Subdivision. Bob Martin Addition. It was recommended to approve the final subdivision as presented. U. Authorization, Airport Relations Comroi iylodification of Corridor Tower Order. It was recommended to authorize the Airport Rations =1' a position consistent with previous policy regarding a proposed ificato the Order concerning corridor procedures. V. Contract 94-W. St, Charles Wood A�* An, 9.4�-iecornmended to acknowledge completion of Contract 94-W and authorize perpetual City malW— propriate contractual warranty provisions. Nay: 0 Hunter moved, Wachter seconded a motion to approve the consent agenda as presented. Aye: 5 U" AUTHORIZE PREPARATION OFA CAANGX.ftLA-T1NG TO LIQUOR LICENSES AND REQUEST LEGISLATIVE VAL OF F DmONAL ON -SALE LICENSES Administrator Hodges noted t*,:.-Aepresentative TltWoawlenly Introduced the bill prior to Council authorization due to the fact thatthe ... bills Is this week. Al Baker, of Al Baker's ...... EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 4 Restaurant, indicated he favors anything that improves the economic development of the city, but is concerned about oversaturation of the industry. He i$;itincemed that the city will end up with a lot of national chains and it makes it difficult for small independent 6i8€aibiishments to survive. Councilmember Hunter stated t i �ii3 't.gis3:pnore Iquor licenses, the code shouldn't be changed. The Council can decide later v�Fie1lieFdr-0' the hotel designation. Councilmember Wachter concurred. He doesn't favor g!04 -.all of the additional licenses to the Promenade. Councilmember Awada stated that If the city gets the fivo;.f4ditional licenses, this needs to be revisited. She feels the city should deregulate as much as possible. She1eels the hotel and valuation designations should be removed. Councilmember Hunter asked whether the licenses can be issued even if they don't fit the designation and City Attorney Sheldon responded that the city has control of the ordinance. Hunter moved, Awada seconded. --motion, to request special legislation to Increase the number of available on -sale liquor licenses by five 46d that .46insideration of removing designations in the code for valuation and hotel be continued until aftthe legislstive session. Aye: 5 Nay: 0 1886 ENGINEEk11N ii. RV - ESTEE SCHEDULE Counciimember Hunter questioned the '640ca146646rd processing fees, noting there is a large discrepancy between Bonestroo's fees and the others. Director of Public Works Colbert noted that the difference is that Bonestroo sets their fees and the others have a range that they work within. Councilmember Hunter asked how much of the charges are in those categories, and Director of Public Works Colbert indicated that it varies, depending on the type of work performed. Councilmember Awada suggested that the Finance Department audit not only the fees, but how long it take$ Qnjoph of these companies to complete a project. Councilmember Hunter noted that it is impossik�la.to... �L that aspect because projects are all so different. Councllmember Wachter stated he feels A*&&* ji *i:b6ffl1:il a effort to do the audit. Steve Gatlin, of MSA, Inc. reviewed a typical product and how it i ' 0%f9ed. Couriamember Awada stressed the importance of doing an audit. Councilmember Masin stated that:f N6. ttamntee.should be addressed as well. The consensus of the Council was to have the Finance Department do ah: moved, Awada seconded a motion to approve the requested adjustment for the 1996 Fee Schedule furring services provided by MSA, Inc. Aye: 5 Nay: 0 EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL, VANTAGE POINT Karen Capons, representing Vantage .Poin Development Director Reichert noted than..:itj#'.:tN conditions of preliminary plat may not adstirit�' should be resubmitted to keep the cit t.". sound Counciimember Hunter stated it Is obvioU'O,fhere will preservation guidelines and he feels it ViWd be a' before with other applications. Hunter rti *K.;.A Vantage Point preliminary subdivision. 4i;*:':'# t�ls urged Council approval of this extension. Community •eco m .dation of the City Attorney that because the giec4ss6es that may come up with the revisions, the plat ground. She reviewed the revisions as proposed. e major grading impacts and possible Issues with the tree i opriate to start the process over. They have done this *-W-w6d• a motion to deny the 90 -day extension for the 1886-2000 CAPITAL IMPROVEMENTS PROGRAM Councilmember Wachter asked about hi$ request for analysis of the square footage for existing Fire Administration property and the 40 acre MLIMIg:?i t....:;Impus to help the City Council determine how and what public facilities might be expanded o4thae.sft&:::� ttij�istrator Hedges ind r Hunter quest&�ed what the expenses that response should be completed in April or May. Councilmttiieenses are for the Novell Local Area Network and whether those expenses could come out otiiie cable franchise fees. Administrator Hedges Indicated the expenses could come out*4$ranchise fees, but4could look into it and get back to the Council. After some discussion, Wachter mov ::a>ap�tKcfe!i# motion to approve the 19%-2000 Capital EAGAN CITY COUNCIL MINUTES; FEBRUARY B, 1996 PAGE 5 Improvements Program as presented and' authorize expenditures consistent with the IW6 Capital program. Aye: 5 Nay: 0 ki REQUESTS FMINIM ASSOCIATION John Young, of the Small Businew�.* association, thanked the Council and staff for the Improvements In communications that have been Implemented. He noted the Small Business Association has been receiving faxed copies of the agendas for regular City Council meetings. They would like to expand that to include faxed copies of agendas for workshops, as well as draft copies of minutes. Counclimember Hunter Indicated he doesn't have a problem with faxing the agendas, but he doesn't agree with giving out draft minutes. The Council regularly corrects minutes and ttii4j.iare legal .Oocuments that are used In court, and he doesn't feel comfortable letting those out before the ft.ncg ev'*'*' s them. Mayor Egan stated he feels the agendas would be more important than the draft "utas ari�Vay. Councilmember Hunter added that if an Issue is Important enough, they should send a repriasantative-tathe meeting. Councilmember Wachter concurred. That Is the reason the agendas are published. :P0.=- ilmember, ;Hunter.noted that they won't be interested In most of the minutes. He suggested that if there`•i� an iso:. y:,a :!Molested in, they should come to City Hall and get a copy like everyone else does. After some d(scussion,' if was the consensus to send workshop minutes after they have been approved. Mr. Young indicated the Small Business Association would like the City Council to revisit the non- conforming use ordinance. After some discussion, Community t?@velopment Director Reichert stated she feels there is some misunderstanding about what this ordinance.00k4hd how it affects property. She feels it would be good to continue this and have some discussion 0 -ft *:.*:. tinter moved, Wachter seconded a motion to refer this request to the Planning Commission::tji:: ;::Nay: PRELIMINARY SUBDIVISION AND CONDIV. X L PEPERMITS, PERMITS, KOOL TYME, LLC (DAIRY QUEEN) Community Development Director Reichert gave`a::s --_:report, reviewing the conditional use permit request and related issues. Discussion followed concerning tc flow and the sign requests. Martin Colon, representing the property owner, reviewed the proposed staff amendments to the conditions, noting they can agree to the staff recommendations for revisions to conditions 4 and 5. Regarding the new condition 8 relating to access points, Mr. Colon indicated he needs the south access point to remain where it is. He indicated he would be wili1nI --' 4&sessj.t�te: ! for the north access depending upon what type of development goes in there. He ani#i jT 'like: a.3i y4��*4bility to request another one in the future if needed. Discussion followed concemitq he dist r�0' between the current southerly access point and the suggested alignment with Forest Ridge Trail,, Mayor Baan stated that if only one access Is going to be allowed, he feels it should be lined up with Fores#ridge Traif:;Councomember Wachter concurred. Mr. Colon indicated he concurs -7 ftatlaiii-Wiftndition 8a regarding internal circulation and access. Regarding the new condition 9 relating to drainage, he requested that the catch basin not be enlarged, but rather build an additional one Instead. He indicated he Is opposed to the requirement of an 18 foot drive thru lane. It will be an added cost that he doesn't feel will add benefit to the project. Regarding the pylon sign, they are requesting that the pylon sign be on Denm.4rk Avenue because that is the front of their development. He indicated that these issues were discuss0t i 6'Whly. by the Planning Commission and the Planning Commission recommended approval. ; ; (;3rtiCflmerriter :kkvada noted that the Planning Commission recommended this on a split vote. _. Tom Giguere of Dairy Queen, and *bted he is dtsappo*d that these issues are coming up this late in the process. Changing the access will requiress l?- MW. WAtkIng of the site plan. They asked Dairy Queen EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 19% PAGE 6 representatives about the requirement of an.18 foot drive thru, and they were unaware of any other of their 15,000 franchises that that has ever been it:g.zoblem. Councimember Awada noted that Councilmembers are not experts in plan " planning. Therefore, they Iasked staff to point out any potential problems. The Council makes the ultimate decision, but the Counpli haa•Askesl ;$t ;t0 play that role. Mayor Egan noted that this is infill development and it is near residents " '' it needs to be sensitive to the residential character of the surrounding area. He feels'tftisre ifticuti'3 fye''iiltly one access, and it should be opposite Fox Ridge Trail. He doesn't feel the 18 foot thru aisle Is necessary. He suggested the pylon sign be kept where it is. Councilmember Wachter roti. ..hat there will probably be five separate lots to the north. This would establish a pattern of having a separate sign for each business. He would like to have one sign for all five lots. Mr. Colon indicated he only foresees requesting one other sign for this property. Community Development Director Reichert clarified that Mr. Colon is requesting to change the location of the signs. He Is not requesting any additional signs. She reviewed the location requests. Mr. Colon Indicated he would be willing to lower the sign If that makes it mWacceptpw Councomember Masin stated she would rather have the sign on Duckwood Drive. Councilme er Awa&Asked why they don't want the sign on Duckwood, and Mr. Giguere indicated R is a franchise r:5ggirement t have the sign on the site. Considerable discussion followed concerning internal circulation ariit:access:pdnts. Dwight Jelle of Westwood Engineering, urged the Council not to be short sighted relative #o.:JEt es...Jw14g,.. He gave examples of what could go on the ti..•... remaining lots, noting that the uses could:ierat;fFitit$i�iount of traffic that could totally gridlock not only Denmark Avenue, but the Inside circulation as well. ' More 'discussion followed concerning the access and drive-thru issues. Counciimember Hunter asked whether the access issue will kill this project. Mr. Giguere Indicated they don't have a problem with keeping the sign where it is currently permitted for. Regarding the access issue, if that Is what the Council requires, they will work with that. Awada moved, Masin seconded a motion to apprcrf#e preliminary subdivision of Town Centre 70 Eighteenth Addition, consisting of one lot and tY+lk? ;iii�i is ta;Wthig Northwest Quarter of Section 15, subject to the following conditions: _ , 1. The developer shall comply with:35t oar-d..coMitions of plat approval Al, B1, 132, 63, 134, C1, C2, C4, D1, E1, and F1 as adopted by'Crraripr'i,pr%r:bruary 3, 1993. 2. The developer shall submit detailed plans and specifications for retaining wall construction prior to final plat approval. 3. The developer shall prepare an ingress/egress easement for the entrance across Oudot A for review and approval by the City Attorney prior to final plat approval. 4. The applicant/owner/develgpi3i iF jCxj iO4iik r enter into a cross easement for Ingress/ egress at the Duckwood Drjkoccess: 5. The developer shall dedical ten-fo —... de sidewalk trailway and snow storage easement and construct an eight foot conies ;S!b�+r6dk::lIo ft entire east edge of the proposed plat. 6. No filling or draining of the wetland associated with Pori! JP -66 is allowed. 7. The developer shall plat the property. The final plat shall indicate Oudot B as a platted lot. 8. The developer shall revise the iatripFiJder;#or only one additional access to Denmark Avenue opposite Forest Ridge Trail. 8A. The developer shall prepare and submit an oveWmaster site plan showing an internal circulator drive providing full and cro$ccess to this andfure developments within the proposed plat. EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 19% PAGE 7 9. The development shall install additional catch basin Inlet structures on the existing service drive entrance from Duckwood Drl4::"- Aye: 5 Nay: 0 Awada moved, Wachter seconded' aAMH16*064iionditional use permit to allow construction of a Class II restaurant (Dairy Queen) on--1:At 1, Block 1, Town Centre 70 Eighteenth Addition, subject to the following conditions: 1. Building materials shall consist of brick walls of a color consistent with other buildings in Town Centre and a bronze colored standing seam metal roof. 2. Landscaping proposed in the::d abutting Denmark Avenue shall not encroach in the eastern five feet of the trail and sidewalk .dement.:: --e 3. Any rooftop mechanical equipiaent sha8 ;fie screened from view. 4. The trash enclosure and extent; �r kitwld'be constructed of materials consistent with the primary building. The site pial' 46d"biJii'dho'bWAtions should be revised to accurately reflect the size and materials of these areas. Aye: 5 Nay: 0 Awada moved, Wachter seconded a motion through window on a Gass II restaurant on Lot 1, Big.( with the site pian submitted and received ;:gmAi�!titdary. Awada moved, Hunter seconded a:Wtlx on Outlot A of Town Centre 70 Eighteenth Adiditib are allowed on the existing sign. Aye: 5 Nay: 0 ve a conditional use permit to allow a drive- 'r'Centre 70 Eighteenth Addition in accordance Aye: 4 Nay: 1 (Masin opposed.) the conditional use permit to allow the pylon sign staff to prepare findings of fact, and that two uses PRELIMINARY PLANNED DEVELOPMENT AND PREUMINARY SUBDIVISION RAHN RIDGE 2ND ADDITION - RANDALL HEDLUND Community Development Director Reichert gave a staff report. Randy Hedlund, the applicant, urged Council approval. Wachter moved, Awada sec; i e4i a motion4ctapprove the preliminary planned development consisting of two buildings on 3.84 acreg i : putlot F, Rahn Ridge Addition, subject to the following conditions: 1. The applicant shall executie: prelir.ftry planned development agreement. The planned development shall expire firig:j ar&.#*W ft -da t.q. of Council approval. 2. The City approves the preliminary site, grading aiid utility pians dated January 5, 1996 and the elevation drawings dated December 19, 1995. 3. The preliminary site plan provides for an 11,808 square foot office building on Lot 1, Block 1, Rahn Ridge 2nd Addition, and a 20,25¢•yjtoffice/dinic building on Lot 2, Block 1, Rahn Ridge 2nd Addition'. 4. The preliminary landscape p18fi shall be revise'#o incorporate plant materials with a minimum diameter of 2 1'/2 inches. EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 19% PAGE 8 S. A final planned development agreement for each phase shall be executed prior to final subdivision and final planned developmenCe *. proval. The following exhibits are necessary for this agreement: final site plan, building elev�iig.6 plan, sign plan, landscape plan and lighting plan. Upon submission of these final plans, provided they are in conformance with the preliminary planned development, the final plannIii#rAy:;iRceed to the City Council for approval. 6. All trash/recycling containers .*hall be stored within the building or in an enclosure attached to the principal building and constrti4w' with a brick exterior to match the principal building. 7. All rooftop mechanical equipment shall be screened from view S. All signage shall comply with the city code standards. 9. All building, parking/drive ais1R;- bnd lantwaped areas shall be properly maintained. 10. All landscaped and green ar�i;r:shall tw4prved by an underground Irrigation system. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to approve the Rahn Ridge Preliminary Subdivision, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, C1, C2, C4, D1, E1, F1, 131 and H1 as adopted by Council qj�:F= bruary 3, 1993. 2. The developer shall plat the 3. The developer shall provide privte:r►grass/egress easement documents for review and approval by the City Attomey's Office prfo'r'to:#iii llAWX#vision approval. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AMENDMENT - MIDAS Community Development Director Reichert gave a staff report and reviewed the major issues. She noted that the Planning Commission had conger that this. would be a tight fit on this site. She reviewed the Indy Lube proposal and variances that wgt ;filed :lith y!W, She noted that the Midas proposal is twice as large and will require some additional. It lances:: .:14!4' a.. would like to have the service drive right up against the fence on 35E and are requesting to f8Mscape bel MnDOT's property. The concern there was with snow removal and snow storage. She noted >Ft it is a SII lot and is difficult to develop. They have agreed to modify their standard type building so it;i.. Wcla6,s.jl W9)utrqmn0ing area. Councilmember Masin indicated she is not comfortable having to make modiiti Joe Stranik, President and part owner of nine Midas stores in the metro area, reviewed their operations and proposal. They feel the size of the lot is perfect and the site has a high traffic count and great visibility. Because of the difficult access, it would preclude any impulse purchase -type retail operation. Midas is a low Impact user because their car counts are abogr:20i V mrs per day. Therefore, traffic flow would not be an Issue. The use is compatible with the neig!>#itlfiff tii:ilsfts. He noted that they are willing to change their standard colors to match the surrounding.$tiSiiiesses. He dV* 01*tands the Council's concerns about variances; however, he feels the setbacks are sorT40iat extreme, esp lly for along a freeway. Regarding the safety concern, there is a natural berm that prow protection from vehicles on the highway. On the Pilot Knob Road side, they are willing to build a retainin:?Mv 11 and. Ryi; in, latxtsiiiping. They are working with MnDOT on the EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 9 landscape issue; however, there will be a time issue If the Council requires that that Issue be resolved prior to approval. Discussion followed concemintf#w landscaping plan. Community Development Director Reichert noted that when the Duckwood overpass: :Ouilt, access will be restricted to the property to the north. Also, modification to the off -ramp may change access in that area, and may eliminate the landscaping when It becomes more mature. Paul McEathron, of Phillips 66, IrKlk ted they have been trying to sell this property for a long time and he feels this is the best type of business ict,this property. He noted they would be willing to put more trees along Pilot Knob Road and between the two properties. Director of Public Works Colbert noted that with the future Central Area Transportation Plan, Pilot Knob Road will have to be widened north of Duckwood Drive to accommodate a third southbound lane and right tum lane at Duckwood Drive. He Is unsure bW far additional right -of way acquisition will take place along Pilot Knob Road. If it involves this parcel, it vis ci be eftiteching on an already reduced landscape setback and may even eliminate ft. Mr. Stranik noted ittat the pafg would be 53 feet from Pilot Knob Road, and there is room for the tum (ane and a trailway easftent as VWDirector of Public Works Colbert misunderstood that the landscaping was going to be within t( 4'.1.0.fogt fA@Iway easement. He reviewed the plans for the Central Area Transportation Plan for the area, whiChi:i itifd: l� #e r lruction of Duckwood Drive and construction of medians that would eliminate left turns tiitt)'or*o0t'of'tI%*6 to :*;0ne option would be to relocate the driveway access to the Phillip's station and have access at a signalized Intersection to the west. That would change the access as ft presently exists. Mr. Stranik indicated he was not aware of this, and is concerned about cutting off access during the construction phase. Director of Public Works Colbert indicated they always try to maintain full access during construction. Mr. Stranik stated he doesn't think there would be a problem with the modified access; however, ft would require an easement over the.Pb fE"„ ft property. Director of Public Works Colbert Indicated that there should be an understanding be,:tsilklas;'fhillip's and the city to allow flexibility for this to happen. Counciimember Hunter indicated a. aT.C�q ;with'regquiring the applicant to sign a waiver. He feels that when the city requires someone to sign a waivo ;:kis 6tlld:.be.for something specific. He doesn't feel ft is fair to expect an applicant to sign a waiver for something tl uttry.#ta I p t even designed yet. This improvement may not happen for 20-30 years, or ft may never happen. CouncifrtieMber Awada stated she feels the improvement Is specific. It is for the upgrade of Pilot Knob Road, N and when ft occurs. Counc(Imember Wachter stated he feels ft is important for the applicant to know that this is planned, and he thinks that is as far as ft should go. Councilmember Hunter stated he feel there are too many variances here for him to support this. He has a problem with the fact that the landscaping may be removed with the upgrade of Pilot Knob Road. Other business owners had to do significant land5c� and �hi$.i;i,.. very visible location in Eagan. He would like to see Midas Muffler come to Eagan, but;i'#:eel t:l appropriate site. Councilmember Wachter acknowfWged thdilhls is a difficult site to develop, but he is concerned about the number of variances. He concurred:.: fi Couri thhember Hunter on the landscaping issue. The impact of the 35E ramp Is detrimental at this stagec...QQ l�er.Masln feels there are too many variances as well. Mayor Egan noted that they have been viCtgjc ikii:Promenade project and the entire central area, and this ramp would be where all of the traffic from thes kfi will be exiting off of 35E. It would be detrimental to have inadequate landscaping in this area. Mr. Stranik indicated they would be willing to landscape at 20 feet, but the trail easement precludes that. It Is uncertain whether a trail will go in there, but they would be willing to landscape In that area If the Council wishes. Councilmember Awada noted that the City of Eagan has high standards for development and having variaq... . igk flry.side is just not acceptable. Councilmember Masin encouraged him to find another lot. Hunter moved, Masin seconded' otion to deny a''iaadiminary Planned Development Amendment to allow a Midas automobile service cent-:?pn Outlot A, Geor:W. Giles Addition, and direct staff to prepare findings. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 10 CONDITION/ USE PERMIT, DIFFLEY SOUARE Community Development Directo4ahert gave a staff report. Maggie Unville, the applicant, Indicated they are repositioning the shopping oenter#wn a-xtopft tiptio more of a service oriented center. After some discussion, Hunter moved, Wachter. 40: j -QW. "10*pprove the conditional use permit to allow ,'iM a pylon sign on Lot 6, Block 1, Blackhawk'P!6"bli"*&'i*Nlowing conditions: 1. A one time sign fee of $2.50/i "are foot must be paid upon application for the sign permit. 2. The conditional use permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 3. The existing sign must be cm etely renwed PW to the construction of the new pylon sign. 4. The entire pylon and sign shO'."' :..reet thg.-'�. F setback from all property lines. Aye: 5 Nay: 0 INTOS►EftN��iITAL AFFAIRS ............... .. . Administrator Hedges reminded the Council of the Dakota County League of Governments meeting. Mayor Egan reported on upcoming meetings of Metro East Development Partnership and Dakota County Economic Development Partnership. Counclimember Masin reported on a bill presented by the Suburban Transit Association that would allow municipalities to Igy amount. Discussion followed. Fort Snelling State Park Managem"...,Pw..;...Aoministrator Hedges gave a staff report. No further direction was given. Discussion followed, Set Date for Council Workshop/Communications 0%jects. Wachter moved, Hunter seconded a motion to schedule a Council workshop for February 22 at 5:30 p.m. Aye: 5 Nay: 0 Administrator Hedges Indicated hqt:rft*.* *-.:a call1r.M96meone at Kraus Anderson who Is doing some with and complimented the way the city was work In the community, who Indicated tl* rr lsgrxirlc planned and developed. Councilmember Wachter called iftntion taipoldents to dig out the snow from around fire hydrants for safety reasons. He requested that a his. He also Indicated he spoke to the zone manager of EZ Stop and was told that ..cha nges In their tobacco sales procedures to keep them out of the hands of minors. Mayor Egan noted that there was discussion at the retreat regarding the role of the Mayor and reiterated a call he received from an attorney reprpson.ft Rottlund Homes who stated he feels the role of the a proposal approved sa ead with Mayor Is to sit down with developers and..W. 'A-':fty.-. He di gr h that assertion and conveyed that opinion to Councilmember Masin suggesteq.t.he city write a letteir" ;')'p*posing the bill preempting cities from passing ordinances stronger than minimum sta2w;:'it'ids that apply to *..pale of tobacco. Mayor Egan stated he feels the City's position has already been delegation, EAGAN CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 11 Counciimember Hunter stated he liked the podium in the old Council Chambers that adjusted by height. He also liked the ability to have the prese*?:make their presentation right from the podium. Counciimember Wachter concurred. After some discussior f''011:ection was given to check into the cost of getting the old podium put into the Council Chambers. Wachter moved, Egan seconded .fno lon to approve the checklist dated February 2, 1996 In the amount of $10,361,358.37 as presented. Aye: - 5 Nay: 0 RNM" The meeting adjourned at 10:10 p if. to an executive session. DLR Date City Cleric fi you need these minutes in an altemative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan Is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to racp,:Z06. ;: reed, religion, national origin, sex, disability, age, marital status or status with regard to publlc.:gr'taf: EAGI-. 'CITV COUNCIL-)kN]D ADVISORY PARKS, RECREAIF ON AND NATURAU4ESOURCES COMMISSION :JANUARY 16, 1990;:.:.; A special City Council meeting was held iuary 16, 1996 at 5:00 pm with the Advisory Parks, Recreation and Natural Resources Commission. Councilmembers present included Mayor Egan, Councilmembers Hunter, Wachter, Masin and Awada. APRNRC members present included Lee Markell, Stephen Thompson, John Rudolph, Ken Tyler, Michael Vincent, George Kubik, Jonathan Widem and David Szott. Staff present included City Administrator Tom Hedges, Parks and Recreation Director Vraa, Community Development Director Rftrf::iiaiat2::Qir VanOverbeke and Police Chief Geagan. UPDATE ON DISCUSSION.. WITH P.A RT TRANSIT RE: 200 ACRE PARCEL AT LEXtf40TON AW:YANKEE DOODLE After introduction of this item by Ivl�goi' Egan, tidifilrtistrator Hedges explained that a series of meetings have been ongoing with Eagan staff and representatives of DART Transit in an effort to determine the feasibility of the City acquiring all, or a portion of, the 200 acres at Lexington and Yankee Dood Road. Administrator Hedges continued that the Council will be requested to consider expending funds to hire EGS to further study options for a golf course within the City. It was felt that more analysis is needed before the issue of a golf course can be acted upon. In a meeting with Dart Transit earlier -3o' 6y,:j ::Wn..npted that they had provided some potential development options for the 200 acres site, Hedges co, Kt1ht4 ;:':'One scenario showed the possibility of incorporating a nine -hole golf course on the Dart::property and:asi4ther none -hole course on the Carriage Hills property south of Yankee Doodle. Dart hail::e.xpFesse l:tf}efr:desire to maintain part of the property for possible residential surrounding the course.al;:iefai#ir'tFie southwest corner. Dart opined that the residential and retail use on their site wouksS:!Wrk'; ' it more palatable for them to consider sale of a portion of the site for a golf course. Hedges reiterated that the Council is being requested to consider more analysis by EGS so that multiple options can be reviewed before proceeding with any decision. Director Reichert reviewed a memo sent to the Council with three suggestions to proceed. The first was to have the EGS analysis identify what.-scenarios.:could. be .wpyked out for public use on the Dart property as well as how or if the Carriage):si3J:5:off:c'aut56:auld;iie incorporated in the City's overall plan for public space. The legal ramifications for mai'ntaini,C ngar`r'iage*Hills golf course as a public facility need to be reviewed by legal staff. Another consideration -0:#row ant:of these decisions will impact the land use issue for the Unisys property. The property has been:�itrchasec.Ni`d concept plans have been received; X.they are the same plans submitted by Joe Miller two rears ago,: chert added. If the City is still interested in looking at potential acquisition of a portion of the Unisys site:i& public use, Joe Miller has indicated they are not particularly interested. Dart's position, Reichert continued, was that they may make land available for purchase of a golf course but the land would be sold at single family land rates (Dart suggested $2/sq.ft.) and they would like consideration given for single family inclusion for development of the site. Reichert concluded by stating that the analysis and legal. opinion are critical in helping to determine what offer can be made for any of these properties. Administrator Hedges noted that 4.;ba4:.Vceiv:44:.a.-GAkI:f{Am John Haro, Superintendent of ISD 196 expressing concerns for the impact that sin I.e::..'" i}ji:OL5Wp"i*on the Dart property and/or Carriage Hills golf course would have on the schools. In the school's projections they had identified the Dart property as industrial and Carriage Hills as a golf course, not i*iCipating the potential for adding more students to the district in these areas. If the zoning is changed:ii%:jhese two areas, Hedges continued, the impact on boundaries and capacities of schools could be significant. Eagan City Council Workshop January 16, 1996 Page 2 Mayor Egan asked if re -zoning becomes: :ty e.sgtiS t ye, issue is there a way to move quicker on the Dart property and Carriage Hills property. r`iatiii i:t}"6rWachter stated he did not want to proceed with acquisition of any of these properties without a referendum that would reflect the prices these property owners are asking. When asked what the price would be for the entire Dart property, Administrator Hedges responded that Dart would sell the entire 200 acres outright for $17 million. Commission Member Markell asked:iiaFtat #ie:;pii:€i'r.;ilie:.property would be if it was condemned. Administrator Hedges stated that Dart had ii•eviou5l}t;state"d"f1N*I:: y were acquiring the property for corporate growth and the market value, for tax purpb:01, is $2.::M`illion. The cost for condemnation would not be that high, Hedges added. It was also noted that if ;a.golf course were split, Dart would sell the golf course portion north of Yankee Doodle for.-;Fpj r10ximatfs:$20,000/acre. Mayor Egan stated that Dart had talked about using this site as a cgr;Rgr4* fieai Q 0f% :- Director Reichert explained that Dart is looking at making a profit and then re-invettiiFg %iii anotlief:pcoperty for its future growth. Councilmember Awada suggested condemning the property and swapping another parcel for it. Mayor Egan stated that the analysis done by EGS can perhaps come up with financing options. Administrator Hedges stated that he, Director VanOverbeke and Director Reichert will work on those issues. Councilmember Wachter expressed.his concern for the potential of residential so near industrial/commercial use of trucking firm:;;;ciiciiRiStrator Hedges noted that other inquiries in the past have resulted in the City Council expressing flre'ir::jneftnee, that no residential development occur north of Yankee Doodle Road. Councilmember Wachter..ppined-1N5::process is moving too fast. Administrator Hedges suggested that once the study is done, tliiy:Council and:.Staf can deal with comprehensive plans for these developments. Commission member Widem opinec...I-M''a'municipal golf course is a very critical issue for the City in that it is a large component missing in Eagan. He felt that obtaining a golf course and building one from scratch is a no -lose situation in that the dollars spent up front will be recovered through it's use and would also become a great connection to the north part of the city. Widem did not feel that the acquisition of Carriage Hills was a good option, however. Councilmember Wachter asked hQsu;siFiece�sfriiiurisip'igolf courses are. Director Vraa responded that there are approximately 25 iri'tlie metro'are4;'''so'mmore successful than others, but the majority are doing quite well. Perhaps the analysis from EGS wil#::more clearly define that information, Vraa concluded. Councilmember Awada stated that tli� idea of:*:golf course split by Yankee Doodle Road sounds appealing if it can be tied together with a walkRig bridsome other transportation method. PRESENTATION BY APRNRC FOR POTENTIAL PARK REFERENDUM APRNRC Chair Markell explained that the Commission has been proceeding with their review of a potential Parks Bond Referendum as directed by the City Counci,*:.*: He noted that the Commission has been looking at a referendum ranging from $2-7 million for parks anf:jSpen space land acquisition. The Commission is looking for direction from the;Gout? il;.as.t4.• w -.they would like the Commission to proceed with this issue. The Commission has indicati#:;aj:;iesiti:►? the Trust for Public Land to contact land owners in an attempt to obtain option of property the City fi interested in acquiring. Commission Member Vincent added that the CommissiOW.rnade a list of properties that will provide the most benefit and flexibility in the park system plan. There are no pre -conceived ideas by the Commission for what will be done with these properties. Member Vincent reviewed the five parcels of land which have been identified by the Commission for priority acquisition. Vincent concluded that the City needs to be pro -active in acquiring land rather than waiting until it is no longer available. Eagan City Council Workshop January 16, 1996 Page 3 Commission Member Markell explainer ::ig�fi.ac .;i.-:7ollar amount has been identified for a referendum, the Commission is interested in having a random survey performed to test the interest in a referendum by the community. Councilmember Hunter asked if there were some figures on the impact to homeowners for various referendum dollar amounts. Director Vraa responded that the impact on a home valued at $100,000 for a $2 million referendum would be approximately $11/year, $4 million would be approximately $25/year and $6 million waSla:,he:a}i f#s C}rtlate>tjf:�36/year. Member Vincent stated the Commission is IoAl*ing for i'.`.lort from the Council for an open space land acquisition referendum and is asking the Councjijo identify.the dollar amount they are comfortable with. Councilmember Hunter asked if the City was,:;- of oon:i pace. Member Vincent responded that the Commission isn't looking at necessarily::k..me g he#pen sj ace as that, but would like to keep the option of not defining specific potential dek1el'ti{�ment orY:eac�:;Ote. Depending upon the open space referendum amount, Markell added, the City could come back to the community in future years for development of those sites. Councilmember Hunter stated he would not support multiple small referendums and opined that it would be a mistake to do one for $2-3 million only to come back to the public for additional dollars in 2-3 years. Member Vincent reiterated that tht:l--i6ihmi�sion is looking for direction from the Council. The Commission is looking at a potential $5-6 and have identified several key properties they would like to obtain an option on. Councijmerhbdf:kit.tifer stated that if the timing for a referendum is to be this spring there needs to be a broadly def�&d use for each:.Dpen space that is proposed for acquisition. Vincent explained that it is the Coi�inissijcW:t�.:sts g- to procure options on the properties they would like to acquire, using the Trust for Public L�ttf;:;so-tfiat the referendum can identify specific parcels to be acquired. Mayor Egan stated his agre rpc ,-at-wi ith the concept but Director Reichert expressed her concern that the city will not be able to gef'a friendly option from all the property owners. Reichert felt that acquisition would most likely have to occur through condemnation. Director Vraa stated that the Trust for Public Land will negotiate with property owners on behalf of the city and acquire options if possible. Director Reichert stated that this would be a good strategy to try for acquisition. Commission Member Szott stated Hdt::66:: jtj(-?heei35j0--:i�iake it very clear to residents what the dollar amount of the referendum will be. DiiaCfdr'Vraa'c}ed'tftat the Commission had included in a potential bond $2.5 million for the acquisition of the;:Part TranAi::site for potential development of a golf course but had not incorporated any portion of the Ca¢bni peope as part of this referendum. Councilmember Awada stated that philosophically she 35.-;Rpposed to the purchase or development of a golf course using tax dollars. Administrator Hedges stated that the City can sell revenue bonds to acquire land for a potential golf course if it can be self sustaining. If there is too much debt load, Hedges continued, than it must go to a referendum. This issue can be clarified once the EGS study has been completed. Mayor Egan stated that whatever decision was made relative to a potential municipal golf course within the City, consideration of Carriage Hills must be:ii}Gorporated. Mayor Egan stated that it appears tQ:be.the:coMgVn us,Qf the Council that they concur with the Commission's recommendation for a bond':r{�'f�jik?fl?:;;Cc}zi'ts5ion Chair Markell clarified that they will focus on a $6 million referendum. Directdr17,Pi' %eai'i%6d*Aar*fFt re will be a random sample of the community on their opinion of a referendum. Councilmember•*W;ichter stated he was not opposed to open land acquisition, but wanted to make sure there was developrn M*:incorporated in the referendum. Councilmember Hunter agreed. Councilmember Awada stated'tliat her personal preference was not to include golf course land but to include land for a community center. In response to a question as to when the Commission should report back to the Council, Councilmember Wachter suggested a workshop again on February 20. Eagan City Council Workshop January 16, 1996 Page 4 COMMITTEE UPDATE ON FOURTH OF JULY CELEBRATION The workshop time had expired, therefore this issue was continued to the regular City Council meeting. ADJOUgf[NENT The workshop session was adjourned at 6:3 i {j m. cm Agenda Information Memo February 20, 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. &. PERSONNEL ITEMS Item 1. Seasonal Skilled Street Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of John LeMieux as a seasonal skilled street maintenance worker. Item 2. Seasonal Skating Instructor -- ACTION TO BE CONSIDERED: To approve the hiring of Krissann Herseth as a seasonal skating instructor. Item 3. Seasonal Tennis Director -- ACTION TO BE CONSIDERED: To approve the hiring of Melinda Cohee as the seasonal tennis director. FACTS: Although the tennis program itself does not begin until June of 1996, it will be necessary for the seasonal tennis director to attend United States Tennis Association meetings in the metro area, occasionally, prior to that date. J Agenda Information Memo February 20, 1996 Eagan City Council Meeting PROCLAMATION VOLUNTEERS OF AMERICA WEEK ACTION TO BE CONSIDERED: To proclaim March 3-10, 1996 to be Volunteers of America Week in the City of Eagan. ATTACHMENTS: Volunteers of America correspondence on pages 3 through �. Proclamation on page 6. Volunteers of America ti Minnesota January 26, 1996 The Honorable Thomas Egan Mayor of Eagan 3830 Pilot Knob Road Eagan, MIN 55122 Dear Mayor Egan: A Minisin, of Sen -ice Volunteers of America Minnesota 5905 Golden Valley Road. Suite 110 :Minneapolis. 'Minnesota 55-122--1-&) Tel 612 -5 -t6 -32-i2 Fax: 612-546-2--+ The Volunteers of America is excited to be celebrating 100 years of service. Volunteers of America Week, March 3 - 10, commemorates the founding of our organization on March 8, 1896. We are one of Minnesota's largest human service organizations, and annually more than 92% of every dollar we receive is spent directly on program services. Through the years, Volunteers of America has demonstrated it is a dynamic organization keeping pace with the ever changing world. We recognize the need for developing creative ways to solve problems and meet community needs for all members of our society. I hope you will recognize March 3 - 10, 1996 as Volunteers of America Week and ask that you join us in celebrating our 100th year of service. Your personal proclamation acknowledging our service to the people in your community will be appreciated. Your proclamation, along with other proclamations and letters will be duplicated and put into booklet form. A booklet commemorating our 100th birthday will be placed in the reception area of each of our programs and senior dining sites. Something wonderful is happening in Minnesota, because of you! Your interest and support makes a significant impact on the success of our organization. And, as you know our success is measured through the lives of those we touch. Respectfully yours, 17L 4e E.Hogie, Jr. Y President Enclosures Celebrating 100 Years of Service! 3 Volunteers of America Minnesota 1995 - 1996 PROGRAM SERVICES Children & Teenagers Bar -None Residential Treatment Center serves boys who are emotionally/behaviorally disturbed. 612-753-2500 Children's Emergency Shelter social services in a protective environment for children in crisis. 612-753-2319 Children's Shelter Annex long-term care with social and educational services for children. 612-753-2500 CornerStone Child Care Center for infants and preschool aged children. 612495-3345 Correction Foster Group Homes therapeutic homes for teenagers with a delinquent history. 612-546-3242 Emergency Shelter Foster Care Homes provide short-term care for children. 612-546-3242 Evaluation Shelter Unit determines appropriate treatment plans for troubled youth. 612-753-2500 Foster Homes for Children where traditional family care is provided for children. 612-546-3242 In -Home Respite Care for families of children who are autistic, autistic -like and/or disabled. 612-546-3242 Intensive Treatment Center for boys with severe behavioral problems in a secure setting. 612-753-2554 Out -of -Home Respite Care for families of children who are autistic, autistic -like and/or disabled. 612-546-3242 Settevig Center serves emotionally and/or behaviorally disturbed boys. 612-753-2500 Short -Term Aftercare prepares a child for a successful transition from treatment to home. 612-753-2500 Specialized Behavioral Program serves emotionallylbehaviorally disturbed boys and their families. 612-753-2500 Specialized Foster Homes for children who are physically and/or mentally challenged. 612-546-3242 Treatment Foster Homes provide a supportive, directive environment for children and youth. 612-546-3242 Adults CornerStone Supportive Transitional Housing for homeless/high risk families. 612-495-3344 In -Home Supportive Living Services and Respite Services for disabled adults. 612-495-3550 Ponderosa Board and Lodging services for adults. 612-495-3371 Princeton Supportive Living Services a home for mentally disabled adults. 612-389-9461 Regional Corrections Center a jail, workhouse and work -release program for women. 61218&2073 Residential Center a pre-release and work -release correctional program for men. 612-721-6327 Semi -Independent Living Services learning opportunities for individuals with special needs. 612-495-3550 Settevig Supportive Living Services a home for developmentally disabled adults in Mora. 612-679-2264 Stevencroft Apartment Supportive Living Services for developmentally disabled young adults. 612-644-2514 Stevencroft House Supportive Living Services for developmentally disabled young adults. 612-644-2514 Supported Independent Living Services for adults with special needs. 612495-3550 White House Supportive Living Services for developmentally disabled adults near Wahkon. 612-495-3407 Senior Citizens Home Delivered Meals noon meals delivered to homebound seniors. 612-546-3242 Mora Senior Supportive Living Services for mentally disabled elderly who have special needs. 612-679-0243 Senior Dining noon meals in a community setting, to anyone 60 years of age or older. 612-546-3242 FA VOLUNTEERS OF AMERICA ... was founded March 8, 1896 in New York City. On April 24, 1896 services began in Minneapolis. VOLUNTEERS OF AMERICA, a national Christian human service organization, has a 100 year history of serving people in need; regardless of their race, color or creed. It seeks to develop programs in areas where needs are not being met by existing services. VOLUNTEERS OF AMERICA staff is comprised of individuals who not only have administrative and/or professional social work expertise, but who also have a commitment to the Christian mission of the organization; the reaching and uplifting of all people. Last year, in addition to 300 staff', more than 2,100 persons volunteered their talents to help enrich program services in Minnesota. VOLUNTEERS OF AMERICA, a 501(c)(3) organization, is eligible to receive tax deductible donations. VOLUNTEERS OF AMERICA meets all regulatory standards, publishes an annual report, has a certified audit, and files with the Charities Division of the Minnesota Attorney General's Office. BOARD OF DIRECTORS Ronald L. Britz, Chairman James E. Hogie Jr, President Mary E. Adams Sharol L. Enger Walter W. Faster James W. Feil Mark. T. Flaten Gordon M. Haga Peter L. Hauser Barbara A. King Ross E. Kramer William W. McDonald W. Lyle Meyer John T. Richter William F. Rieckhoff Erling W. Rockney William E. Sandvig Clayton W. Strandlie Renee J. Tait Robert E. Van Valkenburg Dr. Harm A. Weber VOLUNTEERS OF AMERICA MINNESOTA DISTRICT OFFICE administrative, accounting, and development offices are located at 5905 Golden Valley Road, Minneapolis, MN 55422-4490 (612) 546 242 pROCLANKTION CITZ OF EAGAN VOLUNTEERS Or ANMCA WZZK March 3-10, 1996 WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its 100th year of service to the people of Minnesota and the nation; it is therefore certainly appropriate for us, the City of Eagan to join in the observance of this milestone with the commemoration of March 3-10, 1996 as Volunteers of America Week; and, NS MEAS, the Volunteers of America is making a valuable contribution by providing these services to adults and the elderly; 6 homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; congregate dining for seniors at 45 sites in Anoka and Hennepin Counties; transitional housing for women and their families in Aitkin, Chisago, Isanti, Kanabec, Mille Lacs, and Pine Counties; home delivered meals for persons 60 years of age and over; semi-independent living services and supported living services; 3 housing complexes for families, the handicapped, and the elderly; 3 assisted living communities; and 4 long-term health care facilities; and, NHEREAS, the Volunteers of America provides these services for children and youth; a children's daycare, programs serving autistic, autistic - like, and/or developmentally disabled youth; children's shelters; in-home services; 52 foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; short-term after care for youth with special needs; and, WHEREAS, the Volunteers of America provides 2 correctional services: a pre-release and work -release correctional program serving men and a jail, workhouse and work -release correctional program serving women; and, WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through financial contributions make a significant impact on the lives of people in Eagan; and, WEEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby proclaim the week of March 3-10, 1996, as . VOLUNTEERS OF AbMRICA WEEK IN ZAGAN AND, aE IT RESOLVED, that copies of this proclamation be transmitted to the Volunteers of America as evidence of our esteem. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of February, 1996. /61;:P E. J. Vanover a e, City Clerk Agenda information Memo February 20, 1996 Eagan City Council Meeting C. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROTECT, BETTING A PUBLIC HEARING ON ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE NOTE AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (YMCA OF GREATER ST PAUL PROTECT) ACTION TO BE CONSIDERED: Approve the resolution giving preliminary approval to issuance of a Commercial Development Revenue Note for YMCA of Greater St. Paul project, and setting a public hearing therefore. FACTS: 4 The City of Eagan is being asked by the YMCA of Greater St. Paul to provide conduit financing for the acquisition and construction of a swimming pool and other athletic facilities in Eagan and to finance a gymnasium and other athletic facilities in Woodbury. 4 The bond issue is expected to be $1,200,000 and will have no impact on Eagan's ability to issue bonds for its own use as necessary, although this issue does count against the $10 million threshold to sell bank qualified bonds. * The City will have no financial obligations regarding the bond issue. ♦ The City has engaged Steve Rosholt of Faegre & Benson as bond counsel at the expense of the YMCA to review all documents. + This is similar to the $2,310,000 financing completed during 1995 for the YMCA. ATTACHMENTS: Letter om Kathy C ng, Vice President/Finance for the YMCA of Greater St. Paul, pages through Letter from Mary Dryseth of Briggs and Morgan explaining the request, pages through _. Resolution, pages through �, VA Corporate Office 476 Robert St. North Saint Paul, MN 55101-2278 (612)292-4100 FAX (612) 292-8121 I R. (Jim) Jensen Chairman/CVO Thomas R. Brinsko Presidem/CEO January 30, 1996 Mr. Gene Van Overbeke City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Gene, As per our telephone conversation, I am writing on behalf of the YMCA of Greater Saint Paul to request that the city of Eagan be the issuer of one or a series of tax-exempt revenue note for the completion of construction of our Southwest Area YMCA in Eagan and/or Southeast Area YMCA in Woodbury. The Tax-exempt Commercial Development Revenue note might or might not be bank qualified in 1996. The amount of the note and the construction time table are as follow: - Description of Project Southwest Area YMCA at Eagan $ 736,000 Add finishing of Pool room; Family Changing Area; including Dressing Rooms A, B, and C; Upper Level Exercise Area: warm Up Area, and Running Track. Southeast Area YMCA at Woodbury $ 350,000* Main floor gymnasium, two racquetball courts and elevator for ADA accessibility. Second floors Cardiovascular/Multipurpose area and a running track. Construction completion Southwest Area YMCA Spring 1996 Southeast Area YMCA Fall 1996 The Southwest Area YMCA constructionis scheduled to be completed in May, 1996. The first construction draw will start probably in February. Norwest Bank will provide bridge loan if necessary. Ideally, we would like closing to be ready by the beginning of May. This would mean that we would probably come to the city for a preliminary resolution about the first meeting in March. The mission of the YMCA is to put Christian principles into practice by building self-esteem. mutual respect and a stronger community. YMCA programs guide youth. enrich families. enhance health and promote intercultural understanding. I would appreciate it on the availability at that a financing plan possible. Sincerely, 4:5e,1-7 Kathy Cheng Vice President/Finance very much if you would advise me your earliest convenience so can be determined as soon as *This is an estimated figure. A firm proposal will be available from the Construction Company in the next few days. c: Mary Dyrseth/Briggs and Morgan Michael olauson/Norwest Financial Services Tom Brinsko/YMCA of Greater Saint Paul Barb McGaughey/YMCA of Greater Saint Paul Tim Staley/YMCA of Greater Saint Paul J Shannon/YMCA of Greater Saint Paul 7 LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION WRITE" DIRECT asci, NUMBER (612) 223-6625 Mr. Gene Van Overbeke City Clerk -Treasurer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 2200 FIRST NATIONAL SANE SUILDINQ SAINT PAUL, MINNESOTA 88101 TELEPHONE 1912) MG - 6800 FACSIMILE 1618) 8236480 February 13, 1996 MrPMEAPOLIS OFFICE 2400 IDS CEN=12 NXIMZ&POUS, UDWESOTA 99402 TELEPHONE 19121 334.9400 FACSnULE 1912) 334.9690 Re: City of Eagan, Minnesota - $1,200,000 Commercial Development Revenue Note, Series 1996 (YMCA of Greater Saint Paul Project) Dear Gene: Enclosed is a copy of the resolution giving preliminary approval and setting a public hearing for the above -reference project. I understand that this resolution will be considered by the City Council on February 20. The public hearing will be scheduled for March 19, 1996, at which time the Council will consider a resolution giving final approval to the forms of the documents and the issuance of Note. As I mentioned in our telephone conversations, this is the same procedure we used last year in which the City of Eagan issued a tax exempt Note to finance facilities located in both the City of Eagan and the City of Woodbury. The City of Woodbury will be asked to give host approval to the issuance of the Note. Approximately $750,000 of the proceeds of the Note will finance facilities in the City of Eagan and $350,000 will finance facilities in the City of Woodbury. BRIGGS wxn MORGAN Mr. Gene Van Overbeke February 13, 1996 Page 2 If you have any questions or would like me to attend either of the meetings, please give me a call. Ve&seth ur Ma MMD:tmt Enclosure cc: Stephen Rosholt RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT, SETTING A PUBLIC HEARING ON THE ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE NOTE AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS (YMCA OF GREATER ST. PAUL PROJECT) WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act"), the City Council of the City of Eagan, Minnesota (the "City"), is authorized to issue a revenue bond or note for the purpose of financing real and personal property used or useful in connection with a revenue producing enterprise and whether or not operated for profit; and WHEREAS, in enacting the Act, the Legislature found that the welfare of the State of Minnesota requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of blight and areas of chronic unemployment and to prevent economic deterioration; and the welfare of the state requires the provision of necessary and desirable health and service facilities and services to the community; and WHEREAS, the YMCA of Greater St. Paul, a Minnesota nonprofit corporation (the "Company") has proposed that the City issue a commercial development revenue note in the aggregate principal amount not to exceed $1,200,000 (the "Note") to finance the acquisition and construction of a swimming pool and other athletic facilities for the Company's existing facility in the City and to finance a gymnasium and other athletic facilities for the Company's existing facilities in the City of Woodbury (collectively, the "Project"); and WHEREAS, the Company's proposal calls for the City to loan the proceeds realized upon the sale of the Note to the Company pursuant to a revenue agreement wherein the Company will be obligated to make payments at the times and in the amounts sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Note and all costs and expenses of the City incident to the issuance and sale of the Note; and WHEREAS, neither the full faith and credit of the City will be pledged to the Project or for the payment of the principal of, premium, if any, and interest on the Note. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota: 312502.1 1 ;L-.., 1. The undertaking of the Project and the issuance by the City of the Note pursuant to the Act, in the maximum principal amount not to exceed $1,200,000 to finance the costs thereof, all as referred to above, is hereby authorized and approved by the City, subject to the approval of the Project by the City of Woodbury, Minnesota, the Minnesota Department of Trade and Economic Development ("DTED"), and to the agreement of the City, the Company and Norwest Investment Services, Inc., in Minneapolis, Minnesota, the original purchaser of the Note, as to the terms and conditions on which the Note will be issued, sold and secured. 2. On the basis of information available to this City Council it appears, and the City Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises; that the Project furthers the purposes stated in Section 469.152 of the Act; that the availability of financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Company to undertake the Project. 3. In accordance with Subdivision 3 of Section 469.154 of the Act, the City Clerk is hereby authorized and directed to submit the proposal for the Project to DTED and to request its approval, and the other officers, employees and agents of the City are hereby authorized to provide DTED with such preliminary information as it may require. 4. A public hearing on the Project will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A. The City Clerk is hereby authorized and directed to cause the Notice of Hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing. S. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not the Project is approved by DTED will be paid by Company. 6. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of the necessary documents relating to the Project, to consult with the City, the Company, the original purchaser of the Note, and their respective attorneys, as to the maturities, interest rates and other terms and provisions of the Note and as to the covenants and other provisions of the revenue agreement and other necessary documents and to submit such documents to the Board for final approval. 3,2502., 3 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City or the City for this purpose. The Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City, except the revenues and proceeds pledged to the payment thereof, nor shall the City, be subject to any liability thereon. The holders of the Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Note or the interest thereon, or to enforce payment thereof against any property of, the City. The Note shall recite in substance that the Note, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. Adopted by the City Council of the City of Eagan, Minnesota, this 20th day of February, 1996. 312502.1 J CITY OF EAGAN, MINNESOTA NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS Notice is hereby given that the City Council of the City of Eagan, Minnesota (the "City") will meet at mel -gem=^1, in Eagan, Minnesota, on March 19, 1996, at p.m., to consider the proposal of the YMCA of Greater St. Paul, that the City assist in financing a project hereinafter described by the issuance of revenue bonds of the City. The Project consists of (1) the acquisition, construction and equipping of a pool, and athletic facilities and improvements to the existing YMCA facility located at 550 Opperman Drive in the City of Eagan; and (2) the acquisition, construction and equipping of a gymnasium, and athletic facilities and improvements to the existing YMCA facility located in the City of Eagan, Minnesota, at the southeast intersection of Valley Creek Road and Radio Drive. The maximum aggregate principal amount of the revenue bonds to be issued to finance the project is $1,200,000. The Project will be owned and operated by the YMCA of Greater St. Paul. The revenue bonds if and when issued will not constitute a charge, lien or encumbrance upon any property of the City of Eagan or the City of Woodbury, except the Project, and such obligations will not be a charge against the general credit or taxing powers of the City of Eagan or the City of Woodbury, but will be payable from sums to be paid by the YMCA of Greater St. Paul pursuant to a revenue agreement. A draft copy of the proposed application to the Minnesota Department of Trade and Economic Development for approval of the Project, together with all attachments and exhibits thereto, will be available for public inspection beginning March 12, 1996, during regular office hours, at the City Clerk -Treasurer's office in Eagan, Minnesota. At the time and place fixed for the Public Hearing, the City Council of the City of Eagan, Minnesota will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. BY ORDER OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA By /s/ E.J. VanOverbeke Clerk -Treasurer 312502.1 Agenda Information Memo February 20, 1996 Eagan City Council Meeting D. ADDENDUM #3 MUNICIPAL CENTER ARCHITECTURAL SERVICES THORBECK ARCHITECTS LTD. ACTION TO BE CONSIDERED: To approve Addendum #3 in the amount of $14,100 for additional architectural services as negotiated with Thorbeck Architects Ltd. FACTS: • Staff has reviewed claims for additional service fees and change order costs associated with architectural issues with Thorbeck Architects Ltd. It was determined that a settlement could be achieved which took into account the extra services required of the architect and the extra costs required of the City in the completion of the project. ATTACHMENTS: • Staff memorandum on pages t � through A. • vJ4� 14i city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: FEBRUARY 15, 1996 MEMO SUBJECT: ADDENDUM #3 TO CONTRACT FOR ARCHITECTURAL SERVICES - THORBECK ARCHITECTS LIMITED Attached you will find a copy of the proposed addendum for architectural services associated with the Municipal Center Project. In the course of the project, Thorbeck Architects submitted claims for a number of items which they considered to be outside of the scope of the original contract. Staff compiled these requests and, at the same time, compiled a list of additional costs to the City in the form of change orders which we believed to be the responsibility of the design team. A number of these items were specifically identified by Councilmember Wachter during Council reviews of the change orders themselves. The staff has analyzed the lists and reviewed them with the architect on several occasions over the last several months. The City Administrator and I have negotiated the matters at length. As an outcome of those negotiations, it appears that certain of the extra fees are legitimate and would be awarded to the architect if there were contract litigation. The Architect also acknowledged that certain of the City's claims were legitimate and accepted that they should properly offset the additional services. Staff and the architect have agreed to a settlement which would add $14,100 to the current contract, the Architect's original claims of $25,080 being offset by issues raised by the City. Because of his original request that the City maintain a list of claims in this regard and because of his experience in construction, staff will be reviewing these matters with Councilmember Wachter prior to Tuesday's meeting. Unless issues remain at that time, the addendum will be in order for approval at that time. Nothing in the addendum reduces the architect's responsibility under the original contract. If approved, staff would request authorization to retain a portion of this amount until final acceptance of the project to insure that the project is punched and complete before final payment. Xipi5nt to the City Administrator 1'1 February 7,1995 ADDENDUM No. 3 to Standard Form of Agreement Owner. City of Eagan Architect: Thorbeck Architects Ltd. between Owner and Architect dated August 23, 1994. Addendum No. 3 modifies the original agreement due to an increase in the Scope of the Project and for Additional Services work as outlined in the August 30, 1995, and February 2, 1996 memorandum by Jon Hohenstein, Assistant City Administrator, as follows: 11.2.1 The Not -to -Exceed amount shall be increased from $435,807 to $449,907.00. 112.2 Percentages for each phase shall be as follows: Program Phase 6% $25,884.00 Schematic Design Phase 12% $51,769.00 Design Development 19% $81,967.00 Construction Documents Phase (including bidding) 43% $189,905.00 Construction Phase S100.380.50 100% $449,907.00 12.3 The construction observation time allowances in Basic Services shall remain the same as previous: Architectural Structural Engineering Mechanical Engineering Electrical Engineering 36 site visits including Final 6 site visits including Final 5 site visits including Final 5 site visits including Final 12.6 The August 30, 1995 and February 2,1996 memorandum from Joh Hohenstein, Assistant City Administrator, are included as part of the contract. Owner: City of Eagan Mayor- Thomas Eagan City Clerk - E.J. VanOverbeke City Attorney - James Sheldon (approved as to form) Architect: Thorbeck Architects Ltd. Duane Thorbeck, President Assistant to City Administrator - Jon Hohenstein (approved as to content) Agenda Information Memo February 20, 1996 Eagan City Council Meeting E. GAMBLING PREMISES PERMIT RENEWALS KNIGHTS OF COLUMBUS #7604 FOR RICHARDS. 4185 SOUTH ROBERT TRAIL AND STARKS SALOON 3125 DODD ROAD ACTION TO BE CONSIDERED: To approve the renewal of the gambling premises permits for the Knights of Columbus #7604 to operate charitable gambling activities at Richards Restaurant and Starks Saloon at the addresses noted. FACTS: The Knights of Columbus #7604 has conducted pull tab operations at Richards Food & Liquor and Starks Saloon for a number of years for the purposes of supporting charitable causes in and around the community. The applications have been reviewed and are in order for Council consideration. ATTACHMENTS: • Resolutions on pages through Q L • Applications enclosed without page number. RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR KNIGHTS OF COLUMBUS #7604 ON RICHARD'S FOOD & LIQUOR PREMISES WHEREAS, the Knights of Columbus #7604 conducts a pull tab operation at Richard's Food & Liquor, 4185 South Robert Trail; and . WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, the Knights of Columbus #7604 held a gambling premise permit at the above location from May, 1988 to July, 1989 and since April 1992, with no reported problems; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby approves the Knights of Columbus #7604 premises permit renewal application on Richard's Food & Liquor premises. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of February, 1996. E. J. VanOverbeke, City Clerk a� RESOLUTION CITY OF EAGAN PREMISE PERMIT RENEWAL FOR KNIGHTS OF COLUMBUS #7604 ON STARWS SALOON PREMISES WHEREAS, the Knights of Columbus #7604 conducts a pull tab operation at Stark's Saloon, 3125 Dodd Road; and WHEREAS, the Eagan Police Department has reviewed the renewal application and has not identified any reason to deny; and WHEREAS, the Knights of Columbus #7604 held a gambling premise permit at the above location since July, 1994, with no reported problems; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby approves the Knights of Columbus #7604 premises permit renewal application at Stark's Saloon, 3125 Dodd Road. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of February, 1996. E. J. VanOverbeke, City Clerk a / Agenda Information Memo February 20, 1996 Eagan City Council Meeting F. MASSAGE THERAPIST LICENSE KATHLEEN NAVARRE-LARSON LIFETIME FITNESS ACTION TO BE CONSIDERED: To approve a massage therapist license for Kathleen Navarre -Larson to perform therapeutic massage at Lifetime Fitness, a licensed facility. FACTS: Lifetime Fitness is a licensed establishment performing therapeutic massage within the City of Eagan. The City is in receipt of an application from Kathleen Ann Navarre -Larson for a license to perform therapeutic massage at this location. The application is in order and no reasons have been identified to deny the application at this time. ATTACHMENTS: - Application form enclosed without page number. Agenda Information Memo February 20, 1996 Eagan City Council Meeting G. PET SHOP LICENSE RENEWALS FOR WET WORLD, 3390 COACHMAN RD: WALMART 1360 TOWN CENTRE DRIVE: & HEARTLAND PETS, 1960 CLIFF LAKE ROAD ACTION TO BE CONSIDERED: To approve the renewal of pet shop licenses for Wet World, Walmart and Heartland Pets as presented. FACTS: • Staff is in receipt of applications from the above -referenced businesses. The applications have been reviewed and are in order for consideration by the Council. It should be noted that the license for Walmart is for fish only. ATTACHMENTS: ��yy • Pet shop license checklists enclosed on pages throughgl� . a3 L1 uy V1 i'.49d11 3830 Pilot knob Road Eagan. MN 55122-1897 c PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamstzrs, parrots, fish or other small animals. Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Floor is constructed of non-absorbent/non-adsorbent material. Floors are .clean, sanitary and in good repair. Walls and ceilings are clean, sanitary and in good repair. Animal housing is of metal, glass, durable plastic or other durable material. Animal housing is clean, sanitary and in good repair. Animal housing is sized sufficiently for humane confinement. / Rooms containing animals .are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning and inspections. Rooms mechanically ventilated for air exchange. Room temperatures do not endanger animals' health. Odors and organisms do not enter adjacent businesses. .a� Replacement air preheated so as not endanger health of animals. Utensils used in food preparation and feeding are clean, sanitary and in good repair. ,All animals are kept within the enclosed building. All animals subject to distemper -and infectitious hepatitis have proof of innoculation prior to delivery to pet .shop by licensed Minnesota veternarian. Monkeys must have proof of annual tuberculin test. There is a separate room for storing janitorial supplies and equipment. Janitor's room has sink with hot and cold running water. - A A 4 al?e/ InspectedbY-� _ Date: �-o( 6.90 M 6Aty 01 Zdyali 3630 Pilot Knob Road Eagan, MN 55122-1897 1 PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamsters, parrots, fish or other small animals. Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Floor is constructed of non-absorbent/non-adsorbent material. Floors are clean, 'sanitary and in good repair. -,K balls and ceilings are clean, sanitary and in good repair. ,:'Animal housing is of metal, glass, durable plastic or other durable material. Animal housing is clean, sanitary and in good repair. Animal housing is .sized sufficiently for humane confinement. ` Rooms containing animals are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning Iandi / inspections. �/ Rooms mechanically ventilated for air exchange. Room temperatures do not endanger animals' health. L, Odors .and organisms do not enter adjacent businesses. Replacement air preheated so as not endanger health of animals. Utensils used in food preparation and feeding are clean, sanitary and in good repair., All animals are kept within the enclosed building. 44 // _ All animals subject to distemper and infectitious hepatitis have proof of innoculation prior to delivery to pet shop by licensed Minnesota veternarian. Monkeys must have proof of fp annual tuberculin test. AA. There is a separate room for storing janitorial supplies and equipment., Janitor's room has sink with hot and cold running water. n Inspected" �/, , �' i�' • Date: ,;z - ,� 6.90 as City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamsters, parrots, fish or other small animals. Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Floor is constructed of non-absorbent/non-adsorbent material. 'X Floors are clean, sanitary and in good repair. Walls and ceilings are clean, sanitary and in good repair. �C Animal housing is of metal, glass, durable plastic or other durable material. Animal housing is clean, sanitary and in good repair. Animal housing is sized sufficiently for humane confinement. Rooms containing animals are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning and inspections. Rooms mechanically ventilated for air exchange. Room temperatures do not endanger animals' health. Odors and organisms do not enter adjacent businesses. _ Replacement air preheated so as not endanger health of animals. Utensils used in food preparation and feeding are clean, sanitary and in good repair. All animals are kept within the enclosed building. All animals subject to distemper and infectitious hepatitis have proof of innoculation prior to delivery to pet shop by licensed Minnesota veternarian. Monkeys must have proof of annual tuberculin test. x There is a separate room for storing janitorial supplies and equipment. Janitor's room has sink with hot and cold running water. Z4 J�l Inspected by: — e,�,� Date: -p7 6.90 Agenda Information Memo February 20, 1996 Eagan City Council Meeting H. TOBACCO SALES & SERVICE STATION PERMIT TWIN CITIES STORES INCJOASIS MARKET, 3390 COACHMAN ROAD ACTION TO BE CONSIDERED: To approve tobacco sales and service station permits for Twin Cities Stores Inc. for the Oasis Market location at 3390 Coachman Road. FACTS: • An application has been received of Twin Cities Stores to operate an Oasis Market at the former location of Brooks Superette at 3390 Coachman Road at the intersection of Yankee Doodle Road. While the services are identical to previously permitted activities, City Code requires that new owners apply for separate permits and be subject to all applicable reviews and regulations. These applications are in order for consideration by the Council. ATTACHMENTS: • Permit applications on pages o through. a 1 UO.00 per license CITY OF EAGAN _New 5830 Pilot Knob Road Renewal Eagan, Mtn 55122-1897 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Plisse Print AFIVURM Twin Citi Stores, Jnc. Birthday IFlssiderm Address street City atate zip BLN*10 Address- 2020 Silver Bell Road. #23 Eagan. INN 55122 street city nate zip Hone Phone Bushoss name In Eagan wheretobacco is to be sold -- 0as" marke t Bu+dnsesaddress InEagan where tobacco Istobesold. 3390 Coad„ Road street ,CCQQPR DUCTS m BE SOLD: (Check all that apply) x Cigarettes, cigars and other smoking tobacco x_ Snuff, plug and other dewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices X Cigarette papers and wrappers (Check all that apply) x_ Individual pack or can X Two or more packs or cans packaged together X Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply) Self-service merchandise X Over-the-counter Vending machine Number of vending machines within business Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FD(ED PLACE OF BUSINESS AND FOR EACH VENDING MACHINE. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE. 1 (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNO DGE AND BELI F. DATE AUTHORIZED SIGNATURE j FOR OFFICE USE ONLY City Coun-4 Approval Date: Date Issued: QTY OF EAOAN SERVICE STATION PERMIT $100.00 per kmobn Lleense Term: ju y 1,119! •.Ione !0, 1996 $590 Piot knob Road EagM NLN 55121 1611)661-4600 FAX: b81-4611 -Twin n i y`ti ca Strps.?nn - Eby submits application for a Service Station Permit. Name of Applicant Twin Cities Stores, Inc. Street Address 2020 S11y r Ball Road, #23 City, State ZipFngan- WN S'1172 Telephone Number (612) 688_9001 Location of station if different from above address: MAKE CHECK OUT TO: QTY OF EAGAN IN THE AM OUNT OF, 1 nn _ nn PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. Agenda Information Memo February 20, 1995 Eagan City Council Meeting 1 -, —EXTENSION OF PRELIMINARY SUBDIVISION - WHISPERING WOODS ELEVENTH ADDITION ACTION TO BE CONSIDERED: To approve or deny a request for a one year extension of the preliminary subdivision for Whispering Woods Eleventh Addition. FACTS: Whispering Woods Eleventh Addition preliminary subdivision was approved at the April 1830 1995 City Council meeting. BACKGROUND/ATTACHMENTS: (2) Letter from Scott Hilla - page . Plat Map - page. 435 6556 PED -07-96 WED 10:00 BURNSVILLE LUMBER CO. 433 6536 P.02 lww"Ellc damp4m edL, 14405 Judiolat Road Burnsville, Minnesota $6337 (612) 435.7767 9 (612) 435.7556 February 7, 1996 CITY OF EAGAN Municipal Center 3830 Pilot Knob Road Eagan, MN. 55122 Attn: Ms. Shannon Tyree RE: WHISPERING WOODS ELEVENTH ADDITION Dear Shannon: We are respectfully requesting a one (1) year's extension of WHISPERING WOODS ELEVENTH ADDITION preliminary plat. If you have any questions, please feel free to call me at 435-7787. Thank you for your assistance in this matter. Sincerely, jcwvu-,�v JA Scott G. Hilla BURNSVILLE LUMBER COMPANY, INC. SGH/bja "WHEN 17'S LUMBER CALL OUR NUMBER" 31 — Nv�v3 ttvwr•ont, Au 'OOv H11 SOOOM stv v1013t4r vtw a on H11 •� ......., j •� � tvia Aavrasi3ad V033,CN3 snHAN f 3� � •RI Lobi ..� ! jf3R ll;l` j ! i f i j i•f i f j•�ti• i�1 r 0.1114 �r=!!f� $ , IN��!!�.; �. I W l��If ;�jj<<, i��•,;�,! (fr �r IAF Nfmx JV .• .Ap �L t 's ! I `r'fir '! I rjl �1• t�•�,jr n"iii��f�EJFlfI f�tr•r jr ��i�'�#t�� I��i Q � _ J! N. LIEQ T IL � � •C M * R� i� r ,` t , , f t t t { t t � i�t ,�1�t� (1��([(I(I(iJfili((ifi€(��lf�s�jlll:L t!',•�.t r / � ti��= �� - - V . 7'+`•-.. • ii Aw . rrse t .,�v •� � G ` iii /_ ",r / �`' AA itA� j= � _ t • �,i ai � . R r �A i i��<#•A Ali, AwS S_ u .w/rr 3 8 r • • NQKh r' F•, t ff 1 w p'� x� • , �Q i � R` � A f � + .� -. i.� oi. 6f• �� it R � 3s. 1O f 3� � •RI n .► I W l��If Z JV .• face i RRY9•' r H AAA j "• w eii me gg • C ! s i g " r all s- ^ NYu l,t • •[ N Y.I M tr Y. t[f.N ! t fl. ,Or �aia'v fasarr ur wst at "a 10, s 3C--2- R h f n JV .• .Ap ,_ • YA A Q � _ 1 J� N. LIEQ T •C M * R� � . �� .�� .4 • Nltf . w.. .NN � �•r,r Q _ ii Aw YA jrA AA Ap s- ^ NYu l,t • •[ N Y.I M tr Y. t[f.N ! t fl. ,Or �aia'v fasarr ur wst at "a 10, s 3C--2- R h Agenda Information Memo February 20, 1996 J. CONTRACT 94-11. WATERVIEW ADDN ACTION FOR COUNCIL CONSIDERATION: To authorize the 3rd and Final payment to Brown & Cris, Inc., for Contract 94-11 (Waterview Addition - Utilities) and authorize City maintenance subject to warranty provisions. FACTS: Contract 94-11 provided for the installation of sanitary sewer and watermain to service the Waterview Addition (west of TH 3 near Red Pine Lane). This contract has been completed in accordance with City prepared plans and specifications, inspected by City authorized personnel and found to be in compliance and ready for Council consideration of formal acceptance for perpetual maintenance. 33 Agenda Information Memo February 20, 1996 Eagan City Council Meeting _K. RESOLUTION DENYING KOOL TYME, LLC'S (DAIRY QUEEN) APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW A PYLON SIGN ON OUTLOT A_ OF TOWN CENTRE 70 EIGHTEENTH ADDITION ACTION TO BE CONSIDERED: To ratify a resolution denying an application for Kool Tyme, LLC's (Dairy Queen) for a conditional use permit to allow a pylon sign on Oudot A, Town Centre 70 Eighteenth Addition. FACTS: • The City Council considered this item at its meeting of February 6, 1996 and voted to deny the application and directed staff to prepare this resolution of findings in its regard. ATTACHMENTS: Resolution on pages �Cthrough . 34 r 1I R-9496 2-14-96 ; 4:OOPM ; SEVERSON SIELDON-t 612 681 46124 4/ 5 RESOLUTION OF TIME CITY OF EAGAN RESOLUTION DENYING KOOL TYME, LLC'S (DAIRY QUEEN) APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW A PYLON SIGN ON OUTLOT A OF TOWN CENTRE 70 EIGHTEENTH ADDITION. The Advisory Planning Commission of the City of Eagan held a public hearing on this matter on January 23, 1996. The Advisory Planning Commission recommended approval of the application (with conditions) at its January 23,1986 meeting. The application was then heard by the Eagan City Council on February 6,1996. At the February 6, 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. BASED ON THE FOREGOING, be it resolved, by the City Council of the City of Eagan, Dakota County, Minnesota, that the application of Kool Tyme, LLC (Dairy Queen) for a conditional use permit to allow a pylon sign on outtot A of Town Centre 70 Eighteenth Addition, is hereby denied bused upon the following; 1. The applicant has the burden of persuasion to convince the City Council to amend the existing pylon sign agreement. 2. The applicant has the burden to establish compliance with City Code provisions. 3. At the public hearing and before the City Council, issues were raised regarding maintaining the sign so as to be compatible in appearance with the existing character of the area insofar as there would be a visual Intrusion on the adjacent residential uses. 4. The existing location permitted under the pylon sign agreement is not Inadequate. 5. The pylon sign as proposed by the applicant would cause visual clutter to traffic on Denmark Avenue. B. Because of the Issues and problems which are Cited above, the applicant's proposal is not a benefit to the surrounding area or the corm inity at large. 612 432 3780 02-14-96 05:08PU P004 #34 SENT BY R-95% 2-14-96 ; 4:00PM ; SEVERSON SELDON-# 612 681 4612;# 5! 5 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 applic aijon is hereby denied. Dated: ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN By: Thaonas A Egan Its: Mayor 612 432 3760 02-14-96 05:08PM P005 #34 Agenda Information Memo February 20, 1996 L. NORTHMGE DRIVE - PARKING RESTRICTION ACTION FOR COUNCIL CONSIDERATION: Approve a Resolution restriction on -street parking on Northridge Drive and authorize the Mayor and City Clerk to execute all related documents. FACTS: Northridge Drive has been designated as a Municipal State Aid Street on the City's Transportation Plan. As such, it is eligible for construction financing through the State of Minnesota. In order to be eligible for the State funding, it must meet certain design criteria. In response to the developer's request to reduce the standard width of this State Aid street, parking must be prohibited on one side. A formal resolution must be passed by the City Council authorizing this onstreet parking restriction and processed to the State of Minnesota to retain eligibility for State funding. ATTACHMENTS: • Resolution, page,, 6 . 37 CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON NORTH RIDGE DRIVE S.A.P. 195-117-04 from Wescott Road to Northview Park Road in the City of Eagan, Minnesota, THIS RESOLUTION, passed this 20th day of February 1996, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: the "City" has planned the improvement of North Ridge Drive from Wescott Road to Northview Park Road. WHEREAS, the "City" will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides ofthe street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, T'SEREFORE, IT IS HEREBY RESOLVED that the "City" shall ban the parking of motor vehicles on North Ridge Drive at the following locations: a) west side from Wescott Road to Woodcliff Court; b) east side from Wescott Road to 400 feet south; c) both sides from Oakhill Court to Northview Park Road at all times. DATED this 20th day of February, 1996. Thomas A Egan, Mayor ATTEST: E.J. VanOverbeke, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution practed to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 20th day of February, 1996, as disclosed by the records of said City in my possession. E.J. VanOverbeke, City Clerk MIA Agenda Information Memo February 20,1996 M. PROJECT 693 CEDAR GROVE 11TH & 12TH ADDITIONS ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 693 (Cedar Grove 1 lth & 12th Addition - Streetlights) and schedule a public hearing to be held on March 19, 1996. FACTS: • On October 2, 1995, the City Council held a public hearing and subsequently approved the installation of local residential neighborhood streetlights within the Cedar Grove 11th & 12th Additions. • The installation of these streetlights has been completed by the Dakota Electric Association in accordance with City standards and specifications. • All costs associated with this project have been tabulated and the final assessment roll prepared which is being presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs associated with this public improvement to all affected property owners. • The proposed final assessments equal $294.41 per lot which compares to the feasibility report estimate of $294. 39 Agenda Information Memo February 20, 1996 N. PROJECT 645 WK HILLS ADDITION ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 645 (Blackhawk Dills Addition - Street Reconstruction) and schedule a public hearing to be held on March 19, 1996. FACTS: • On April 19, 1995, the City Council held a public hearing and subsequently approved the reconstruction and overlay of the streets within the Blackhawk Kills Addition. • This work was performed by the City under Contract 95-04. All costs associated with this project have been tabulated and the final assessment roll prepared. • This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs to all affected property owners. • The feasibility report presented at the public hearing estimated an assessment of $3,115 per lot. A preproject appraisal performed by an independent appraiser contracted through the City Attorney's Office affirmed that the lots affected by this improvement would increase in market value by at least the amount of the proposed assessment. • While the calculated assessment cost per lot is $3,185.54, the City's policy of capping the assessment to the estimate contained in the feasibility report will be applied. �0 Agenda Information Memo February 20, 1996 Eagan City Council Meeting O. RESOLUTION DENYING A PRELIMINARY PLANNED DEVELOPMENT AMENDMENT FOR AN AUTOMOBILE SERVICE CENTER ON OUTLOT A. GEORGE W. GILES ADDITION ACTION TO BE CONSIDERED: To ratify a resolution denying a preliminary planned development amendment to allow an automobile service center on Outlot A, George W. Giles Addition as presented. FACTS: • The City Council considered this item at its meeting of February 6, 1996 and voted to deny the application and directed staff to prepare this resolution of findings in its regard. ATTACHMENTS: • Resolution on pagesthrough 3 ql SEM' BY: 2-15-96 ; 9:22AM ; SEVERSM S[ aDON-# 612 681 46124 2/ 3 RESOLUTION OF THE CITY OF EAGAN RESOLUTION DENYING A PRELIMINARY PLANNED DEVELOPMENT AMENDMENT TO ALLOW AN AUTOMOBILE SERVICE CENTER ON OUTLOT A, GEORGE W. GILES ADDITION. The Advisory Planning Commission of the City of Eagan held a public hearing on this matter on January 23, 19%. The Advisory Planning Commission recommended approval of the application (with conditions) at its January 23, 1996 meeting. The application was then heard by the Eagan City Council on February 6, 1996. At the February 6, 1996 City Council rneeting, the Council heard from interested parties and considered the matter in conjunction with all of the files, records, and prior pings, all of which constitute the record in this matter. BASED ON THE FOREGOING, be i# resolved, by the City Council of the City of Fagan, Dakota County, Minnesota, that the application for preliminary planned development amendment to allow an automobile service center on outlet A, George W. Giles Addition, is hereby denied based on the following: 1. The applicant has the burden to establish the basis for amending the preliminary planned development. 2. Ai the public hearing and before the City Council and Planning Commission, issues were raised regarding operating and maintaining the facility with respect to landscaping and appropriate setbacks. 3. The proposal is twice as large as a prior proposal and would require more variances than the approved prior proposal. 4. The application called for a 20 fool variance to the required 50 foot setback from the north property line; a 10 foot variance to the required 20 foot parking/drive aisle setback from the public right-of-way (Pilot Knob Road); and a 20 foot variance to the 20 foot parK#Wdrlve aisle along the MN DOT right-of-way on t#* nosh and west 6. The variances will leave inadeq fate room for landscaping, screening and snow storage. & The proposal as requested with variances will cause too lame and too dense a use on such a small site. 7. The amendment of a preliminary planned development is a legislative act for which ft applicant has the burden of persuasion to the legislative body. R -94X 612 432 3780 02-15-96 10:31AM P002 #48 SENT BY: 2-15-96 ; 9:22AN ; SEVERSM MUM-# 612 681 4612;# 3/ 3 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. Dated: ATTEST: By: E. J. Vanpverbeke Its: City Clerk CITY OF EAGAN By: Thomas A Egan Its. Mayor 13 R-9446 612 432 3780 02-15-96 10:31AM P003 #48 Agenda Information Memo February 20, 1996 A. FARM ROAD, VACATION OF PUBLIC RIGHT-OF-WAY ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approveldeny the vacation of Farm Road and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 5, the City Council held a public hearing to consider vacating Farm Road as its located between Dodd Road and TH 3. 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 properly noticed of the public hearing. Subsequently, the public hearing was continued until January 16, 1996. • Due to the Holiday season, there was insufficient notification to allow the January 19 hearing to proceed. Subsequently, this hearing was then continued to February 20: • All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this continued public hearing. • The north half of Farm Road was dedicated as public right-of-way with the platting of the Dodd View Addition. The south half of the right-of-way is a separate described legal parcel (040-51) under the recorded ownership of Andrew and Hulda Anderson. ISSUES: Vacating the public right-of-way would require the City to either obtain a private easement from the south half to allow continued use of Farm Road as a private driveway or, reconstruct Farm Road as a private driveway to he entirely within the vacated northerly 33 -foot of right-of-way. Future utility easements would have to be acquired when and where necessary. Due to these complexities, it may be best for the City to retain the entire right-of-way. Due to MnDOT's requirement that Farm Road no longer connects to TH3, this dead-end stub does not meet the City's standard for cul-de-sacs. Additional easements should be obtained to allow the construction of a standard cul-de-sac or a modified "hammer -head" turnaround should be constructed to facilitate continued public maintenance. The affected property owner's reluctant acceptance of this vacation contains a condition that would require the City to purchase the south half of the right-of-way and convey it to him, Staff could pursue this action to determine the economic feasibility as compared to long-term maintenance and temporary cul -tie -sac construction. ATTACHMENTS: • Staff report, pages ��througl,_95D. • Street Superintendent memo, pagesX-3�� and S ENGINEERING REPORT CITY OF EAGAN SUBJECT: PROPOSED VACATION OF FARM ROAD REPORT DATE: FEBRUARY 15,1996 PREPARED BY: CRAIG KNUDSEN, ENGINEERING TECHNICIAN BACKGROUND With MnWT participation in the cost of construction the completion of the signalized intersection of TH 3 with Red Pine Lane, the City was required to close Farm Road from public street access to TH 3. As a part of the construction on TH 3, the bituminous surface of Farm Road has been removed with the exception of a short section of the roadway from Dodd Road to the driveway of 673 Farm Road. Driveway access to TH 3 for the commercial use property in the NW quadrant of TH 3/Farm Road was allowed to remain. Although currently there are no City utilities within the Farm Road right-of-way, there exists the possibility of requiring additional easements in the future. The Comprehensive Plans for storm sewer and watermain identify the possibilities of constructing trunk facilities within the right-of-way. In addition, a sanitary sewer lateral may be required to serve adjacent properties. Therefore, it would be necessary to retain a utility easement of the full allowable 33 feet with the vacation of Farm Road. Currently, there are only two private utilities within the Farm Road right-of-way. Dakota Electric Association has a three-phase electric line on the northerly right-of-way line and NSP has a 2" gas service line along the north side of Farm Road. Both agencies have an interest in retaining a utility easement in the event of a vacation of Faun Road right-of-way. Since Farm Road exists on previously dedicated right-of-way from Dodd View Addition and a privately owned parcel, the Attorney's Office was requested to review the roadway vacation and retaining a public utility easement. The northerly 33 feet of the right-of-way was dedicated to the City through a plat which allows the City to vacate the right-of-way and retain a utility easement over the entire 33 feet. However, the southerly 33 feet of Farm Road was acquired through prescriptive use, and under Minnesota State Law, the City would not be able to retain a utility easement since the property was acquired for roadway and related drainage purposes only and not for utilities. If, in the future, additional easements were required, they would have to be acquired through conventional methods. Page 1 TTFICATIONS & RESPONSES Public notice for the vacation of this right-of-way was published in the City's legal newspaper as. noted on the attachment. Additional notices were provided as standard procedure to parties who may have an interest in the proposed right-of-way vacation. In addition, attempts to notify Andrew and Hulda Anderson were made as required by Mmnesota State Law, however, they could not be located. This owner was inadvertently omitted from the original notification and are the last known owners of the underlying property (040-51) of the southerly 33 feet of Farm Road. Responses are as follows: PARCEL 040-03 The property owner at 675 Farm Road has submitted correspondence dated November 27, 1995 to City staff objecting to the proposed vacation of public right-of-way. The property owner purchased the property after the public hearing for the proposed Red Pine Lane improvements and prior to this notification for the vacation of Farm Road. The property owner stated that he had no knowledge of the City's proposal to vacate Farm Road prior to his purchase. In addition, the property owner does not feel he will benefit from the vacation since he will lose maintenance and plowing services that he may not be able to afford. PARCEL 051-03 City staff has been contacted by Mr. Greg Struve representing the property owner of this parcel. Mr. Struve stated that Mr. Schwendeman's concern regarding the vacation of Farm Road was the status of his access to TH 3. Staff informed W. Struve that Mr. Schwendeman's access to TH 3 will remain and Mr. Struve requested that we draft written correspondence from the City in that regard. • PARCEL 040-51 This parcel is a 33 -foot wide strip of land between the dedicated Farm Road right-of-way with the Dodd View Addition and the southerly adjacent Skyview Addition. Attempts to contact the existing property owner of this parcel have not been successful. The existing travel surface of Farm Road does encumber a portion of this parcel. LOT 1, BLOCK 1, SKYVIEW ADDITION The southerly adjacent property owner to Parcel 040-51 has expressed no concerns with the proposed vacation of public right-of-way of Farm Road. The property owner did express an interest in acquiring rights to Parcel 040-51 and inquired into what would be required from the City if the property was trandbiTed to his ownership. The property owner was concerned with whose responsibility it would be to remove the existing roadway surface of Farm Road if the property owner was able to acquire title to Parcel 040-51. Page 2 The following utility companies responded in this regard: • DAKOTA ELECTRIC ASSOCIATION Dakota Electric owns and operates a 3-phase electric line on the northerly right-of-way line of Farm Road from Dodd Road to TH 3. Dakota Electric Association wishes to retain a 10 - foot easement for the right to own and operate this line. • WILLIAMS PIPELINE COMPANY Williams Pipe Line Company has no objection to the proposed vacation as long as the public right-of-way is still subject to existing easements and agreements which Williams Pipeline Company currently maintains. ADDITIONAL CONCERNS BY PUBLIC WORKS STREET MAINTENANCE Since Farm Road is currently barricaded at the easterly edge of the driveway for Parcel 040-03, the roadway is plowed by backing the road grader from Dodd Road to the barricade then plow west to Dodd road. This is done in two passes, but is a safety concern due to limited visibility back-ups on heavy equipment. If the City continues to maintain and plow that limited portion of Farm Road, a cul-de-sac or turnaround should be constructed. SUMMARY OF OPTIONS The City has several options in vacating the Farm Road right-of-way. It is also recommended to take into account the objection of the property owner of Parcel No. 040-03 in order to prevent potential claims due to loss of the right-of-way. The City could vacate the entire Farm Road right-of-way and retain a drainage and utility easement over the northerly 33 feet of the right-of-way. Parcel No. 040-03 would have access by a private driveway. If future improvements required additional property, an easement could be acquired at that time. The City could vacate all but the westerly 100 feet of the Farm Road right-of-way. This would require the City to continue the maintenance responsibility providing access to Parcel No. 040-03. In this case, the City should construct a cul-de-sac or turnaround. In addition, future easements would be acquired if need be for potential future utility improvements. The City could retain its rights- to the entire Farm Road right-of-way. The street would remain obliterated, however, the City would retain the right-of-way on paper. The existing property owner could have a private driveway or the City could maintain a portion to allow for maintained access. City Maintenance would require a cul-de-sac or turnaround. In addition, future easements would be available as needed for potential future utility improvements. Attachments: Exhibits A - C CEK/,lj vnca ARIMxrr Page 3 q_1 e EXHIBIT A I#.%Arr �8PAJ! 5 so el AkDOA AN I .+ LAW � 4a aD. 0 L RE�p�ll► scAu r � � LAr rr WOO j; LK I iARM r I� I V NM ROAD ROSEMOUNT J, K J (4400 10 u , - - ) 4600 11 E �J - - 0 4800 o ' WAY ~0 12 P 6 I 170th ST. W. - - — - 5000 L VACATION SITE city of eagan approved: standard PUBLIC FARM ROAD pate #: �•' WORKS EXCESS RIGHT OF WAY DEPARTMENT, EXHIBIT B O t � C J O 3 3. � Iq i W I \W Lij cr d o Y C 4 Ol I= r O V C — L�6d V J O Z2.6 N O ° c big c - Y O cc 3 N N CJ Y 15.j O h p Z IC ri TN O O Y itt n ° O G G L I w s. A — _° 44 w 10 y Y N Y ° Y .L.. J W ; O s �Q t � C J 3. � Q W \W Lij cr - J n H r O V C — L�6d V J O Z2.6 N O ° c big c - Y O cc 3 N N CJ Y 15.j olzop ri TN O O Y itt n G G L 5~�.e n ° ea • p � Y rr� J f • O 1 N 5H �1 �S t � C J 3. � J Lij c J � ,> J H J �¢ IY; f • O 1 N 5H �1 �S 61,cP C Li v Y• Y / Y ! v r W 1331 OS - Hom I lw3s � I � W y 3. � J Lij c J � ,> J H I �¢ �P Z� big c - N CJ J —J 61,cP C Li v Y• Y / Y ! v r W 1331 OS - Hom I lw3s � I � I;*) c1t.7 M •^, V EXHIBIT C o e Y c S�� IN 8 Tm c .°, o z Z O's 1 • O � � � I Y � L 0 N ; . yl•S Zia. I I LIJ ^' c o OLl Z U — c� r� Cj rcr J (� �+ J Y c S�� O 8 Tm c .°, o z Z O's o Yon.c o � Y N c ; a SEc I I LIJ J � Y ¢ Y p She Is Y~moo a ^' c o OLl Z U — c� r� Cj rcr J (� �+ J Y c S�� O 8 Tm ac= N J Z Yon.c c � N c O~ csU I I LIJ J � Y ¢ Y p C C L Y~moo a N U Flo gg So�Y 9 S N ..�s3 1331 OS NONI 173lvD5 T---- I W yyJ N J r J i c � I I LIJ J � N N J _yr CJ J ITC _ / ♦V/ w"s re — NO iG N �1 I MEMO TO: ' TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPT OF STREETS AND EQUIPMENT DATE: JANUARY 8, 1996 SUBJECT: FARM ROAD At the present time Farm Road is barricaded in line with the easterly edge of the driveway for the duplex on the north side of Farm Road. Dodd Road is plowed with the motor grader which subsequently plows Farm Road by backing in off of Dodd Road to the deadend barricade and then plows to the west. This is completed in two passes with the snow directed to the north and south of Farm Road. It would be difficult to plow straight in because of the length of the grader which would end up depositing a pile of snow in front of the driveway. The ideal situation would be a culdesac at the end so the backing of equipment would be limited. Because of the limited visibility backup up of equipment is a safety concern. With over 565 culdesacs and dead ends in our city we have learned to cope with each individual circumstance but the most efficient procedure is to utilize the main line plow vehicles for the initial plowing. By entering the culdesac and plowing clockwise and depositing the snow in the center, the residents have access to their driveways sooner and does not significantly slow down the main line routes. At the public hearing for the vacation of Farm Road, it was mentioned that we do plow similar areas such as the service road on the north side of Highway 55, which I think was referring to the entrance to Stan Pickarski's property plus his neighbors. This is being plowed because of an old maintenance agreement with MnDOT. This area has enough space for snow storage at the dead end. If we do not vacate Farm Road we have the following options: 1. Construct a culdesac at the dead end of Farm Road to ensure the safest and most efficient plowing. 2. Move the dead end barricade from its existing location at the driveway to the east property line of the property on the north side of Farm Road and obtain an easement for a turn around. This would enable plowing to the dead end, depositing snow, turning around in the driveway and continue plowing towards Dodd Road. 3. Continue to plow with the motor grader by backing in twice and plowing toward Dodd Road. 60--1 The existing street width is necessary to maneuver snow plow vehicles, therefore a vacation of the north half of the right-of-way alone would not be adequate. Future improvements or upgrades would also be assessed to the property owners. alt�- 94or Arnie Erhart Superintendent of Streets and Equipment AE/nab Attachment Wbumbe = rn 2723510 11 IN 4 031-04 6 3602723510012 I o227.25' 187.99' I 126.50' _ - f o Q HALL STREET l :: t 0 I ci 150.00' 313.41' t 100.00' , I �f If 1 o f .t � 3602723510007 t in 2 3 ! �cc 60 t :l 92.9 2-03 051-03 t 100.03' 150.04' 5 :t 040 0 � t : • � a � ~ 294.84' _ i 100.03' 15 .04' ! :.......`..-.....:................- ... :_ A�.—' _ - t _.t--............................Q4Q..?...................... .. •i .. _ 15 i. 1.14' N00 I �!� l WE I 92.2.7 a ( . 1 .0 Clq et' cv 3602723570004 :f •-1 �� I I 15 Jim Waltman 675 Farm Road Eagan, MN 55123 February 15, 1996 Eagan City Council Mike Foertsch Assistant City Engineer Dear Council: Being the owner of the only residential property on the seemingly soon to be vacated Farm Road I submit this letter to you as I cannot attend the hearing on this matter on Tuesday, February 20, 1996. With all of the "legalistic" correspondence sent me on this proposed vacation, I get the feeling that I would be fighting a losing battle to try and contest this vacation, and am fairly consigned to accepting it. I would however like to request that if Farm Road is vacated and I become responsible for snow removal and maintenance on that portion of Farm Road which leads to my driveway that I be given the additional portion of the vacated Farm Road which would be adjacent to my property line. I am not sure, but I would estimate that that additional footage of Farm Road would be around 60 to 70 feet. I would also request that this action not be taken for at least a year. Thank you for hearing my concerns. Sincerely, James A Waltman Agenda Information Memo February 20, 1996 B. UTILITY EASEMENT VACATION POPPLER ADDITION ACTION FOR COUNCIL. CONSIDERATION: To close the public hearing and continue consideration of vacating a drainage and utility easement vacation to a future Council meeting concurrent with final plat approval for the Poppler Homestead Addition #2. FACTS: On January 16, the Council received an application from Mr. Poppler requesting the City to vacate an old drainage and utility easement and scheduled a public hearing to be held on February 20. The vacation of this easement is a condition of approval of the Poppler Homestead No. 2 Addition which must be completed either prior to or concurrent with final plat approval. The Poppler Homestead No. 2 Addition proposes to replace the vacated easement with a new dedication with the new plat. ISSUES: The application for final subdivision and platting of the Poppler Homestead No. 2 Addition is not yet in order for processing for formal Council approval. Therefore, staff is recommending that the City Council hear all comments and then formally close the public hearing but continue consideration of the vacation to a future Council meeting when it can be considered concurrently with the final plat of the Poppler Homestead No. 2 Addition. The approval of this new final plat is necessary to ensure that the replacement easement will be dedicated and recorded at Dakota County before the City releases its current easement rights. ATTACHMENTS: Staff report, pagckkSV Ss ENGINEERING REPORT CITY OF EAGAN REPORT DATE: February 9, 1996 REQUEST: Vacate Utility Easement Doc. No. 37823 LOCATION: Outlot A, Poppler Homestead Addition PETITIONED BY: Lawrence Popper PREPARED BY: Craig Knudsen, Engineering Technican SUMMARY OF REQUEST Attached as Exhibit A is, a location map for this pertitioned vacation. Lawrence Poppler has submitted a petition to vacate Utility Easement Doc. No. 37823 located within Outlot A, Poppler Homestead Addition (see Exhibit B). The original intent of the easement was to allow for a 100' temporary construction easement and a 10' perpetual easement over a 12" sanitary sewer main. The temporary easement is no longer necessary and can be vacated. In addition, it has been determined that the actual location of the sanitary sewer is not within the described easement. NOTIFICATION AND RESPONSE Public Notice for the Vacation of this easement was published in the Cities legal newspaper. Additional notices were provided to parties as standard procedure to parties who may have an interest in the easement. One response from the notification was received from Wayne Schwan, Eagan Utility Superintendent regarding the need of an easement over the existing 12" sanitary sewer. RECOMMENDATION It is recommended that the City of Eagan vacate Utility Easement Doc. No. 378233 subject to the following condition. 1) The developer shall provide a 30 foot utility easement over the 12" sanitary sewer main with the plat of Poppler Homestead No. 2. CRMO ASEPOPPREP 5-� EXHIBIT A QUARRY PARK VACATION REQUEST SITE city of eapan �Pueuc . WORKS approved: standard platf EXHIBIT B - 1 Oo Im tot"� PRELIMMARY PLAT OF POPPLER HOMESTEADS NO. 2 0averlptlen UUMM A. repl.r Nve•te•d•, Meardly to the rotatdad pi. tlrnaL an ill. In Cho office ad the C wtr awarder, Oahota c..nq. N1.n•e"a. �1 Ana of Plot 394X0 S4.ri. 4.7N Ac. Total A— at Lot 1 77.164 !4•R.0.!!0 AC. Ana •a.w r"ud hl6k "909 local 11.077 34.1t. D.a70 AC. Total Are. tea 2 14.734 Sq.rt. 1.700 AC. Area alwee rood kith uat•r taeol 77.700 S4•re. 0.7a� Ae. Total Acme W 1 10.017 h•ft. 7.771 AC. ' Ara. •hose l." high outer local 77.117 34. re O.677 Ac. Carn.t to•1.99 AgettulL-1 frapa.d fa.LOgt Single rrllP caaldoetlal X066 Unita p/r aan aRN Laureate 0. npplor 70H "t— Leo logon. 11l.waatA !l1t1 phou,1 454-1131 a1RYtTOR Paul J. lleclnlry pool R. Iklepn 6 See, 777 Dakota Aue. W..t St. Paul. 701 SS114 Ph -8 437.7643 Description of Easement to be vacated: Doc. N0.378233. A Ten foot perpetual easement and a 100 foot 'temporarary construction easement over and across the following described land: Outlot We Poppler Homesteads in Section 10, Township 27, Range 23, Dakota County, Iota. The said perpetual easement being 5 feet on each side of the following described line and said temporary construction easement being 50 feet on either side cif the said following descxibed lime: Commencing at a point on the North line of ' Oudlot "A", Poppler Homesteads; thence 5 feet ~' ` Fast of the Northwest corner thereof, thence Southeasterly to a point an the East line of said Oudot "A" which is 350 feet South of the Northeast oormer and there terminating. a 11_I.•M .. r/11r {w IM!Y t.1 .141:[• • illei 11.1 «.r.• Mj,.,y wv �•pwi • � MrtM•d M �• wr r 4w • •:..1.. • 1 .Y r. •1.I.e .rel /Iwl 1 a ....1: ..r•,1�.. .. 1 lead •:wwv:•.r ..htr .•.. 1.... •.1 •I ' - • .., C..M ;nl NI ..ria. .101 •w-.J{�•'�.^.�� t'�l�'-'�'+i+*we--1 IL.t r �.rL KII .�'J+•� !,1 • to .;1 .ry.l . a �q: We rCa >� � } � } i � � `. +M. Mi •:waw. � f �:� tq ra° iurrr/rr �,. •ei Iaxrtefi' 1 M 0averlptlen UUMM A. repl.r Nve•te•d•, Meardly to the rotatdad pi. tlrnaL an ill. In Cho office ad the C wtr awarder, Oahota c..nq. N1.n•e"a. �1 Ana of Plot 394X0 S4.ri. 4.7N Ac. Total A— at Lot 1 77.164 !4•R.0.!!0 AC. Ana •a.w r"ud hl6k "909 local 11.077 34.1t. D.a70 AC. Total Are. tea 2 14.734 Sq.rt. 1.700 AC. Area alwee rood kith uat•r taeol 77.700 S4•re. 0.7a� Ae. Total Acme W 1 10.017 h•ft. 7.771 AC. ' Ara. •hose l." high outer local 77.117 34. re O.677 Ac. Carn.t to•1.99 AgettulL-1 frapa.d fa.LOgt Single rrllP caaldoetlal X066 Unita p/r aan aRN Laureate 0. npplor 70H "t— Leo logon. 11l.waatA !l1t1 phou,1 454-1131 a1RYtTOR Paul J. lleclnlry pool R. Iklepn 6 See, 777 Dakota Aue. W..t St. Paul. 701 SS114 Ph -8 437.7643 Description of Easement to be vacated: Doc. N0.378233. A Ten foot perpetual easement and a 100 foot 'temporarary construction easement over and across the following described land: Outlot We Poppler Homesteads in Section 10, Township 27, Range 23, Dakota County, Iota. The said perpetual easement being 5 feet on each side of the following described line and said temporary construction easement being 50 feet on either side cif the said following descxibed lime: Commencing at a point on the North line of ' Oudlot "A", Poppler Homesteads; thence 5 feet ~' ` Fast of the Northwest corner thereof, thence Southeasterly to a point an the East line of said Oudot "A" which is 350 feet South of the Northeast oormer and there terminating. a 11_I.•M .. r/11r {w IM!Y t.1 .141:[• • illei 11.1 «.r.• Mj,.,y wv �•pwi • � MrtM•d M �• wr r 4w • •:..1.. • 1 .Y r. •1.I.e .rel /Iwl 1 a ....1: ..r•,1�.. .. 1 lead •:wwv:•.r ..htr .•.. 1.... •.1 •I ' - • .., C..M ;nl NI ..ria. .101 •w-.J{�•'�.^.�� t'�l�'-'�'+i+*we--1 IL.t r �.rL KII .�'J+•� !,1 • Agenda Information Memo February 20, 1996 Eagan City Council Meeting i A. RECOMMENDATION, SOLID WASTE ABATEMENT COMMISSION CITY CODE AMENDMENT, SECTION 6.37 RESIDENTIAL REFUSE & RECYCLING COLLECTION REQUIREMENTS ACTION TO BE CONSIDERED: To continue consideration of an amendment of City Code Section 6.37 pertaining to residential refuse and recycling collection requirements and establishing a cap on residential hauling licenses, to extend the moratorium on issuance of new residential licenses to April 1 and to provide staff direction on the Council's intent for the mechanism of reducing licenses to a targeted level. FACTS: At its meeting of January 5, the City Council received a recommendation from the Solid Waste Abatement Commission concerning City Code and policy modifications to begin limiting the number of refuse and recycling trucks operating within residential neighborhoods through the implementation of a cap on licenses and information campaigns to encourage volunteering neighborhood organization and yardwaste reduction activities. The City Attorney's office was directed to prepare the code amendment in this regard. • The Solid Waste Abatement Commission is recommending that the reduction in licenses be accomplished only when a licensed hauler purchases another licensed hauler. The Commission's recommendation is that a third party could purchase an existing licensed business contingent upon issuance of a hauling license to the new owner. This would be similar to the situation in which liquor establishments are sold contingent upon issuance of a City license to the new owner. The City Attorney's office has indicated that an ordinance meeting difficult to draft. Staff and the City Attorney require clarification fr, whether the Commission's recommendation is the Council's expectatio of this code amendment. ATTACHMENTS: Staff memorandum on pages e through n these requirements is om the Council as to to permit completion ,r — city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: FEBRUARY 15, 1996 MEMO SUBJECT: AMENDMENT OF CITY CODE CHAPTER 6.37 TO CAP AND REDUCE THE NUMBER OF RESIDENTIAL REFUSE AND RECYCLING HAULER LICENSES IN THE CITY At the direction of the City Council, staff and the City Attorney's office have prepared an amendment to the City Code to establish a cap on the number of residential haulers operating on neighborhood streets. As indicated at the joint meeting of the City Council and Solid Waste Abatement Commission, the first step will be to cap the number of residential and recycling hauling licenses at the current number. Subsequently, as licensed firms are sold or go out of business, the number of licenses will be deliberately reduced until there are no more than five residential haulers licensed in the City. This will reduce the number of trucks likely to be on City streets while still providing a level of competition to control customer costs. In developing the ordinance amendment, two alternatives were identified by which the reduction could take place. One approach would be to terminate licenses whenever there is a transfer of ownership, meaning that current licensed haulers could operate until they are sold or go out of business. Any transfer of ownership would void the license and no new licenses could be issued until the reduction to five had been achieved. The other alternative would be that licenses would be eliminated as existing licensees are purchase by one another. Where the purchase of a firm results in one owner holding two licenses, one of the licenses would be voided. Where a licensed firm is purchased in whole by an unlicensed firm, the new owner could apply for the license and it could be reissued by the City Council. This would result in a slower reduction, but would permit more competition for the purchase of existing firms and their routes. While it is more complicated to craft an ordinance which accomplishes this approach, it is the one recommended by the Solid Waste Abatement Commission. The City Attorney's office has been working with staff to develop an ordinance amendment which accomplishes the Commission recommendation. It presents certain challenges in that licenses are non -transferable by definition and require City issuance. If the City is attempting to reduce the number of licensed haulers, by what criteria would it consider issuing a license to the purchaser of a business as opposed to a new entrant. The hauling industry which participated in the development of the Commission recommendation would be significantly impacted by any ordinance which failed to provide for the possibility of a reissuance under the circumstances of a sale. Staff and the City Attorney's office request Council direction regarding this item in order to finalize a draft amendment for Council consideration. ACTION REQUESTED OF THE COUNCIL: To continue consideration of the ordinance amendment, to extend the moratorium on the issuance of new licenses until April 1, 1996 and to give direction to staff and the City Attorney on the method of license reduction. G r Agenda Information Memo February 20, 1996 Eagan City Council Meeting B. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT - OPUS CORPORATION (EAGAN PROMENADE I ACTION TO BE CONSIDERED To approve or deny a Preliminary Planned Development Amendment for Eagan Promenade subject to the attached conditions. FACTS Opus Corporation has submitted a Preliminary Planned Development Amendment for the master plan exhibits as required in the Preliminary Planned Development approval at the December 5, 1995 City Council meeting. The Advisory Planning Commission held a public hearing on these master plan exhibits on January 26, 1996 and recommended approval with several conditions. In a letter submitted January 25, 1996, Opus Corporation indicated acceptance of the majority of those conditions and outlined their concerns with six remaining items including: rear elevation building materials; rooftop screening; pylon signage; clock tower and signage; monument signs; and wall signs. At the January 30, 1996 Special City Council Workshop, the outstanding issues were reviewed. The conditions have been revised to reflect the City Council's discussion on each issue. ISSUES At their January 30 workshop, the City Council indicated acceptance of monument signs in lieu of wall signage for the freestanding building. Since the initial staff recommendation was to completely eliminate the monument signs, the appropriateness of the size and height of the sign and structure has not been evaluated. The proposed sign is 7' high by 14' wide with a two-sided illuminated sign face panel 4' high by 12' wide (48 sq. Ft. sign face/side). The structure is similar in materials and design to the larger pylon sign structures: a brick base and synthetic stucco cornice cap (see Exhibit A). Staff is concerned that the sign structure and sign face of the monument signs are larger than necessary as secondary directional signage for the site. Staff has suggested to Opus that the proposed sign structure be lowered to 5' in height and the sign panel face be reduced to 3' high by 6' wide (18 sq. ft.). In response to this suggestion, Opus proposed a different monument signage alternative (see Exhibit B). The sign face has been reduced to 3' high by L'E- 11' wide. The sign structure is almost the same height (6'l 0") as the original sign proposal, but the cornice cap design element has been eliminated. Staff feels this alternative is still not acceptable because the sign structure is nearly 7' high and the sign is no longer uniform in design with the other signs, i.e. pylon and clock tower. If the City Council feels that it is appropriate to reduce the monument sign size and structure size, an additional condition should be added to reflect the Council's preference. BACKGROUND/ATTACHMENTS (3) Recommended conditions, pages &� through o Exhibit A, Monument Sign Elevation dated 1/10/96, page. Exhibit B, Monument Sign Elevation dated 2/14/96, page. EAGAN PRDME ADE-PREMINM PLANNED DEVELOPMENT AMENDMENT CONDITIONS OF APPBOYA Approval of the plans dated 1/10/96 subject to the following conditions: Parking a. Construction of all proposed parking in the residential component, including the proof -of -parking stalls, prior to final occupancy. b. Aboveground detached garages, if allowed in the residential component, shall match the architectural style and exterior building materials of the apartment units. c. The parking in the residential component, including any detached garage structures, must meet a 20' setback from the property line. d. Execution of shared parking agreements between all commercial lots. a The building heights shall not exceed the heights shown on the elevations plans sheets for the in-line retail and the community retail centers. b. The maximum height of all freestanding buildings shall be limited to 30' in height. Elevations for each building shall be submitted as part of the Final Development Plan approval. Landscaping a. The landscaping in the ponding areas and along the service area north of the in-line center shall be enhanced on the Final Development Plan. Additional coniferous trees shall be installed to the north of the in-line center. b. Species of canopy trees in the parking islands shall be varied on the Final Development Plan in order to minimize threat from disease. c. The center east -west parking island (former transit island) shall be graded into a berm configuration to provide additional parking lot screening. This grading modification shall be reflected on the grading and drainage plan sheet in the Final Development Plan. d. Crabapple trees selected on the plant list shall be increased to 2-1/2" caliper to minimize damage from snow storage and pedestrians. e. Shade trees shall be planted in addition to the ornamentals in the southern plaza area f. Landscaping and parking lot maintenance agreements shall be provided with the Final Development Plan. g. The grass seed mixture must be provided on the Final Development Plan. , • M M - M M 3v 1._ !_ 7 -Si- 1 U M! -z a The rear elevation for portion of Tenant Space 1 and 2 (as shown on attachment 1) shall be constructed with the same face brick, bullnose block and synthetic stucco materials and colors as used on the front and side elevations. b. Up to 75% of the building materials for the freestanding buildings shall be limited to brick, stucco, metal and glass. The building material colors and architectural design shall be complementary to the in-line and community retail centers. c. Rooftop equipment shall be screened from view via an extended parapet rather than painted on the in-line center. Rooftop equipment on all other buildings shall be screened from view rather than painted. Signage a The clock tower translucent sign panel face area shall be limited to 110 sq. ft. per side. The center identification sign shall be permitted as shown on the plans. b. The gateway pylon sign structures shall be lowered to 25' and the sign face shall be limited to 175 sq. ft per sign face; the pylon sign for the northern strip center shall be limited to 125 sq. ft. per sign face. c. The location of the gateway pylon sign monument shall be reviewed and approved by the City. All other freestanding signage shall be set back a minimum of 10' from any public right-of-way and outside of any public easements. d. In the in-line retail and community retail centers, total wall signage on the front building facade shall'not exceed 15% of the total wall area for tenants less than 20,000 sq. ft.; 10% of the total wall area for tenants at 20,000 sq. ft. or larger. e. All wall signage shall be limited to only the business or trade name of the building tenant. The logo may be included only when it is part of the business or trade name or when the name and the logo are the same. The wall signage permitted in the in-line and community retail centers shall also conform to the schedule of sign heights provided by the developer. Subtenant signage shall be permitted only if the individual sublessee occupies at least 5% of the total space of that building. E End cap users in the in-line retail center are permitted one wall sign on each side elevation, not to exceed 6' in height or 175 sq. ft. in sign area. No signage shall be permitted on the side elevations of the community retail center. g.. Freestanding buildings shall be allowed wall signage as follows: Block Lot EleWatiana Maximum Monument Cover -ate in lieu of wall Blk 1 Lot 1 West, South, East 15% Yes Blk 2 Lot 1 West, South, East 15% Yes Lot 2 West, East 15% Yes Lot 3 North, South 15% No Lot 4 North, South 15% No Lot 5 North, South 15% No Lot 6 West, South, East 15% Yes Lot 7 West, East 15% Yes Lot 9 North 15% Pylon per plans i. The residential monument sign on the corner of Yankee Doodle Road and Lexington Avenue shall conform to the City intersection monumentation concept for Yankee Doodle Road. j. A temporary sign on Yankee Doodle Road and another on Lexington Avenue is permitted for the residential development (two signs). The temporary signs may remain in place after the first building permit is issued until six months after the last building's Certificate of Occupancy is issued. k. For the Byerly's store, the signage on the plans dated 1-8-96 shall be permitted except for the Byerly's logo sign on the west and south elevation shall be no higher than 14' in height. The Byerly's sign package is considered an exception to the Eagan Promenade sign guidelines. If removed or if the tenant changes, the underlying guidelines shall continue to prevail. Lighting a The decorative double globe acorn light fixtures shall be consistent with the decorative street light standard utilized in the public street. Both the acorn light and shoebox fixtures shall be high pressure sodium luminaries. b. Decorative light fixtures shall be extended around the sidewalk circling the restaurant cluster, on the transit island, and through linkages to the public trail system on the southern portion of the development. c. Decorative light fixtures shall be extended along the in-line center sidewalk to the west side of Byerlys. d. Decorative light fixtures in the residential component shall match the style of those installed in the commercial component and on Promenade Avenue. e. Light poles in the bus taper areas shall be located in a manner so as not interfere with passenger loading and unloading. f. Installation of decorative light fixtures shall be located within the boulevards on both sides of Denmark and Promenade Avenues from Yankee Doodle Road to the in-line center. a Construction of the east -west drive aisle accessing the bus pull -off as a 9 ton bituminous roadway. b. Construction of the east -west drive aisle intersections with Promenade Avenue at a minimum 50 foot radii. c. Provide adjustment to the northern internal circulation aisle by adjusting the parking islands to accommodate a circulator bus parked out of traffic circulation lanes in front of Senant Space number 3 and tenant space number 7. d. Design, construction and installation of all bus stops, walkways, and site amenities in accordance with ADA guidelines. sc Pond DP -5.1 shall be excavated as per direction by water resources staff to fully meet water quality treatment requirements for the residential portion of the site. This excavation shall be shown on the final grading and drainage plan. a. The developer shall provide sanitary sewer and water main lateral/service stubs Mri to all adjacent undeveloped properties and Parcels 040-75, 050-75, and 060-75 in accordance with City engineering standards and comprehensive plans. Sidewalks[Vailways a The developer shall be responsible for costs to install the public trail system along their property. b. An internal concrete sidewalk system in the width shown on Sheet A shall be installed providing connections to the Yankee Doodle trailway and interconnections between the restaurants, shopping mall and auxiliary free- standing building pads, with special pavement treatment across drive aisles to denote crosswalks. c. The pedestrian crosswalk on Promenade Avenue shall be of an alternative pavement material. d. The final aggregate trail location around the pond shall be approved by the City. The developer shall install park benches as terminus barriers at the property boundary. Internal Circulation a The private street for the residential component shall be 28' wide. b. The customer drive-through and pick-up lanes shall meet all zoning code requirements for stacking and ingress/egress. Tree Preservation a Consideration shall be given to a re -design or relocation of Building 4 in the residential component to preserve additional specimen trees. b. Tree mitigation shall be required for all tree removal shown on the plans dated January 10, 1996 or later, resulting from changes to proposed uses and/or grading limits on the plans originally submitted on May 19, 1995. a Obtaining any necessary license requirements including, but not limited to, on - sale or off -sale liquor, is the responsibility of the developer/tenant. FEB 14'96 14:44 OPUS ARCHITECTS & ENGINEERS. 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J T �• :��.--!�:: ^••p"� ^•*•./•%:.�,: .� � ;�• '- �' �'. �: ! r -.- �� ,,ggi �j., 's .r" y4.I•?�1� ��"ti�,.}':. •Str 44 . v: � as ....s{ .��. ..,. � �•�: - ti. .i t�.'r>.. i't �"�•.4 F �E s(a �;, ,,; ti:'; y.a•7�i:t:��: f'� ,.e - ' � :: : , � �N �'' 's,�«, Fig •.,ti.: �; t'1 �;4' � � '� ; . : yr.s • ..r•• 4a. �i i - :+3 ''jr r,�p„ Y ,hY� w , . r. De Ul 14 ' . ` .• 'Kra• •` ti t ice... r :•7 ��• ' .r r tr •;• - �• .. .. �.L.� - :- •.�4,� [sem in HIS IT 13 1 -oil dAa i67 TENANT O m n Agenda Information Memo February 20, 1996 Eagan City Council Meeting A. RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY RENTAL HOUSING REFUNDING REVENUE BONDS, WESCOTT TOWNHOMES PROJECT, SERIES 19960 $1,805,000 ACTION TO BE CONSIDERED: Approve or deny the resolution authorizing issuance of Multifamily Rental Housing Refunding Revenue Bonds for Wescott Townhomes Project, Series 1996 in the amount of $1,805,000. FACTS: ■ The City has been asked by representatives of the Wescott Townhomes Limited Partnership to approve a refunding issue of $1,805,000. The original bonds in the amount of $1,880,000 were issued in 1985 and are scheduled to mature in 2027. ■ Since the maturity date is not changing, no public hearing is required. ■ The City has engaged Steve Rosholt of Faegre & Benson as bond counsel at the expense of the applicant to review all documents. ■ Representatives will be asked to be present at the meeting. ISSUES: Staff has identified the following two items the Council may consider adding as conditions to the authorization for this refunding approval: 1. Landscaping and irrigation on the site be brought up to current standards. Given the snow cover and the recent construction on Yankee Doodle Road, it is difficult to determine exactly what this condition would entail and to what extent previous landscaping and buffers have been distributed. 2. The signing of a waiver agreeing to pay the assessments as levied for project number 664 which covers street reconstruction improvements on Wescott Square. Pending assessments are currently listed at $426 per unit. Total cost is for 35 units or $14,910. It is expected that final assessment costs will be slightly less than $426 per unit, although final project costs are not yet available. ATTACHMENTS: Letter of inquiry from Miller & Schroeder, pages 2C -;L through —7 3 . Letter from Gene VanOverbeke, Finan a Director, requesting info oa irm n, and response to letter from John Houston, pages � through. Project location map, page.-�--6�-- Certification of minutes an reso ution, pages through "— - Toll Free (800) 32&6122 _. �cr & Schroed�rFinancial, Ince Pillsbury Center ■ 220 South Sixth Street ■ RQ Box 789 ■ Minneapolis, Minnesota 55440-0789 to (612) 376-1500 - January 9, 1996 Mr. Gene Van Overbeke Finance Director City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: $1,805,000 City of Eagan, Minnesota Multifamily Rental Housing Refunding Revenue Bonds, Series 1996 (FHA Insured Mortgage Loan - Wescott Townhomes Apartments Project) Dear Mr. Van Overbeke: Miller & Schroeder Financial, Inc. has been hired by the Wescott Townhomes Limited Partnership to structured a current refunding of the above -referenced bond issue. The bonds were originally issued on December 23, 1985 by the City of Eagan and have a maturity date of December 1, 2027. The bonds are credit -enhanced by FHA under HUD's Section 221(d) (4) program and have a Standard & Poor's "AAA" rating. Under the provisions of the bond issue, at least 20% of the units in the project must be available to individuals or families at 80% of the area median income. The income compliance is currently being monitored by the Dakota County HRA. The current interest rate on the bonds is 7.875%. The project consists of 35 two and three bedroom townhomes located at Yankee Doodle Road and Wescott Square. Wescott Townhomes Limited Partnership is proposing to refund the current bonds and change the rate on the FHA -insured mortgage. Since the partnership is not changing the maturity date of the bonds a public hearing will not be needed by the City of Eagan to refund the bonds. However, once the terms of refunding bonds have been established by Miller & Schroeder, the partnership will need the City of Eagan to pass a resolution regarding the sale of the bonds. Headquarters: Minneapolis, Minnesota Offices: San Diego Area • San Francisco Area • Las Angeles Area • St. Paul Cleveland - Columbus • Seattle • Orlando • Des Moines Member. National Association of Securities Driers, Inc. Member of the Seeuritia Investor Praection Corporation The partnership would like to close the transaction on in early March and would like to pass the proper resolutions for the refunding at your last city council meeting in February. The partnership has hired Judy Rogosheske and Jill Laorr of Best & Flanagan to act as bond counsel for the transaction. They will be sending to you the appropriate resolutions for the sale of the bonds and will provide the city's counsel, Faegre & Benson with the resolutions and bond documents to review on behalf of the City. Please send to me as soon as possible the City of Eagan's application for the issuance of multifamily, private -activity bonds. Ifyou have any questions, please call me at (612) 376-1549. Sincerely, Bradley D. in Vice President cc: Darrel Gonyea John Houston Judy Rogosheske Jill Laorr r7 Abkhk 'qqcity of eagan January 11, 1996 BRADLEY D WIRT VICE PRESIDENT MILLER & SCHROEDER FINANCIAL INC PILLSBURY CENTER 220 SOUTH SIXTH STREET P O BOX 789 MINNEAPOLIS, MN 55440-0789 THOMAS EGAN Moyor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER COUnCh Members THOMAS HEDGES CI1y Adminis row E. J. VAN OVERBEKE City Clark Re: Wescott Townhomes Apartments Project - MMuld-family Rental Housing Refunding Revenue Bonds. Series 1996 Dear Mr. Wirt: I am writing this letter in response to your letter of January 9, 1996, regarding the above - referenced refunding. The City of Eagan does not have a specific application to cover this process. In lieu of an application, a letter from the applicants containing the following information would be acceptable: 1. Detailed status of original bonds; 2. Projected savings if the bonds are refunded including present value calculations; 3. Impact of the proposed refunding and projected debt service savings on the City of Eagan, current tenants and future tenants; 4. Agreement to pay all City out-of-pocket expenses for refunding costs including, but not limited to, legal and fiscal consultants as determined appropriate by the City. MUNICIPAL CENTER 3630 PQOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE: (612) 681.4600 FAX (612) 681-4612 TDD: (612) 4544535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative ctlon Employer -7 It - MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681.4360 TDD: (612) 454-8535 BRADLEY D WIRT JANUARY 11, 1996 PAGE TWO This information should be accompanied by the $500 City application fee. Thank you for your assistance with this matter. I look forward to receiving the information and beginning, along with appropriate City staff. a review of this proposal. Sincerely. k &4,. E. 'VanOverbeke Finance Director/City Clerk cc: City Administrator Hedges Director of Community Development Reichert EN/vmd O O Wednesday, January 17, 1996 Mr. E. L VanOverbeke Finance Director/City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Subject: Wescott Townhomes - Multifamily Rental Housing Refunding Revenue Bonds, Series 1996 Dear Mr. VanOverbeke: We are writing this letter in lieu of an application in response to your letter of January 11, 1996, to Mr. Bradley Wirt of Miller & Schroeder Financial, Inc. regarding the above referenced refimding. The original bonds were issued on December 23, 1985, in an original principal amount of $1,880,000. The bonds were issued and secured with FHAffM hisurance under HUD's Section 22l(d)(4) new construction housing program. The total project costs were approximately $2,600,000. The proceeds of the bonds were used to pay part of the costs to construct the townhomes. The original bonds are rated "AAA" by Standard & Poor's and have a maturity date of December 1, 2027. The HUD loan is serviced locally by Knutson Mortgage Corporation and the bonds are payable through First Trust, St. Paul, Minnesota. All bond payments and required deposits to the Debt Service Reserve fiend and the Replacement Reserve fund have been made and are fully funded. By rehmding the bonds, the annual debt service savings are estimated to be approximately $25,000 per year. The gross present value of debt service savings based on a conservative interest rate of 6.00% is approximately $400,000. The net present value of the debt service savings after payment of a 1% bond prepayment premium and cost of issuance is approximately $250,000. The refimding should have no effect on the City of Eagan, current tenants or filiure tenants due to the fact that the project was credit enhanced with HUD insurance and must maintain the covenants required by HUD. The project must be maintained to HUD standards and monthly deposits are made to a Replacement Reserve fiord which is currently funded at $88,938. The project must rent 20% of the units to persons or families at or below 80% of area median income. The remaining units are rented at market rate rent levels. The partnership agrees to pay the City of Eagan for all out-of-pocket expenses for refunding costs including, but not limited to, legal and fiscal consultants as determined appropriate by the City of Fagan for the Wescott Townhome bond refunding. The partnership requests that you pass a bond sale resolution at the last City Council meeting in February. The bond issue will close in early March, 1996. Till Laos of Best & Flanagan will be sending you the appropriate resolutions for the City Council to pass at the February meeting. Your cooperation and assistance in this matter will be appreciated. If you have additional questions or need more inormwon, please feel free to call Mr. Bradley Wirt at (612)376-1549. may, JC HC Houston I of Joda, Inc., The General Partner w Baedleygr4 Ia 3 Sdvv@der(By FA)O = J11 LacM Bad & Fknopn (By FAX) = Doral E Ow")By FA30 = File Wescott Townhomes Limited Partnership 22100 Hamburg Aveme Lakeville, MN 55044-9101 612.469.8607 612A69-3535 Fax x tr/ I M N \ CY 0 C O q 0 C\j 0 0 x tr/ I M N CERTIFICATION OF NUNUTES Municipality: The City of Eagan, Minnesota Governing Body: City Council Meeting: A meeting of the City Council of The City of Eagan was held on the 20th day of February, 1996, at 6:30 p.m. at the Eagan City Hall, 3830 Pilot Knob Road, Eagan, Minnesota. Members present: Members absent: Documents: Resolution No. - Authorizing the issuance of the City of Eagan, Minnesota Multifamily Rental Housing Refunding Revenue Bonds (FHA Insured Mortgage Loan - Wescott Townhomes Apartments Project) Series 1996 and authorizing the execution of a Second Supplemental Indenture of Trust, Second Amendment to Loan Agreement and related documents. Certification: I, Gene Van Overbeke, City Clerk of the City of Eagan, Minnesota, do hereby certify the following: Attached hereto is a true and correct copy of a resolution on file and of record in the offices of the City of Eagan, Minnesota, which resolution was adopted by the Eagan City Council, at the meeting referred to above. Said meeting was a regular meeting of the Eagan City Council, was open to the public, and was held at the time at which meetings of the City Council are regularly held. Member moved the adoption of the attached resolution. The motion for adoption of the attached resolution was seconded by Member . A vote being taken on the motion, the following voted in favor of the resolution: and the following voted against the resolution: Whereupon said resolution was declared duly passed and adopted. The attached. resolution is in full force and effect and no action has been taken by the City Council of the City of Eagan, Minnesota which would in any way alter or amend the attached resolution. Witness my hand officially as the City Clerk of the City of Eagan, Minnesota this _ _ day of February, 1996. X6 Oqy Its City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY OF EAGAN, MINNESOTA AUTHORIZING THE ISSUANCE OF ITS MULTIFAMILY RENTAL HOUSING REFUNDING REVENUE BONDS (FHA INSURED MORTGAGE LOAN - WESCOTT TOWNHOMES APARTMENTS PROJECT), -SERIES 1996 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,805,000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF A SECOND SUPPLEMENTAL INDENTURE OF TRUST, A SECOND AMENDMENT TO LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF, AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; APPROVING A FORM OF FINAL OFFICIAL STATEMENT AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS. WHEREAS, the City of Eagan, Minnesota (the "Issuer") is a political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, -the Issuer previously issued its $1,880,000 Multifamily Rental Housing Revenue Bonds (FHA Insured Mortgage Loan - Wescott Townhomes Apartments Project) Series 1985 (the "1985 Bonds"), the proceeds of which were used to 2 � finance the acquisition and construction of a multifamily housing development (the "Project"); and WHEREAS, pursuant to the Act and the Indenture of Trust (as supplemented as described below, the "Indenture") dated as of December 1, 1985 between the Issuer and First Trust National Association (the "Trustee"), as supplemented by the Supplemental Indenture of Trust, dated as of September 3, 1986 and the Second Supplemental Indenture of Trust, dated as of March 1, 1996 (the "Second Supplemental Indenture"), the Issuer proposes to undertake the refunding of the 1985 Bonds by Wescott Townhomes Limited Partnership, a Minnesota limited partnership, as owner of the Project (the "Company") and, for the financing thereof; to authorize, issue and sell its Multifamily Rental Housing Refunding Revenue Bonds (FHA Insured Mortgage Loan - Wescott Townhomes Apartments Project), Series 1996 in an aggregate principal amount not to exceed $1,805,000 (the "Bonds") payable solely from the amounts pledged therefor under the Indenture; and WHEREAS, the Issuer developed and adopted a housing plan with respect to the 1985 Bonds pursuant to and in conformance with the Act after the public hearing required by the Act; and WHEREAS, neither the Issuer nor the State of Minnesota nor any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State of Minnesota or any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the credit or taxing power of the Issuer, Dakota County (the "County"), the State of Minnesota, or any political subdivision thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA THAT: Section I. The Issuer acknowledges, finds, determines, and declares that the preservation of the quality of life in the City of Eagan is dependent upon the maintenance, provision, and preservation of an adequate housing stock, which is affordable to persons and families of low or moderate income, that accomplishing this is a public purpose. The Issuer also hereby finds, determines and declares that the Project has been designed to be affordable by persons and families with adjusted gross incomes not in excess of 110 percent of the median family income as most recently estimated by the United States Department of Housing and Urban Development for the Minneapolis/St. Paul Metropolitan Statistical Area and that at least 20 percent of the dwelling units in the Project will be held for occupancy by families and individuals with adjusted gross incomes not in excess of 80 percent of the median family income. Section 2. The City Council of the Issuer further finds, determines, and declares that it is its purpose to issue the Bonds, the proceeds of which will be used to refund the 1985 Bonds. Section 3. For the purpose of financing the refunding of the 1985 Bonds there is hereby authorized the issuance of the Bonds. The Bonds shall bear interest at such rates, shall be in such denomination, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the Indenture and the Second Supplemental Indenture hereinafter referred to. Section 4. The Bonds shall be special obligations of the Issuer payable solely from the revenues of the Project, in the manner provided in the Indenture and Second Supplemental Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the Issuer, the County, the State of Minnesota, or any political subdivision thereof. The Issuer hereby authorizes and directs the Mayor of the Issuer (the "Mayor") and the City Clerk,/Treasurer of the Issuer (the "City Clerk") to execute under the corporate seal of the Issuer, the Second Supplemental Indenture, and to deliver to said Trustee the Second Supplemental Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Second Supplemental Indenture, and hereby provides that the Indenture and the Second Supplemental Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the Issuer, and the Trustee as set forth therein. The Mayor is hereby authorized to approve changes to the maturity schedules and mandatory sinldng fund payment schedules for the Bonds set forth in the Second Supplemental Indenture, the Bond Purchase Agreement and the Official Statement, provided that the maturity date for any Bond shall not be later than the date set forth in the form of the Second Supplemental Indenture. The Mayor is hereby authorized to approve the final interest rate for the Bonds at an average annual rate not exceeding eight percent (8.00%) per annum unless otherwise set forth in the Second Supplemental Indenture, the Official Statement and the Bond Purchase Agreement. All of the provisions of the Second Supplemental Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Second Supplemental Indenture shall be substantially in the form on fide with the Issuer on the date hereof; and is hereby approved, with such changes as shall be approved by the Mayor pursuant to this section, and with such necessary and appropriate variations, omissions, and insertions as are required by Standard & Poor's Rating Group in connection with obtaining a rating on the Bonds and such other necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 5. The Mayor and the City Clerk are hereby designated as the representatives of the Issuer with respect to the issuance of the Bonds and the transactions related thereto and are hereby authorized and directed to accept and execute the Bond Purchase Agreement (the "Bond Purchase Agreement") from Miller & Schroeder Financial, Inc. (the "Underwriter"). All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form on file with the Issuer on the date hereof, and is hereby approved, with such changes as shall be approved by the Mayor pursuant to Section 4 hereof; and with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 6. The Mayor and the City Clerk are hereby authorized and directed to execute the Second .Amendment to Loan Agreement, dated as of March 1, 1996 (the "Second Amendment") with the Company, and when executed and delivered as authorized herein, the Second Amendment shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Second Amendment shall be substantially in the form on file with the Issuer on the date hereof; which are hereby approved, with such necessary variations, omissions, and insertions as are required by Standard & Poor's Rating Group in connection with obtaining a rating on the Bonds and such other necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 7. All covenants, stipulations, obligations, representations, and agreements of the Issuer contained in this resolution or contained in the Second Supplemental Indenture or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representatives, and agreements of the Issuer to the full extent authorized or permitted by law, and allsuch covenants, stipulations, obligations, representations, and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the Issuer by the provisions of this resolution or of the Second Supplemental Indenture or other documents referred to above shall be exercised or performed by the Issuer, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Second Supplemental Indenture or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the Issuer in that person's individual capacity, and neither the City Councilmembers of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. ection 8. Except as herein otherwise expressly provided, nothing in this resolution or in the Second Supplemental Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Issuer, and the Trustee, as fiduciary for owners of the Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Second Supplemental Indenture or any provision thereon this resolution, the Second Supplemental Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and the Trustee as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Second Supplemental Indenture, and the Company to the extent expressly provided in the Second Supplemental Indenture. �ection 9. In case any one or more of the provisions of this resolution or of the Second Supplemental Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Second Supplemental Indenture or of the Bonds, but this resolution, the Second Supplemental Indenture, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms. and conditions set forth in the Second Supplemental Indenture, the pledge of revenues derived from the Project referred to in the Indenture, the pledge of collateral derived from the Project referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Second Supplemental Indenture, and the application of said revenues, collateral, and other monies are all commitments, obligations, and agreements on the part of the Issuer contained in the Indenture and the Second Supplemental Indenture, and the invalidity of the Indenture and the Second Supplemental Indenture shall not affect the commitments, obligations, and agreements on the part of the Issuer to create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture and the Second Supplemental Indenture, it being the intention hereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture and the Second Supplemental Indenture. Section 10. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Second Supplemental Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Second Supplemental Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 11. The City Councilmembers of the Issuer, officers of the Issuer, and attorneys and other agents or employees of the Issuer are hereby authorized to do all MAV acts and things required by them by or in connection with this resolution and the Second Supplemental Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the Second Supplemental Indenture and the other documents referred to above, and this resolution. Section 12 The Issuer hereby approves the form and authorizes the use by the Underwriter in connection with the sale of the Bonds of the final Official Statement, in substantially the form of the Preliminary Official Statement on file with the Issuer as of the date hereof, provided that the Mayor may approve such variations, omissions, and insertions as are required by Standard & Poor's Rating Group in connection with obtaining a rating on the Bonds and such other variations, omissions, and insertions as are not materially inconsistent with the form approved by this Council on the date hereof and with such changes as shall be necessary, in the opinion of legal council, to comply with applicable securities laws. The Official Statement is the sole material authorized by the Issuer for use in connection with the offer and sale of the Bonds, except that copies of the documents referenced above may be provided upon request. Section 13. The Mayor and the City Clerk are hereby designated and authorized to take such administrative action as is permitted or required in connection with the issuance of the Bonds by the Second Supplemental Indenture, the Second Amendment, and the Bond Purchase Agreement. Section 14. The Mayor and the City Clerk of the Issuer are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Second Supplemental Indenture, the Second Amendment, the Bond Purchase Agreement, or any other agreements, certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this Resolution, or to evidence compliance with Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, including any agreements, certificates or documents required by Standard & Poor's Rating Group in connection with obtaining a rating on the Bonds and any amendments or modifications to any and all certificates, agreements and documents executed by the Issuer in connection with the 1985 Bonds; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the Issuer. Section 15. If for any reason the Mayor of the Issuer is unable to execute and deliver those documents referred to in this Resolution, any other member of the City Council of the Issuer may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. If for any reason the City Clerk of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any member of the City Council with the same force and effect as if such documents were executed and delivered by the City Clerk. Section 16. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this 20th day of February, 1996. THE CITY OF EAGAN, MINNESOTA 4M -la Agenda Information Memo February 20, 1996 Aegean City Council Meeting B. REZONING AND PRELIMINARY SUBDIVISION - KiNGSWOOD POND, (HORNE DEVELOPMENT) ACTION TO BE CONSIDERED To approve or deny a Rezoning of 2.5 acres from Agricultural to R-1 (Single Family). To approve or deny a Preliminary Subdivision consisting of 49 single family lots on 30.07 acres subject to the 24 conditions listed in the January 23, 1996 Advisory Planning Commission minutes. FACTS The proposed subdivision incorporates Kings Woods 3rd Addition which received Preliminary Subdivision approval in 1993 and 2.5 acres of unplatted property currently zoned Agricultural. The proposed rezoning of the 2.5 acres to R-1 is consistent with the D-1 Single Family Land Use Guide Plan designation and the proposed subdivision is consistent with the R-1 zoning. The 1993 Preliminary Subdivision approval for Kings Woods 3rd Addition included variances to allow: cul-de-sac lengths in excess of 500'; a 2% variance to the 8% maximum cul-de-sac street grade; and a waiver to the turnaround requirement for all private streets. At its regular meeting of January 16, 1996, the Advisory Parks, Recreation, and Natural Resources Commission recommended that the developer eliminate Lot 9, Block 1 because the impact to the wetland associated with this house placement is avoidable. It should, therefore, be removed and this property should be incorporated into Lot 8. In order to meet the non - degradation standard for run-off to Blackhawk Lake, the Commission also recommended that the developer be required to increase the wet pond volume of Pond JP -5 by 5.6 acre feet. In addition to the increased wet pond volume of Pond JP -5, the Commission also recommended that the City construct a bypass drainage system to carry outflows from Fish Lake directly to the outlet of Pond JP -5. On January 23, 1996, the Advisory Planning Commission held a public hearing regarding the rezoning and preliminary subdivision and recommends approval subject to the 24 conditions listed in the staff report as amended. ["W] *1 The developer is opposed to the City bypassing Fish Lake outflows around Pond JP -5 because of the potential increase in pollutant concentration that would occur in Pond JP -5. ► The developer is opposed to immediate implementation of Conditions 15 and 16. Condition #15 requires extension of sanitary sewer and water main services to be stubbed to the undeveloped property north of the site. Condition 416 requires that the developer provide an improved public access to Kingswood Pond Road for the two existing homes north of the site. ► Requiring developers to extend utilities to adjacent unserved property is a standard condition of subdivision approval. Providing access to an adjacent property is also a standard condition of subdivision approval if there is no other access available. In this particular case, staff believes that access to Kingswood Pond Road for the two existing homes north of the site is an important health and safety issue. It is our recommendation that the direct access private drive connection along the curve of Pilot Knob Road be removed, directing existing homeowners to the controlled intersection of Pilot Knob Road and Wescott Road. BACKGROUND/ATTACHMENTS (3) APRNRC Summary of January 16, 1996,age 1— APC minutes of January 23, 1996, pages through. Staff Report, pages through ' Z . C? 0 Advisory Parks, Recreation and Natural Resources Commission January 16, 1996 KINGSWOOD POND - HORNE DEVELOPMENT The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their January 16 meeting and make the following recommendations to the City Council: 1. This development shall be subject to a cash parks dedication on that portion of the property not having previously fulfilled parks dedication. 2. This development shall be subject to a cash trails dedication on that portion of the property not having previously fulfilled trails dedication. 3. This development was granted exemption from compliance of the Tree Preservation Policy by Eagan City Council on May 2, 1995. 4. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. Impacts to the wetland associated with placement of house pads are avoidable and Lot 9 on the grading plan certified by Bob Wiegert on November 27, 1995 should be dropped from the site plan. 6. Filling of wetlands associated with use of Lot 8 for a building site should be limited to the deminimis provision allowed for under the Wetland Conservation Act (currently 400 sq. ft. per year up to a total of 763 sq. ft.). 7. The building and grading plan shall be reviewed by the City for this individual lot prior to issuance of the building permit in order to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement shall be noted on the plat map for the subdivision. 8. The developer shall be required to increase the wet pond volume of Pond JP -5 by 5.6 acre-feet. A portion of the wet pond volume increase can be met by raising the normal water level of Pond JP -5 by a maximum of 1 foot, if approval to do so is received from the City and MnDOT. The balance of the wet pond volume increase (a minimum of 2.6 acre-feet) must be accomplished by excavation according to a plan approved by the City's Water Resources Coordinator. The developer shall pay for all costs associated with increasing the wet pond volume of Pond JP -5. The City shall proceed with and assume the cost for a by-pass of all Fish Lake outflows around/through JP -5 directly to Blackhawk Lake. This option achieves the greatest benefit to Blackhawk Lake 171 Pagc 2 January 23, 1996 ADVISORY PLANNING COMMISSION PUBLIC HEARINGS REZONING & PRELIMINARY SUBDIVISION - HORNE DEVELOPMENT Chairman Miller opened the first public hearing of the evening regarding a Rezoning of 2.5 acres from Agricultural to R-1 (Single Family) and a Preliminary Subdivision (Kingswood Ponds formerly preliminary platted as Kingswood 3rd Addition) consisting of 30.07 acres and 49 lots located on Part of Government Lot 4, Section 21 and that Part of Lot 1, Block 2, and Outlots one and two Kingswood Addition in the SE%4 of Section 16, south of the Bruestle Addition between I -35E and Pilot Knob Road. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff s planning report dated January 10, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staff s evaluation of the applicant's requests. Mr. Ridley noted that the proposed rezoning is consistent with the existing comprehensive guide plan designation and the proposed development is compatible with the surrounding area. The applicant's attorney, Rollie Crawford, stated that the applicant is in agreement with all conditions set forth in the staff report except those that he noted. Mr. Crawford stated that with respect to Condition No. 3, the applicant intends to do landscaping screening along the I -35E right-of-way as it did with the Kingswood Pond First and Second Addition. The applicant requested that Condition No. 3 be amended to provide that the developer shall provide planting along the I -35E right-of-way as provided in the Kingswood Pond First and Second Addition. With respect to Condition No. 6, the applicant requests that the 30 -foot buffer strip around the pond be given flexibility for any encroachments, encumbrances or other obstacles for grading in relation to storm pipes, etc. In regard to Condition No. 7, the applicant requests that it be deleted because the applicant intends to install screening and berming in the 25 -foot strip in some locations and the condition will not allow for this. The applicant plainly objects to Condition No. 8. With respect to Condition Nos. 15 and 16, the applicant stated that it will agree to provide that the utilities be stubbed for the properties to the north and will provide a permanent access easement, if, in the future, the property owners to the north decide to use access through Kingswood Pond and to connect to the utilities. The applicant does not want to be required, at this time, to install public street for the properties to the north because they are currently taking access directly to Pilot Knob Road. With regard to Condition No. 22, the applicant questions its ability to petition the City because the improvements will be installed on property not owned by the applicant. The applicant further notes that the condition on tree preservation and dedication needs to be renumbered as 23 and 24. With respect to the new numbered Condition No: 23, the applicant stated that it needs clarification because as written the netting would have to be Page 3 January 23, 1996 ADVISORY PLANNING COMMISSION secured around the entire perimeter of the site because the entire site is covered by woodlands. A resident of 1465 Kingswood Road, inquired with the applicant as to the plans for the new development's homeowners association, noting that the developer has not done much homeowners association activity with the existing Kingswood residents. Mr. Crawford stated thai all documents are prepared and recorded for the homeowners association for the existing homeowners. He stated that the applicant was of the opinion that the existing homeowners did not have strong interests in getting involved with the homeowners association and thus there has not been a lot of activity. - Mr. Crawford further noted the applicant's objection to Condition No. 19 requiring a 60 -foot public right-of-way along Kingswood Ponds Road. Mr. Crawford stated that the 60 -foot right-of-way would require the houses to be moved 5 feet closer to the pond, therefore requiring more fill and tree loss. In response to Chairman Miller's inquiry, Mr. Crawford stated that the applicant would be willing to add to Condition No. 4 that the developer meet with interested homeowners of the other Kingswood Pond Additions to discuss the homeowners association before the final plat approval. Chairman Miller further suggested that Condition No. 23 be revised to read "the developer shall install tree protective measures, e.g. four -foot polyethylene laminate safety netting at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees to be preserved." Senior Planner Ridley responded to the applicant's objections to the certain conditions. With respect to Condition No. 3, the plan submitted by the applicant have no notation that the existing vegetation which shall be removed will be transplanted along the I -35E right-of-way. Mr. Ridley stated that staff would prefer a landscaping plan, but may examine the existing Kingswood Pond Additions current landscape screening along I -35E and determine whether that would be sufficient. In regard to Condition No. 6, staff would have no objections to qualifying the 30 -foot buffer strip to provide for any encumbrances or encroachments within the area. With respect to the applicant's objection to Conditions Nos. 15, 16 and 19, the Commission agreed that they remain as written and in the interim, the staff will investigate and research the alternatives suggested by the applicant. In response to Member Burdorf s inquiry, Mr. Ridley stated that the City Council has approved other variances for right-of-way setbacks in an effort to preserve wetlands and trees and therefore it would be an option for the applicant to seek a five-foot building setback variance to accomplish the City's desire for the 60 -foot public right-of-way dedication. Chairman Miller requested that the record reflect that the Advisory Planning Commission would recommend approval of a variance for a five-foot setback along the 60 -foot right- of-way of Kingswood Ponds Road in an effort to preserve the wetland and existing trees. _3 Page 4 January 23, 1996 ADVISORY PLANNING COMMISSION In response to Member Segal's inquiry, Mr. Ridley stated that with the deletion of Lot 9, the land of which it encompassed shall become part of Lot 8. Member Segal recommended that Condition No. 8 be revised to provide that fact. The Commission Members concurred that Condition No. 3 be left as is. Member Burdorf moved, Member Heyl seconded, a motion to recommend approval of a Rezoning of 2.5 acres from Agricultural to R-1 (Single Family. All approved in favor. Member Burdorf moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Kingswood Ponds formerly preliminary platted as Kingswood 3rd Addition) consisting of 30.07 acres and 49 lots located on Part of Government Lot 4, Section 21 and that Part of Lot 1, Block 2, and Outlots one and two Kingswood Addition in the SEV4 of Section 16, south of the Bruestle Addition between I - 35E and Pilot Knob Road, subject to the following conditions: Standard Conditions 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 3, 1993: Al, 131, B2, B3, B4, C1, C2, C3, D1, El, F1, G1, and H1. 2. The property shall be platted. Landscaping 3. The developer shall provide a planting plan that illustrates the proposed screening from the interstate. Homeowner's Association 4. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents shall be submitted and approved by the City Attorney's office and developer shall met with any interested person for the homeowners association prior 'to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 5. Outlot A, the area between the western portion of the cul-de-sac and I -35E shall be maintained by the homeowners' association or platted as a part of adjacent lots with the Final Plat submission. MIA Page 5 January 23, 1996 ADVISORY PLANNING COMMISSION Gradin-, 6. A 30 -foot buffer strip, as shown in the grading plan, shall be provided around the edge of Pond JP -5 to protect the existing trees and vegetation with the exception of installing storm pipe and excavation necessary to raise the wet pond volume. 7. The developer shall not grade closer than 25 feet from the I -35E right-of-way line with the exception of providing screening. Wetlands 8. Impacts to the wetland associated with placement of housing pads are avoidable, and Lot 9 on the grading plan dated 11/27/95 should be removed and Lot 8 incorporate the property encumbrancing Lot 9. 9. Filling associated with the use of Lot 8 for a building site should be reduced to the de minims provision allowed under the Wetland Conservation Act (WCA) which is currently 400 square feet per year up to a total of 5% of the area of the wetland. 10. The City should require review of the building and grading plan for this individual lot prior to issuance of a building permit for the lot to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement should be noted on the plat map for the subdivision. Storm Draina-e 11. All storm water runoff generated from the site shall be conveyed to Pond JP -5. 12. Modifications to Pond JP -5 will require MnDOT approval. Grading over or connection to the 60" storm sewer line in the northwest comer of the site or the 54" storm sewer line in the southwest comer of the site will also require MnDOT approval. 13. A skimmer shall be constructed on the outlet to Pond JP -5. Water Quality 14. The developer is required to raise the wet pond volume of JP -5 by 5.6 acre feet. This shall be accomplished by raising the normal water level by one (1) foot and by excavating the remainder. Utilities 15. Sanitary sewer and water main services shall be stubbed to the north. StreetsM t -Of -Way 16. The developer shall provide an improved public access to Kingswood Pond Road for the two existing homes north of the development site. Page 6 January 23, 1996 ADVISORY PLANNING COMMISSION 17. The cul-de-sac length shall be as approved as shown on the Preliminary Plat. 18. All private streets shall be constructed with concrete curb and gutter. 19. Kingswood Ponds Road shall be constructed to a minimum of 32 -feet face-to-face from Lot 7, Block 1 to the main entrance to the development at Pilot Knob Road and Wescott Road. 60 -feet of public right-of-way width shall be dedicated over this portion of roadway. 20. The developer shall dedicate appropriate right-of-way/easement as determined by Dakota County 21. No work shall commence in the County right-of-way until a permit is obtained from the County Highway Department and no permit will be issued until the plat has been filed. 22. The developer shall petition the City to upgrade the Pilot Knob Road/Wescott Road intersection as a City public improvement project. Tree Preservation 23. The developer shall install tree protective measures (e.g. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. Dedication 24. The developer shall provide a cash park and trail dedication. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 10, 1996 CASE #: 16 -PP -20-5-95 APPLICANT: James B. Home HEARING DATE: January 18, 1995 PROPERTY OWNER: James B. Home PREPARED BY: Steve Dorgan /M. Ridley REQUEST: Rezoning, Preliminary Subdivision (Kingswood Ponds) LOCATION: SE 1/4 Section 16, NE 1/4 Section 21 COMPREHENSIVE PLAN: D -I, Single -Family Residential (0-3 units/acre) ZONING: A - Agricultural, R-1 Single Family SUMMARY OF REQUEST James B. Home is requesting approval of a Rezoning of 2.5 acres from Agriculture to R-1 Single Family and a Preliminary Subdivision consisting of 49 single family lots on 30.07 acres. The property is located west of Pilot Knob Road and North of Kingswood Road in the SE 1/4 of Section 16 and the NE 1/4 of Section 21. AUTHORITY FUR 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. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). L That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. In 1988, the northern 21.5 acres of the subject site were rezoned from AG to R-1 and a Preliminary Subdivision was approved for 30 single family lots as the Oak Meadow Addition by the Meritor Corporation. The southern 6.5 acres owned by Horne Development were also rezoned to single family in 1988. Horne Development acquired Meritoes land in 1989 and received Preliminary Subdivision approval for the total 28 acres (Kings Wood 3rd Addition). In 1990, the City Council approved a request to extend the preliminary plat approval indefinitely. In 1993, Horne Development revised the previously approved plan in an effort to eliminate any unnecessary grading and tree loss. The revised preliminary plat was processed again as Kings Wood 3rd Addition since the previous subdivision never received final approval. Horne Development has now revised the most recent plan to include 2.5 acres of additional land and the proposed subdivision is called Kingswood Ponds. Planning Report - Kingswood Ponds January 23, 1996 Page 3 The previously approved preliminary subdivision (1993) received variances to allow for cul-de- sac lengths in excess of 500', a 2% variance to the 8% maximum cul-de-sac street grade, and a waiver to the turn around requirement for all private streets. EXISTING CONDITIONS The site consists of both heavily wooded slopes and open grassland falling toward the large ponding area in the center of the site. Approximately 14 acres of the site are wooded. SURIR ILMO1NG USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Bruestle Addition; two lots with single family homes; vacant land; zoned R-1 and Agriculture; guided Single Family. South - Kingswood 2nd Addition (61 single family lots); zoned and guided Single Family East - Unplatted property and several SF homes; zoned Agricultural and guided Single Family and Eagan City Hall. West - I -35E. EVALUATION OF REQUEST A. Rezoning Cg=afibilily with Surrounding Area - The proposed single family development is compatible with existing residential development in the area The property surrounding the subject site has either developed as single family residential or is zoned and guided D -I, Single Family. In addition, portions of the surrounding property consist of designated Park or Public Facility zoned districts. The proposed rezoning to R-1, Single Family is consistent with the existing Comprehensive Guide Plan designation of D -I, Single Family (0-3 units/acre). B. Preliminary Subdivision ensity - The proposed subdivision results in a density of 1.6 units/acre, which falls within the maximum allowed R-1 zoning density of 3.6 units/acre. LM - The lots exceed the 12,000 s.f. minimum lot size and 85' lot width requirements of the R-1 zoning district. The lots range in size from 12,527 to 64,695 SF. A 52,502 SF outlot (Outlot A) is indicated along a portion of the west property line which abuts the 1-3 5E right-of-way. The on-going maintenance and ownership of Outlot A is proposed to be a Home Owners Association that Mr. Horne will create. Planning Report - Kingswood Ponds January 23, 1996 Page 4 Setbacks - The lots proposed are large enough to meet all standard R-1 setback requirements. Landscaping - The City Code requires a planting screen of a mixture of over -story and under - story coniferous plant material along freeway right-of-way. The plans submitted do not provide this screening. The developer should revise the plans to incorporate this planting screen along the west edge of the site. Homeowner's Association - The developer should be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association should be recorded with the plat. Grading - This site contains considerable variation in topography. Pond JP -5, classified as a Class 5 Nutrient Trap in the City's Water Quality Management Plan (1990), is located in the center of this site. The slopes around the pond are fairly steep and heavily wooded. The proposed streets to be built around the pond are shown to be 40'-60' higher than the elevation of the normal water level of the pond. The preliminary grading plan shows maximum cuts of 12 feet and maximum fills of 10 feet. The maximum street grade allowed for cul-de-sacs allowed by City Code is 8%. Along the north and east edges of the site, the preliminary grading plan shows two sections of street at a 10% slope which was approved with the 1993 Kingswood 3rd Addition Preliminary Subdivision. The final grading plan should provide for a 30' undisturbed buffer strip along the edge of Pond JP -5 measured from the normal water level to protect the existing trees and vegetation along the edge of the pond and reduce erosion. The developer should also limit grading activities to at least 25' from the west property line in order to save trees that are located within 25' of the 1-3 5E right-of-way line. Wetlands - The development site contains two wetlands. One is a 4.26 acre Type 4 deep marsh associated with Pond JP -5 and the other is a .35 acre Type 3 shallow marsh located in the northeast corner of the site. The developer's initial proposal was to fill .16 acres of the .35 acre Type 3 wetland and provide replacement wetland adjacent to Pond JP -5. A Technical Evaluation Panel (including City staff, Dakota County Soil and Water Conservation District, and State of Minnesota Board of Water and Soil Resources staff) meeting was called to determine whether the wetland impacts proposed by the developer can be reasonably construed as unavoidable and whether the proposed replacement wetland is adequate. The conclusions of the TEP are as follows: 1. Impacts to the wetland associated with placement of housing pads are avoidable, and Lot Planning Report - Kingswood Ponds January 23, 1996 Page 5 9 on the grading plan dated 11/27/95 should be removed. 2. Filling associated with the use of Lot 8 for a building site should be reduced to the de minimis provision allowed under the Wetland Conservation Act (WCA) which is currently 400 square feet per year up to a total of 5% of the area of the wetland. 3. The City should require review of the building and grading plan for this individual lot prior to issuance of a building permit for the lot to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement should be noted on the plat map for the subdivision. At their regular meeting of January 16, 1996, the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) recommended all three conditions to the City Council. Storm Drainage - Storm water runoff generated by this site should be conveyed to Pond JP -5. Any proposed modifications to Pond JP -5 will require the approval of MnDOT. A 60" storm sewer line that drains I -35E connects into the north end of Pond JP -5. The developer is proposing to connect a portion of the site's storm sewer this 60" line. A 54" storm sewer line also drains into the southwest corner of Pond JP -5 from I -35E. Grading over or connection to these two storm sewer lines will also require MnDOT approval. Three other City -owned storm sewer lines also drain into Pond JP -5. The outlet for the pond drains westerly across I -35E to Blackhawk Lake. This development will be responsible for reconstructing the existing storm sewer lines that drain into Pond JP -5 to match the normal water level of the pond. Water Ouality_ - Pond JP -5 discharges to Blackhawk Lake, one of six Class I water bodies identified in the water quality management plan and one of the top three long-term lake enhancement priorities. Water quality in Blackhawk Lake would be adversely impacted without mitigation within this development. Pond JP -5 receives good quality outflow from Fish Lake immediately upstream. In addition, it receives runoff from approximately 170 acres of residential development and MnDOT right-of- way associated with I -35E. MnDOT has previously acquired a drainage easement on the pond. Sound options for upland ponding do not exist within the subdivision because of topographic constraints and tree cover. Modeling indicates that the wet pond volume of Pond JP -5 would have to be increased by 5.6 acre-feet in order to meet the non -degradation standard for Blackhawk Lake. To achieve the increase in wet pond volume in Pond JP -5 necessary to mitigate the impacts of the Kingswood Ponds development, the normal water level of the pond could be raised, the pond could be excavated, or a combination of both could be tried. Another option to deal with the water quality management issue is to construct a bypass which (o� Planning Report - Kingswood Ponds January 23, 1996 Page 6 would carry outflows from Fish Lake directly to the outlet of Pond JP -5 and Blackhawk Lake without mixing those outflows with the runoff entering the pond from the direct drainage. This would effectively increase the pollutant removal efficiency of Pond JP -5 by decreasing its flushing rate. The developer would be charged a cash dedication (estimated at $15,000 - $20,000) which could be used to partially finance a portion of the cost of the bypass (estimated cost of $45,000 - $55,000). Modeling indicates that even without a physical expansion in the wet volume of Pond JP -5, the bypass would not only compensate for the impacts to Blackhawk Lake but would result in an improvement in Blackhawk Lake water quality. The developer is opposed to bypassing Fish Lake outflows around Pond JP -5 because of the potential increase in pollutant concentrations that would occur in the pond. At their regular meeting of January 16, 1996, the APRNRC recommended to the Council that the developer be required to raise the wet pond volume of JP -5 by 5.6 acre feet (by a combination of raising the normal water level and excavation) and that the City construct a bypass system to carry outflows from Fish Lake directly to the outlet of Pond JP -5. Utilities - The preliminary utility plan is acceptable. Sanitary sewer service is available to this site from an existing 8" line that crosses I -35E along the north side of Lot 27, Block 2. The developer is proposing to utilize this connection and serve the entire site by gravity flow. At certain locations of this proposed layout sanitary sewer depth will be in excess of 30 feet. Watermain service is also available to serve this subdivision. Watermain service had been stubbed to the property from Kingswood Road and Kingswood Court as part of the Kingswood 2nd Addition. In addition, the developer is proposing to connect to the existing water main at Pilot Knob and Wescott Road. All three connections are required to provide adequate watermain looping. The preliminary utility layout plan shows construction of a sanitary sewer line across the City property in the backyard area of the old City Hall. The developer requests permission to cross City property in this area to save trees on their site. The developer will be required to provide sanitary sewer and water service to the undeveloped parcel north of the site (PID# 10-01600-014-79). Access/Sum Design - With modifications, the preliminary access/street design is acceptable. Public street access is proposed to this site via an extension of Wescott Road. Modifications necessary to convert this entrance to a public street include a signal system reconfiguration, entrance widening, and parking lot removal and replacement utilized by the City's Fire Administration building. The developer should petition the City to include these improvements under a City public improvement project. The internal public street system includes one cul-de-sac street approximately 2,100 feet long. (D� Planning Report - Kingswood Ponds January 23, 1996 Page 7 The proposed cul-de-sac exceeds the City's maximum length of 500' permitted by City Code and, as mentioned above, portions of this cul-de-sac exceed the maximum street grade allowed by Code. The City approved this cul-de-sac street length in 1993, as part of the Kingswood 3rd Addition. This cul-de-sac street will be the sole outlet of the development. Based on 10 trips (Source: City of Eagan Traffic Studies) per lot, per day generated from the end of the proposed cul-de-sac to Lot 7, Block 1 of this development will produce approximately 300 trips per day in each direction on the proposed public street - Kingswood Ponds Road. City Code requires that this volume of traffic requires a public street designed to meet a medium volume local access street -minimum width, which is of 32 feet face-to-face constructed from Lot 7, Block 1 to the street entrance at Wescott Road and Pilot Knob Road. Four separate private street sections off of the public street are proposed to serve this site. City Code requires private streets serving four or more units to be constructed with concrete curb and gutter. Two of the four proposed private street sections exceed this threshold and are required to be constructed with concrete curb and gutter. The developer has indicated that he is willing to provide concrete curb and gutter for all private streets to provide a uniform appearance within the development. The City Code also requires private dead-end streets to have a vehicle turnaround provided at the and of the street; however, the City waived this requirement as part of the Kingswood 3rd Addition preliminary subdivision approval in 1993. The unplatted property to the north (Parcels 10-01600-013-79, 030-79) of this development contains two homes that currently take direct access to Pilot Knob Road via a private rural driveway. This is not a preferred access location because it is along the curve in the county road. The developer should revise the subdivision design to provide public access to Kingswood Ponds Road for these properties. Lots 1,2, and 3 of Block 4 are shown to have street access via a private street connecting to Kingswood Road. EasementsMights of Way/Permits - The preliminary subdivision design proposes public street right-of-way to be 50 feet wide. Based on the traffic anticipated to be generated and the minimum street width requirements mentioned above, the developer should dedicated a 60 -foot wide street right-of-way from Lot 7, Block 1 to the entrance at Wescott Road and Pilot Knob Road. The developer shall provide appropriate easements for the existing and proposed public utilities constructed beyond the limits of the dedicated public street right-of-way. To allow for future expansion of Pilot Knob Road, the Dakota County Plat Commission initially recommended that the developer be required to dedicate an additional 40 feet of right-of-way along the east edge of the site abutting Pilot Knob Road. The developer has since negotiated /163 Planning Report - Kingswood Ponds January 23, 1996 Page 8 with the county to reduce the dedication to 15 feet in combination with the access to the development shifting from the northeastern corner of the site to the signalized intersection of Pilot Knob Road and Wescott Road. Dakota County has indicated a willingness to accept this compromise. The developer and Dakota County will have to finalize the appropriate right-of-way and easement dedication. All regulatory agency permits shall be required within the appropriate time frame as required by the affected agency. A MnDOT permit will need to be obtained prior to any construction on this site since MnDOT purchased a ponding easement over Pond JP -5 to allow I -35E to discharge into the pond. Tree Preservation - The development was granted exemption from compliance of the Tree Preservation Policy by the City Council on May 2, 1995, because the site had received preliminary plat approval prior to the City's Tree Preservation Policy. The site contains 14.16 acres of significant trees and woodland. The tree species are comprised of oaks, pine, aspen, birch, and miscellaneous hardwoods. The remainder of the site is grassland/shrubs (12.5 acres), and water and wetland areas (3.32 acres). The site plan as proposed will result in the removal of approximately 7.71 acres (54.4%) of existing significant trees. If the Tree Preservation Policy were being applied to this development, allowable removal would be 40%. At their regular meeting of January 16, 1996, the APRNRC recommended to the Council that the developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. Parks and Recreation - At their regular meeting of January 16,1996, the APRNRC recommended to the Council that the developer shall be subject to a cash park and trail dedication. SUMMARY/CONCLUSION All but 2.5 acres of the subject property had previously received Preliminary Subdivision approval. The proposed site development requires variances that were also previously approved by Council to allow for cul-de-sac lengths in excess of 500', a 2% variance to the 8% maximum cul-de-sac street grade, and a waiver to the turn around requirement for all private streets. ACTION TO BE CONSIDERED To recommend approval or denial of a Rezoning of 2.5 acres from Agricultural to R-1, Single Family. and �04 Planning Report - Kingswood Ponds January 23, 1996 Page 9 To recommend approval/denial of a Preliminary Subdivision consisting of 49 single family lots on 30.07 acres. Approval subject to conditions listed below. Standard Conditions 1. The developer shall comply with the standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, B3, B4, C1, C2, C3, D1, E1, F1, Gl, and H1. 2. The property shall be platted. Landscaping 3. The developer shall provide a planting plan that illustrates the proposed screening from the interstate. Homeowner's Association 4. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents shall be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 5. Oudot A, the area between the western portion of the cul-de-sac and I -35E shall be maintained by the homeowners' association or platted as a part of adjacent lots with the Final Plat submission. Grading 6. A 30 -foot buffer strip shall be provided around the edge of Pond JP -5 to protect the existing trees and vegetation. 7. The developer shall not grade closer than 25 feet from the I -35E right-of-way line. Wetlands S. Impacts to the wetland associated with placement of housing pads are avoidable, and Lot 9 on the grading plan dated 11/27/95 should be removed. 9. Filling associated with the use of Lot 8 for a building site should be reduced to the de minimis provision allowed under the Wetland Conservation Act (WCA) which is currently 400 square feet per year up to a total of 5% of the area of the wetland. Planning Report - Kingswood Ponds January 23, 1996 Page 10 10. The City should require review of the building and grading plan for this individual lot prior to issuance of a building permit for the lot to assure compliance with the de minimis provision in effect at the time of building permit application. This requirement should be noted on the plat map for the subdivision. Storm Drainage 11. All storm water runoff generated from the site shall be conveyed to Pond JP -5. 12. Modifications to Pond JP -5 will require MnDOT approval. Grading over or connection to the 60" storm sewer line in the northwest corner of the site or the 54" storm sewer line in the southwest corner of the site will also require MnDOT approval. 13. A skimmer shall be constructed on the outlet to Pond JP -5. Water Quality 14. The developer is required to raise the wet pond volume of JP -5 by 5.6 acre feet. This shall be accomplished by raising the normal water level by one (1) foot and by excavating the remainder. Utilities 15. Sanitary sewer and water main services shall be stubbed to the north. Streets/Ri ght-Of--W av_ 16. The developer shall provide an improved public access to Kingswood Pond Road for the two existing homes north of the development site. 17. The cul-de-sac length shall be as approved as shown on the Preliminary Plat. 18. All private streets shall be constructed with concrete curb and gutter. 19. Kingswood Ponds Road shall be constructed to a minimum of 32 -feet face-to-face from Lot 7, Block 1 to the main entrance to the development at Pilot Knob Road and Wescott Road. 60 -feet of public right-of-way width shall be dedicated over this portion of roadway. 20. The developer shall dedicate appropriate right-of-way/easement as determined by Dakota County 21. No work shall -commence in the County right-of-way until a permit is obtained from the County Highway Department and no permit will be issued until the plat has been filed. Planning Report - Kingswood Ponds January 23, 1996 Page 11 22. The developer shall petition the City to upgrade the Pilot Knob Road/Wescott Road intersection as a City public improvement project. Tree Preservation 23. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. Dedication 24. The developer shall provide a cash park and trail dedication. l�1 FINANCIAL OBLIGATION - Kingswood Ponds There are pay-off balances of special assessments totaling $9,252 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending ,assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges ,are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amwnt Water Trunk S.F. 5845/lot 5 lots $4,225 Lateral Benefit Water Trunk S.F. $20.30/ff 761 ff 15,448 Lateral Benefit Sanitary Sewer Trunk S.F. $20.10/ff 100 ff 2,010 Total at 1) LceATcrj 'rel I r ,,, AK. CO. 0 HT 010-83 rM�-- 1 111 RIt WE L e� �ILE AMID : "LTI ETAV D� 111I� 843.6 I ! 014- L �' J II� 111 040-79 'L_11� Ill II I 013-79 •�h t ! Ijl UI _ 1 'yam` 00, III ! ..,_.•� `.i �t f - I r WE �I iii 827. I f c I } OUTlOT A t 1 l OUTL 1�I I fit:, WE WF 4 A4 14 J�! �l• . � 8 � i ®® 21C it ®@J. H •./ • 15 � i �. / IO 23\1 \�; 2 , PIa @p .a® CITY 4 4 \\ 0300 2 o 0 KIN I rA1{KING IN_ 020-01IL I III 11 I __FLOF - II; II II It V_ ; ARK ► it -'SLOT 10 III _ � $•—�� __rte �,� .� I!I 111 �\� •• � ` � +� ' �: I! III `1 I IQIfY OF EAG, 12 -26 KMGSwOOD rONDS 1^MES HORI�%IE up Wo vim 2*0 rA �. .c UNT 4 01. 0 w 00 Fa oQ 0 ogt J � a 0 >.- . oQ� 8Z_N 3�N YaQ .. •d-sw rr o t FINAMCfAL OBLJGATM LEGEND •...• Lateral Benefit Sar*M $ewe► a,.ra�rAw Latent Benefit Water t� Water Trunk IMIRIM le rry why rYY. _ C Agenda Information Memo February 20, 1996 Aegean City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT - THE ROTTLUND COMPANY ACTION TO BE CONSIDERED To approve or deny a Comprehensive Guide Plan Amendment changing the land use designation of approximately eight acres from D -II Mixed Residential, 0-6 units/acre density, to Roadside Business (RB). FACTS ► The Rottlund Company is proposing this Comprehensive Guide Plan Amendment that will allow future commercial development that would include a hotel, fast-food restaurant, sit- down restaurant, and convenience gas. ► The Rottlund Company believes that commercial development at this location will provide transition and buffering between the intersection of Diffley Road and I -35E and future residential development surrounding this area and further that the Comprehensive Guide of D -II Mixed Residential is merely a guide and not mandatory. ► At their regular meeting of January 23, 1996, the Advisory Planning Commission held a public hearing on this item and recommended denial (6:1) of a Comprehensive Guide Plan Amendment from D -II Mixed Residential to Roadside Business for eight acres of unplatted property located at the northeast intersection of I -35E and County Road 30. ► The specific reasons stated by Commission members for recommending denial of this Comprehensive Guide Plan Amendment are as follows: 1) The amendment would conflict with the Commercial Land Use Study working policies. 2) Any amendment would be premature at this time because the present Comprehensive Guide Plan designation is appropriate in light of how this general area is developing. 3) The proposed use on this site is too intense for existing and future neighboring residential uses. BACKGROUND/ATTACHMENTS (2) APC minutes of January ? 3, 1996, pa est / �'ftough�. Staff Report, pages through . Page 7 January 23, 1996 ADVISORY PLANNING COMMISSION COMPREHENSIVE GUIDE PLAN AMENDMENT THE ROTTLUND COMPANY Chairman Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment from D -II, Mixed Residential (0-6 units/acre) to RB (Roadside Business) for eight acres of unplatted property located at the northeast intersection of Interstate 35E and County Road 30 (Diffley Road) in the SEI/4 of Section 20 and the SWI/4 of Section 21. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated December 13 1995 and revised January 12, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the applicant's request. Mr. Ridley concluded that the proposed comprehensive guide plan amendment is not consistent with the broader, comprehensive land use perspective, or the working commercial land use policies adopted by the City following the commercial land use study. Mr. Ridley noted that the site of the proposed use is adequately served by the Blackhawk Plaza, Hilltop Plaza and the Thomas Lake Center. Donald Jensen, the applicant's representative, stated that residential use of the subject property is not the best use at the intersection of Diffley Road and I -35E. Mr. Jensen further noted that the subject site is currently zoned for Roadside Business. Mr. Jensen further provided that the eight -acre parcel is only 2% of all commercial use land in Eagan. Mr. Jensen stated that the goal of the proposed use is to provide transition and buffer between the intersection of Diffley Road and I -35E and the residential area surrounding it. Mr. Jensen further stated that the comprehensive guide of D -II, Mixed Residential is merely a guide and not mandatory. Mr. Jensen, further outlined the applicant's report submitted to City staff and included in the Commission's packet. Mr. Jensen discussed the development of the area over the last ten years as shown on aerial photographs presented. Mr. Jensen further discussed the grades on the site and the impact of the land use options. The Vice President of Real Estate for Americ-Inn motels also spoke to the Commission. He discussed the feasibility of the use at the site, and the architectural style of the proposed motel use. Finally, John Bannigan, the attorney for the applicant, stated that the Commission should not just consider the eight acres but should look at the eight acres with the entire 125 -acre site. Mr. Bannigan further noted that the zoning is currently proper for the proposed use, that the proposed use is a complete commercial node -gas, lodging and food to all interlocking uses. Page 8 January 23, 1996 ADVISORY PLANNING COMMISSION Beatta Blomquist, a resident of Eagan, stated that the applicant makes strong reference that the comprehensive guide plan is merely "a guide". Ms. Blomquist stated, however, that the legislature passed law last year stating that the comprehensive guide plan designation has priority over zoning and therefore, any amendment to a guide designation will have the affect of rezoning. A resident of 4167 Starbridge Court stated that she represents the area neighbors who are all opposed to the proposed amendment request. She stated that there is enough RB -zoned property in the area to serve the use. Another resident at 4163 Starbridge Court stated that the property south of Diffley Road is zoned commercial and the City need not change the designation for the property north of Diffley Road for the same use. He further stated that there were enough hotels, fast food and gas stations in the City that there is not a need for this site. Member Heyl stated that there is no reason to amend the comprehensive guide plan designation at this time to Roadside Business. She stated she recognizes that there is a need for a transition between the freeway and the residential uses, but stated that a motel use is not a transitional use because a motel invites increased traffic volume. She further stated that the proposed commercial use is not consistent with the working policies adopted by the Commission and the City Council following its commercial land use study last year, noting the amendment would increase, not decrease, the available commercial land in the City; the area surrounding the site is adequately served by existing commercial nodes; and there is no rational basis to justify the amendment at this time. Member Isberg concurred with Member Heyl noting that it was premature to approve the request. Member Isberg noted that the proposed use on the subject site was an intense use and therefore not the best transitional use between the freeway and residential. He further noted that the working policies following the commercial land use study were adopted after a lot of hard work by the Commission and City Council and therefore it is important for the Commission to follow those policies. Member Burdorf stated that he concurred with Members Heyl and Isberg, noting that there is an over availability of commercial land in Eagan and therefore the City need not designate more land for commercial use. Member Richards stated that she does not support the requested amendment because the proposed use would overlap with three existing commercial nodes; I -35E does not act as a barrier to Blackhawk Plaza to disregard it as an'existing commercial node presently serving the area; and the proposed motel use on the site is too intense. Member Segal stated that he was uncertain as to his acceptance of the position stated by the Commission Members and those of the applicant. He stated that the proposed use may not necessarily be properly characterized as a "neighborhood commercial node" because it does not serve the area residents but those travelers along I - 35E and therefore would not interfere with the other area nodes. He further stated that Page 9 January 23, 1996 ADVISORY PLANNING COMMISSION Roadside Business use on the south side has been okayed so what is the justification for denying the same use on the north side. Member Frank stated that the proposed motel use is not too intensive of a use and would have greater objection if housing was developed on the site. Member Heyl moved, Member Isberg seconded, a motion to recommend denial of a Comprehensive Guide Plan Amendment from D -II, Mixed Residential (0-6 units/acre) to RB (Roadside Business) for eight acres of unplatted property located at the northeast intersection of Interstate 35E and County Road 30.(Diffley Road) in the SEV4 of Section 20 and the SW'/4 of Section 21, for the following reasons and those more specifically stated by the Commission Members during discussion: (1) the amendment would conflict with the commercial land use study working policies; (2) any amendment to the comprehensive guide plan would be premature; and (3) the proposed use on the site is too intense for the existing neighboring residential uses. All approved in favor except Member Frank who opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 13, 1995 (Revised 1/12/96) CASE #: 21 -CG -9-12-95 APPLICANT: Rottlund Homes HEARING DATE: Jan. 23, 1996 PROPERTY OWNER: Bieter Company PREPARED BY: Mike Ridley REQUEST: Comprehensive Guide Plan Amendment LOCATION: Northeast intersection of I -35E & Diffley Road COMPREHENSIVE PLAN: D -H, Mixed Residential (0-6 units/acre) ZONING: Roadside Business (RB)/Agricultural (A) SUMMARY OF REQUEST Rottlund Homes is requesting approval of a Comprehensive Land Use Guide Plan Amendment from D -H, Mixed Residential (0-6 units/acre) to Roadside Business (RB) for approximately eight acres of property located at the northeast intersection of Interstate 35E and County Road 30 (Diffley Road) in the SE 1/4 of Section 20 and the SW 1/4 of Section 21. The purpose of Rottund's Comprehensive Land Use Guide Plan Amendment is to ultimately rezone the property to RB and provide two fast-food restaurants (Class II), sit-down restaurant (Class I), convenience gas, and a hotel/motel in association with future applications for a rezoning to allow a mixed residential planned development with a small commercial area and a subdivision that will encompass a total of approximately 125 acres made up of the Bieter and Franz properties. For purposes of reviewing the requested Comprehensive Guide Plan Amendment, this report will examine the subject site, the surrounding area, and this general area of the City. BACKGROUND/HISTORY Review of the City's historical records show that a portion of the site under consideration was rezoned from Agricultural to C-2 (Heavy Commercial) in 1%8 as part of a rezoning of 60 acres located primarily in the SE 1/4 of the SE 1/4 of Section 20 from Agricultural to a mix of R-6, Residential Multiple and C-2; however, this area as well as the entire "Bieter property" had been designated R -II, Mixed Residential (3-6 units/acre) as shown on the City's Land Use Map dated 1975. Planning Report - Rottlund Amendment January 23, 1996 Page 2 The 60 acre Hillandale No. 1 subdivision was platted in 1971. This plat included several outlots for future development and I -35E right-of-way. Outlot C, Hillandale No. 1, for example, was configured to match the extent of the property that would be taken for I -35E based on the tentative alignment provided by MnDot at that time. Except for an approximately 2 acre remnant parcel located east of the interstate (Outlot D, Hillandale No. 1), all of the property remaining for development was located west of the future freeway. In 1974, Zoning Classifications were changed and the C-2 zoning designation for Outlot D, Hillandale No. 1, was changed to its current RB, Roadside Business classification. The 125 acre site primarily contains significant topography with mature woodlands and a number of wetlands; however, the eight acre area requested for the Amendment to RB is located in the southwestern portion of the site and is relatively flat apparently due to the construction of I -35E. The 2 acre Outlot D, Hillandale No. 1, which is located along the freeway r -o -w just north of Diffley Road and zoned RB, is a remnant parcel created by I -35E which was ultimately purchased by the Bieter Company. The remainder of the site is zoned Agricultural and the entire 125 acre site is designated D -U, Mixed Residential (0-6 u/ac). The development in this general area will be much less dense than originally anticipated due to the rezoning of Mallard Park 4th Addition (33 acres) from R-4 to R-1 and Wexford Additions (34 acres) from PD/R-4 to R-1. IA ON Kxw The 125 acre site is surrounded by Blackhawk Middle school and mixed residential (Wenzel Additions) to the east. South of the site is approximately 17 acres of undeveloped property zoned Roadside Business and the Wexford and Mallard Park single family subdivisions. I -35E, the 30,000 SF Blackhawk Plaza/Tom Thumb, and the Hillandale townhouse development are located to the west. Deerwood Townhomes, I -35E, undeveloped Murphy property, and the Blackhawk Pond single family subdivision are located to the north. EVALUATION OF REOUEST Rottlund Homes is requesting this amendment to RB to allow an approximately 8 acre commercial retail area where they intend to provide the following types of uses: two fast-food restaurants, a traditional sit-down restaurant, convenience gas, and a hotel/motel element. Some of the permitted uses within the Roadside Business Zoning District include motel or hotel, a minimum 4,000 SF Class I (sit-down) restaurant, and gas station - provided the station follows Planning Report - Rottlund Amendment January 23, 1996 Page 3 and does not proceed development of either a hotel or restaurant and is architecturally compatible with the same hotel/restaurant. According to the applicant, the commercial use at this quadrant of Diffley and I -35E is warranted not only because it will "maximize the return on the public investment associated with the full access freeway interchange on a divided county road", but the applicant believes that this area of the City is under -served for commercial needs. Although this area is very close to the Blackhawk Plaza neighborhood commercial area (1/4 mile), Rottlund believes the interstate separates the traffic and neighborhoods east -west resulting in the need for commercial uses at this location. Commercial Land Use Study The City completed a Commercial Land Use Study and Commercial Market Analysis in early 1994. Based on the information gathered and conclusions reached in the study reports, the City adopted Working Policies for directing the type, scale, and characteristics of commercial development. These reports and policies are to be considered when reviewing requests for commercial development and/or proposed additions of commercial land to the existing stock. The Commercial Market Analysis determined the projected demand for retail and commercial acreage in the City through the year 2020. This report concluded that the demand for retail commercial land in Eagan ranges from 258 - 350 acres. The current supply (as of 4-4-94) of such land encompasses 970 acres. The report also states that an oversupply of retail commercial land beyond the noted range should be maintained to avoid skewed land values. These study reports determined two primary types of retail commercial nodes that have developed in Eagan. 1. Neighborhood Commercial - serving surrounding neighborhoods. There are eight existing neighborhood commercial nodes in the City. 2. Major Commercial - serving both the community at -large and the surrounding neighborhood. Town Centre, Cliff Lake Centre, and Cedarvale are the three existing major commercial nodes. Based on the findings and guidelines of the Commercial Land Use Study, the Market Analysis, and the adopted Working Policies, the intended uses of the area requested to be designated RB best fits the Neighborhood Commercial Land Use Category. A Roadside Business Zoning District, depending on the specific uses, may be consistent with the Neighborhood Commercial Land Use category. The Commercial Land Use Study - Background Report states that descriptions of the uses and characteristics of the Neighborhood Commercial -Retail category include: 0(9 Planning Report - Rottlund Amendment January 23, 1996 Page 4 * smaller -scale retail, office, and service businesses * neighborhood level retail, services, and offices * convenience retail, services, and offices * residential on the edges with suitable buffering * hotels/motels if located adjacent to a major thoroughfare and of compatible scale with base uses Working Policies The City adopted policies to direct future commercial development and these working policies were categorized into general policies and those specific to particular types of commercial development. The following Commercial Land Use Working Policies adopted are applicable to all commercial land use categories. a. Commercial development should promote a diversity in tax base and employment opportunities and maximize the return on investment to Eagan's infrastructure. b. Commercial development should be restricted to those areas prescribed in the Comprehensive Land Use Guide Plan and Zoning Map and should be developed as complete nodes in order to avoid spot or strip commercial development. c. Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service area exist. d. Pedestrian circulation systems should be provided within commercial developments. e. Design of commercial developments should provide for transit access. f. Adequate buffering, including but not limited to landscaping, site orientation, and transitional uses, should be provided between different adjacent land uses. g. Internal access roads should be provided to allow sufficient transportation access to and from the node when it might otherwise be restricted due to its location adjacent to county roads and state highways. The Rottlund commercial plan (excluding the hotel/motel element) is primarily intended to serve the commercial service needs of the surrounding neighborhood. The following Working Policies adopted are specifically for Neighborhood Commercial areas. a. Neighborhood Commercial nodes should be developed as complete centers to create a Pi Planning Report - Rottlund Amendment January 23, 1996 Page 5 relatively compact node and in order to avoid a proliferation of scattered single -use commercial sites. b. Neighborhood Commercial nodes should be planned such that the majority of the City lies within an assumed one -mile service radius. Interstate freeways and principle arterials are considered to be a barrier to this radius. The establishment of new Neighborhood Commercial nodes should be considered only when they do not overlap an existing Neighborhood Commercial node's service area and when the population and/or employment density can support this additional node. c. Because of the frequent short-term trips associated with a Neighborhood Commercial node, transportation access needs will be medium to high. Therefore, these nodes should be located next to arterials or community collectors. Existing .and Planned Commercial To determine the commercial needs of a particular area, the existing neighborhood commercial nodes and corresponding service areas should be analyzed. (Please see Exhibit A) The entire 125 acre Bieter/Franz property lies within the 1 mile service area radius of the Blackhawk Plaza neighborhood commercial node (NW corner of I-35E/Difiley Road) which includes the strip center, Tom Thumb convenience gas, and platted but undeveloped NB - 2.8 acres and RB - 3.2 acres. The majority (approximately 98%) of the site also lies within the 1 mile radius of the Hilltop Plaza neighborhood commercial node (NE corner of Pilot Knob Road/Diffley Road) which includes the strip center and PDQ convenience gas. The southernmost portion of the site falls within the 1 mile radius of the Thomas Lake Center neighborhood commercial node (NW corner of Cliff Road/Thomas Lake Road) which includes the strip center, Texaco convenience gas, free-standing video store, and the recently approved free-standing quick oil change facility. General Commercial Land Use Working Policies - The key General Commercial Policies are (b) and (c) which state that 'Commercial development should be restricted to those areas prescribed in the Comprehensive Land Use Guide Plan and Zoning Map and should be developed as complete nodes in order to avoid spot or strip commercial development' and that 'Adding commercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist.' The area under consideration is prescribed in the City's Comprehensive Land Use Guide Plan as D -II, Mixed Residential (0-6 u/ac) and the existing RB zoning on the approximately 2 acre remnant parcel is a cavy -over from a 1%8 rezoning. Also, the proposed Amendment request does not include a reduction in the City's commercial land inventory elsewhere and there does not appear to be a gap in coverage from existing service areas. The applicant believes their requested Amendment is consistent with general policy (a) that states /a � Planning Report - Rottlund Amendment January 23, 1996 Page 6 'Commercial development should promote a diversity in tax base and employment opportunities and maximize the return on investment to Eagan's infrastructure; however, the City's Land Use Guide Plan has always designated the Bieter/Franz area as mixed residential. The 17 acres of land south of Diffley on either side of Johnny Cake Ridge Road is zoned RB and Blackhawk Plaza (which includes 6 acres of platted and undeveloped NB/RB zoned property) at the NW quadrant of I -35E and Diffley Road reflects commercial intensity that takes (or will take) advantage of the freeway interchange and the associated infrastructure investment. Neighborhood Commercial Working Policies - The key Neighborhood Working Policy is (b) which discourages establishing new neighborhood commercial nodes unless they do not overlap an existing Neighborhood Commercial node's service area and when the population density can support an additional node. The Bieter/Franz property falls within at least one of three existing neighborhood commercial service areas. While freeways and principal arterials are considered barriers to a node's service area in the Land Use Study, it is not realistic to assume that neighborhood traffic from the Diffley Road/Johnny Cake Ridge Road area will not migrate west of I -35E to utilize existing service retail at Blackhawk Plaza. Also, the residential development trends over the past several years in this area and the amount of developable land available do not support additional commercial development based on population density in this general area. SUMMARY/CONCLUSION The City completed a Commercial Land Use Study, Commercial Market Analysis, and adopted Working Policies for directing the type, scale, and characteristics of commercial development in early 1994. These reports and policies are to be considered when reviewing requests for commercial development and/or proposed additions of commercial land to the existing stock. The Commercial Land Use Study recognizes that hotels/motels, under certain circumstances, can be suitable in a Neighborhood Commercial area and at this location, a proposed commercial development could certainly be designed to be compatible with the future development on the Bieter/Franz property. On the other hand, providing additional commercial land does not appear to be consistent, from a broader, comprehensive land use perspective, with the Working Commercial Land Use Policies adopted by the City. This area appears to be adequately served by the Blackhawk Plaza, Hilltop Plaza, and to a lessor degree, the Thomas Lake Center neighborhood commercial areas. Population densities anticipated in the immediate area have been reduced dramatically within the past five years with the down -zoning of almost 80 acres from R4, Apartment to R-1, Single Family. There is also a total of approximately 23 acres of existing, but undeveloped, property zoned NB and RB west of the site at Blackhawk Plaza (6 acres) and across the street from the subject site on the south side of Diffley Road (17 acres) that will provide additional service coverage to this area. Based on the information gathered and conclusions reached in the study reports, there does not /a3 Planning Report - Rottlund Amendment January 23, 1996 Page 7 appear to be a compelling reason to add more commercial land to the City's existing inventory, particularly at this location. If it is determined that commercial development is not appropriate on this site, some future action will be required to bring the Zoning Map into conformance with the Comprehensive Land Use Guide Plan as it pertains to the 2 acre remnant parcel zoned RB. ACTION TO BE CONSIDERED To recommend approval or denial of a Comprehensive Guide Plan Amendment ganging the Land Use designation of approximately eight acres from D -II, Mixed Residential to RB, Roadside Business. r/ tai � � .. - a ��1J� •K �[�� . i / _. +`�,+� t►.rR \ j� /� ► _ �_. Js is a 004 �\ SSM >7fL w�[ /� % s• \\`1i `E(� Rvv,1JJ�'' i �;tM Vii; Alf Oi�J�'�t• I •_ Y T �i( SLUR ^ _ .. `s d ' - N PARK 52 �± PARKS +• —tr +* • [ �,�i'� �•P Rr I`j c , fyC i Tsai[ TLt OOO ejwcsMus� an t�..L.i ' • ARWEUW O O ., j rr Q r�'''•C�� BERRY ARk v p A K 1 �[.mr..R .w aCA.sw ..�.• p�[R �ivl/� `J /r 1 :li V • .� A. ON XL ��I.. ''^ D! �. ✓. � � . rww �, it �\ 'iA' /I' $ �.w. ��~ ' , .A' 1 �` •. • Fc ID �� / ERCREE. >�L ARS WL 43 ®p 9�J �= � •.AR .a.g '; ARK LAKES r, c�' �• PARK (fess 4 46 + 4 O Vr, ` • �i MOWS DfRroCSs RAMI e' 0. f PARKCl -� a!Dl or ICLrr I ROAD ALil+u — �3 — I 99 a - _ r._ / I . • �WfMOK 'I •r B6 NAPM WA, to � -. e ��,�f • tK�*Ow NALDEN HE S I KETT •1• s; Y ►+ ✓ • :I i� PARK ' I l PARKvLrw /ji J r P ca w R `% cwt vy s I �Tt� I�f- COGRSE GEORGE 1 � �`' �'RT�}L�i Q• I AC01 l LT � •M ` I O.iMANN 123 PARK 4 i E 3b I I ''rte s . 1- WO n, t we• f • �� It. www.• J Neighborhood Commercial Nods Service Areas (1 -mile radiuST [ Mrs M % Cli mom fa s '� " �� 1 ',,•�- rte• � `' � � ' • �•�".•� � t� � rye►" • � iWF IiPMn Z , � �• �f 'rst 41 i • � e.. 1` / • FLA" EXHIBIT A w�. bqqqh�hllbm /d 7 Cu=&.►T /a� G,MOW NE►.t5�� F�� Md'� .s'/ rr .� �� •K F� I. / II � "•;� to W •; Mi. LEBMION t TWR + rfK* OF ZONING ZONING LEGEND :K-691".14L Some • t•7 rfuwr�y Fw-.V.. • ...� t•. -Afutp�u. ttw'e-1t LEGEND r 4.6 _san[.m" ww• a%,..% tttttlW I-1 L•1 ' t•I _[UCTIM rIT �t1(tI14 g EAGAN TOWNSHIP ,,. t[[.. Mit .. � �- Ila WOR MAIM., tm"= "" son M tt. atttt��. t� t .-t t•f • ttt _ltftt? w9 K-96OW-1 seem" "" ..,.. t==:==-________ ZONING MAP t _.oLm F.t,.,.9[ ratty ~ v �. ..� t _twsWLrwl Y/ rw�- Agenda Information Memo February 20,1996 Eagan City Council Meeting D. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - U.S. POSTAL SERVICE INFORMATION ADDITION ACTION TO BE CONSIDERED ► To approve or deny a Preliminary Planned Development to allow a 400,000 sq. ft. information and accounting services office building on 27.7 acres located within the LaukkaBeck Planned Development. To approve or deny a Preliminary Subdivision consisting of one lot on 27.7 acres currently platted as Outlots C and D, Lone Oak Addition, subject to the 19 conditions listed in the Advisory Planning Commission minutes. FACTS The subject site is part of the 452 acre LaukkaBeck Planned Development which received preliminary approval in February 1985. Specifically, this site is part of the Waukovia Eagan mixed-use development located east of T.H. 149 between Northwest Parkway and Lone Oak Parkway in the Waters Business Park. The postal service operation will initially employ around 750 people with expansion plans up to around 900 people by the year 2005. Due to the extremely low turnover of their employee parking, U.S.P.S. is proposing all parking, except handicap stalls, be constructed and striped at 9' widths. All plans regarding setbacks, landscaping, building height, grading, drainage, utility, and access are acceptable. ► A public hearing was held by the Advisory Planning Commission at their regular meeting of January 23, 1996 and approval was recommended subject to the 19 conditions as amended, listed in the staff report. No. Since the public hearing, the U.S.P.S. has further refined the building design to provide for a possible future expansion (50,000 sq. ft.) of the computer/data processing area. This feature results in a loss of 37 on-site parking stalls that, based on the U.S.P.S. calculation, was over -parked by 101 stalls. ISSUES ► The developer has provided an on-site pond for water quality purposes on the preliminary plans and contends that all storm water management obligations, including those for water quality treatment, have been met through the granting of drainage and utility easements on wetlands within this Planned Development, but outside this particular subdivision. While these easements appear to have satisfied some flood management issues, staff believes that they have not and were not intended to satisfy water quality concerns. / The City Attorney concurs with staff s position regarding the water quality issue. At their regular meeting of January 16, 1996, the Advisory Parks, Recreation, and Natural Resources Commission recommended that on-site ponding (as shown on the U.S.P.S. preliminary site plan dated 1/5/96) be used to meet water quality mitigation standards. BACKGROUND/ATTACHMENTS (3) 2/14/96 Letter from the U.S.P.S. through C chitects, page*�rough/ 31. APC minutes of JanuaWZ3, 1996, p es through . Staff Report, pages through Bruce M. Carlson, AIA Patrick G. Blees, AIA February 14, 1996 Mr. Mike Ridley Senior Planner CITY OF EAGAN 3830 Pilot Knob Road Eagan, IVIN 55122-1897 CMA P.A. Northwestern Building 219 North Second Street, Suite 301 Minneapolis, Minnesota 55401-1454 Office (612) 338-6677 Fax (612® 7FEB51996 C .1 A 4 kA Ajlk CMA P.A. Water Gardens Place 100 East 15th Street, Suite 105 Fort Worth, Texas 76102-6500 Office (817) 877-0044 Fax (817)877-0418 RE: Preliminary Plat and Preliminary Planned Development Minneapolis Information/Accounting Service Center (U.S. Postal Service Information Addition) Dear Mike: Per our conversation of February 12, 1996, the U.S. Postal Service has re- quested the following items be included as an attachment to the Preliminary Planned Development and Preliminary Subdivision conditions described in the City of Eagan Planning Report - USPS January 23, 1996. 1. Preliminary Planned Development (PD) Agreement - Page 8, Item 1: a. Due to recent design refinements the Postal Service requests a 400,000 square foot building in lieu of the 324,000 square foot building. indicated. The initial structure will be approximately 350,000 square feet as discussed at the January 23, 1996, Planning Commission Hearing. The additional 50,000 square feet is to provide for possible Computer Room and Data Processing expan- sion. As a clarification to paragraph 2, page 5 - portions of the lower level will be exposed above grade on the south side of the building. 2. Preliminary PD Agreement - Page 8, Item 3: a. Due to recent design refinements the Postal Service requests 1,260 parking stalls, 9 feet wide with 453 stalls in a designated proof -of - parking area, in lieu of the 1,297 stalls with 489 in a designated proof -of -parking area as originally submitted. 1,260 stalls will exceed the minimum parking required by the City of Eagan by approximately 64 stalls. The Postal Service seeks to provide adequate parking for the building now and in the future. How- ever, prior to agreeing to enter into a Proof -Of -Parking Agree- ment, the Postal Service reserves the right to review the agree- ment for scope and intent. Mr. Mike Ridley CITY OF EAGAN February 14, 1996 Page Two 3. Preliminary PD Agreement - Page 8, Item 4: a. Along with the Brick and Glass exterior materials indicated, the Postal Service seeks to add Remanufactured Stone and Stone to the exterior building materials indicated. Stone was added to the material list at the January 23, 1996, Planning Commission Hearing. Local examples of buildings using remanufactured stone include the Northwest Airlines Headquarters, Minneapolis Convention Center, Minneapolis Federal Reserve (currently under construction), Macy's (Mall of America) and the Target Center in Minneapolis. 4. Planning Report - USPS, Page 6, Paragraphs 3, 4, & 5, referencing the proposed detention basin: a. The submittal drawings indicate a detention basin as requested by the City of Eagan. The Postal Service is currently investigating this requirement and may seek further discussion with the City of Eagan regarding this issue. Thank you for your attention to this project, if you have any questions please call. Sincerely, C.M. ARCHITECTURE, P.A. r Dou as D. Pierce DDP/amf 2/14/96 cc: Phil Ferrari Ramon Rego CMA (3) Page 27 January 23, 1996 ADVISORY PLANNING COMMISSION PRELIMINARY PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION - UNITED STATES POSTAL SERVICE Chairman Miller opened the next public hearing of the evening regarding a Preliminary Planned Development and Preliminary Subdivision (U.S. Postal Service Information Addition) consisting of one lot on 28 acres for a United States Postal Service Information and Accounting Service Center on Outlots C and D, Lone Oak Addition located east of Trunk Highway No. 149 (Dodd Road), south of Northwest Parkway, and north of Lone Oak Parkway in the west 1/2 of Section 1 and the east 1/2 of Section 2. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff s planning report dated January 18, 1996. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the applicant's request. Mr. Ridley noted that the applicant has revised its plan to include a 350,000 plus square foot building, rather than 324,000 square foot as stated in the report. The applicant's architect, Doug Pierce, was present for comment. He stated that the applicant has not yet responded to the staffs report. Mr. Pierce stated that the building exterior would most likely be built with brick, but the applicant would prefer some flexibility as to the permissible materials to include the use of stone. Mr. Pierce further stated that with respect to the detention basin requirement, the applicant would request time to investigate the feasibility and need for the basin. In response to Member Frank's inquiry, Mr. Ridley stated that the detention basin recommended by staff will handle any pollutant problems as a result of the runoff from the development. In response to Member Frank's second inquiry, Development Design Engineer John Gorder advised that the cost to United States Postal Service for the installation of a stop light would be approximately $125,000.00, although Minnesota Department of Transportation may pick up a portion of the cost. Member Segal moved, Member Burdorf seconded, a motion to recommend approval of a Preliminary Planned Development consisting of one lot on 28 acres for a United States'Postal Service Information and Accounting Service Center on Outlots C and D, Lone Oak Addition located east of Trunk Highway No. 149 (Dodd Road), south of Northwest Parkway, and north of Lone Oak Parkway in the west 1/2 of Section 1 and the east %2 of Section 2, subject to the following conditions: PD Agreement 1. The City approves a 350,000 SF, 80' tall building on the future Lot 1, Block 1, US Postal Service Information Addition. �J� Page 28 January 23, 1996 ADVISORY PLANNING COIvIlvIISSION 2. The City approves the preliminary site, grading, utility, and landscape plans dated January 5, 1996. 3. The City approves 1,297 - 9' wide parking stalls, 489 in a designated proof of parking area. The USPS shall enter into a Proof of Parking Agreement. 4. Exterior building materials shall be brick, glass, stone or stucco accent material used on the Waters office/showroom buildings located south of the subject site. 5. The City and the USPS shall enter into a Final Planned Development Agreement. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan * Final Landscape Plan * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the Preliminary Planned Development, the Final PD may proceed to the City Council for approval. Trash Enclosure/Rooftop Mechanical 6. All trash/recychng containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. 7. All rooftop mechanical equipment shall be screened from view - Signage 8. All signage shall comply with the City Code standards. Maintenance 9. All building, parking/drive aisle, and landscaped areas shall be properly maintained. 10. All landscaped and green areas shall be served by an underground irrigation system. All approved in favor. 57 Page 29 January 23, 1996 ADVISORY PLANNING COMMISSION Member Segal moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (U.S. Postal Service Information Addition) consisting of one lot on 28 acres for a United States Postal Service Information and Accounting Service Center on Outlots C and D, Lone Oak Addition located east of Trunk Highway No. 149 (Dodd Road), south of Northwest Parkway, and north of Lone Oak Parkway in the west %2 of Section 1 and the east V2 of Section 2, 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, Bl, B2, B3, B4, Cl, C2, C4, DI, El, Fl, G1, and Hl. 2. The developer shall plat the property. Streets/Right-of-Wav 3. The USPS shall be responsible for the construction of the median openings within Lone Oak Parkway and Northwest Parkway to accommodate the proposed traffic turning movements. 4. The USPS shall remove the existing public street access and left -turn lane to the site at Lone Oak Parkway and Lone Oak Drive. 5. The USPS will be responsible for the vacation of the existing drainage and utility easement between existing Oulots C and D prior to Final Subdivision approval. 6. The USPS will be responsible for the costs related to the traffic signal system at Lone Oak Parkway and TH-149. 7. The traffic signal system at Lone Oak Parkway and TH-149 shall be operational prior to USPS occupancy of the building. Tree Preservation 8. The USPS shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) ai the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The USPS shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. All approved in favor. 39 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 1996 CASE N: 2 -PP -33-11-95 APPLICANT: United States Postal Service HEARING DATE: January 23,1996 PROPERTY OWNER: First Bank National Assoc. PREPARED BY: Mike Ridley REQUEST: Preliminary PD, Preliminary Subdivision (USPS Information Addition) LOCATION: 2750 Highway 149 (approximate) COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD - Planned Development SUMMARY OF REQUEST The United States Postal Service (USPS) is requesting approval of Preliminary Planned Development to allow a 324,000 SF information and accounting services office building and a Preliminary Subdivision consisting of one lot on 27.7 acres currently platted as Outlots C & D, Lone Oak Addition located east of Trunk Highway 149, between Northwest Parkway and Lone Oak Parkway in the Waters business park. 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. (31 Planning Report USPS January 23, 1996 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 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 subject site is part of the 452 acre Laukka-Beck Planned Development which received preliminary approval on February 19, 1985, for a term of 10 years. In 1983, an Environmental Impact Statement (EIS) was prepared for the Laukka-Beck site in conjunction with a proposed horse racing track on a large portion of the property. Four alternate development plans were analyzed as part of the 1983 EIS study. The fourth alternative, which was most similar to the approved LAmAkka Beck Planned Development, included mixed commercial uses for the proposed site. The EIS was updated to reflect the actual approved Laukka-Beck Planned Development and adopted by the City Council by resolution on April 23, 1985. 140 Planning Report - USPS January 23, 1996 Page 3 Three Indirect Source Permits (ISP) have been approved within the Laukka-Beck PD: 1. Northwest Airlines (NWA) Corporate Headquarters, ISP 854 ISP issued 5-9-85 Project site = 156.4 acres Total development = 845,090 SF (395,000 SF existing) Total parking spaces = 3,760 spaces (1,854 existing) 2. Cray Research, Inc. Mixed Use Development, ISP 92-11 ISP issued 9-3-92 Project site = 137 acres Total development allowed 1,489,000 SF (474,700 SF existing) Total parking spaces = 5,074 spaces (946 existing) 3. Wachovia Eagan Mixed Use Development, ISP 92-12 ISP issued 9-4-92 Project site = 130 acres Total development = 1,096,501 SF (145,370 SF existing) Total parking spaces = 6,658 spaces (801 existing) EXISTING CONDITIONS Site - The western edge the site contains significant vegetation located between the two waterfall entrance monuments. There are a mixture of coniferous and deciduous trees planted around the perimeter of the site, none of which meet the significant size requirements established by the City. The remainder of the site is open grassland with slight changes in grade elevation. The subject site is part of the Wachovia Eagan Mixed Use Development located within the Laukka-Beck Planned Development. To date, 26 of the 130 acres has developed (Waters office/showroom - two buildings, 145,370 SF total) and 801 of the allowed 6,658 parking stalls have been constructed. USPS - This USPS function currently employs approximately 750 people and operates at a facility near Fort Snelling in St. Paul. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - UndeveIoped, zoned PD and designated CPD. South - Waters multi -tenant office/showroom, zoned PD and designated CPD. East - NWA/Undeveloped, zoned PD and designated CPD. West -TbE Coatings/undeveloped, zoned Limited Industrial, and designated Industrial. Planning Report - USPS January 23, 1996 Page 4 EVALUATION OF REQUEST A. Preliminary Planned Development Compatibility with Surrounding mea - The USPS proposal should compliment the existing development within this PD. The accounting and payroll facility should work well and be similar to the existing NWA and Cray Research corporate office functions in the this business park. Phasing - The USPS intends to develop the site in a single phase; however, the decision to move forward with this development will not occur until some time after Preliminary Planned Development and Preliminary Subdivision approval by the City. After preliminary approval has been received, the ultimate decision to develop the site will be made by a USPS Board of Directors in' Washington, D.C. Setbacks - All building and parking/drive aisle setbacks are met. Parking - The City Code requires on-site parking for office uses to be calculated at one parking space for every 150 SF of net leasable office space. Staff has used 80 percent of the gross square footage to determine net leasable space. Over 100,000 SF of the proposed office building will be occupied by computers and equipment so the USPS has removed this square footage from their calculation of office space subject to parking requirements; however, they have added 40 spaces to the required parking to reflect the 40 data processing employees that will occupy this large area. Based on the preceding information, the USPS is providing parking on the basis of a gross leasable office area of 216,723 SF plus 40 data processing stalls. Using this scenario, the on-site parking required for this proposal is 1,196 spaces (216,723 x 80% = 173,378/150 + 40 = 1,196). The proposed site development plan accommodates a possible total of 1,297 stalls; however, the USPS is proposing to construct 808 spaces with additional space designated as proof of parking for 489 spaces. Given the amount of employees and the potential for 489 more stalls to be added, the parking proposed should be adequate. All 1,297 parking spaces are proposed to be 9' wide. The applicant is aware that the City's policy is to require 10' wide stalls but, the USPS believes that 9' stalls will be adequate given the extremely low tum -over of their employee parking. Landscaping - The preliminary landscape plan is acceptable. The plan provides landscaped berming around the entire parking area perimeter as well as planting islands within the parking lot. Additionally, the existing wooded area on the west edge of the site contains a large number of mature trees that will be kept intact. I �� Planning Report - USPS January 23, 1996 Page 5 Architecture - The USPS has not progressed to a point where they are able to define specific exterior building materials; however, the Waters office/showroom development is located across Lone Oak Parkway from the USPS site and both of these buildings are constructed of brick and glass, with stucco accents. The USPS should provide a similar exterior that can be reviewed as part of the Final Planned Development. Heigh) - The proposed four-story building will have a lower level below grade and a fifth -story penthouse. The height of the building from grade is 80'. The maximum building height allowed by City Code is 45' in the Research & Development Zoning District, which is one the generic allowed uses provided for in the Laukka-Beck PD. Building heights above Code maximums are normally handled as conditional use permits (CUP), however; under the PD the building height proposed can be accommodated within the Preliminary and Final PD agreements without a separate CUP process. The City Code requires buildings that exceed height limits to meet more stringent setback requirements. The front building setback must be at least 3/4 of the building height and the side and rear setbacks must be at least 1/2 of the building height. The USPS proposal meets or exceeds these requirements. The USPS has contacted the Federal Aviation Administration (FAA) to determine if the proposed building poses any safety hazards in relation to air traffic. Runway 29 Right has an elevation of 819' and the proposed building's highest elevation is 965'. There are approximately 3.75 miles between the end of the runway and the subject site. The FAA regulated airspace begins approximately 198' above runway elevation at the property location which is approximately 52' above the highest building elevation proposed. Rooftop Mechanical - All rooftop mechanical equipment should be screened from view from any public right-of-way. The USPS has not prepared elevation drawings for the proposed building. Trash/Recycling - The site plan does not show an outdoor trash/recycling area. All trash/recycling containers should be stored indoors or in an enclosure attached to the principal building and constructed of similar materials. Signage - A signage plan has not been submitted. A signage plan will be required as part of the Final Planned Development and all signage should be consistent with City Code requirements. Lighting - A lighting plan has not been submitted. A lighting plan will be required as part of the Final Planned Development. B. Preliminary Subdivision I&t - The proposed subdivision will result in one 27.7 acre lot. /0 Planning Report - USPS January 23, 1996 Page 6 Grading/ Wetlands - The preliminary grading plan is acceptable. The site has been previously graded with construction of Lone Oak Parkway and Northwest Parkway. Maximum cuts of 6 feet are shown to prepare the site for development. The grading plan also indicates the proposed construction of 4 to 10 -foot high berms on the south, east and north edges of the site. There are no jurisdictional wetlands within this proposed development. Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. Storm water runoff from the. site will be conveyed through an internal storm sewer system to a proposed detention basin on the south edge of development. The basin will drain to an existing storm sewer within Lone Oak Parkway and which drains to Pond FP -7, classified as a Sediment Basin in the City Water Quality Management Plan. The developer contends that all storm water management obligations, including those for water quality treatment, have been met through the granting of drainage and utility easements on wetlands within this planned development but outside of this particular subdivision. While these easements appear to have satisfied some flood management issues, staff does not believe they satisfied water quality concerns. At their regular meeting of January 16, 1996, the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) recommended that on-site ponding be used to meet water quality mitigation standards because of the scope of the development and the large amount of impervious surface. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main stubs were previously provided to the site with previous utility and street construction. A. cess/Streets - The preliminary access plan is acceptable. The site plan indicates a employee/visitor entrance & exit from Lone Oak Parkway on the southeast edge of the site, an employee exit only onto Lone Oak Parkway at the northeast edge of the site, and a truck only access from Northwest Parkway on the north edge of the site. Northwest Parkway and Lone Oak Parkway are 4 -lane roadways with landscaped center medians. Openings in the existing center medians will be needed to accommodate turning movements for the proposed employee/visitor access and the truck only access. The developer should be responsible for the construction of these median openings. A median opening exists on Lone Oak Parkway that will accommodate the turning movements of the proposed employee exit -only access. According to the preliminary site plan, an existing curb cut located at the southern edge of the site will not be used. The developer should remove the curb cut, install curb & gutter, and enlarge the median to remove the left turn lane. Planning Report - USPS January 23, 1996 Page 7 City staff previously determined that additional development east of TH 149 would necessitate a traffic signal system at the Lone Oak Parkway/TH-149 intersection. In light of the USPS application for development, the Public Works Department has proposed this improvement as part of the City's 1996 Capital Improvement Program (CIP) project list. The USPS will be responsible for the cost of this improvement and the signalization project should be complete prior to occupancy of the proposed postal facility. Easements/Rights of Way/Permits - A 20 -foot wide drainage and utility easement centered on the common lot line between Oudots C and D was dedicated with the platting of Lone Oak Addition. Since the developer is proposing to combine Outlots C and D and the easement does not serve an existing utility, this easement can be vacated. The developer will be responsible for vacating this easement at the time of final plat approval. Tree Preservation - The grading plan indicates that there will be no encroachment into the significant wooded area located along the west edge of the site. At their regular meeting of January 16, 1996, the APRNRC recommended to Council that the developer shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant treestwoodlands to be preserved and that the developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation - The developer is not subject to park or trail dedication. SUMMARY/CONCLUSION The proposed land use is consistent with that approved as part of the Laukka-Beck Planned Development. This is not a retail postal facility that will have customer traffic mixing with the employee or service traffic. The proposed site and landscaping plans will provide a compatible development to this area There will not be any parking constructed between the building and the north, south, or west property lines and the landscaped islands within the proposed parking area will break-up the appearance the 800+ car parking lot. The site plan provides a sound traffic circulation pattern that separates the semi -truck and service traffic from the employee/visitor passenger vehicle traffic. ACTION TO BE CONSIDERED To recommend approval or denial of a Preliminary Planned Development to allow a 324,000 SF information and accounting services office building on 27.7 acres located within the Laukka-Beck Planning Report - USPS January 23, 1996 Page 8 Planned Development, specifically located east of T.H. 149 between Northwest Parkway and Lone Oak Parkway. and To recommend approval or denial of a Preliminary Subdivision consisting of one lot on 27.7 acres currently platted as Outlots C & D, Lone Oak Addition. Approval subject to the conditions listed below. Preliminary Planned Development PD Agreement 1. The City approves a 324,000 SF, 80' tall building on the future Lot 1, Block 1, US Postal Service Information Addition. 2. The City approves the preliminary site, grading, utility, and landscape plans dated January 5, 1996. 3. The City approves 1,297 - 9' wide parking stalls, 489 in a designated proof of parking area. The USPS shall enter into a Proof of Parking Agreement. 4. Exterior building materials shall be similar to the brick, glass, and stucco accent material used on the Waters office/showroom buildings located south of the subject site. 5. The City and the USPS shall enter into a Final Planned Development Agreement. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan * Final Landscape Plan * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the Preliminary Planned Development, the Final PD may proceed to the City Council for approval. Trash Enclosure/Rooftop Mechanical 6. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. / V( Planning Report. - USPS January 23, 1996 Page 9 7. All rooftop mechanical equipment shall be screened from view. S. All signage shall comply with the City Code standards. tenance 9. All building, parking/drive aisle, and landscaped areas shall be properly maintained. I0. All landscaped aad green areas shall be served by an underground irrigation system. Preliminary Subdivision Smdwd Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B3, B4, Cl, C2, C4, D1, E1, F1, Gl, and Hl. 2. The developer shall plat the property. Streets/Right-of-WIM 3. The USPS shall be responsible for the construction of the median openings within Lone Oak Parkway and Northwest Parkway to accommodate the proposed traffic turning movements. 4. The USPS shall remove the existing public street access and left -tura lane to the site at Lone Oak Parkway and Lone Oak Drive. 5. The USPS will be responsible for the vacation of the existing drainage and utility easement between existing Oulots C and D prior to Final Subdivision approval. 6. The USPS will be responsible for the costs related to the traffic signal system at Lone Oak Parkway and TH 149. 7. The traffic signal system at Lone Oak Parkway and TH-149 shall be operational prior to USPS occupancy of the building. Tree Preservation B. The USPS shall install tree protective measures (i.e. 4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/Woodlands to be preserved. 9. The USPS shall conumt the City Forestry Division -at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. FINANCIAL OBLIGATION - USPS IASC There are pay-off balances of special assessments totaling $11,773 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Water Trunk C/I $1,765/Ac 25.4 Ac Water Availability Charge CA $2,785/Ac 27.8 Ac Total / 4f $ 44,831 77.423 .Y —�rrrr yrs ' •�': rl r I -. d1p II j Irk , ApYANCE SURVEYING ENGINEERING fQ .rrr.,r ""`"'L_ `"" U.S. POSTAL SERVICE INFORMATION ADDITION aYti6t \r..arr OriJ1� r.rrw. rro.•r..a•..w..rr\.r.rrr\r..r....lwr •.ra wrr r\r.r..r�r.r wrr rr�r� r.rrc\n. / .- •..rr r*r .r..r•\.�r..r..�.M.w rawcrswra. .- rrr. r rr...rr rtr\.arrrr.r w.rr...\r—r.ar+. rrrr:..rrrr. ! y\rr.-•rw�rrrrgrrr-►•rn\r�•r-\Ir.11iY � ` ` • - I Irr •Irrrrrrr-rrl—••r.-.r. � � s �" ver ww • r 1� fY xa-M fig rew r _ .r `�J7 un WORK PAniamG rr.r •a r�.ar� w r ~ u r`_ _ 1 UNlTEDsum ation / ccoun 1P1/lCE ACCOUUNNTIING SERVICES CES INFORMATIONNTER `SITE PIAN i Ply Information / AeeouMlny DESIGN /BUILD SOIJCRATION A WILL Service Confer DESIGNMMUrA B MW M awn R+7Euh PREIMNARY PLAT SOBWMAL MINNEAPOLIS fN:Ol1:[,T,GN / GRADING PLAN !—s�SJz"� 3 iiAfilEInformation rrnatlo�n // Accounting SERVI� ACCOUNTING SERVICES CtNfER DESIGN / BUILD SOLICITATION C 1 -... - �.� �� +�.�. 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MN a:. p x4 1 MI N1pagq Y/ardl. a a��ItI PA. u hlwa O�reas el rL. now" are Aw a � Iw memo W m 4L ab 4 " mpwim"A UML60W knew T Ilf�.�pr s "Owl 40 qa TMa nweerA—p" Y r ob _ 1 d<.Ip W= ft"""01A aL. jq e�rMt WxwA L wwr.: �` rwrylR arwww l .r w. w�� ww..�w essaaa rre�a�asw velar Cal 10- 1 W-1— w �.w.r f�+�+ PREIRRNARY PLAT SUBMRTAL UNITED STdTES POSTAL SERVICE MINNEAPOLIS INFORMATION GENERAL LANDSCAPE PIAN M � Information / Accounting ACCOUNTING SERVICES CENTERt �s^sr` ....� — — Service Center DESIGN /BUILD SOLICRATION 1:. w. Ll MINNEAPOLIS. MN a:. 6Ao1 new Ulu ua vaia lCAM Illt-1'-W 2 NORTH MASSING STUDY 3r= 1/1ir-I'-W t�3u1: fJNfTEDSTdTES AQSTdL SERVICE InfenneMon / AeoowNl q Servloo Center INnnoop is I wDomimm 1d ocrrwrn IAN Q 4nnq Land r =- 0 ...[ �,•� /L.r�•h•rt • wrr.r �.�• wMM$eee OWN r M t t .w � �j � i w•n e s � VICINITY MAP ra iira w� .iw�>• w r B: t� w r�•warrr I [P`°' r PREIMARY PIAT SUBM "AI uNI wsurES POrnu,i R1RCF ' MINNEAPOLIS INFORMATION / UTILITY PLAN t��• 'a ACCOUNTING SERVICES CENTER rrw Information / Accounting DESIGN / BUILD SOLICITAi10N C2 y;�! �,�� Service Center MINNEAPOLIS, MN AeYAN[Z lr�tT1711ri / JtAIpMLRIMC 010. eeemmaju•s CMA [e[ea —A— nrr i•M. r•. �r•rrrr•r.rr••r�,.rw `i.w.•i.:» r••r.rrr_r •r•rrr.r i it .rrrrr.r...•r...rr_ .:un:r.w.rr �rrrw..r.r r r r•� yrr.r�r.rrr...•rr..r wrrG•.rrrr • •... Y�r1.,. rrAM1 �.•Y M1.�.wf11!•Qw.Y • r✓•..� rr•�rs•r� a.�r•P.•.�rr+• T�•r••Ler♦r.41r_. ,��.•�w.rrrrwrrr. rrr M [.• r'•• � ear U.S. POSTAL SERVICE INFORMATION ADDITION C~ P• } . Tom" I - C.`3� .. �.SSL'".. ' meters-� 1 f MWA[C idOL.RerV [ M LEGEND Water Trultt Mehr AoMMIRtr Cherge •v i �.i�•,�£��j,s ~'4 ., ter.. ^�C �. I/ 1l — - lRPIe{gyp.. ,�E71f .� ]rea •.`moi _. -- __ .Q�`0.,c6+'� � a . . J r, r rr,.rr..P.rrr. rrr►r•r.rrr. •. Planning Report— 494/55 Comp Guide Plan Amendment February 27, 1996 Page 6 The land use amendment is needed because the existing CPD designation does not provide clear direction to guide future development, there is a limited need for additional commercial development in the City, and to accommodate Mr. Allen's proposed business park development. The primary concerns expressed by residents and property owners with regard to land use were how a change from CPD to BP would affect property values and traffic circulation. A. To recommend approval or denial of a Comprehensive Guide Plan Amendment to establish a new land use category entitled "BP - Business Park", including corresponding city wide and area specific policies as presented in Exhibits 5_ and Ci. B. To recommend approval or denial of a Comprehensive Guide Plan Amendment to redesignated approximately 235 acres from CPD (Commercial Planned Development) to BP (Business Park) land use, for property located south of I-494, east of TH 149, west of TH 55 in the North 1/2 and part of the SE 1/4 of Section 2. S. 0 Lo CITY OF EAGAN EXISTING LAND USE AU�yk kIly '..N01 CPD Gamnnttrct a l P4� n n bevGio.r�t' IND P PArK PF Pwbtic, ci l c N B Wu' Whod 5(6(Atzh 2/16/96 roadways, with easy accessibility and a high degree of visibility, as well as locations adjacent to commercialtretail/office development (e.g. Central Area; along I-494) 4. The City will support Business Park development in area of at least six (6) acres to ensure sufficient size to create an identifiable presence as a cohesive development with adequate space for aesthetic treatment. S. Zoning classifications appropriate for the Business Park land use include Business Park (proposed) and Research and Development. �s7 2/16/96 in this area presents an attractive entry image. Area. Specific Policies The following working policies are intended to provide additional direction in reviewing development projects within the area bound by I494, TH 55 and TH 149. These are intended as interim policies to guide the transition from existing uses to future (Business Park) uses in this area. Policies: 1. The City expects the area bound by I-494, TH 55 and TH 149 to develop and redevelop over the next 10-20 years with business park uses. Existing residential and general business/'industrial uses are considered transitional, but the timing of the transition to business park uses should be a function of private market forces. The City will actively encourage the transition to business park uses through its general marketing efforts and consideration of potential future economic incentives. 2. The City will support the continuance of existing residential and general business/'industrial uses in the area until there is a strong indication of market support for large scale redevelopment with business park uses. The City will support rezoning of property with existing residential use to R-1 and rezoning of properties with existing general busines&rmdustrial uses to I-1 to allow them to exist as conforming uses until redevelopment occurs. 3. The City will support rezoning to Business Park or compatible zoning districts in areas of sufficient size to provide a cohesive development. The City will not support rezoning that would result in piecement, lot -by -lot redevelopment or that would result in further isolation of existing residential uses. 4. The City will strive to ensure new Business Park development does not negatively impact existing residential properties through the development review process, including enforcement of specific zoning standards and performance guidelines. /ff Planning Report - 494/55 Comp Guide Plan Amendment February 27, 1996 Page 2 Section 473.864 requires that amendments to Comprehensive Plans must be prepared, submitted and adopted in conformance with guidelines adopted -by the Metropolitan Council. All amendments to Eagan's Comprehensive Guide Plan, which must be submitted to the Metropolitan Council by the City Council. The City is required to adopt the Plan amendment by Resolution following consideration of comments received by the Metropolitan Council. Under Section 473.865, the City is prohibited from adopting any zoning control which conflicts with the City's Comprehensive Guide Plan or which permits activity in conflict with the Metropolitan Systems Plans. However, Section 473.858, Subd. 1 further states that the Comprehensive Plan "shall provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the Comprehensive Plan." ACKGROUND/HISTORY Need for New Land Use Cate¢ory - The existing CPD land use designation does not provide clear policies to guide future development. The Land Use Plan states that "CPD areas are expected to develop with a combination of commercial uses. The specific uses are determined by a Planned Development Agreement." The apparent intent was to review development proposals on a case specific basis to determine the appropriateness of proposed uses. The projected need for additional commercial development in the City is limited. According to a Commercial Land Use Study the City completed in 1994, the current supply of commercial land is greater than demand. It recommends a policy to discourage adding commercial land to the existing inventory unless the inventory is reduced in other locations. The study also acknowledged the vagueness of the CPD land use and recommended that areas with CPD designation be re -categorized to reflect better defined and more appropriate uses. In addition, our current Comp Guide Plan and Zoning Code do not clearly distinguish between pure light industrial uses and heavier industrial uses associated with I-2 zoning. Nor do we have a land use or zoning district that encourages a mix of office, light industrial and research and development uses. Recent market studies suggest that such a mix of uses is desirable. The proposed new Business Park (BP) land use designation would establish a clear policy framework to direct the location, type, scale and characteristics of future development in areas identified as appropriate for BP land use. PJM for Lane Change in tiffs Area - The area bound by I-494, TH 55 and TH 149 has developed with a mix of residential, commercial and industrial uses. Large portions remain undeveloped. Prior to 1988 the Land Use Map designated this area for Industrial (IND) and General Business (GB) uses. The GB portion covered the NE corner of the area. The CPD land use category was created as part of an August 1988 amendment to the Comprehensive Guide Plan. Subsequently, the entire area was redesignated CPD. The property was also zoned Planned l �� Planning Report - 494/55 Comp Guide Plan Amendment February 27, 1996 Page 4 of Blue Gentian (through Robins Addition) has been fully improved with utilities, pavement, curb and gutter. The western portion, through the residential area is not improved and consists of a gravel road surface and substandard width. It also has steep slopes, up from the improved segment, and down again to the traffic signal where Blue Gentian intersects TH 55. There are two other functioning access points along TH 55. One at Lawrence Ave. (by the Airliner) and the other, further south, which provides a second access to TMI Coating property and a vacant parcel. Access on TH 149 consists of Blue Gentian/Northwest Parkway (signalized) and at TMI Coating/Lone Oak Drive. This intersection is proposed to be signalized in conjunction with the proposed U.S. Postal Service Information Servicing Center development. City staff have met with MaDOT regarding access issues along TH 55. Mn DOT staff indicated that existing access points are not guaranteed; improvements, consolidation and/or new access points may be necessary to accommodate new development. MnDOT with work with the City on an access management study along this segment of TH 55. The results of that study are anticipated in 4-6 months. SURROUNDING USES North - I494, Mendota Heights East - The Waters, a few residences; designated CPD, zoned PD and A South - TH 55, light industrial; designated IND, coned I-1 West - TH 55, light industrial; designated IIID, zoned I-1 EVALUATION OF THE REQUEST ApRrQQriate Land Uses - There are several factors to take into consideration in determining what land uses would be appropriate in this location: existing surrounding land uses, accessibility, visibility, physical site constraints, and market trends. Given existing industrial land uses, the potential for high truck traffic, and susceptibility to airport noise this area appears to be more suited to commercial or industrial uses rather than residential development. In addition, the market demand for large scale commercial development in Eagan appears limited and there is currently high demand for flexible "hybrid" developments that blend office and light industrial uses. This suggests that a land use category that would accommodate such "hybrid" uses might be appropriate in this location. Alternatives - Three land use alternatives were developed for review and comment by the public and the APC prior to selecting the preferred alternative to focus on at the public hearing. Briefly these included: Alternative 1: Redesignated entire triangle area from CPD to BP Alternative 2: Redesignate 2/3 of area BP (RES/494, Blue Gentian residents) and the ffrATT Of Jd3AWTBSOTA taR box" =s I CANBLZW CONMOL BOARD .ANT PASD .#,R,WUAM VZVffT X L APPLZCATsox r' ., -_ . I _ -j cmac xo.- Z314PPR P2INT8D:11/30/95 ,ICENS8 MMSSR:'8-91760-001 FPBCTIVE DAT8: A6/01/94 ----EXPIRATION DATE: 45/31/96 OF CRGANIZATION: 4t ights -01 4001=bua •Council 1604 Z&gan . ::��:. •_�, - �.---...��_, �r -' - - '.+a -.=�iri�00 pA1�9E8 �fOiWITiON • UE OF JIMMM SLING SULZ *X fcharda Food A Liquors 165 S &" t Tr aSam 35113 s : ti• -r'Cott , ' j' . ' i" - `r• XWTY Jak+ota =38 TSB PREMISES IWATBD WITHIN TSE CITY_,LIMITS? : T :. �880R 314„ 4�R i�.7�ION DOES YOUR ORGANIZATION OWN THIS SITE?: No F 3T0, LIST 78E LESSOR: sat fers+y Assoc 163 S 1l0bazt Sr =agan 31(14 55113 - OF PROPERTY OWNER IMEEN NOT LESSOR): 'SQUARE FEET PER MONTH: 47 -'- AMOUNT PAID FOR RENT PER MONTH: 1000 QUARE FEET PER OCCASION: 0 „AMOUNT PAID PER OCCASION: 0 •--BINGO ACTIVI1. TY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT BTORAt3E ADDRESS 015 Sibl*y 3amiorial IW AND .1217.? r8/eleir •,Pr. Ac kagan 1104 55111 �.� ��,� /KN -4111= ZZPl2NIbTION mamba-_ Ahf-rr- Krrstwood La a WN 55133 LING thNK ACCOUNT SER -119294#424- NB LAS >?'iCCNi IW 3{E7M LIST TSB 1VL, ADDRESS AMID TITLE OF AT LEAST TWO PERSONS DRI ZED TO SIGN �CBZCRS AND 16 M DEPOSITS AND WITHDRAWALS FOR 788 GAMLING ACCOUNT. ORGANIZATION'S TREASURER MAY NOT BANDLB GALLING FUNDS. - s�lrQ�C•1�'� V -az 61UR8 TO L':OLxrz Tm RZVHRSB $IDS OV T8I8 APPLICATION) Z �'�.i `: _. �'y-�..'.� -• _.: - _ `E-I�Y �ti�T.Y..�Ea � Ji s�Yti-e} .. .' �- 4i. f.`S mug VMN 9= 11i Sam °m Awnwm vivanaT I .B ;t 6mz PRmT, -BRAILLE) VPON REQUEST a ��.....r-..i--►.-�..._ �.�,�.s.,�r...y�"T"s�++�`-;: �_-o,••., ,..��..�.....,; _ _r+3,�,,�,:•±r--i�,y�y,F.- .. - -.��..-.rte.. ._..�....r • r `_ - - - i-�.-�• •'�- Ski' s:J�-'.n.'�"- amllwo ramug" iUT80Axz&TIOR ._ - .• _ - .. - - I =MY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, �m GAME -LING 13O1TROL SOARD, OR AGENTS OF :TM BOARD, -OR THE a*lMISSIONER OF REVENUE DR IMBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, 70 ENTER THE PREMISES 'TO ENFORCE EE .LAW._ ._ . _ sum ■ECORD$ 33fool tiITICBi TIM %iMMLING CONTROL BOARD IS AUTHORIZED TO MISPECT TM BANK RECORDS OF THE GALLING ACCOUNT $R 'MCESSARY TO 1rUI. n& �QUlRzmzw S `OF 'LWltENT MMBLING N=S AND -S ATUTBS . lmw `ems - ♦ f, • I SAVE READ IBIS APPLICATION AND ALL 3WORMATION =BMIITED "TO''M 13RMIDLIM LONTROL •HOARD; ALL INFORMATION IS 22M , -ACCURATE AND CCIMPIJ E % ¢' -.ALL 'OTHER RZOVIRED INFORMATION HAS BEEN FULLY DISCLOSED;'g � - -I ]IM 4M CHIEF WMCUTIVE OFFICER -OF 4 8 ORGANIZATION: I ASSUME FULL IMPONSIBILI3'Y FOR MM FAIR AND I. UMM OPERATION OF ALL QALLING ACTIVITIES TO HE CONDUCTED; .._. x .� 2 *nZ'F"AMILIARIZE -MYSMS VX THB SAWS OF. SOTA 1WVERNX NG LAWFUL GAMBLING AND'RULES OF THE GALLING CONTROL BOARD AND AGREE, -IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS .-AND RULES, INCLUDING AMENDMENTS TO 'THEM; PINY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GALLING CONTROL BOARD AND -LOCAL UNIT OF GOVEP104 T WITHIN TEN DAYS OF THE CHANGE; - I MiDERSTAND THAT FAILURE TO PROVIDE REOUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING = 'INFORMATION MAY RESULT IN THE DENIAL ioa RSVOCATIOdd OF ma VREMI6E8 PERMIT. CHIEF EZ#CU`TIVE OFFICER 'DATE TOM PeGOVZPJRMZ T A=OWL IT 1. 'TM CITY* MUST 1110N THIS APPLICATION IF THE GALLING PREMISES IS LOCATED vnsiN"CITY T.ZNiITS. 2---= COUNTY** AND TOWNSHIP** JMUST -.SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED DR 13N 'IME COUNTY** IS -REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. TM LOCAL MIT OF ,GONSRNNE;NT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. S. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING =IS APPLICATION MAST BE ::iATTACHBD TO THIS APPLICATION. »- 6: IF 3'SIS APPLICATION IS DENIED BY -TBE LOCAL UNIT OF GOVSRNMENT,`IT SHOULD NOT BE SUBMITTED TO TM GALLING CONTROL BOARD. - l'CIu3HIP a - BY . SIGNATma S# mm, P ALT• VM ORGANIZATION 28 EIPPLYING FOR A QROUSBS PERMIT WITEIN.IMSHIP LIMITS. _ CITr* OR O01BiTY** 'lO�fl1'SffiP** > I'PY 43R Comm IBM �� _ �R'OMNS$IP .FD11B I 'OF VERSON 3t8CEIVIIQG APPLICATION -=.sIGNATURE OF PERSON RECEIVING "PLICATION 000 . TITLE ".. �___ — _.,.,`GATS 1RECEIVSD -�' -s- -fir- _..►TE RECEIVED `• �r�ir,rr �Isi�dr �73�►crAe+''7�S �19� .- " liFlR TO VIOL r CHECKLIST YOA azommm ArnAmmTS AM= TO: 40&MLMM METROL BOARD *A?11IW 10D01= AM i-:IFWXM 240 .B -,� : z•. I=35119 • ,.-•� ,,�. . r-... � � ;,rte;_::=::„� • _ . rthwest _4zars or AMOMOTA ; , ,.4"R BOARD 'USX ONLY Lr�a Boz D`caw•ea�/f�we�w _ :..::�A..' : 1A/NTTF�rP�AID � dpi zmzszs J�Mm XAMM L AFPLZCATZQ[� -., i ii'�:' ta�ti ;.fYt .• F �3' 4 W7a�.i\ ND. ' 214PPR PRINTED:11/30/95 _ DAT , ICENSE NUMBER: 8-02760-003 $FFSCTIVE DATE: V8/01/94 :EXPIRATION DATE: -05/31/96 OF -ORGANISATION: Xnights of 43Divabus Council 7604 Sagan - -_ -SLING RE1iI8ES iNFORIIATION .. . OF ESTABLISHMENT ARE .GAMBLING *=.az ACTED tacks saloon ` 125 -Dodd Ad gan 55122 Ewakata 3S THE IWXISES LOCATED WITBIN TER CITY LD[ITS? : -T. L11880R DiFONGU.'Y"ION OES YOUR ORGANIZATION OWN THIS SITE?: No F NO, LIST THE LESSOR: My- � • : • .; ary starts 125 Dodd Rd aaan NN 55122 WM OF PROPERTY OWNER (WHEN NOT LESSOR): Marks Z ipc MQUARE FEET PER MONTE: —73 S� AMOUNT PAID FOR RENT PER MONTH: 2000 �S¢UAR.E FEET .PER OCCASION: -AMOUNT PAID PER OCCASION: 0 E-r-SINGO ACTIVITY . BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS k025 Bibl*y KI rial Smy :. JVo /2 7 gap MR 55122 �-- �� SANK INFORMATION AVY 'Op'W& E;fc, '6629 srestwood Ln _ - iagan JW 55122 GAMBLING BANK ACCOUNT NUMBER: 111919448246 8i LIIR0 IlD S=I.OM LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS ORIEED TO •SIGN CHECKS AND JUJ 3 DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. ORGANIZATION' S TREASURER I&Y 1VT ISAI�TDLE GAMBLING FUNDS . ' * 4e'irr dr " �fYt /I _ --T: ••• 1RU SM TO 02XPLVrX TM 2XVUU AIRS Of T=2 APPLICATION) S ?ORDS WILL EE Sam SMAnA= IN -4RU7 Wmwr.Lvx VORNXT 11.8. R.ARGE PRINT, 4WAILLE) -DPON REQUEST AGM LING VR=agltg 'ArMRXZATXON 'I REMY GM CONSENT TO LOCAL LAW BNFOtczmE1T OFFICERS, 4m sAmLnmCONTROL BOARD, OR AGENTS F TER BOARD, OR THE COWISSXONER OF aZVENUR OR PUBLIC SAFETY, IDR AGENTS OF THE COMMISSIONERS, INTER THE PREMISES TO ENFORCE THE LAW. RICCORDS -INFOMILTXON GAMBLING CONTROL BOARD IS AUTHORIZED TO _IKSPECT'THE.'!9AM UNCORDS OF THE GAMBLING ACCOUNT IMCESSARY TO 3+ULFILL-RSQUIRBMENTS OF =RltENT 'GAMBLING RULES ,AND STATUTES 'DICIARR Sun: • I RAVE READ THIS APPLICATION AND ALL MlFORNATXON suRmnmo iro mm cvAmLniG caNTROL BOARD; JiLL INFORMATION IS TRUE, ACCURATE AM COMPLETE;; -ALL OTHER REQUIRED 33FFORMATXOK HAS BEEN FULLY DISCLOSED; I AN THE CHIEF MIECUTINTE OFFICER OF TER ORGANIZATION; 2 -ASSUME FULL RESPONSIBILITY FOR THE -TAXR AM LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; -I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL WARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, 3NCL10DXNG AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING AMNTROL BOARD AND LOCAL UNIT OF GOVERNMENT.WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING r. INFORMATION PAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. CHIEF ZXXCUTIVZ OTFICZR ,!an 'o / . J, 'DATE f om f6vzRm=T a=owuc==T "THE CITY* NUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY -LIMITS. I.- THE COUNTY** -AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS -:LOCATED WITHIN ATOWNSHIP. B.,- 'TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, -7= comrry** Is REQUIRED TO ATTACH A LETTER TO THIS APPLICATION 331DICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERMENT ICITY OR COUNTY) SfUST PASS A RESOLUTION SPECIFICALLY OR DENYING THIS APPLICATION. S. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MT BE ATTACHED TO THIS APPLICATION. 14. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF MEN TO _RNTf -'IT SHOULD 210T BE SUBMITTED 6 'THE 2MUMIG CONTROL BOARD. Ps BY SIGNATURE 'ml TURX SllLOff,Hm T(MNSHIP AM JlDGES THAT THE ORGANIZATION 18 APPLYING FOR A Sig Its JURNIT *ITEN -20 IINSHIP LIMITS. OR couzua** -OR COUNTY XW4E IGMATURE OF PXRSOK a=MVG APPLICATION simaTuRs or-,vmok itSCEIVING APPLICATION MATE RECEIVED --cm -RECEIVED m cR To C=cs=sT van Muguxa= arzw=ams SIL TO t 4DAMLXM CONTROL BOARD -"-2722 41 COMM 30 2 S ITE 300.4 "".4*061VILL11, = 85113 Fees: $200 investigation (non-refundable) City of E09an $60 license $8E0 Plot Knob Rd. License Term: July 1-june 80 Eopnn, MN 65122 CITY OF EAGAN Nt-"oo APPLICATION FOR MASSAGE THERAPIST LICENSE ftWL e61 -e1! This form must be filled out by typewriter or by printing in ink by the sole owner, the individual wmking a massage therapist license. TRUE NAM!T IVIVAVA kP_ — LA *k s 0 A/ oBu1�i� First Full Middle Maiden2ast RESIDENCE ADDRESS- &I -E IA Al C' t04 Es1 aa- - Street -- City Stat zip nWIMCE PHONE• - - 4 BVSZNESS 1-xoNE, -47m- 300 c) BUSIIIESS NAME: L.l Fir 1-1 FIT 9 S S RUSr1 r&R ADDRFgS:_ 1:S lo..6_ . _�.� j Street city State2ip 1. L the applicant licensed in any other community? Yes NO-9— If yes, where:. -- - 2. Rae the applicant been denied a massage therapist license by any licensing authority? Yes NO-4— If yes, describe- 9. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. C. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such meis) and :ufor_mation eonceri,ing datm &n4 place's good. 4.5 &41 INW13 13 4k' .a Z- 5 Front ondsideviewphotographsmust beprovided. S. Address(se) at which you have lived during preceding five years. (Begin with present or most recent address.) No. A Street city A v Dates 3 144, S2± 'L- 3 14 Sf . C (u U A l o 8 Y 6 A r_ Lfk ti (] P It t'e .� ue.r F lay-I'ks � _ /9.1-- 6. Occupation history for preceding five years. (begin with present or most reoent.) dem± 5f -Claud t l Occupation Employer -or Name of Business Address City/Stataip Length of Employment Oocnpation '' i Employes or Name of Business Address City/StatelZip Length of Employment _ "44- -Cy 6 Mrd t � eriou(jen y ,L C sr , Occupation Employer or Name of Business 9 to 19_q Addrsas City temp Length of Employment •AlNach additional sheets if necessary Z. Have on ever been convicted of any felony, crime or violation of any ardinance, other than traffic? Yes NoIf yes, give infx=tion as to the time, place and offense for which s-onvietions wera had: CN eW to area.,) 3. Lisi t2w .-Ames, tssidene s, rnd•i usinasa adare" of three people, (prefer residents of Latote County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to rrthe applicant's character: Name RP -1i - l e .{ d f.tz Phone LQ a Name _► tt Ct S e & ( Phone ca i 4-J� 3 Address—" S4 • H % � A I V`PJ �-{ j� ��r _ , t r a uih I k y rL) Business Address __ ,.tea 1M� Ca (3—h, !A � rm t A j Business Address- —57 - Date: Date: - 9 and to before me this day if 44 Wiin W, IO-q(,O (seal) Public Elp NOTARY PUKX - MIE 6 6.95------ Phone k&er ptj I s e K) ORO-) n I