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05/05/1998 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 5, 7998 6:30 P.M. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS y B. CONSTRUCTION/DEMOLITION trash hauler license for PGM, Inc. s C CONSTRUCTION/DEMOLITION trash hauler license for Paul Czeck Trucking PG D. CITY AUCTION, set date for May 16, 1000 a.m. at Eagan Maintenance Facility, 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous City property to be surplus E. AUTHORIZE application for grant funding - Heine Pond / F. DECLARE MIS computer hardware and software as surplus for donation to Dragnet G. HOLZ FARM cellular tower revenue/budget ad H. PROJECT 669, autl,orize official mappii:g of Ring Road (Denmark Ave. and Northwood Pkwy.) I. COMMERCIAL fertilizer applicator license fes• Turf Operations FINAL SUBDIVISION, Whispering Woods Twelfth Addition - Hdla, Inc. Pas K. EXTEND Interim Ordinance - D -It Moratorium P3 D L. APPROVE bids, Lexington & Diffiey athletic fields /j3 r M. PROJECT 695, reschedule public hearing (Yankee Doodle Road - Street & Lighting /- Improvements) )D,3a N. APPROVE license agreement with Worldcom Network Services Inc. (Parkland Access - Fiber Optic Cable Installation) 33o CONTRACT 9M8, receive bids/award contract (Donnywood & Evergreen Additions - Street Imp.J [� 34P. CONTRACT 98-09, approve plans/authonze ad for bids (Valley View Plateau - Street and Utility n Improvements) / Q. CONTRACT 89-13, authorize arbitration to recover claim for damages and noncompliance with p contract, (Cliff Road Water Treatment Facility) 30 R. CONTRACT 94-00, acknowledge completion/authonze City maintenance (Pines Edge 1st Addition) 3 S S. CONTRACT 95-B, acknowledge completion/ authorize City maintenance (Pines Edge 2nd Addition) P 3 9 T. RECEIVE petition/order public hearing - easement vacation (Dallas 2nd Add.) P y 2 U. PROJECT 743, receive petition, authorize feasibility report (Towerview Rd./Lemay Lake - Sanitary Sewer and Water extension) y:V V. APPROVE establishment of scholarship account CONSIDER amendment to development agreement (Gardenwood Ponds 2nd Add. - Contract 96 -BB) P y 9 X. AUTHORIZE staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of Massage Therapist Licenses, Tree Contractors Licenses, Pawn Shop Licensing and On -Sale Liquor Licenses PSD S APPROVE application to the Department of Natural Resources for a Conservation Partners Grant psi Z FINAL SUBDIVISION, 6.53 acres consisting of two lots fora restaurant and 151 -unit senior housing facility, Mance Addition - DPDC, Inc. VI. 7:00 - PUBLIC HEARINGS (SALMON) PSA. CERTIFICATION of delinquent utilities P6 B VACATE a portion of Meadowview Road, west of Alexandar Road and east of the Canadian Pacific Railroad n 69C. PROJECT 717R, Country Home Heights - Street Improvements PD. PROJECT 736, Grand Oak Business Park - AUAR Emaronmental Review and Internal Traffic (' Study VII. OLD BUSINESS (ORCHID) 1p9.3 A. DEFERRAL of special sewer and water assessments until tax payable year 2003, Capom Art Park �0 B. WESCOTT HILLS DRIVE, consider street name change and delete Municipal State Aid p Designation C. DETERMINATION OF NEED, Environmental Assessment Worksheet, Eagan Family Aquatic / /-�4 Facility D. CONSIDER design & development of proposed Eagan Family Aquatic Facility VIII. NEW BUSINESS (TAN) y -i / 30 A. AUTHORIZATION, preparation of Cedarvale Commercial Area Tax Increment Financing /+ Redevelopment Plan for consideration of the formation of a TIF District P y B. INTERIM USE PERMIT - Parking Associates, LLC, to allow a park and ride facility for a period of up to 15 years and a VARIANCE to allow 46% building coverage rather than 40% as allowed by code, for property located northeast of Highway 55 between Blue Gentian Road and Dodd /} Road in the NW lA of Sechon2 INTERIM USE PERMIT -Wayzata Bay Center Company, to allow a temporary school in a Y Community Shopping Center district, located in the space previously occupied by Snyders in the Cedarvale Shopping Mall on Sibley Memorial Highway in the NE 1/4 of Section 19 STD, REZONING - Liberty Property Trust, of 7.6 acres from 1-1 (Limited Industrial) to BP (Business Park), legally described as Lot 3, Block 1, Eagandale Corporate Center, located on the northeast comer of Lexington Avenue and Neil Armstrong Blvd, in the SW 1,14 of Section 11 q31 PROJECT 744, receive petition, authorize feasibility report (Grand Oaks Commerce Center Park and Ride Ramp - Utilities) IX. LEGISLATIVFANTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Fagan 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 ongin, sex, disability, age, marital status, sexual onentanon, or status with regard to public assistance. Auxiliary aids for persons with disabilities will he provided upon advance notice of at least % hours. If a notice of less than % hours is received, theCity of Eagan will attempt to provide such aid Updated 5/l/98 - 1:10 p.m. ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 5, 1998 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Highway 55 Redevelopment District/Airliner and Spruce Motel Asbestos Analysis DIRECTOR OF PUBLIC WORKS a MEMO city of eaga-r TO: HONORABLE MAYOR R CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 4, 1998 SUBJECT: ADMINISTRATIVE AGENDA/MAY 5 CITY COUNCIL MEETING CITY ATTORNEY Presently, there is no plan for an executive session to consider pending litigation. CITY ADMINISTRATOR Item 1. Highway 55 Redevelopment District/Airliner and Spruce Motel Asbestos Analysis - - The City has received the correspondence on pages *;Q1 through 2_ from WisPark Corporation requesting that the City pay the costs for the demolition of the Airliner and Spruce Motels to facilitate WisPark's purchase of the motel properties from the Kor family. At its meeting of April 27, the Economic Development Commission considered the request and expressed support for the City using Tax Increment Financing funds for this purpose. The Commission recommended that the City complete an asbestos analysis to determine the actual cost of demolition prior to authorizing that activity. The recommendation was planned to be placed on the regular agenda for May 5'", but was removed from the agenda when WisPark indicated that it intended to undertake the asbestos analysis individually. WisPark has since determined that it would like these costs to be treated as part of the overall demolition costs for the site. As such, it has been placed on the Administrative Agenda for consideration at this time. Staff has contacted a number of testing firms to solicit quotations in this regard. Unfortunately, this is one of the busiest seasons for this type of activity. The only firm indicating that it would be available immediately was Braun Intertec. Braun's estimate for both the Airliner and Spruce Motels would range between S5,260 and 55,920. Upon receipt of the test results, additional costs of demolition could be estimated and an action item could be returned to the City Council for consideration of WisPark's general request for demolition assistance. The current demolition estimates for the two facilities range between 570,000 and $100,000. This amount could be reduced as a consequence of the Fire Department's training activities which are scheduled for later this spring. Even if substantial portions of both facilities were reduced as a consequence of the training, the removal of debris and foundation work would be the subject of revised estimates. Enclosed on pages ; a3 through '?;g are copies of the Braun proposals. 00 ACTION TO BE CONSIDERED: To approve or deny an agreement with Braun Intertec to perform an asbestos survey of the Airliner and Spruce Motels to determine whether asbestos abatement is necessary prior to fire training or demolition activities. DIRECTOR OF PUBLIC WORKS There are no items under Director of Public Works. /S/ Thomas L. Hedges City Administrator TLH/vmd aC)6 WISPARK CORPORATION (612) 313-2700 140 Metropolitan Centre. 333 South 7th Street. Minneapolis. MN 55402 Fax: (612) 313.2701 April 8,1998 Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: 2788 HIGHWAY 55 (68,000 SF) — PARCEL 1 2794 HIGHWAY 55, (80,800 SF) — PARCEL 2 EAGAN, MINNESOTA Dear Jon: As you know, WISPARK currently owns 63 acres known as Outlots A & D, Robbins Addition located on Blue Gentian & Dodd Road. We have also agreed to acquire an additional 15 acres known as the Pepsi parcels located immediately to the south & east of Outlot D. Pursuant to our conversation of April 7, 1998, please be advised that we have also reached an agreement with Phil, Ann and Sick Fung Kor to acquire the above -referenced properties that currently contain the Airliner and Spruce Motels. These parcels adjoin the Pepsi parcels to the south and east. Our agreement to acquire these properties is contingent upon "WISPARK's confirmation that the property is located within a Redevelopment TIF District and that the cost to remove the two existing motels are qualified costs for reimbursement to WISPARK." Therefore, this letter is to request the City of Eagan to agree to pay the costs of totally demolishing and removing the existing improvements on the land so that the condition of the land is restored to a vacant condition capable of accommodating our future development plans. Based upon our earlier conversations and information you forwarded to me, my understanding is that funds are available within the Redevelopment TIF District pursuant to following guidelines: "At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the city may be included in the qualifying costs." aai Mr. Jon Hohenstein April 8, 1998 Page 2 Based upon this information, we assume to the extent that it may be permitted under the TIF plan and in addition to the costs we are requesting herein, that we may request assistance in the future to acquire the parcels to the north that are currently owned by the Imre's and the City of Eagan; as well as for assistance in installing roads, utilities and parking for our development. This assistance would help us to finalize our assemblage of land and to create a master planned business park that will significantly enhance this area of Eagan for decades into the future. Please let me know if you have any questions or need any additional information concerning this matter. Your consideration of our request is appreciated. Sincerely, NVISPARK CORPORATION Grego fiMiller, CCICM!/, CPM Regional Director /kjr/ cc: Philip Kor Ann Kor Siok Fung Kor BRAUN' INTERTEC December 19, 1997 Mr. Dale Wegleitner Fire Marshall City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Wegleitner: Re: Proposed Services and Cost Estimates: Asbestos Survey Braun Interte : Corporation 1345 Northland Drive Mendota Heights, Minnesoto 551241141 612-683-8700 Fox: 6838888 Engineers and Scientists Serving the Built and Natural Environments - Proposal No. CMXX-97-P0879 Braun Intertec Corporation (Braun Intenec) is pleased to present this proposal to provide services and cost estimates for an asbestos survey at the Airliner Motel in Eagan, Minnesota. You requested a service outline and cost estimates during our phone conversation on December 11, 1997. This proposal is broken down into three sections. Scope of Services Cost Estimates General Information The contact person for this project is Robert Nordby at (612) 683-8892. Scope of Services The Braun Intenec industrial hygiene staff is proposing to conduct a room -to -room walk- through asbestos survey. The survey of the Airliner Motel in Eagan, Minnesota will be conducted by two trained and experienced industrial hygienist technicians. Our on-site representatives will: Visually examine accessible areas and identify the locations of suspect asbestos - containing building materials (ACBM). Collect representative bulk samples of materials suspected of containing asbestos. Examples of materials to be collected for analysis include, but are not limited to: floor tile, linoleum flooring, wall and ceiling plaster, suspended and acoustical ceiling tile, sheetrock, thermal system insulation, textured ceiling material and fireproofing. Document the various materials' current condition/friability and any visual surface contamination. t✓ City of Eagan Proposal No. CMXX-97-PO879 December 19, 1997 Page 2 Assign a hazard rating based on asbestos content with respect to the material's condition, friability, accessibility, and hazard potential. Estimate quantities for each suspect ACBM. Note: The materials quantified are in areas currently accessible or made accessible during the survey. Investigating inaccessible areas through destructive means will be conducted only with your prior written authorization. Generate a final report documenting the sample locations, analysis results, hazard ratings assigned, and estimated quantities. Cost Estimates s?". •'`Description. Cost,.: Two Industrial Hygienist Technicians (Includes preparation, site and travel times) $1100 Bulk Analysis PLM (Polarized Light Microscopy) - 55 to 75 samples 1210-1650 Report $300 Clerical $150 Expenses $30 Total $2,790 - 3230 General Information Prices quoted in this proposal are not subject to change within a 30 -day period. Terms for payment are due upon receipt of invoice with interest added to unpaid balances in accordance with the attached General Conditions (2/1/96). Rates for technician time, sample analysis and mileage are fixed. All other figures such as number of hours for the survey, number of samples, report time, etc. are estimated. Consequently, our actual cost may be higher or lower depending on the site conditions encountered. The total projected cost will not be exceeded by more than 10 percent without additional authorization. aaIV City of Eagan Proposal No. CMXX-97-P0879 December 19, 1997 Page 3 A survey of this nature requires our on-site representatives to be provided access to all rooms, closets, mechanical rooms, etc. We request that ladders or approved lift devices be provided to access ceilings. Floor plans of the buildings and an overall site plan would be helpful. Where applicable, materials sampled will be wetted with water to minimize the potential release of asbestos fibers. The materials are then placed in airtight containers. Friable materials suspected of containing asbestos and exposed during sampling will be sealed with an encapsulant where feasible. Our representatives will not be responsible for repairing materials damaged during sampling; however, every effort will be made to limit cuts and holes to discreet locations. The Braun Intertec personnel conducting the survey are fully accredited building inspectors, in accordance with EPA regulations. Our microscopy laboratory is fully accredited for polarized light microscopy (PLM) asbestos bulk sample analysis by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP #101234). Quality control information is available upon request. Two original proposals are enclosed. Please sign and return one original authorizing Braun Intertec to proceed with the specified scope of services and retain the other original for your records. We look forward to working with you. If you have questions or if we can be of further assistance, please call me at (612) 683-8892 or Dan Pavek (612) 683-8805. Sincerely, �� 5- PRA1G Daniel Pavek Senior Environmental Specialist rzue�p � lav Robert E. Nordby, CHMM Senior Project Manager/Engineer Attachment. General Conditions (2/1/96) IkM:\cmxx\97\mktg\pOg00\p0879-01.wpd.wpd 7 BRAUN` INTERTEC April 30, 1998 Mr. Greg Miller Wispark Corporation 6600 Center West Parkway, Suite 130 Eden Prairie, MN 55344 Dear Mr. Miller: Re: Proposed Services and Cost Estimates: Asbestos Survey :•21i1:;: p. emun 1nre a eetperotion 6975 Warhingbn Avenue South P.O. Box 39109 Mnneopellr, Minnewm 554394108 612-9A1 S600 Fax: 912.d9dd Engine.. and 5dennrb Smving the 0&1) and Nalyrol Envlronmml0 Proposal No. CMXX-98•PO277 Braun Intertec Corporation (Braun Intertec) is pleased to present this proposal to provide services and cost estimates for an asbestos survey at the Spruce Motel in Eagan, Minnesota. You requested a service outline and cost estimates on April 28, 1998. This proposal is broken down into three sections. Scope of Services Cost Estimates General Information The contact person for this project is Robert Nordby at (612) 683-8892. Scope of Services The Brabn Intartec industrial hygiene staff is proposing to conduct a room -to -room walk-through asbestos survey. The survey of the Spruce Motel in Eagan, Minnesota will be conducted by two trained and experienced industrial hygienist technicians. Our on-site representatives will: Visually examine accessible areas sad identify the locations of suspect asbestos -containing building materials (ACBM). Collect representative bulk samples of materials suspected of containing asbestos. Examples of materials to be collected for analysis include, but are not limited to: floor tile, linoleum flooring, wall and ceiling plaster, suspended and acoustical ceiling tile, sheetrock, thermal system insulation, textured ceiling material and fireproofing. Document the various materials' current condition/frlabllity and any visual surface contamination. Assign a hazard rating based on asbestos content with respect to the material's condition, friabiltry, accessibility, and hazard potential. Keceivei lime Ac•r.3G. I:=i"rM aa6 i•ia'i. I 199:_ 10:1 i=.'I GI?/9":-'?11'. "il`c....,, Estimate quantities for each suspect ACBM. I1o•210� F'. 3 Wispark Corporation Proposal No. CMXX-98-PO277 April 30, 1998 Page 2 Note: The materials quantified are in areas currently accessible or made accessible during the survey. Investigating Inaccessible areas through destructive means will be conducted only whh your prior written authorization. Generate a final report documenting the sample locations, analysis results, hazard ratings assigned, and estimated quutttdea. Cost Estimates : t: it '.ai Two industrial Hygienist Technicians (Includes preparation, site and trail rimer) $1050 Bulk Analysis PLM (Polarized Light Microscopy) - /.f to SS sampler $990-1210 Report $250 Clerical 5150 Expenses $30 Total $2,470.2,690 General Information Prices quoted In this proposal aro not subject to change within a 30 -day period. Tetras for payment are due upon receipt of Invoice with Interest added to unpaid balances in accordance with the attached General Conditions (2/1/96). Rates for technician time, sample analysis and mileage are fixed. All other figures such as number of hours for the survey, number of samples, report time, etc. are estimated. Consequently, our actual cost may be higher or lower depending on the site conditions encountered. The total projected cost will not be exceeded by more than 10 percent without additional authorization. A survey of this• nature requires our on representatives to be provided access to all rooms, closets, mechanical rooms, etc. Upon completion of the project, Braun Intertec will require that the client securo all rooms and areas to the building before leaving the site. We request that ladders or approved lift devices be provided to access ceilings. Floor plana of the buildings and an overall site plan would be helpful. Received Tiwe A:r•39• 3:41PM 1.1 v. I. 19''<: 111:11=.I:f t•I_'!9=Z v. n, P Wlapark Corporation Proposal No. CMXX-98-PO277 April 30, 1998 Page 3 Whece applicable, materials sampled will be wetted with water to minimise the potential release of asbestos fibers. The materials are then placed in airtight containers. Friable materials auspeeted of containing asbestos and exposed during sampling will be sealed with an encepsulant where feasible. Our representatives will not be responsible for repairing materials damaged during sampling; however, every effort will be made to limit cuts and holes to discreet locations. The Braun Intertec personnel conducting the survey are fully accredited building inspectors, in accordance with EPA regulations. Our microscopy laboratory is fully accredited for polarized light microscopy (PLM) asbestos bulk sample analysis by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP #101234). Quality control information Ls available upon request. Two original proposals are enclosed. Please sign and return one original authorizing Braun Intertec to proceed with the specified scope of services and retain the other original for yout records. We look forward to working with you. if you have questions or if we can be of further assistance, please call Dave Doble at (612) 833-4757 or Rob Nordby (612) 833-4771. Sincerely, David J. Doble Environmental Geologist Robert E. Nordby, CH Senior Project Manager/Engineer Attachment: General Conditions (2/1/96) r.�m�u�96lmkta1p0100�yOr7l4I .wpd receives lime A r•3@• d:t1'M C;)C� t Agenda Information Memo. May 5, 1995 Eagan City.Council Meeting CONSENT AGENDA 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 'd placed under Old or New 'Business unless the discussion required is brief. A. PERSONNELITEMS Item. -I. Part4imeSeas6nal Concession Worker ACTION. TO -BE CONSIDERED: Twappro'Ve the.hiring,of Karen Butler as a>part-time seasonal concession worker: Item 2. Part-time. Seasonal Tennis Instructors i ACTION TO BE CONSIDERED: Toiapprove the hiring, of Melinda Hoffmann, Michael Remington, Brendon -O'Rourke, Lisa Hayden and' John Hayden as part=time-seasonal tennis instructors. Item 3. Part-time Seasonal Pre=School,,Staff ACTION TO B&CON'SIDERED: To approve the hiring of Carolyn McGill as a pan -time seasonal pre-school program instructor substitute and Cynthia Huonder as a part-time seasonal pre-school program assistant substitute. Item 4. Seasonal Engineering Interns ACTION TO BE CONSIDERED: To approve the, hiring;of-Amber Hall and Daniel Krocheski as seasonal engineering interns. 1 Item 5. Part-time Seasonal Recreation Leader ACTION TO BE CONSIDERED: j To approve the hiring of'Mary`ParOchis as a part-time seasonal recreation leader. Agenda Information Memo May 5, 1995 Eagan City Council Meeting Item 6. Seasonal Park Maintenance Workers ACTION TO BE CONSIDERED: To approve the hiring of Jacob Loesch and LeRoy Rother as seasonal park maintenance workers. Item 7. Election Judge Compensation Rate ACTION TO BE CONSIDERED: To approve the compensation rates for election judge supervisors of 57.25 per hour, for regular election judges of 56.25 per hour and for student election judges of 55.75 per hour. FACTS: • When adjustments were made for 1995 compensation rates for non -collective bargaining employees, the compensation rates for election judges were not included. • The 1996 rates were S6.50 for supervisors and 55.50 for regular judges. • A survey was conducted of neighboring communities' rates. Apple Valley pays 57.50 for supervisors and 56.75 for regular; Bumsville pays 57.00 for supervisors and 56.50 for regular; and Lakeville pays 56.50 for supervisors and 56.00 for regular. • It is the recommendation of the Finance Director/City Clerk that the Eagan rates be increased as noted above. • The budget for 1995 was adopted using the new rates. 3 Agenda Information Memo May 5, 1995 Eagan City Council Meeting B. CONSTRUCTION/DEAIOLITION DEBRIS HAULER LICENSE PGNI, INC. ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for PGM, Inc. as presented. FACTS: • The City is in receipt of an application from Kurt LaCoe on behalf of PGM, Inc. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. 4 Aeenda Information Memo May 5, 1998 Eagan City Council Meeting C. CONSTRUCTION/DEMOLITION DEBRIS HAULER LICENSE PAUL CZECK TRUCKING ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for Paul Czeck as presented. FACTS: The City is in receipt of an application from Paul Czeck. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo May 5, 1998 Eagan City Council Meeting D. CITY AUCTION, SET DATE FOR MAY 16, 10:00 A.M. AT EAGAN MAINTENANCE FACILITY. 3501 COACHMAN POINT & DECLARE BICYCLES, UNCLAIMED PROPERTY & MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 16, 1998, at the Eagan Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property and miscellaneous City property, to be surplus eligible for sale. FACTS: ♦ Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State lav permits the sale of these items to the highest designation as surplus property. ♦ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: ♦ 1998 auction item list on pages —?-- through �/—. D City of Eagan 1998 Auction Asset # DESCRIPTION Department Metal Shelving Lawrence Ave. Homes Storm doors " Satellite dishes " Satellite dish Stands " Rain gutter diverters " Kitchen cabinets " Ceiling fans " Volkswagen Bug Hood " Coat rack " Kiddie pool " Bowling ball " Boxed ceiling the " Large towable water to " Metal fence sections " Robe wire fencing" Bird bath pedestal " Snow scoop" Miscellaneous planters and flower pots u" Laundry tubs " Dishwasher " Fiberglass spoiler Police Chrome flashlight Police Jean Jacket Police 2 pair black men's socks Police Guess jeans T shirt Police Hair brush Police 6 T-shirts Police Brown belt Police 3 pair jeans Police 2 White T-shirts Police Audiovox AM/FM cassette player Police Chicago Bears sports bag Police CD sampler Police Pioneer DEH P67 CD player Police Meadow Brook water softener model 351 Police Blue Sak Container for water softener Police 5 CD's Police 1 purse Police 1 black bag I Police Checkbook cover Police 2 wallets I Police 21 CD's in black case I Police Black cord Police License plate bracket Police Marantz stereo cassette deck Police Misc. colored shorts Police Black phone cord Police Answedno machine Police Phillips screw driver Police Standard screw driver Police Flash light Police Wire cutter Police JVC AM -FM cassette car stereo Police Coustic crossover Police Rockford -Fes ate car amp Police MTX sub -woofer Police S arkomatic speaker Police 1 pair bazookaspeakers Police Speaker & tube Police 1 pair Sanyo speakers Police 14. speaker Police 2 pair sunglasses Police 5 CD's w/black case Police 13 cassette's w/black case Police Sha AM -FM cassette player Police Rockford AMP Police Sharp color TV Police 1 silver Dodge RAM hub cap Police Blue & tan canvas camera case Police Blue & green Nike gym bag Police 1 speaker box Police Red MTA 250 terminator amp Police Alpine amp Police Audio control Police Pentex camera cases Police Sony XM7 amp Police CD case containing misc. CD's Police 10 CD's Police Ezcide car battery Police 1 pair sunglasses Police Black CD case with 1 CD Police Coin purse Police Car bra for 86-87 Grand AM Police 4 hub caps Police Oversize tennis racquet Police Eagan Wildcats gym bag Police Toyota car stereo Police 4 CD's Police Black wallet Police Cell phone Police Green coin purse Police Black leather pouch Police Black vinyl sports bag Police Black shaving kit Police Size 3 toddler outfit Police Comforter or sleeping bag Police Comforter Police Sony cassette recorder Police Gucci purse Police Radio Head OK computer CD Police Black and red plaid vest Police Quasar TV Police Case logic CD holder Police Power logic amp Police Blue and white cooler Police Canon displayer with built in actuator Police 2 lengths of green garden hose Police Flashlight Police Ra ban sunglasses Police Black eastpack backpack Police Leatherman tool Police Toy cell phone Police Screwdriver/needle nose pliers Police Pioneer detachable CD player Police Sony cassette car stereo Police CD case with 30 CD's Police Yellow and black flashlight Police Roller blades — maxxum Police Delco GM cassette player Police 8 screwdrivers Police 2 extension cords Police 1 Black & Decker hedge trimmer Police JC Penne 12" color TV Police Flashlight w/built in radio Police 2 RadioShack speakers Police 1 S eakercraft speaker Police Igrey carpeted speaker box w/2 Sony speakers Police Jans ort backpack Police Ten Peaks backpack Police Gym bag Police Hacksaw Police Bracket Police Misc. Halloween decorations Police Large oran a plastic pumpkin Police Jean vest and & skirt Police fake Diamond ear ring Police Cross trainer gym bag Police Brown belt Police Iron Police Black boots Police /D Sunglasses Police Black leather men's jacket Police Blue & maroon suitcase Police Dunlop sports bag Police Adolfo travel bag Police Maroon leather briefcase Police Black leather briefcase Police Brown MacGregor leather gym bag Police Size 7 Y2 women's shoes Police Size 7 women's pump shoes Police Panasonic stereos stem Police 2 black & decker 7 %" circular saws Police Kenwood power amp Police Saga Genesis Video Entertainment System Police Super Nintendo "Final Fli hY game cartridge Police Black & Decker cordless drill Police Panasonic floorspeakers Police Pyle Toobz barrel stylespeakers Police Genesis flashlight Police Black checkbook covertwallet Police Black coin purse Police Maroon checkbook cover Police Brown coin purse Police 1978 Robin Yount baseball card Police 1978 Andre Dawson baseball card Police Gucci watch Police 3 Gold rings Police Imitation gold Rolex watch Police 8 watches Police 2 gold chains — costume jewelry Police 63 foreign coins and 1 token Police Running boards to fit full sizepick-up Public Works Garden filler — needs work Public Works Aluminumpick-up topper Public Works 2 — poly box liners — fits full sizepick-up Public Works Bezzechi fertilizers reader — needs work Public Works 12' aluminum fishing boat Public Works Poly cross bed tool box Public Works 1105 Cassette transcriber— Norelco Police Cassette transcriber— Norcom Police 2724 Cassette transcriber— Norelco Police Cassette transcriber— Norelco Police 1911 Cassette transcriber — Norelco Police 1155 Cassette transcriber— Norelco Police 1616 Cassette transcriber— Norelco Police 2773 Cassette transcriber— Norelco Police Cassette transcriber — Norelco Police 2856 Cassette transcriber— Norelco Police Cassette transcriber — Norelco Police /D Artificial Christmas tree Police 2198 Mita 2055 copier Finance 17 Calculator— needs work Finance 3M electronic.typewriter— needs work Administration + 100 bicycles Police Agenda Information Memo May 6, 1998 Eagan City Council Meeting E . AUTHORIZATION TO APPLY FOR GRANT FUNDING-HEINE POND ACTION TO BE CONSIDERED: To authorize city water resources staff to apply to the MnDNR's Conservation Partners grant program to help fund an experimental project on exotic aquatic weed control. FACTS: • The grant project would test the efficacy of using elemental iron to control curlyleaf pondweed in Heine Pond. • The Advisory Parks Commission reviewed the project proposal at its April, 1998 meeting and unanimously voted to pursue funding through the state's Conservation Partners grant program. • The shoreland owners around the lake have been sent information about the project and were invited to attend a public information meeting explaining the project proposal. No comments opposing the project have been received. • The total project cost would be approximately 520,000. The application seeks the maximum grant of $10,000. The City's share of cash contributions would not exceed 54,000, about what has historically been spent on sampling and weed harvesting activities each year for management of the lake. The remainder of project costs would be covered with in-kind services from the City and other project participants. ATTACHMENTS: • Memo and supporting information sent to Advisory Parks Commssion / Q/e S 13-1s, /P22 TO: ADVISORY PARKS COIWMISSION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: PROPOSED TREATMENT OF HEINE POND WITH [RON DATE: APRIL 14, 1998 Background In 1997, the Mn Department of Natural Resources formed a technical advisory committee of researchers and water resources management professionals from across the state to assess the use of iron to provide long-term water quality benefits in lakes. One of the claims examined was the addition of elemental iron to lake systems to control the growth of the exotic curly leaf pondweed. While there was some evidence to suggest effective control, lack of good pre- and post-treatment data under field conditions made a credible determination of efficacy impossible. Curly leaf pondweed has infested numerous lakes since it was first noted in the state in 1906. Once in a lake system, the weed often becomes dominant from ice -off through mid- to late June, frequently growing to the surface. It then dies off, loading the water column with phosphorus as it decomposes which often causes severe bluegreen algal blooms that can severely compromise water quality for much of the remaining portion of the recreational season. City water resources division staff have noted the spread of the weed throughout the City's lakes, and consider it a growing problem with regard to both water quality and lake use impairment. Several control options have been tried by the City and elsewhere, with little success. Description of Proposed Project In cooperation with the MN Department of Natural Resources, City staff are proposing to treat Heine Pond with iron and monitor the effectiveness of the treatment in reducing curly leaf pondweed growth and maintaining good water quality over the long-term. Heine Pond is an excellent treatment candidate because of the work that the City and residents have completed over the last five years to curtail external nutrient loading and the wealth of baseline water quality and aquatic weed data that is available. Staff have scheduled a meeting with riparian residents in late April to discuss the proposal with them. If there is no opposition to the treatment, staff would submit a grant finding proposal to the state on May I to partially fund the treatment and attendant monitoring. City cash costs to contribute toward the project would not exceed S4,000/year , about what has historically been spent on sampling and weed harvesting each year for management of the lake. A "Question and Answer" sheet about the proposed project sent out to all residents with the public information meeting invitation is attached. Water resource staff feel that the risks associated with the experimental treatment are very low and that the potential benefits both to Eagan and the broader lake management community could be substantial. Commission Action Requested Staff are requesting that the Commission review the project proposal and provide guidance on whether to pursue the project. If appropriate, a formal motion that supports proceeding with the project -perhaps pending the outcome of the meeting with the lakeshore owners- would be desirable. Rich Brasch Water Resources Coordinator 13 "Questions and Answers" on Treatment of Lakes With Iron Why is an iron treatment being proposed for Heine Pond? Iron can be effective at decreasing the availability of plant nutrients, especially phosphorus, so that they are no longer available to feed nuisance aquatic plant growth. In addition, there is some evidence that certain forms of iron may be effective at significantly curtailing the growth of the exotic weed curly leaf pondweed which has infested Heine Pond since the early 1990's. This weed dies off in mid -summer, but releases phosphorus when it decomposes which often causes algal blooms in late summer. Based on monitoring conducted by the City over the last seven years, the presence of curly leaf pondweed appears to be the last remaining threat to the maintenance of excellent water quality in Heine Pond over the long term. What would I notice about the lake after an iron treatment? This proposed project would involve a one-time application of gray, sand - sized iron particles over most of the pond. The iron would immediately sink to the bottom of the pond in a very thin layer less than 1/16" thick. Over the succeeding several days after treatment, the iron particles will become incorporated into the sediment on the bottom of the lake. At this point, there will be no visible evidence that the lake has been treated. How would the lake be managed after the iron treatment? Part of the proposed project involves monitoring the effectiveness of the treatment for a period of three years after the application of the iron. In order not to mask the effects of the treatment, mechanical harvesting to remove curly leaf pondweed would not be conducted during the next four summers, including this summer. If the treatment is effective at controlling the growth of curly leaf pondweed, harvesting should be un -necessary during the summers of 1999, 2000, and 2001. If the treatment is not effective at controlling curly leaf pondweed growth, it is likely that the project would be terminated after 1-2 years and normal harvesting operations would resume. /Y What risks are there in using iron to treat Heine Pond? The environmental risks of applying the iron appear low, even lower than the risks associated with the alum treatment conducted last year as part of the project jointly carried out by shoreline residents and the City of Eagan. The application rates which would be used for Heine Pond fall far short of the amounts that would cause a physical impact to fish or other aquatic organisms and the toxicity of the form of the iron that would be used is virtually nil. Finally, iron is among the most common elements in the earth and most lake sediments already contain an abundance of iron. The amount of iron which would be added to Heine Pond is a very small percentage of the total amount already there. How will the environmental risks be minimized? The Minnesota Department of Natural Resources' Fish and Wildlife Division will review, and must approve, the proposed iron treatment. As part of the review and approval process, fisheries and aquatic ecology experts from the Mn.DNR and the MN Pollution Control Agency will evaluate the proposal. Unlike many herbicide treatments, no post-treatment water contact or recreational water use restrictions would be necessary for the proposed treatment. Who would pay for the project and when would the project begin? The City would apply for a grant through the state to help finance the cost of the treatment and monitoring. Only if the grant is awarded would the project proceed. Project expenses not covered by the grant would be covered by the City and other parties. Residents will not be asked to contribute to the project. If the grant is approved, the application of the iron would probably take place in June or July of this year. If you have any questions or would like more information, contact the City of Eagan's Water Resources Coordinator at 6814300. Agenda Information Memo May S, 1998 Eagan City Council Meeting F. DECLARE MIS COMPUTER HARDWARE AND SOFTWARE AS SURPLUS FOR DONATION TO DRAGNET ACTION TO BE CONSIDERED: To declare various MIS computer hardware and software items as surplus equipment and authorize the donation of these products to Dragnet, a non-profit organization that works with people with disabilities. FACTS: • Twenty pieces of computer hardware and thirteen software programs have been determined to be no longer productive for current equipment and City operations. • In previous years, such equipment has been offered for sale at the City auction, with varying levels of success. • Preparing the equipment for auction and dealing with servicing it afterwards is not an effective use of our MIS personnel's time. • Equipment which was not purchased still had to be disposed of. • Other municipalities have been donating excess/obsolete equipment to Dragnet, which takes useable pieces from computers to assemble a workable computer. • Dragnet is a non-profit organization that works with people with disabilities for the purposes of learning and employment. ATTACHMENTS: • A memo from MIS Coordinator Peterson listing the equipment is attached on pages _L7 through /,. 14 TO: FROM: DATE: SUBJECT: city of eagan Tom Hedges, City Administrator Kristi Peterson, MIS Coordinator;` April 23,1998 Declare Salvage Product MEMO The MIS Department is requesting to declare the follow product as salvage and would like to donate these products to a non-profit organization, called Dragnet. They recycle computer hardware and software. Dragnet is a non-profit organization that works with people with disabilities. They take PC's to rebuild and repair them for the purpose of learning and employment. This organization has been utilized and recommended by other metropolitan cities. In the past we have put our computers in the city auction. We have had to service several computers after the auction even though we sold them as is. This is not cost productive for the city. Our costs are between $15 and S20 per piece (i.e. cpu, monitor, keyboard, mouse, etc.) to recycle. This exceeds the $50 average price we receive at auction for all pieces mentioned above. I think donating the equipment is a better solution and use of products that are no longer productive for city operations. If you agree with this approach, would you please have the City Council declare the equipment surplus and authorize the donation. The total dollar value is approximately $1,000. HARDWARE: Asset # Description #3033 HP Vectra ES 12/286, 40 mb hard drive, 640 K RAM, 5 '/. and 3 % floppy drives, HP Graphic color monitor 900980 HP Vectra 8086, 20 mb hard drive, 640 k RANO, 5 % and 3 '/2 floppy drives, monochrome monitor 4-3058,#3059 2 - HP Vectra QS/16S 286/386, 80 mb hard drive, 640 K RAM, 5 '/. and 3 '/7 floppy drives, HP Graphics color monitor 91616,#3720 2 — HP Vectra 386/25, 80 mb hard drive, 1-2 MB RAM, 5 '/4 and 3 '/2 floppy drives, Color monitors 93702 HP Vectra 386/25, 80 mb hard drive, 1-2 MB RAM, 5 ''A and 3 '/2 floppy drives #3726 HP Video Graphics Color Monitor #3679 Reason Technology 386, 80 mb hard drive, 1 mb RAM, 5 '/. and 3 %2 floppy drives, HP Video Graphics Color Monitor #3503 HP Vectra QS/20 286, 80 mb hard drive, 640 K RAM, 5 '/. and 3 '/ floppy drives, HP Color Graphics Monitor #3663 HP Vectra 386/25, 80 mb hard drive, 1 mb RAM. 5 ''A and 3 '/2 floppy drives, HP Color Graphics Monitor #3049 HP Vectra ES/12, 40 mb hard drive, 640K RAM, 5 ''A and 3 %2 floppy drives #3664 Color Monitor #3828 #3791 #3878 #3790 #3799 #3614,0090 SOFTWARE: 2 1 1 1 1 1 1 1 1 1 2 Compaq Disk Pro 386N, 200 mb hard drive, 4 mb RAM; 3 % floppy drive Compaq 411 C Monochrome monitor HP Vectra 486/25M, 200 mb hard drive, 4-8 mb RAM, 3 '/2 and 5 ''A floppy drives, HP Color Monitor HP Vectra 486/33N, 200 mb hard drive, I mb RAM, 3 %2 floppy drive. HP Color Monitor 2 - Hayes 2400 Baud Modems Dbase III Lotus 2.4 dos Microsoft 3.1 Windows with mouse software MS Dos 5.0 Lotus 2.01 Microsoft Excel for Win95 Lotus 1-2-3 Release 5 Harvard Graphics 2.12 Harvard Graphics Manual Manual 1-2-3 for Win95 WordPerfect 5.1 Manuals 0 Agenda Information Memo May 5,1998 City Council Meeting G. HOLZ FARM cellular tower revenuelbudget FOR COUNCIL ACTION: To approve the proposed budget for Holz Farm Friends of the Farm and amend the Parks and Recreation budget or 1998 to reflect these additions. BACKGROUND: The City Council, at its regular meeting on February 3, 1998, approved the allocation of revenue from one tower site for Holz Farm. The amount available to the Holz Farm budget is $12,640.50. The Council's further direction was that the Friends of the Farm Board prepare a budget proposal for City Council review. That action occurred at the April 15,1998 meeting of the Friends of the Farm. CITY OF EAGAN 1998 HOLZ FARM FRIENDS OF THE FARM PROPOSED BUDGET ADDITIONS Recreational Supplies 51,200 Contractual Instructors 11000 Entertainment 1,500 Building Repairs 8,000 Telephone 600 Heating Oil 340 $12,640 FACTS: • The Recreational Equipment and Supplies provides funds for purchase of supplies for purchase of supplies for Holz Farm special events. Particularly discussed was utilizing a caterer for the Hog Roast to ensure sanitary conditions. • Contractual Instructors include the Minnesota Farmers Union for conducting the Fun on the Farm Day Camp and expands the opportunity to bring in specialists such as Hauth Enterprises to provide animals at special events to teach children about farm animals. • Entertainment includes storytellers, musical groups and bands to add to the festivities at special events. • Building Repairs includes the materials for the barn ramp, materials and labor for the roof returns on the house and repair of shed roofs. • A telephone has been installed at Holz Farm • Experience has shown that an increase in the heating oil allocation is needed. • Testing service is designated for soils testing where farm contaminants might be in soil near sheds. Also, the septic system has not yet been verified for public use. • Funds will be managed by the Recreation Division of the Department of Parks and Recreation CONCERNS: None /9 Agenda Information Memo May 5, 1998 Eagan City Council Meeting 1VMWZ(9J1JX"1 11191 to) 1193 F411 VU Urtai all Iff4i 11 1 1� ► ) r►l: I, kwulic :. ACTION TO BE CONSIDERED: Authorize the Official Mapping of the Northern Segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I -35E. FACTS: • Since 1985, the City has recognized the growing congestion in the I -35E, Yankee Doodle Road and Pilot Knob Road intersections. Maximizing the capacity with physical improvements to the existing roadway system will still not accommodate the ultimate traffic volumes associated with full development in this area. • In 1991, the City Council amended the Transportation Plan Element of the Comprehensive Guide Plan to identify the future ring -road concept that incorporated a new bridge over 35E along the Northwood Parkway alignment. It also identified the need to continue the northerly extension of Denmark Avenue from Northwood Park,,vay to Lone Oak Road providing a parallel frontage road. • With the construction of Northwood Parkway from Denmark Avenue to Lexington Avenue, the road was designed and major utilities were installed at a location consistent with the ring -road master plan. • According to Minnesota Statute 462.359, the City is entitled to designate and reserve land needed for future roadways if they create an "Official Map" which entails a formal survey filed with the Dakota County Recorder. This action preserves the corridor similar to what MnDot did during the planning process of I -35E. This action becomes more important as new development proposals are received and processed by the City. • On April 21, the City Council authorized the official mapping of that part of Northwood Parkway west of 1-35E. This action would allow staff to expand the work effort to include the segment referenced by this item. ATTACHMENTS: • Map, page21— DY of URI �J - O m DR OMARICE r.'n NORWEST Q U lJ V 500 e!5m;2TTT SCALE 7' = 500' .0� ve \y NQRTHWOpO W Li z Q Q � PROMENADE PL. a z w IL— ZZ- 4 ` - �t- I A Q ,6e / w a QQ� NQR�N� YANKEE DOODLEI LEOAD OFFICIAL MAPPING 4/29/98 City of Eagan NORTHWOOD PARKWAY & DENMARK AVENUE C: DNWARKE%TENDED Agenda Information Memo May 5, 1998 Eagan City Council Meeting I. COMMERCIAL FERTILIZER APPLICATOR LICENSE FOR TURF OPERATIONS ACTION TO BE CONSIDERED: To approve a fertilizer applicator license for Turf Operations as presented. FACTS: The City is in receipt of a fertilizer applicator license from Turf Operations out of Eden Prairie, Minnesota. As a part of the City's efforts to limit phosphorus and other dangerous chemicals from the City's environment, City Code requires that persons applying fertilizer on a commercial basis be licensed on at least an annual basis. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Application enclosed without page number. MAW r- Agenda Information Memo May 5, 1998 Eagan City Council Meeting r FINAL SUBDIVISION - WHISPERING WOODS TWELFTH ADDITION ACTION TO BE • To approve a Final Subdivision (Whispering Woods Twelfth Addition) consisting of 12 single family lots and one outlot on approximately 5.49 acres located on Wall Street, in the SW 1/4 of Section 31 subject to the conditions recommended by the Council with the preliminary subdivision. FACTS: • The City Council reviewed and approved the preliminary subdivision for Whispering Woods Twelfth Addition at their regular meeting on April 18, 1995. • Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: (1) • Final plat drawing, page o23 5 EXHIBIT "A" WHISPERING WOODS TWELFTH ADDITION csF.w nrl m N 1 4I.' �Oq IO 91t' wUr �� LOCATION MAP I IFWI/ II ..nL U .R q41 a nn.q iW WluL.q ln•rr»r .ql W➢ WY R.Y Y qnM. Y6♦ .Wu. L4»q. • SWI •.Vs n r+uY I... I OwrYl] MY 10 w1 �.'MYni nr. K IYI q w.41 �r i:raia.�arnnwa .a11. r :L01 LLL YtY III Tin Y F.Min' ME D .Y J N4 ITS r» W..., L SP, 1Ln«I ul rlr. .1 )nYYw. of W f»Y»y YnYrl MIa:Yul U u1 cwl! If ONw «l u.l.'Y YY»YI.. Y ILL I. W. 1. Ip1tN1.0 INOf 0.11 t]}Y ICOI}pY, .l[Npll Y YI ..W« ILII IIIIIN, e.r uwl m u« u Y nrnm ul I4ml I. 1.311JYc INC$ nn.?t4 .nen L'I .0 L Yr•�, Ww W 4Nw Y Y: I.LW,1 I IL'.Y4 In :«««. S'Jn1 «I u» YL:.:« l`. I Y nlvu nnN wll n»J I. YIY W n»wt L {IY .0 WI .» N.. 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Wlw uy. n«r»Y q 4.Yf�x Oprr Lnv) I1, 1>w Y YbM)nnVl nYrW_I4Y�.U�.W NI4.W If .Iw.q. gMr.l l W IlY Y4x Wn irrnul Y T»:IY WPM tll»W I...LLI.1W II.11.1 Wn OW"" LW—YI Y x .11— Wq I fmnYL ONw 4xu1 i+npr I I«« 1 W 1«r. l» 1Ir Y IT _I» III Wl tli:b1 .. YY iYl u I]R110I�IIO Ipppy IIItITI 1001F0LrYn 1n1 rW rU» IfCIwY 1.11..» ILL .0 YYNr1 YwU WI_Yl N�.II _. Nw.[Orp LIWn1 unw OloY.1 .alM I Itrnl tn4f1 U.L YY IUVUUI I. M" NN. 11 IY N. Y w C..,"rl4 lrrvlrr fY rn:n aY cull Inbw W.w Gun .nuwu Agenda Information Memo May 5, 1998 Eagan City Council Meeting Ic EXTENSION OF INTERIM ORDINANCE ACTION TO BE CONSIDERED: > To approve or deny an extension of the Interim Ordinance restricting development of property with a D -II land use designation for a period not to exceed 18 months. FACTS: > In Junel997 the City Council adopted an Interim Ordinance that resulted in a moratorium affecting all properties in the City guided for D -II Mixed Residential land use in the City's Comprehensive Guide Plan. The ordinance was enacted to provide time for the City to study the appropriateness of the D -II land use designation. The ordinance restricts development, including processing of development proposals, on all property guided D -II. > During the summer of 1997 City staff inventoried all D -II properties to determine their existing use. Staff also met with many of the property owners to discuss their development plans. > The City is currently in the process of updating its' Comprehensive Guide Plan which will involve review of existing land use designations and determination of their' appropriateness. The Council may consider changing the existing land use designation on some properties to reflect their existing use or to bring them into conformance with the goals and policies of the comprehensive plan and/or the property zoning. > Determination of the appropriateness of the D -II land use category and its designation on specific properties will be completed as part of the Comprehensive Guide Plan update process. It is anticipated that the new Comprehensive Guide Plan will be adopted early next year, after extensive public review by Eagan residents and property owners, surrounding municipalities, school districts, Dakota County, and the Metropolitan Council. ATTACHMENTS: > Resolution, pages t?v through SE\T BY 612 432 3760 5- 1-38 : 12:52 : SUERSON SHELDON— 681 4684:v 2/ 5 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at tate Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 5, 1998, at 6:30 p.m. The following members were present: Egan, Awada, Blomquist, Masin and Wachter; and die following were absent: none. s s s Member introduced the following resolution and moved its adoption: CITY OF EAGAN A RESOLUTION AMENDING THE TERMINATION DATE OF THE INTERIM USE STUDY ORDINANCE NO. 235 2ND SERIES WHEREAS, pursuant to Ordinance No. 235, the City Council established a Subcommittee, consisting to two City Councilmembets, three Advisory Planning Commission Members and appropriate City personnel, to conduct an interim use study for D -II Comprehensive Guide Plan designation. Since the passage of Ordinance No. 235, the Subcommittee has regularly held meetings and studied the issues as directed by City Council. The Subcommittee requires additional time to complete its study and issue a report to the City Council. WHEREAS, it is in the best interest of the City that the ending date of Ordinance No. 235 be extended for 18 months to October 15, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota that Ordinance No. 235 be amended to extend the termination date of May 31, 1998 to October 15, 1999. M 612 432 3760 SENT BY: 5- 1-38 : 12:52 ; SUERSON SHELDON- CITY OF EAGAN Thomas A. Egan, Mayor A'1-1"HST: E. J. VanOverbeke, Clerk 681 4694;# 3/ 5 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Egan, Awada, Blomquist, Masin and Wachter; and the following voted against same: none - WHERE UPON, one. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. d 612 432 3780 SENT 6Y: 5- 1-98 ; 12:52 SBERSO\ SW-LDO\- 681 4693: 3/ 5 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, ADDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS - INTERIM USE STUDY"; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Twelve is hereby established to read as follows: Interim Use Study. A. In July of 1996, the City Council held a workshop concerning lands designated as D-11, according to the City's Comprehensive Guide Land Use Plan. At the City Council's direction, a comprehensive review of policies and locations of D -II land has been under research by City staff. As of June 3, 1997, pursuant to Minnesota Statutes Section 462.355, Subd. 4, the Eagan City Council directed a study to be conducted for the purpose of considering: i. Amendments to the Eagan Comprchensive Guide Land Use Plan for land designated as D-11; and/or it. The possible rezoning of lands currently designated D -ll, under the Land Use Plan. B. This interim ordinance is adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens. C. With respect to property currently designated as D -II in the City's Comprehensive Guide Land Use Plan, commencing on the effective date of this ordinance and cnding 114ay 91, 1998 October 15. 1999, or at such other time as the City Council may determine: i. No building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of cxisting buildings as determined by the City Council. This provision shall not apply to platted lots of record. 6. No requests for rezoning or Comprchensive Guide Plan amendments shall be approved by the Advisory Planning Commission or the City Council. SENT BY: 612 432 3760 5- 1-98 : 12:53 SEVERSO\ SHELDON- 681 4691:: 5/ 5 iii. No conditional use pen -nit or variance shall be approved by the Advisory Planning Commission or the City Council. iv. No portion of the property shall be subdivided or replotted except for the purpose of consolidation of two or more parcels of land into one parcel. Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Tcnalty for Violation"' and Section 12.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinalice shall take effect upon its adoption and publication according to law. A'1'I'EST: CITY OF EAGAN City Council By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: By: Tltotnas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: IN Agenda Information Memo May 5, 1998 City Council Meeting L. -APPROVE bids', Lexington & Diffley athletic -fields FOR COiJNCIL ACTION: To approve Bid',Packages for Contract 98-01. Lexington-Diffley Athletic Fields service buildings. FACTS: • Four bid packages were opened.on April 28 by the Construction Manager and are now being reviewed. • Three packages were of estimate while the fourth -was higher then,estimated. That package is now being reviewed. • A bid tabulation will be presented at the Council.meeting for award. CONCERNS: None ATTACHMENTS: None 30 Agenda Information Memo May 5, 1998 Eagan City Council Meeting IWA :@l .c PWIM113120 116111 Ila *M$A11 1"301101:4 ACTION TO BE CONSIDERED: Reschedule the Final Assessment Hearing for Project 695 (Yankee Doodle Road — Bridge and Street Widening) from May 5 to May 19, 1998. FACTS: • On April 21, the City Council received the final assessment roll for Project 695 and scheduled the public hearing to be held on May 5, 1998. • The May 5' date was a typographical error, as it should have referenced May 19 in order to meet the requirements for notification of affected property owners and publishing in the legal newspaper. • All notices were properly sent and filed with the correct date. However, it is advisable that the City Council take formal action to officially change the date as previously set at the April 21 meeting. 31 Agenda Information Memo May 5, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: Continue indefinitely consideration of a License Agreement with Worldcom Fiber-optic Co. FACTS: • The staff has received a request from the Worldcom Fiber-optic Co. to access and cross City owned property to install a fiber optic cable within one of the Williams Pipeline Co. empty fuel pipelines. The 6 points of access would be within: 1. The Highline Trail corridor just west of Thomas Lake Rd. 2. The linear Park trail through the Ridge Cliff Add. South of Cliff Rd. and East of Johnny Cake Ridge Rd. 3. Patrick Egan Park located immediately Southeast of the Municipal Center 4. Barbara Cury Park located South of Wescott Rd. and West of the Westbury Add. 5. Mueller Farm Park located East of Woodland School 6. Burr Oaks Park located North and West of Rolling Hills Dr. ISSUES: • Upon review of the application by the City Attorney's office, it was recommended that this temporary access permit be handled by a more formal license agreement. During the review process, a potential concern arose regarding possible restrictions to such an installation under the terms of the original easement documents. The easement documents at the County Recorder's office were unreadable. Extra effort is being made to try and locate more legible copies. Unfortunately, this issue has not been resolved to the extent that it can be presented to the City Council for formal action. Staff is recommending that this item be continued indefinitely. 3o2 Agenda Information Memo May 5, 1998 • • :: �: is �• ••� :_ ; :�� • ACTION TO BE CONSIDERED: To receive the bids for Contract 98-08 (Donnywood and Evergreen Additions — Street Improvements), award the contract to Bituminous Roadways, Inc., for the Base Bid in the amount of 5215,708.75 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 2, 1998, the City Council authorized the resurfacing of the streets within Donnywood and Evergreen Additions and directed the preparation of detailed plans and specs. • On April 7, the Council approved these plans and authorized the advertisement for solicitation of competitive bids. At 10:30 a.m. on April 30, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Bituminous Roadways, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid recommendation, pages 3Y and 3S . 23 MEA10 Date: April 30, 1998 To: Honorable Mayor and City Council Members From: Russ Matthys, City Engineer John Gorder, Design/ Development Engineer Subject: Donnywood Addition/ High Site Drive Street Overlay City Project No. 727 Evergreen Park/ Carlson Acres Additions Street Overlay City Project No. 728 City Contract No. 98-07 Bids were opened at 10:30 a.m. on Thursday, April 30, 1998 for the above -referenced project. Out of four bids received, the low bidder for the project was Bituminous Roadways, Inc. A summary of the bids received is as follows: Total Contractor Base Bid 1.) Bituminous Roadways $215,708 2.) Valley Paving $218,009 3.) Vi -Con $227,035 4.) McNamara Contracting $227,792 Donnywood/ High Site Drive The following summarizes the results of the low base bid versus the preliminary feasibility report estimates for the Donnywood Addition/ High Site Drive Street Overlay (City Project No. 727) portion of the contract: Preliminary Low Report Base Bid Deviation Bituminous Street Overlay $70,730 567,975 -3.9% Repair Concrete Curb & Gutter S3I,460 $34,923 +11.0% Stone Sewer Improvements $2,420 N/A N/A Sanitary Sewer Improvements 281 N/A N/A Totals 5104,891 5102,898 -1.9% 3y Based on the bid prices, the estimated assessments for the project versus those identified in the feasibility report would be as follows: Evergreen/ Carlson Acres Additions The following summarizes the results of the low base bid versus the preliminary feasibility report estimates for the Evergreen Park/ Carlson Acres Additions Street Overlay Project (City Project No. 728): Preliminary Low Report Base Bid Deviation Bituminous Street Overlay Est. Assmt Feas. Report Residential Assessment $437/ lot $455/ lot High Density Assmt. Rate $5.85/ F.F. $6.08/ F.F R-3 Property Assmt. Rate $3.90/ F.F. $4.06/ F.F. Evergreen/ Carlson Acres Additions The following summarizes the results of the low base bid versus the preliminary feasibility report estimates for the Evergreen Park/ Carlson Acres Additions Street Overlay Project (City Project No. 728): Preliminary Low Report Base Bid Deviation Bituminous Street Overlay $102,270 $78,351 -23.4% Repair Concrete Curb & Gutter $24,530 $26,470 +7.9% Sanitan• Sewer Improvements $8A15 $7.990 -5.1% Totals $135,215 $112,811 -16.6% Based on the bid prices, the estimated assessment for the residents in Evergreen Park/ Carlson Acres Additions is $480/ lot. This is a reduction of approximately $150 from the estimated assessment outlined in the preliminary report. Favorable bids for this project are likely due to the competitive bidding climate at this time of year. With their favorable bid received, it is recommended to award the contract to the low bidder, Bituminous Roadways, Inc. If the contract is awarded by the Council, the following construction schedule is anticipated: Begin Construction May 26, 1998 Substantial Completion July 17, 1998 35J Agenda Information Memo May 5, 1998 1.4 x a WMAJ I 1111 all go ACTION TO BE CONSIDERED: To approve the plans for Contract 98-09 (Valley View Plateau - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, May 29, 1998. FACTS: • Contract 98-09 provides for the reconstruction of the bituminous streets and improvements to the storm sewer and water main within Valley View Plateau as outlined and discussed in the feasibility report for Project 663. • On April 7, 1998, the City Council held a Public Hearing for Project 663. After hearing presentations and comments from some of the affected property owners within the Valley View Plateau Neighborhood, the council approved the project and authorized the preparation of detail plans and specifications under a contract. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 30 Agenda Information Memo May 5, 1998 Eagan City Council Meeting o3wellia V "fado RTD RX11 a 111 WT47.11 ACTION TO BE CONSIDERED: Authorize the pursuit of a claim through arbitration for City Contract 89-13, Cliff Road Water Treatment Facility. FACTS: • Contract 89-13 provided for the construction of the City's Cliff Road Water Treatment Facility located on the comer of Pilot Knob Road and Cliff Road. The contract was awarded to Penn -co Inc. in June of 1990 and put into service in December of 1991. • Recently, staff has discovered significant problems with some structural components of the plant that are directly related to non-compliance with the detail plans and specifications that were part of the contract. • In order to preserve the City's rights to recover the costs of the required corrective work, it is necessary to pursue a claim for damages through the arbitration process as required under the terms of the contract. • The City Attorney's office has been informed of the issue and is ready to proceed upon City Council authorization. OAK Agenda Information Memo May 5, 1998 REW4101,7416JUT4 WIN ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 94-00 (Pines Edge 1" Addition — Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pines Edge 1" Addition was constructed in the southeast comer of the City of Eagan, east of T.H. 3, south of Red Pine Lane. This development required the installation of sanitary sewer, water main, and storm sewer, and street construction, which were performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. • t ' 1 ' 13 13 10 E110 ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 95-B (Pines Edge 2nd Addition) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pines Edge 2"d Addition consists of four residential lots adjacent to Pines Edge 1" Addition in the southeast corner of the City of Eagan, east of T.H. 3, south of Red Pine Lane. The improvements needed for this development were included with the installation of sanitary sewer, water main, storm sewer, and street constructed with the 1" Addition. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo May 5, 1998 11;14 WWI U 3W 21 01A3 I 31a Itaw' , i 13 111910 ACTION TO BE CONSIDERED: To receive the petition to vacate drainage and utility easements, and schedule a public hearing to be held on June 2, 1998. FACTS: • City staff has received a request from Robert Johnson of Duke Realty to vacate all drainage and utility easements on Lots 1, 2, and 3 of the Dallas Development 2nd Addition. Mr. Johnson is proposing a replat of the property as Silver Bell Commons. • City engineering staff will review the site plan for the redevelopment of the property to evaluate the site for drainage and utility easements necessary to accommodate the proposed improvements. • The purpose for the request to vacate the easements is to enable the redevelopment of the property. ATTACHMENTS: • Location map, page y b • Legal description graphic, page _qL 39 0 6� R�vER E50� P ,,pNN PROPOSED EASEMENT VACATION SECTION 18 city of eagan PUBLIC �O LOCATION MAP WffWORKS DEPARTMENT SL'I= _EL IIHAVE14 MQ PROPOSED EASEMENT VACATION %.•';� `^ EASEMENTS TO BE VACATED lj J i !I raino DESCRIPTION �o 80 N 1 G EXHIBIT �`5 .. . 200 400 GRAPHIC SCALE - FEET JUSTIFICATION: The easements are being vacated in accordance with Dakota County and are to be vacated prior to the platting of SILVER BELL COMMONS. BOLTON & MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1515 EAST NIONWA( 13. BVRNSVILLE. UN 557:7 (61:) BSC -:SC F RYONT UN • SLEEPY EYE WN. IV / . OTHER OrcK1N u - • 4AN.1T0. MN • 41E$, 11 All drainage and utility easments as recorded in the plat of DALLAS DEVELOPMENT 2ND ADDITION, according to the plat thereof on file and of record in the office j of the County Recorder, Dakota County. Minnesota. being recorded in April, 1988. , C .O O �o 80 N 1 G EXHIBIT �`5 .. . 200 400 GRAPHIC SCALE - FEET JUSTIFICATION: The easements are being vacated in accordance with Dakota County and are to be vacated prior to the platting of SILVER BELL COMMONS. BOLTON & MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1515 EAST NIONWA( 13. BVRNSVILLE. UN 557:7 (61:) BSC -:SC F RYONT UN • SLEEPY EYE WN. IV / . OTHER OrcK1N u - • 4AN.1T0. MN • 41E$, 11 Agenda InformationMemo May 5-,1998 Eagan•City Council Meeting LIA ACTION TO BE CONSIDERED: Receive a petition and authorize the,preparation of a Feasibility Report for Project No. 743 ( Towerview, Road/LemayLake — Sanitary Sewer and Water Extension). FACTS: On the east end of Tower -view Road: east of Quarfy Lane, and north:of Moonshine Park thiee-un parcels; are not currently served by City sanitary sewer and water service. • ' All ,three homes have their own private well and'septic system. • On,April 22, 1998, City staff received a petition from two of'the 'three proper,'ty ,owners requesting thevinstallation of sanitary sewer;and water main. • Staff is requesting Council authorization to prepare a detailed feasibility report to evaluate the size, alignment, financing and scheduling of completing'the.permanent utility services. ISSUES:. w One of the three property owners is not currently supportive of the extension of santary,sewer and water. main to service their property. The two southerly properties do not have public street access. Accesskis provided byla ,private ingress/egress, easement. A public drainage. and utility easement will need to be acquired with, the'. extension of public utilities. Due to the low elevations of the homes, the. feasibility .report will evaluate tlIe possible need for a _sanitary lift station, or;pn. ate ejector pumps. I ATTA'CHNIENTS: ` L�� ,.� • Petition/location map/site map, pages � through L. w bo- PETITION FOR CITY USE ONLY Petition # Date Received Presented to Council LOCATION/SUBDIVISION 032-3/ 033-3/ - /o I/We, the undersigned, owners of the real property adjacent to (Street) orwithin Subdivision, hereby petition for: Street Improvements Sanitary Sewer Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. 4. 5. 6. 7. 8. 9. 10. CZE 3W L[ 5 A i c e a 5 r c �..„' P W 1r NIER Q ��A. �=y a V LONE OAK Iai o �St � a 1 W J O I n Cu v (L OwERv RD. �I < YJJURoDA `p0 SITE �G I I OMARICE Q V I, C O IZ V J ;V Z U.S. POST O i I OFFICE x J CORD 1 \ QO .�' CLUB VIEW OR YANKEE DOODLE ROAR 87st > I YANKEE PL. I --'ST. a TOWN I 0. /I l� a G��SRE DR. i n� fy rpm Z MRE DP.. OOLr VIEW pQ city of eagan PUBLIC WORKS DEPARTMENT SECTION 10 LOC)kTION MAP Q 0 a :coo V�U el L: r ILE! Aw 2 LA E HIL S )WERVIEW ROAD ....... ........ I 3 I 2 q. 10 .ANE s ............ . .... .. ....... .... ... ... 2 MOONS WE PAR yo � lvllv 6000 WE 075 a Oy 72 city of eagan PUBLIC PETITIONING PROPERTIES LWWORKS .. DEPARTMENT 010-57 Agenda Information Memo May 5,1998 City Council Meeting V. APPROVE Establishment of Scholarship Account FOR COUNCIL ACTION: To approve the creation of a "Scholarship Account" and process to receive gifts/donations to be used for recreation program registrations. BACKGROUND: The City has long held the position that families and children who are not able to afford program fees for recreation programs may apply for scholarships. Department staff evaluates the hardship of the applicant and either waives the fee in its entirety or makes a partial reduction. The result is that the program receives less revenue. Occasionally the department receives cash donations, which are usually deposited into the general fund without designation, unless specifically given for a particular purpose. The Scholarship Account would now be the depository for undesignated gifts to the Parks and Recreation Department with transfers made to the appropriate program revenue account when a scholarship is awarded. Last year the department provided in excess of $5,000 in scholarships. FACTS: Each year the Recreation Division receives numerous requests for assistance to allow children to participate in recreation programs. The creation of a "Scholarship Account" would act as a repository for gifts and donations wNch would eventually be used to pay the cost of recreation program participation. Families would still go through the same application process and may be requested to pay a portion of any program fee. CONCERNS: None. If there is not sufficient money in the account to cover scholarships, the scholarship will still be provided. The process will require additional efforts by the accounting division to track relatively small amounts of revenue and expenditure transfers. However, the system will help show that some recreation programs do generate greater incomes than may otherwise be shown. ATTACHMENTS: None 1�6 Agenda Information Memo May 5, 1998 WwrY411 14 ACTION TO BE CONSIDERED: To approve the request for amendment to the Development Agreement (Gardenwood Ponds 2nd Addition). FACTS: • D. R. Horton Inc. entered into a Development Agreement with the City of Eagan for the construction of Project 96 -BB (Gardenwood Ponds 2"d Addition). • City staff has received a request from Don Patton, Manager of Land Development, D. R. Horton, Inc. to extend the date for the completion of the bituminous wear course for the 2nd Addition by one year to May 15, 1999. • The purpose of the request for the extension is to enable the construction of more houses within the development prior to the placement of the wear course. The streets within the development are public streets and city staff concurs that it would be in the best interest of the city to extend the completion date by a year. ATTACHMENTS: • Letter From Developer, page . 2 612 454 0460 APR. -23' 981THL-1 16:04 JOE %)I LLER H01ES TEL:612-454-0460 P.001 D. R. HORTON INC., - MINNESOTA 23 April 1998 City of Eagan Attn: Russ Matthys fax: 68 3830 Pilot Knob Road Eagan MN 55122 Washington Dr., Suite 204 Eagan, MN 55122 612 454-4663 ext. 140 Fax 612 454-0460 -4694 Subject: Gardenwood Ponds 20' Streets Project No. 96BB j Gentlemen: Our development agreement called for the wear coarse to be installed by May 15, 1998. Because of the price bracket of the homes in this subdivision, the absorption has been slower than we planned. We:have quite a lot of construction to complete on the lots that front on the streets in the subject development. I We request that a One Year extension be approved in the completion of the wear coarse. We have had a recent spurt of sales, and anticipate the submission a final plat of the lots on the southwest corner of our preliminary plat in the next couple of months, so that we will have an inventory for the Spring of 1999. Call me if you have other con Icerns Sincv"C+w Don Patton Manager of Land y Re. Agenda Information Memo May 5, 1998 Eagan City Council Meeting LICENSES, PAWN SHOP LICENSING AND ON -SALE LIQUOR LICENSES ACTION TO BE CONSIDERED: To authorize staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of massage therapist licenses, tree contractors licenses, pawn shop licensing and on -sale liquor licenses. FACTS: Staff has identified the following areas in the City Code that are not consistent with today's practice and/or circumstances and is recommending formally changing the Code: The anticipation for a massage therapist license currently includes a requirement fora medical certificate that is not practical and should be eliminated. The application also requires certain photos that provide no helpful information and should be eliminated. The section requiring educational proof contains a typographical error from an earlier change that will be corrected. Finally, the fees are included in the actual ordinance and should instead be referenced to the fee schedule. 2. The Tree Contractors license currently requires a bond that really provides nothing to the process. The requirement should be removed from the Code. The Pawn Shop License should be modified to require the applicants to use the automated pawn system that is a computer arrangement that enhances law enforcement's ability to track merchandise. The system links numerous cities together electronically. It is expected that this change will allow a reduction in the City's annual license fee that will be considered at the time of the fee schedule adoption. 4. The liquor licensing provisions of the Code need to be changed to provide for the increased number of on -sale licenses that are now available. We also would like to clarify the status of Club licenses relative to the limit. Assuming the Council approves this recommendation, specific ordinances will be brought back at a later date for consideration. a Agenda Information -Memo May 5, 1998 Eagan City Council, Meeting "ACTION TO BE CONSIDERED: Toa rove the submission of a ant proposal to the Department of Natural R`esourcesby the PP !� P P P Park and,Recreation Department,'Forestry Division for the purpose of developing a new dieitized set of aerial photos of the City. FACTS: • Aerial photos of the City were .last taken in 1994. • The photos would be used primarily to evaluate vegetative'cover, water quality and land use and would be available to all departments in hard copy and on P.C.'s. • The estimated total cost of the project is S6,000. The maximum grant is 50%.. The;City.would be, responsible: for a 50% match consisting of approximately, ST800 ofcash expenditures,andrS1200 of in-kind labor. Funding would'be shared by departments. • The grant;program is competitive, If awarded Council approval would be requested prior to acceptance, ATTACHMENTS: None L\33b\conservation partner grant S 0 A� 1.{ r a Agenda Information -Memo May 5, 1998 Eagan City Council, Meeting "ACTION TO BE CONSIDERED: Toa rove the submission of a ant proposal to the Department of Natural R`esourcesby the PP !� P P P Park and,Recreation Department,'Forestry Division for the purpose of developing a new dieitized set of aerial photos of the City. FACTS: • Aerial photos of the City were .last taken in 1994. • The photos would be used primarily to evaluate vegetative'cover, water quality and land use and would be available to all departments in hard copy and on P.C.'s. • The estimated total cost of the project is S6,000. The maximum grant is 50%.. The;City.would be, responsible: for a 50% match consisting of approximately, ST800 ofcash expenditures,andrS1200 of in-kind labor. Funding would'be shared by departments. • The grant;program is competitive, If awarded Council approval would be requested prior to acceptance, ATTACHMENTS: None L\33b\conservation partner grant S 0 Agenda Information Memo May 5,1998, Eagan Cita Council Z. FINAL SUBDIVISION (MARICE ADDITION) — DPDC Inc ACTION TO BE CONSIDERED: To approve a Final Subdivision, Marice Addition, consisting of Mo lots on 6.53 acres east of Pilot Knob Road and south of Marice Drive (formerly the site of the Eagan Athletic Club), located in the SW 1/4 of Section 10. FACTS: > On November 18, 1997, the City Council approved the Preliminary Subdivision in conjunction with Conditional Use Permits for development of a class I restaurant (Sidney's) and a senior congregate and assisted living facility (Marice Manor). > All documents are signed and in order for execution at the regular City Council meeting on May 5, 1998. ATTACHMENTS: Final Plat (Marice Addition), page S� S/ EXHIBIT , Wrt MARICE AMMON me aeli % RM AWOMTM a I.wlr P.[I•MI [[a[.r [.fwllf l[ r. r. Agenda Information Memo May 5, 1§98,Eagan`City Council Meeting PUBLIC HEARINGS A. CERTIFICATION OF DELINOUENVU:TILITIES ACTION TO'-BE.CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for' collection with property taxes. FACTS: • The,City currently has approximately 269 utility bill accounts with'delinquent payments. The assessableamount of these accounts; is 545,500.75. These items are in order for certification.to the County. ATTACHMENTS: • .Delinquent account list attached on pages S1-1 through V S3 0 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID 1010140004 101670307007 1030330303 101670106005 1040290703 101670125001 1040450702 101670109001 1041070205 101670308002 1050070003 108460007005 1060110202 103230011000 1060650701 102488021005 1060710901 102488004006 1061120002 102488011003 1070100103 108435101001 1070120904 108435103001 1070280104 108435109002 1080250203 108435018002 1083340803 108427506002 1090020701 108435403001 1090050401 108435406001 1090070201 108435408001 1090510702 108435417003 1090580002 108435406005 1090591702 108435405005 1090650102 108435401004 1091050304 108425020001 1091290506 108425015003 1101060006 108460204004 1101150906 108460204005 1110090602 108460233003 AMT -OPEN ACCOUNT -STATUS 30 -APR -1998 (09:26 ASSESS -AMT ------------------ 72.33 AC 97.33 242.85 AC 267.85 219.49 AC 244.49 273.15 AC 298.15 92.63 AC 117.63 161.41 AC 186.41 .20 AC 25.20 100.72 AC 125.72 214.72 AC 239.72 227.93 AC 252.93 115.96 AC 140.96 122.82 AC 147.82 181.91 AC 206.91 232.42 AC 257.42 107.37 AC 132.37 526.79 AC 551.79 399.92 AC 424.92 207.29 AC 232.29 129.69 AC 154.69 361.75 AC 386.75 81.37 AC 106.37 66.63 AC 91.63 413.09 AC 438.09 127.75 AC 152.75 48.95 AC 73.95 161.80 AC 186.80 140.16 AC 165.16 Sy REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT-OPEN -------------------------------------------- 30-APR-1998 (09:26 ACCOUNT -STATUS ASSESS -AMT -------------------------------- 1110200104 108460226003 48.04 AC 73.04 1110530103 108460232002 55.97 AC 80.97 1110550906 108460230002 150.46 AC 175.46 1111080603 108460232001 131.68 AC 156.68 1111420406 108460203001 107.19 AC 132.19 1112040902 107640010001 81.77 AC 106.77 1112230602 104725226002 71.87 AC 96.87 1120170402 106440006005 344.84 AC 369.84 1140500803 108435518003 108.62 AC 133.62 1150780303 108425201002 146.49 AC 171.49 1162261002 107120007001 133.72 AC 158.72 1162270101 107120003002 234.17 AC 259.17 1170590202 104805007002 166.73 AC 191.73 1171340102 104805010101 236.64 AC 261.64 1172100805 107297518002 231.49 AC 256.49 1174340802 107297702201 132.08 AC 157.08 1174370502 107297703201 177.50 AC 202.50 1181630301 101350017006 255.29 AC 280.29 1190160002 101500312001 139.63 AC 164.63 1190790401 101500017002 158.04 AC 183.04 1191040303 101500010003 219.09 AC 244.09 1200730802 108195016001 217.60 AC 242.60 1200930403 108195005002 161.53 AC 186.53 1210040002 101715033002 28.26 AC 53.26 1210900506 101715204003 146.63 AC 171.63 1212180201 108355001004 193.57 AC 218.57 1213030803 106760005002 182.70 AC 207.70 .55� REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID 1221570305 105210018002 1221790703 105210005001 1222250103 105210010005 1222590004 105210005007 1222800302 105210003006 1226260602 102580101004 1230790601 103980018002 1231130403 103980202006 1231170003 103980202007 1231760803 103980302009 1231910901 103980303013 1242070901 105210107001 1243010402 104507101002 1246200802 104509010002 1251570602 107595117001 1260440103 101660105003 1260830306 101660204001 1260880802 101660209001 1260920205 101660212102 1261050702 101660206102 1261120806 101660202102 1262310401 101740008201 1262480503 101740221102 1262500008 101740223002 1262540602 101740227002 1262560405 101740209103 1262710504 101740202103 30 -APR -1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 143.39 AC 168.39 103.01 AC 128.01 133.17 AC 158.17 241.71 AC 266.71 248.42 AC 273.42 130.66 AC 155.86 179.45 AC 204.45 122.88 AC 147.88 139.49 AC 164.49 125.75 AC 150.75 105.94 AC 130.94 250.82 AC 275.82 223.80 AC 248.80 216.74 AC 241.74 96.02 AC 121.02 249.79 AC 274.79 38.53 AC 63.53 87.43 AC 112.43 133.95 AC 158.95 3.87 AC 28.87 152.21 AC 177.21 123.03 AC 148.03 302.03 AC 327.03 158.44 AC 183.44 259.28 AC 284.28 139.21 AC 164.21 248.09 AC 273.09 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID ------------------------------- 30-APR-1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 1262920003 101740214002 160.40 AC 185.40 1263321002 105355001001 143.45 AC 168.45 1264410001 106920010000 61.59 AC 86.59 1270070403 106398007001 80.55 AC 105.55 1270870703 106398004008 223.25 AC 248.25 1280060305 106398103010 78.28 AC 103.28 1280170003 106398102009 87.74 AC 112.74 1280650102 106398204007 175.57 AC 200.57 1280730104 106398204006 124.04 AC 149.04 1280800206 106398203006 106.03 AC 131.03 1280840807 106398609001 299.76 AC 324.76 1281200404 106398303009 134.10 AC 159.10 1281250902 106398304008 263.00 AC 288.00 1281670805 106398402013 117.05 AC 142.05 1282110404 106398404001 178.13 AC 203.13 1282700201 105675003004 203.68 AC 228.68 1282900801 105675007005 173.36 AC 198.36 1283610203 101375016003 109.20 AC 134.20 1283810805 101375002001 242.09 AC 267.09 1283910603 101375009002 218.72 AC 243.72 1290250805 102275018002 180.22 AC 205.22 1290400903 102275001002 51.92 AC 76.92 1291130103 102275047002 202.78 AC 227.78 1301030102 107820101001 68.16 AC 93.16 1302880804 102560115001 128.75 AC 153.75 1303020002 102560103004 267.27 AC 292.27 1310570501 101230005005 159.70 AC 184.70 S? REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1310990501 104727702003 208.25 AC 233.25 1311270102 107296108001 194.48 AC 219.48 1313800302 108375020001 73.66 AC 98.66 1316630101 108375101004 187.29 AC 212.29 1317810802 104509406001 65.01 AC 90.01 1317960101 104509404002 187.30 AC 212.30 1318690302 108350001001 107.73 AC 132.73 1318800802 108350012001 51.92 AC 76.92 1319200001 105769003005 181.20 AC 206.20 1320970502 104725329001 101.22 AC 126.22 1550900301 100360001281 17.14 AC 42.14 1551390601 100360001082 17.14 AC 42.14 2311200602 101670008006 170.80 AC 195.80 2311350903 101670019005 .55 AC 25.55 2320260903 101670002008 81.64 AC 106.64 2320810102 101670215004 54.58 AC 79.58 2321260801 101670210004 262.71 AC 287.71 2330060102 101665006001 123.82 AC 148.82 2330080901 101665004001 102.07 AC 127.07 2330100502 101665002001 123.33 AC 148.33 2330300104 101670207005 87.81 AC 112.81 2330460302 101670231008 47.11 AC 72.11 2330580803 101670243008 180.86 AC 205.86 2340230802 100190001211 573.40 AC 598.40 2340560802 100190001006 602.14 AC 627.14 2341221601 100170001275 2.23 AC 27.23 2342000303 101430110001 110.17 AC 135.17 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID ------------------------------- 30-APR-1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 2342060704 101430103001 122.53 AC 147.53 2350710601 101670402005 115.10 AC 140.10 2350740301 101670405005 167.69 AC 192.69 2350870803 101670409012 1.08 AC 26.08 2350920105 101670405012 87.32 AC 112.32 2351190004 101670422006 72.78 AC 97.78 2351250201 101670406006 123.90 AC 148.90 2370130303 101670524006 183.56 AC 208.56 2371320905 101671208101 .95 AC 25.95 2371330805 101671208101 89.56 AC 114.56 2380030302 101670603005 230.00 AC 255.00 2380330701 101670415010 155.60 AC 180.60 2380360401 101670412010 154.42 AC 179.42 2390010303 100200004177 180.99 AC 205.99 2390050903 101190004001 44.79 AC 69.79 2391550702 101670516008 78.33 AC 103.33 2391650501 103295102002 49.70 AC 74.70 2391660407 103295103002 155.63 AC 180.63 2391700803 103295103003 70.43 AC 95.43 2391840202 103295102007 102.70 AC 127.70 2391910302 103295101009 104.17 AC 129.17 2391940003 103295104009 128.68 AC 153.68 2391960802 103295204006 207.69 AC 232.69 2400530806 107710006010 56.00 AC 81.00 2401250206 107710002008 146.78 AC 171.78 2410760901 101670708006 288.47 AC 313.47 2410880503 101670708005 274.12 AC 299.12 s9 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID ------------------------------- 30-APR-1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 2410960503 101670727006 209.04 AC 234.04 2411590905 101438701001 133.46 AC 158.46 2411850701 101438705002 157.40 AC 182.40 2420160007 107300203009 62.74 AC 87.74 2420380405 107300007020 85.51 AC 110.51 2420410907 107300005020 164.88 AC 189.88 2420570004 107300004014 123.89 AC 148.89 2420740904 107300004006 27.07 AC 52.07 2421080901 107300104014 189.98 AC 214.98 2421620203 107300404002 82.95 AC 107.95 2421860401 101435019001 144.51 AC 169.51 2430290301 107650103001 98.70 AC 123.70 2430520306 107650003006 137.11 AC 162.11 2430560903 107650002005 71.95 AC 96.95 2430850401 107650202011 58.54 AC 83.54 2430870206 107650204011 144.38 AC 169.38 2431020301 107650203008 168.37 AC 193.37 2431270402 107650301014 18.33 AC 43.33 2431930301 107650204005 .69 AC 25.69 2432370103 105750301002 76.93 AC 101.93 2432780104 108446123001 52.00 AC 77.00 2433220705 108446006003 121.89 AC 146.89 2433380902 108446012001 303.56 AC 328.56 2433570504 108446011002 396.24 AC 421.24 2451180003 108365005105 75.43 AC 100.43 2451630404 108365108002 285.30 AC 310.30 2460190802 102190023001 127.95 AC 152.95 REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2471268901 101380005001 209.73 AC 234.73 2490110003 103275004002 85.14 AC 110.14 2490180301 103275004003 119.20 AC 144.20 2500131404 101499306001 114.57 AC 139.57 2500200702 101499020001 181.78 AC 206.78 2500410207 101499207001 .55 AC 25.55 2500680001 101499234001 194.33 AC 219.33 2500740208 101499321001 139.61 AC 164.61 2501140402 101499361001 136.92 AC 161.92 2501260002 101499301002 222.07 AC 247.07 2510720201 103190002003 225.53 AC 250.53 2530480902 102390030002 90.73 AC 115.73 2550340001 104445004001 34.04 AC 59.04 2560210301 106767005002 129.62 AC 154.62 2561430602 101997504002 152.97 AC 177.97 2564870001 101432508002 50.10 AC 75.10 3550490101 100380008002 17.40 AC 42.40 3550660901 104870001200 17.40 AC 42.40 3611520204 101630003001 167.64 AC 192.64 3611530103 101630004001 87.67 AC 112.67 3611550903 101630006001 88.76 AC 113.76 3614670202 101807569001 13.42 AC 38.42 3621090401 105530014001 207.64 AC 232.64 3621740403 105530019003 323.42 AC 348.42 3621810504 104810005000 53.94 AC 78.94 3630240402 108140001003 106.18 AC 131.18 3630700702 101830009105 118.18 AC 143.18 6/ REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3640181806 102096012004 193.57 AC 218.57 3640480410 102096021001 304.58 AC 329.58 3643050201 104465157001 195.21 AC 220.21 3643370402 104465105001 37.89 AC 62.89 3643390202 104465103001 47.79 AC 72.79 3650450407 104775004001 49.76 AC 74.76 3650470203 104775006001 109.76 AC 134.76 3650900805 104775004003 202.20 AC 227.20 3651230901 104775208001 152.64 AC 177.64 3651260601 104775210002 76.60 AC 101.60 3660420502 101560009000 145.11 AC 170.11 3660670502 106710001001 158.90 AC 183.90 3660750502 103200002000 156.71 AC 181.71 3671290901 101550140002 295.97 AC 320.97 3672550501 101550114003 167.01 AC 192.01 3680400301 103299007003 309.29 AC 334.29 3701740701 104506008002 61.42 AC 86.42 3710660601 107250028001 157.90 AC 182.90 3711640702 107250011005 129.00 AC 154.00 3750500502 101827538003 151.93 AC 176.93 3770800502 104507526001 205.19 AC 230.19 3770840101 104507522001 157.07 AC 182.07 3780040603 104508010004 191.56 AC 216.56 3780090101 104508005004 103.84 AC 128.84 3781360701 104508105001 198.71 AC 223.71 3790640101 107298305001 66.66 AC 91.66 3822020801 103299204003 96.87 AC 121.87 REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3825430602 107259001001 128.43 AC 153.43 3827200101 107680009001 76.05 AC 101.05 3827260501 107680015001 157.74 AC 182.74 3827270401 107680016001 124.16 AC 149.16 1070140708 1112580401 1180820102 1181880401 1220830202 1262430003 1281980105 1315350702 2311360804 2320620403 2330910702 2420260804 2431420503 2440630803 2480630904 2563730701 2565000301 3631440904 3651030304 3661040004 3700800009 3740430803 108435105001 104725234002 101350025004 101350025006 104430025002 101740216102 106398403006 103215110004 101670018005 101670018009 101670412002 107300005003 107650303001 101438105002 106590003002 101370003001 101432521002 101830002002 104775110001 103060102001 108360003001 104503506003 36614.19* 35.54 14.16 163.67 68.31 22.82 70.28 21.09 60.19 45.65 153.19 154.72 140.04 202.58 77.99 203.48 44.65 9.54 334.35 75.77 127.87 86.33 49.34 6� CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB 60.54 39.16 188.67 93.31 47.82 95.28 46.09 85.19 70.65 178.19 179.72 165.04 227.58 102.99 228.48 69.65 34.54 359.35 100.77 152.87 111.33 74.34 REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT -------------------------------------------------------------------------------- 2161.56**> 38775.75* U 45500.75* Agenda Information Memo May 5, 1998 1 ACTION TO BE CONSIDERED: To close the public hearing and approve/deny the vacation of a portion of Meadowview Road west of Alexander Road and east of the Canadian Pacific Railroad and authorize the Mayor and City Clerk to execute all related documents. FACTS: • City staff has negotiated said vacation in conjunction with an assessment objection for Project 615R by Jay Clark, President of Petroleum Property Management, Inc. Mr. Clark has agreed to remove his objection to the special assessments levied under Project 615R in consideration of the right-of-way vacation. • The right-of-way was originally dedicated for the purposes of a public street and public utilities. There is no need to extend a public street west of Alexander Road due to the location of Fort Snelling State Park west of the Canadian Pacific Railroad. The properties adjacent to this existing portion of Meadowview Road have access to the remaining portion of Meadowview Road or Alexander Road. • The purpose for the request to vacate the public right-of-way is to decrease the setback requirements for future development of the adjacent property. • The City of Eagan will maintain a drainage and utility easement, as well as right of access, over the existing Public right-of-way, except for the cul-de-sac bulb. • Public notice for the right-of-way vacation was published in the City's legal newspaper. Additional notices were provided to public utility companies and adjacent property owners. No objections have been raised prior to the preparation of this report. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page "-. ^ L• Easement Vacation Map, page 1. PROPOSED RICHT-OVIAT.MD EASYE.MT VAC.ATIOR L \V I \ CC rI /R H WATER TREATMEP FACILITY CITY C�p4 I MAINT. r �u itv SECTION 8 city of eagan PUBLIC / WORKS /n� LOCATION NAP DEPARTMENT vvv e, NO SCALE J� 00800-010-04 � QP NOTE: / NO FIELD SURVEY WORK WAS PERFORMED AS TO THE PRECISE LOCATION �' Qom' ' OR AREA OF THIS EASEMENT. GP 200' G 00800-020-04 FORESTON OIL 30' PER EASEME TH UNE NE 1/4 - NE 1/4 SEC. 1 Q - ml 80220-010-01 I �� I Z I � Q X 39900-010-0; city of eagan Fj PUBLIC WORKS ®pR0 OSED RIGHT-OF-WAY AND EASMENT VACATION DEPARTMENT Agenda Information Memo May 5, 1998 ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 717R (Country Home Heights - Street Improvements) and, if approved, authorize the preparation of detailed plans and specifications. • The streets proposed to be improved within the Country Home Heights neighborhood are gravel and only 20 to 24 feet in width. The neighborhood provides access to 61 single- family lots. • The construction of the streets within Country Home Heights is programmed for 1998 in the current 5 -Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1992. • The initial feasibility report for Project 717R was presented to the City Council and the neighborhood at an informational meeting held on October 7, during a regular council meeting. • A public hearing was held on January 20, 1998. At the close of the hearing, two motions were made to approve Project 717R, one with full City standard street construction, the other with a 2" bituminous overlay. Both motions failed. • On March 24, 1998, City staff received a petition requesting a 28 foot wide City standard street section with concrete surmountable curb and gutter within the entire Country Home Heights subdivision. 35 out of 60 (58%) of affected property owners signed the petition. • On April 7, 1998, the City Council directed city staff to amend the feasibility report for Project 717R in response to the petition and a Public Hearing was scheduled for May 5 to formally present and discuss the amended report with the neighborhood. • An informational meeting was held on April 27 at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 15 owners representing 12 properties (about 19% of total notified) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Amended Feasibility Report, pages k 7 through. • Project Information Summary, page. // • Minutes From Informational Neighborhood Meeting, pages b through 'r0. • Letter from resident, page 71e/—. Report for Country Home Heights Addition Street Improvements City Project No. 717R - Amended Eagan, Minnesota September 1997 Revised January 1998 Amended —April 1998 r city of eagan , THOMAS EGAN April 21, 1998 Moves PATRICIA AWADA BEA BLOM@VIST Honorable Mayor and City Council SANDRA A THEODORE WACIHTER City of Eagan c« a MemUws 3830 Pilot Knob Road THOMAS HEDGES Eagan, MN 55122 ON ACrNK trator E J VAN OVEreEKE RE: Country Home Heights Street & Storm Sewer Improvement Report car Clem City Project No. 717R - Amended Dear Mayor and City Council Attached is our amended report for the Country Home Heights Street & Storm Sewer Improvements, City Project No 717R The report presents and discusses the proposed improvements (including potential cost-saving provisions) and provides a cost estimate and preliminary assessment roll We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report Sincerely, John P. Gorder Develop ment/Design Engineer Reviewed By: Reviewed By MUNICIPAL CENTER = PILOT KNOB ROAD EAGAN. MNNESOTA W72-180 PHONE (612) 661 4600 FAX (612)6814612 TDD (0,12)454.6575 I hereby certiS that ttus report «as prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the lass of the State of Minnesota John P. Gorder Date: _ -,?4- Reviewed ,?4 E LONE OAK TREE THE SYMBOL OFSTRENGTHAND GROWTH IN OUR COMMUN17e 9 /Equal O000rrun tV Employer Reg. No w - ' : > MAINTENANCE FACILITY 3601 COACHMAN PON* EAGAN. MNNESO'A 55:22 PHONE (A 12) 6814200 'AX (612)681.436C TCD (612)454.8535 Table of Contents Letter of Transmittal/Certification Page Table of Contents Page Scope....................................................................................................... I Feasibility and Recommendations.........................................................2 Discussion............................................................................................... 2 Easementsand Permits..........................................................................3 CostAnalysis..........................................................................................4 Areato be Included................................................................................4 Assessments............................................................................................ S RevenueSource......................................................................................5 Estimated Assessment............................................................................6 ProjectSchedule........................»...........................................................6 List of Appendices Appendix A — Preliminary Cost Estimates Appendix B — Preliminary Assessment Roll List of Figures Figure 1 — Location Map Figure 2 — Street Improvements & Assessment Map Figure 3 — Storm Sewer improvements Figure 4 — Existing & Proposed Typical Sections Scone This project provides for the upgrade of the existing gravel streets within the Country Home Heights Addition to urban standards (concrete curb & gutter, bituminous surfacing, and storm sewer) Country Home Heights is located north of Lone Oak Road (County Road 26) and east of Pilot Knob Road (County Road 31), as shown on Figure I Country Home Heights Addition is one of the oldest subdivisions in the City, platted in 1949, and includes 76 single-family residential homes, 61 of which take direct driveway access onto unimproved streets. Sanitary sewer and water main utilities were constructed in 1970 to serve the subdivision. Storm sewer and street improvements were not constructed at that time except for reshaping the existing streets and a placement of a 4" thick gravel base Since that time, the City has continued to grade the streets and add supplemental gravel as required The City has also been adding a chloride treatment which minimizes dust and erosion of the gravel Country Homes Heights Addition is one of the last subdivisions in the City with gravel -surfaced streets. On three previous occasions, the City Council has denied public improvement projects to upgrade streets within the Country Home Heights Addition. The first proposed project, City Project No. 605 — Country Home Heights Storm Sewer & Street Improvements in 1990, included the upgrade of the streets to the full City standard of concrete curb & gutter, bituminous surfacing, and storm sewer The second project proposed, City Project No. 717 — Rainier Lane Street & Storm Sewer Improvements in 1997, was in response to a citizen petition this past spring and included the upgrade of the 600 -foot length of Rainier Lane to full City street standards The third, City Project No. 7178, also included the upgrade of all streets within Country Home Heights to full City standards. All of the past projects were denied by the Council based on large project costs versus the potential benefit to adjacent assessable properties This proposed project (Project 717R -Amended) is also in response to a citizen petition that was presented to the City Council April 7, 1998. The petition requested that the width of the improved streets be reduced to 28 feet (from the City standard of 32 feet wide) and that surmountable ("drive -over") curb & gutter in lieu of B618 ("barrier") curb & gutter be placed as part of the project. The Council accepted the petition and directed that the report for Project 717R be amended to explore all feasible cost -savings provisions for construction of the upgrade in order to reduce the total project cost. The cost -reducing measures included in this report are as follows • A reduction in the width of the streets from the City standard of 32 feet to 28 feet (face to face of curb). • The utilization of surmountable concrete curb & gutter • A decrease in the amount of storm sewer installed from previous reports • The utilization of existing storm sewer along Egan Avenue -t- Feasibilitv and Recommendations This project is necessary to provide a sayer driving surface, increase rideability, and control dust and erosion This project is cost-effective in that it will increase the property values of adjacent properties. This project is also cost-effective in that the proposed improvements reduce long-term maintenance costs such as periodic grading, the placement of additional gravel, and chloride treatments to control dust The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Storm Water Management and Street Plans The project can best be carried out as one contract. Discussion Streets It is proposed to improve the existing 20 to 24 -foot wide gravel streets with bituminous surfacing and surmountable concrete curb and gutter, and storm sewer to a width of 28 feet, as shown on Figure 2. As discussed earlier, the 28 -foot width is an effort to reduce street construction costs. A 32 -foot width is the City standard for most local residential streets within Eagan. This width allows for on -street parking on both sides while still allowing the passage of two vehicles traveling opposite directions. The 28 -foot width may not allow the efficient passage of two vehicles going opposite directions with on -street parking on both sides of the street. Surmountable concrete curb and gutter is generally used in new development areas where driveway locations have not been established prior to construction Surmountable curb and gutter does not provide the protection of barrier curb to prohibit vehicles or snow plows from driving over the curb and damaging boulevard areas at non -driveway locations, resulting in long-term maintenance problems for the property owner and the City, Because the gravel streets were not originally built to a design that anticipated future urban street construction, the existing gravel base cannot be effectively salvaged for reuse as base for the urban standard street. Also, over time the gravel base has become contaminated by the underlying soil and would, therefore, not meet street aggregate base gradation standards The proposed street section consists of 3 inches of bituminous pavement and 6 inches of crushed aggregate base, which is a typical section for residential streets in the City The existing and proposed typical sections are shown on Figure 4 The advantages of an urban standard City street versus the current gravel streets are as follows. - The recurrent grading and addition of gravel base are eliminated - The ongoing chloride treatment to minimize dust is eliminated - Erosion resulting from heavy rains is eliminated - Locating and accessing manholes and gate valves in emergency situations is quicker - The blockage of existing culverts and storm sewers preventing proper drainage is reduced - Safer driving conditions (increased driver control, rideability, etc ) - Adjoining property values are increased. conditions Storm Sewer (Figure 3) The majority of storm water runoff from Country Home Heights is divided into two drainage areas as identified in the City's Storm Water Management Plan (1990) Drainage from the southerly area is presently directed through existing storm sewer pipe and overland drainage routes into Pond DP -15 within Poplar Homesteads Addition south of Lone Oak Road Drainage from the central portion of the addition flows into a low area near Egan Avenue and Country Home Heights Park The remainder of drainage from the addition is directed into existing storm sewer systems along Pilot Knob Road and .Avalon Avenue A. Southerly Area Storm Sewer. The existing system that serves the southerly area and outlets into the 24" storm sewer under Lone Oak Road consists of an 18" storm sewer along the east side of Egan Avenue but is located outside of the street right-of-way It is proposed to utilize this system to drain the new storm sewer system A drainage and utility easement will need to be acquired from the property owners where this storm sewer is located. For purposes of this report, it was assumed that the necessary easements could be obtained at no cost, thereby reducing the total project cost. The proposed southerly system would connect to an existing 18" storm sewer on the east side of Egan Avenue. From this point, 18" and 15" pipes would be extended upstream north to the intersection of Burnside and Egan Avenues Aprons and catch basins will be provided behind curbs to collect water from the low-lying areas at the intersection of Burnside and Egan Avenues B Central Area Storm Sewer Pond HP -4 (Type C, a dry pond) within Country Home Heights Park is under the City's Storm Water Management Plan. An outlet for this pond was constructed previously under a separate project. C. Pondiniz The trunk storm sewer (built in 1990) leading from Country Home Heights Park was designed in accordance with the City's Storm Water :Management Plan without any changes to the designated N«L, HWL, or outflow rate of Pond HP -4. Pond design information for HP -4 are presented below Pond AVL -iI WL StoraQe Wet Volum Outflow HP -4 89 1. 0 (dry) 896.0 7.6 ac. ft 0 ac ft 3.0 cfs Easements and Permits Most of the proposed work with this project will take place within the existing 60 -foot wide right-of-way of the affected streets within Country Home Heights Addition As mentioned previously, permanent drainage and utility easements will need to be acquired from the properties where the existing storm sewer system is located along Egan Avenue. No ponding easement is necessary for Pond — HP -4 since the pond is located on City Park property 9y3 Cost Analysis A detailed cost estimate for this project is provided in Appendix A. The total estimated project costs are based on anticipated construction costs and include a 5 percent contingency and indirect costs of 30 percent which include legal, administrative, engineering, and bond interest. The total estimated project cost, including feasible cost -reducing provisions, is $641,200. For comparison purposes, the total estimated project cost of the full City standard street project upgrade that was identified in the last feasibility report was $734,000, a difference of approximately 593,000. Area To Be Included Listed below are the properties proposed to be assessed and the construction area of the project, which are the same. W-TTIMOITI",; Block 1: Lots 2 & 3 Parcel 041-01 (Part of Lot 4) Parcel 05 1 -01 (Lot 5 & Part of Lot 4) Block 2: Lots 1- 5, 7, & 9 Parcel 060-02, 081-02 (Lot 6 & 8) Block 3: Lots 1-3 & 7 Parcel 050-03 (Lot 4 & Part of Lot 5) Parcel 051-03 (Part of Lot 5) Parcel 061-03 (Lot 6) Parcel 082-03 (Part of Lot 8) Parcel 081-03 (Part of Lot 8) & Parcel 010-50 (SW 'h, Section 3) Block 4: Parcel 022-04 (Part of Lots 1 & 2) Parcel 023-04 (Part of Lots 1 & 2) Parcel 030-04 (Lot 3) Block 5: Lots 1, 4, 6, 8, 10, & 12 Parcel 051-05 (Lot 5) Parcel 151-05 (Lot 14 & Part of Lot 15) Parcel 152-05 (Part of Lot 15) Parcel 161-05 (Lot 16) Block 6: Lots 3-8 Block 7: Lots I, 3, 5, 7, 13 & 14 Parcel 090-07 (Part of Lot 9) Parcel 110-07 (Lot 1 I & Part of Lot 9) n!50� -4 Block 8 Lots 1-7. 9. 11 Block 9. Lots 2, 4-6, & 8 Parcel 030-51 Assessments A preliminary assessment roll is provided in Appendix B located at the back of this report Benefiting properties (61 lots) taking direct driveway access onto the streets in Country Home Heights are proposed to be assessed the estimated amount of benefit derived from the improvements. Three properties (2885 Egan Avenue, 1340 & 1385 Avalon Avenue) in addition to the 60 lots, are proposed to be assessed '/2 of the estimated amount of benefit The lots have access to existing improved streets but the properties are adjacent to the proposed improvements The City has solicited independent pre -project appraisals to determine the derived benefit from this improvement Results of the appraisals show the following Improved Streets Estimated Benefit S4,000/lot It is proposed to assess each of the benefiting properties the appraised value, while the remaining balance of the cost of the improvements would be the responsibility of the City's Major Street and Storm Sewer Funds. Revenue Source Street upgrade Estimated Project Cost $641.200 /AP 5 Estimated Assessment Revenue $250,000 Balance -$391,200 Estimated Assessment The proposed maximum assessment for this improvement project is 34,000 per lot taking direct driveway access onto the streets within Country Home Heights Based on a 15 -year assessment period and an estimated interest rate of 6 5%, the following payments would result if a property owner elects to include the assessment on their property tax statement Principal/Year IntcrestfYea CostfYear Cost/Month 1° Year 3267 $476 3743 $62 15`" Year 5267 317 3284 524 Project Schedule Neighborhood Meeting April 27, 1998 Public Hearing May 5, 1998 Approve Plans and Specification/Order Ad For Bids Award Contract Substantial Completion Assessment Hearing First Payment Due with Property Tax Statement July 7, 1998 August 4, 1998 November. 1998 January, 1999 May, 2000 APPENDIX A PRELINIINARV COST ESTIMATES COUNTRY HONIE HEIGHTS STREET & STORM SEWER IMPROVEMENTS CITY PROJECT No. 7178- AMENDED QM Unititem 5.4 4 50 LF 18" RCP Storm sewer @ S26/LF $1,300 890 LF 15" RCP Storm sewer @ S25/LF 22,250 450 LF 18" HDPE Storm sewer @ $23/LF 10,350 260 LF 12" RCP Storm sewer @ S24/LF 6,240 5 EA Std. CBMH w/ Casting @ $1,300/EA 6,500 22 EA Std. CB w/ Casting @ $600/EA 13,000 3 EA 12" RCP F.E.S @ 5600/EA 1,800 500 LF Remove culverts @ S2/ LF 1,000 3 EA Connect to ex. st. sew. @ S500/EA 1,500 10,000 CY Common Excavation @ S5.50/CY 55,000 8,250 TN Class 5 aggregate base @ S8/TN 66,000 2,600 TN 2331 Bituminous base course @ S14/ TN 36,400 1,300 TN 2341 Bituminous wear course @ S161TN 20,800 240 TN Bit. Material for mixture @ $130/TN 31,200 15,000 LF Surm. Conc. Curb & gutter @ S6/LF 90,000 63 EA Relocate mailbox @ $100/EA 6,300 58 EA Driveway restoration @ $500/EA 29,000 52 EA Adjust MH & GV @ 5150/EA 7,800 19,000 SY Sod, type lawn @ 52.50/SY 47,500 1,600 CY Topsoil borrow @ S8/CY 12,800 1 LS Traffic control @ 53,000/LS000 5469.740 + 5% Contingencies 23.490 Subtotal $493,230 + 30% Indirect Costs41 7.970 W Total 5641,200 APPENDIX B PRELIMINARY ASSESSMENT ROLL COUNTRY HOME HEIGHTS ADDITION STREET & STORM SEWER IMPROVEMENTS CITY PROJECT NO. 7178 - AMENDED Parcel Description Address Lot E uiv. Assessment Country Home Heights Lot 2 2995 Burnside Avenue 1 54,000 Lot 3 1384 Rainier Lane 1 Parcel 04 1 -01 art of Lot 4 1390 Rainier Lane 1 Parcel 051-01 of 5 & part of Lot 4 2988 Pilot Knob Road 1 Block 2 Lot 1 2998 Burnside Avenue 1 Lot 2 2995 Egan Avenue 1 Lot 3 2990 Burnside Avenue 1 Lot 4 2985 Ean Avenue 1 Lot 5 2984 Burnside Avenue 1 Lot 6 art of Lot 8 1 Lot 7 2976 Burnside Avenue 1 Lot 8 081-02 2945 Ean Avenue 1 Lot 9 2970 Burnside Avenue 1 Block 3 Lot 1 2910 Burnside Avenue 1 Lot 2 2930 Burnside Avenue 1 Lot 3 2950 Burnside Avenue 1 Lot 7 2970 Ean Avenue 1 Parcel 050-03 of 4 & part of Lot 5 2935 Ean Avenue 1 Parcel 051-03 art of Lot 5 2950 Ean Avenue 1 Parcel 061-03 of 6 2960 Ean Avenue 1 Parcel 082-03 art of Lot 8 2980 Ean Avenue 1 Parcel 081-03 art of Lot 8 & 010-50 2990 Ean Avenue 1 Block 4 Parcel 022-04 art of Lots 1 & 2 2940 Inland Road 1 Parcel 023-04 art of Lots 1 & 2 2960 Inland Road 1 Parcel 030-04 of 3 2969 Burnside Avenue 1 Block Lot 1020-05 2860 Pilot Knob Road 1 S4,000 Lot 4 2885 Egan Avenue 0.5 52,000 Lot 6 2903 Euan Avenue I 54,000 Lot 8 2943 Inland Road 1 Lot 10 1 2947 Inland Road i1 Lot 12 1 2969 Inland Road I1 n? a- Parcel Descri tion Address Lot E uiv. Assessment Bl2jk 5 n in Parcel 051-05 Lot 5 2891 E an Avenue I $4,000 Parcel 151-05 Lot 14 & Part of Lot 15 2980 Pilot Knob Road 1 Parcel 152-05 Part of Lot 15 1391 Rainier Lane l Parcel 161-05 of 16 1383 Rainier Lane i Block Lot 3 2898 Egan Avenue 1 Lot 4 2875 Fairlawn Place 1 Lot 5 2905 Egan Avenue 1 Lot 6 2893 Fairlawn Place 1 Lot 7 2909 Ean Avenue I Lot 8 2899 Fairlawn Place 1 Block 7 Lot 1 2804 Beam Lane 1 Lot 3 2810 Beam Lane I Lot 5 2816 Beam Lane I Lot 7 2832 Beam Lane 1 Lot 13 2890 Fairlawn Place 1 Lot 14 2894 Fairlawn Place 1 Parcel 090-07 art of Lot 9 2844 Beam Lane 1 Parcel 110-07 of I 1 & Part of Lot 9 2866 Fairlawn Place 1 Lot 1 2804 Vilas Lane I S4,000 Lot 2 1340 Avalon Avenue 0.5 $2,000 Lot 3 2830 Vilas Lane 1 54,000 Lot 4 2805 Beam Lane 1 Lot 5 2838 Vilas Lane 1 Lot 6 2811 Beam Lane 1 Lot 7 2831 Beam Lane 1 Lot 9 2848 Vilas Lane 1 Lot 11 2858 Vilas Lane 1 Lot 2 2825 Vilas Lane 1 Lot 4 2829 Vilas Lane l Lot 5 2835 Vilas Lane l Lot 6 2841 Vilas Lane 1 Lot 8 2857 Vilas Lane 1 54,000 Parcel 030-51- Section 3 1384 Avalon Avenue 0.5 $2,000 Totals 62.5 5250,000 1400 MENDOTA HEIGHTS 17 ,qpQ TRAPP ROAD 'Ol W4100'f r�j 00JNTRY I Pm go G" �. SERVICE z � P < Y W ~O RAW" � 'C' � V V 717 -MAP "W'- CITY WCCITY OF EAGAN 7 f Project Location ,?)/ � LOCATION MAP 0 Project 717R i C C C Fig. 1 REV. 4/23/98 8,127/27 n ]ASSES.DWG • Assessable Lot ,... OF EAGAN D^� s/23/98 Fig - 17R Q p 1000 .-.a-se -'S'RM2 _... OF EAGAN LONE OAK �I Ex. STORM SEWER d �, 4,,s `'rr POND DP -,5 E Fla. 3 `6 COUNTRY HOME HEIGHTS S) -ORM SEWER LAYOUT CITY PROJ. 7178 '411L.07. pa l} 4-'7-9e 7' 7XSE: DWG R/w EXISTING SECTION R/w TYPICAL SECTION - R/w 16 2% CITY OF EAGAN 60' R.O.W. GRAVEL ROADWAY URBAN CITY STANDARD STREET 60' R. 0. W. 28' ROADWAY 16 R/W L 1• 2,331 TYPE 41 BITUMINOUS SURMOUNTABLE CONC. CURB k GUTTER 2. 2}}1 TYPE 31 BITUMINOUS 6• Cl. 5 AGGREGATE BASE, 1COR CRUSrE7 COUNTRY HOME HEIGHTS PROJ.717R EXISTING & PROPOSED TYPICAL SECTION COUNTRY HOME HEIGHTS PROPOSED STREET IMPROVEMENTS PROJECT 717R Preliminary Project Schedule • April 7,'98 Present Petition to City Council/Order Public Hearing • May 5, '98 Public Hearing — Council Orders Plans & Specs or Denies Project • July, '98 Approve Plans & Specifications • August, '98 Award Contract • August, '98 Construction Begins • November, '98 Construction Completed • December, '98 Final Cost Report • January, '99 Final Assessment Public Hearing • May 15, 2000 1" Installment Payment Due With Real Estate Property Taxes Preliminary Costs — Feasibilitv Report • S 734,000 • S 641,200 • $ 241,000' (38%) • S 400,200• (62%) Proposed Special Assessments Original Proposed Total Project Cost Amended Proposed Total Project Cost Proposed Assessed to Property Owners Proposed Financed by the City of Eagan • Proposed Assessment $4,000' per lot within Country Home Heights • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 15 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost(Assumed 6.5% Interest) • $743' per year 1" year • $509' per year 2nd year • $2840 per year 15'" year $62• per month I' year $42• per month 2nd year S24• per month 151° year • Assessments based upon Preliminary Appraisal of the estimated benefit to property values. COUNTRY HOME HEIGHTS ADDITION PROPOSED STREET IMPROVEMENTS CITY PROJECT NO 717R — AMENDED INFORMATIONAL NEIGHBORHOOD MEETING MONDAY, APRIL 27, 1998 6:30 PM COMMUNITY ROOM Attendance: John Gorder and Arnie Erhart, City of Eagan; approximately 15 people representing 12 properties (see attached sign -in sheet). • Design/Development Engineer Gorder welcomed the residents and introduced staff personnel. • Gorder reviewed the proposed project details (assessments, costs, and schedule) and which cost -reducing measures are proposed versus previous proposed projects for Country Home Heights. Cost -reducing measures include: 1) Reducing street widths to 28 feet 2) Using surmountable curb and gutter 3) Using an existing storm sewer system along Egan Avenue. 1 think it's wrong to reduce the width of the streets. Why reduce the size of street from the City standard? The width reduction was petitioned and the Council directed staff to prepare the report in accordance to the petition. The Council will make the decision on whether they want to reduce the width. The 28 - foot width is used mainly in cul-de-sacs but also has been allowed on some through streets as well. 2. How will the low areas at Egan and Burnside Avenues drain? A system of culverts and catch basins will drain that intersection and flow to the south down Egan Avenue through a storm sewer pipe. 3. Have the runoff concerns that the resident to the south of Lone Oak raised at the last public hearing been investigated? The storm runoff increase from this project will be negligible but the City has planned for some time to monitor the water level of that pond (Pond DP -15) and install an outlet if the water level was determined to be getting too high and adversely impacting property surrounding it. To date, staff is not aware of a problem with water levels in that pond. 4. Who would pay for this outlet from this pond? The City would propose a trunk storm sewer assessment to properties in the drainage watershed of the pond that have not been previously assessed for trunk storm sewer. 5. One resident mentioned that he believes everyone in Country Home Heights has paid a trunk storm sewer assessment with previous County road improvements. 0. Discussion occurred regarding the storm sewer system along Egan Avenue. Does the pipe have capacity? Yes. A resident at 2970 Egan Avenue has the pipe in her front yard and wants to be compensated for the needed easement in order for the City to use this pipe. The project assumes that the easements could be obtained at no cost in order to reduce the total project cost. She is against the project. She says that the streets are currently in good shape after Egan Avenue was graded to slope correctly. She doesn't want to pay $4,000 for something she doesn't want. 7. Wouldn't the front yards be used as turnarounds with the surmountable curb and gutter? That hasn't been the experience elsewhere in the City where this curb has been used, which is a majority of the City. 8. Will surmountable curb and gutter carry as much water as is needed? Yes. It has good drainage capabilities and has not been a problem elsewhere. 9. One resident mentioned that he has invisible fencing. Will it be dug up during construction? The City and the contractor will work with the resident to make sure that it not be damaged and, if needed, relocated to a proper location outside the right-of-way. This relocation should be the responsibility of the resident. 10. How will the new storm sewer connect to the existing system? A manhole will be constructed over the existing line and the new pipe would be connected to that manhole. 11. How much does it cost annualiv to maintain the current gravel roads and how long would it take to reach the project cost of $641,000? Staff did not have that information readily available. Note: Further research subsequent to the meeting has determined that it costs approximately $7,500 annually to maintain the current roads, which includes a calcium chloride application and placement of additional gravel. 12. Will the grades of the street change much? Generally, the grades of the streets will follow the existing slopes. Driveways need to be matched in so grades can't be altered drastically. 13. Are there other projects that this one could be tied into? It is not proposed to combine this with another project. This project is large enough to stand on its own. 14. Will access be maintained to homes? Yes. There may be limited times of restricted access, but City specifications will dictate that these be kept to a minimum. There is not much utility excavation needed with this project, so that helps in maintaining access. 15. What about other utility companies - do the}have to relocate? They may have to depending on our proposed grades. The City will work with the utilities to determine if they need to relocate. 16. Can we get a grate placed on the culvert on the existing storm sewer between Lots 6 and 7 on Egan Avenue. I'm concerned about kids crawling in there? Staff will have Maintenance personnel look at the situation, but this storm sewer is technically a private system and the City has no right to maintain that storm sewer culvert. 17. Can we get a chloride treatment soon? Yes. One has not been applied to date because, generally, previous Springs have more rain than this one and a treatment is not needed. One can be applied if the neighborhood wishes. Meeting adjourned at 7:40 p.m. Attachment: Sign -In Sheet Residents Attending Neighborhood Meeting G J1BG/M1-:UTES/Pmj. 7178 INFORMATIONAL MEETING COUNTRY HOME HEIGHTS STREET IMPROVEMENTS MONDAY, APRIL 27, 1998, 6:30 P.M. NAME ADDRESS 1. 2. 3. a. 5. 6. 7. 15. 16. 17. 18. 19. 20. M: FORMSJSpn-IND 210 I mow. � a (A (Z .;Z 9'11 / div ,,42-4-5' ';2-clyv ��� )(�G6 '40- a�7o �gan Al AVALON I AVENUE Ci LONE OAK ROAD 71 4 LEGEND REV .mise Residents attending neighborhood mee:eting ^�—� ' 8/28/97t7 'ee 717%N TING OF EAGAN Df OUNTRY HOMES HEIGHTS ET IMPROVEMENTS PROJ. 717R NEIGHBORHOOD MEETING ATTENDENCE 2960 Inland Road Eagan, MN 55121 May 1. 1998 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Mayor Egan and City Council: This is to inform you that we are in favor of the proposed 28 -foot street improvements in the Country Home Heights area of Eagan. Please vote yes on Project 717R. Thank you. 5 cer Don and Karen Cummings 9i Agenda Information Memo May 5, 1998 Eagan City Council Meeting WN ':01 - MI•. ACTION TO BE CONSIDERED: Close the Public Hearing and approve/deny Project 736 (Grand Oak Business Park — AUAR Environmental Review and Internal Traffic Study). If approved, order the preparation of the respective studies to be performed by the firm of SRF Consulting Group, Inc. FACTS: • There have been several development interests and proposals incorporating the property bounded by Blue Gentian Rd., Hwy 55 and Hwy 149. This area incorporates approximately 235 acres. Development build -out would require the preparation of an environmental review study including an internal traffic analysis necessary for a potential Indirect Source Permit (ISP). • The majority of the affected property owners expressed an interest in having the City of Eagan perform these studies collectively for the entire triangle area with the costs spread as a special assessment to all benefiting properties. • On Feb. 3, the City Council authorized the preparation of a Feasibility Report to address the scope, cost and financing options for such a study. • On April 7, the City Council received this report and scheduled a public hearing to be held on May 5. All notices have been published in the local newspaper and sent to all affected property owners informing them of this meeting. Numerous informational neighborhood meetings have been held to discuss the needs and concerns of all potentially affected property owners and the results were shared with the City Council at a workshop meeting held on April 21. -ATTACHMENTS: • Feasibility Report will be included with Additional Information Packet on Monday 0 Agenda Information Memo May 5, 1998 Eagan City Council Meeting OLD BUSINESS A. DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003, CAPONI ART PARK ACTION TO BE CONSIDERED: To approve or deny a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tai payable year 2003, providing that if the property or any portion of it is, during the five-year period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. FACTS: • In January of 1998, the Eagan City Council approved support of proposed legislation to be presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road know as the Caponi Art Park for special assessment purposes for five years, which would provide for taxation on the property under an agricultural classification for five years, and which would provide that if the property or any portion of it were during the five year period conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non- profit corporation, all deferred special assessments would be payable with interest and the taxing districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property. • In the recently passed tai legislation dealing with the Caponi Art Park, the legislature approved assessing the property as agricultural for tax purposes for a five-year period. • If, by the end of the five-year period, the land has been conveyed to anyone other than the Caponis or a nonprofit organization, the Caponis would be obligated to pay back the entire amount of deferred taxes with interest. • The Legislature felt the decision of whether or not to defer special assessments payments was better left to the City of Eagan, so the legislation also stated that the City may defer the payment of any special assessment levied against the Caponi Art Park property. • The City has received a letter from Dave Kennedy, President of the Board of Directors of the Caponi Art Park, requesting that the City approve a resolution deferring special assessments until tax payable year 2003. Although the letter does not specifically address the conditions which were a part of the January Council action, we assume that those conditions are to be included as stated above. 9'3 Agenda Information Memo May 5, 1998 Eagan City Council Meeting ATTACHMENTS: Resolution attached on page Attached on pages �W through is a copy of Mr. Kennedy's letter with the recently passed tax legislation attached. Attached on pages through /CO is a copy of an article regarding this item from the April 26, 1998 ThisWeek Newspaper. Wj CITY OF EAGAN RESOLUTION DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003 CAPONI ART PARK WHEREAS, in January of 1998, the Eagan City Council approved support of proposed legislation to he presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road know as the Caponi An Park for special assessment purposes for five years, which would provide for taxation on the property under an agricultural classification for five years, and which would provide that if the property or any portion of it were during the five year period conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest and the taxing districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property: and WHEREAS, in the recently passed tax legislation dealing with the Caponi Art Park, the legislature approved assessing the property as agricultural for tax purposes for a five-year period. If, by the end of the five- year period, the land has been conveyed to anyone other than the Caponis or a nonprofit organization, the Caponis would be obligated to pap back the entire amount of deferred taxes with interest; and WHEREAS, the Legislature felt the decision of whether or not to defer special assessments payments was better left to the City of Eagan, so the legislation also stated that the City may defer the payment of any special assessment levied against the Caponi Art Park property; and WHEREAS, the City has received a letter from Dave Kennedy, President of the Caponi Art Park Board of Directors, requesting that the City approve a resolution deferring special assessments until tax payable year 2003; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does. approve the deferral of the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diftley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five-year period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. Motion made bv: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION 1. E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota Count}. Minnesota, in a regular meeting thereof assembled this 5" day of May, 1998. 9 E 1 VanOverbeke, City Clerk CAPONI ART PARK AND LEARNING CENTER 1215 Diffley Road • Eagan, MN 55123 • 612 454-4338 f VIA FAX AND MAIL April 27, 1998 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Caponi Art Park Deferral of Assessments IOT-Mto f I'm enclosing a copy of the recently passed tax legislation dealing with the Caponi Art Park. The legislation is virtually identical to that presented to the city council last January except (i) the land is not classified as "green acres" but rather as agricultural, and (ii) the deferral of assessments is left to the city rather than being mandated by the legislature. Section 41 of the Act states that the "... city, may defer the payment of any special assessments levied against ..." the property " ... as determined by the city." In the discussion of this point in the House tax committee, the members felt that the decision was better left to the city, and we think that makes sense. No procedural guidelines are offered by the Act, but it seems to me that a resolution of the city council, referring to the Act, and deferring special assessments until tax payable year 2003, would enable the county to defer in that way. Tony and Cheryl have asked me to request that the council to take up this matter at its earliest convenience, perhaps on May 5. Could you let us know if that's possible? I know the Caponis are most grateful for the city's assistance in this matter, and speaking for the Park nonprofit corporation, let me say that we too are most grateful. We'll do everything we can to keep the Park as a city asset and make it grow into the wonderful recreational and cultural resource it can be for Eagan. / Your; truly, F cc: Sen. Deanna Wiener Rep. Tim Pawlenty Cheryl and Tony Caponi Dick Schieffer HT No. 3840, 3rd Engrossment 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.23 76.34 76.35 76.36 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 Page 44 of 190 the facility. This paragraph does not apply to: (1) a facility that was constructed during calendar year 1997 or 1998; (2) a facility that was converted to an elderly assisted living facility during calendar year 1997 or 1998; or (3) a change in market value. (c) This subdivision expires and no longer applies on the earlier of: (1) the enactment of legislation establishing criteria for the property taxation of elderly assisted living facilities; or (2) final adjournment of the 1_999 regular legislative scion. Sec. 37. (CHILD CARE FACILITY.) In connection with the cmnitAl exnenditurp authority in Minnesota cta „r tion 47 19 bdiyi ion le, the metropolitan council Rhall consider incorporating in a new transfer garage a child rare facility to Assist in the recruitment and ret n ion of m opolitan transit drivers Sec. 38. (QUALIFIED PROPERTY.) A contiauous nronprtv located within a county adiacent to a =1a1 -y containing a cir.f of the f;t r .-1. -a • tion the metropolitan area as defined in MinnesotaStatutes section 473.121 shall be valued and cla sifi d under ions 1 and 40 provided it meets the followino conditions, 111 the property does not exceed 60 acres - (2) r(2) h nrnnerry incL„1es a - cul rp -- -n open to the public either free of horn or for a nominal admission fAe- (3) the nronerty includes n system of internal roads and paths for pedestrian use and an amphitheater for live artistic performances- 14) er o man14) the property is used for a summpr v,,rh art -- (Si the nroo r y is used for s mina s for aspiring and professional Artists, (6) the nr_ ooe_rry includpq the hontestead of h owner- And 17) the prnnerty has been owned by i wn r for sIt least 40 years. Sec. 39. (CLASSIFICATION.) Notwithstanding any law to the contr-ry a proLaerty oualifvino under section 18 shall lap riAggifieri as class 9A o�nne-tv under Minae o a s a section 73-t s„bdiv ision Sec. 40. (VALUATION.) Notwithstanding Minnesota qtAtutes,tion 273,11, subdivision 1 the land atatifvina under section 39 shall b Sec. 41. [SPECIAL ASSESSMEIN: DEFERRAL :.JTHC'IZED.) Notwiths andina Minnesota Statutes.chapter 4 a city may Sec. 42. [TRANSFER OF PROPERTY; PAYMENT OF DEFERRED TAXES.] - C197GT:7ia e � � http://www.revisor.]eg.state.mn.us/cgi-bir /bldbiI].pl?bi I1=H3840.3&session=ls80 V 4/15/98 Apt 26, ts9a T}aSWEEK Caponi Art Park is granted tax reprieve By MARK (ARSON Anthony and Cheryl Caponi of Eagan recently gained an important step toward their ul- timate goal to create an out- door cultural center. The Legislature granted a Special tax reprieve for their Wacre property on Diffley Road, saving them thousands of dollars over the next five years. "We are overwhelmingly pleased. It looks like we are going to have an art park here in Eagan," said Anthony Caponi. "This (legislation) was not typical, but there needs to be some room for innovation. Laws are made for average situations and I respect the av- erage, but I don't care to aim for it." The Caponis' creation, The Caponi Ari Park and Learning Center, is still a work in prog- ress. When completed, the park will feature a free sculp- ture garden, an amphitheater used for live, free perform- ances, seminars for aspiring and professional artists and a summer youth camp. The Caponis have lived on the property for 40 years. After Anthony retired from his posi- tion as chair of the an depart- ment at Macalester College six years ago, he and his wife (See Caponi, p.22A) THE CAPONI Art Park and Learning Center, still under construction, was granted a special tax reprieve by the Legislature. The 60 -acre park will be taxed as agricultural property until 2003, to allow time for the nonprofit organization to purchase the land from Anthony and Cheryl Caponi. Photo by Rick Omdorf 99 Caponi.............. (Continued from pont page) devoted their time to creating their artistic dream. The Caponi Art Park and Learning Center is now a non- profit organization — an or- ganization that hopes to be able to purchase the land from the Caponis within the five- year tax reprieve recently granted. "Mr. Caponi simply cannot do it by himself. It would take just loo much money," said David Kennedy, president of the Caponi Art Park and Learn- ing Center. "We (the organiza- tion) really got going in Sep- tember. We hired a consultant to help us plan for the future and we're well on our way to our goal — running the park t the way Tony wanted it to be run." Both the city of Eagan and School District 196 voted to f support the rax break, which was bom from discussions with Rep. Tim Pawlenty and Sen. Deanna Wiener, who both in- troduced the legislation and e combined it with the omnibus d tax bill. Dakota County Com- r missioner Patrice Bataglia also expressed her support before a the legislation was introduced. Now accepted, the tax break c will save the Caponis more t than 511,000 a year in property a .............................................. taxes, which increased to more than $13,000 a year in 1996 when the property was re- classified from agricultural to residential. The tax reprieve allows the land to be assessed as agricultural for the next five years while the nonprofit group builds enough financial assis- tance to purchase the land. If, by the end of the five-year period, the land has been con- veyed to anyone other than the Caponis or a nonprofit organi- zation, the Capons would be obligated to pay back the tax- ing districts the entire amount of deferred taxes with interest. According to the Dakota County Assessor's Office, the tax break will cost the average axpayer in Eagan 3 cents a year. Alan Hopeman, director of Finance and Support Services or District 196, said the im- pact of the tax loss to the school district would be mini- mal because about 75 percent of the district's tax levy is qualized by the state. If the istrict's property tax base is educed, the district will re- ceive proportionally more state id. Hopeman said. The art park still has to re- eive permission to defer more han 563,000 in special sewer nd water assessments from /00 the city of Eagan. Kennedy said he does not expect much opposition from the city. "We had no difficulty at all getting approval from the Leg- islature. 1 think everyone rec- ognized what a jewel this place is," said Kennedv. "1 think the city has always been interested in the park. It's such an asset to the city and the en- tire metropolitan area as well. This is also a great opportunity to preserve some open spaces within the city." Kennedy said the art park has received grants from the Met- ropolitan Regional Arts, the Jerome Foundation and dona- tions from individuals. In addition to financial sup- port, Anthony Caponi, now 76 years old, said he needs more volunteers to help him con- struct park features. "I work hard, but if it wasn't fun and creative, I wouldn't be doing it," said Anthony. "This kind of work can be healthv, both physically and mentally. That's what I preach, but so far there haven't been many tak- ers." Agenda Information Memo May 5, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: Remove Wescott Hills Dr. from Municipal State Aid Classification and provide direction regarding the possible renaming of the north %: mile segment. FACTS: • On April 15, 1997 the City Council passed a resolution designating Wescott Hills Dr. from Yankee Doodle Rd. to Wescott Rd. as a Municipal State Aid Street (MSAS). This action was taken after the City Council programmed the upgrading of this street for 1999 in the 5 -Yr Capital Improvement Program (CIP). • It was calculated that there were approximately $818,000 of construction related costs that would be eligible for reimbursement from the State MSAS fund. These construction "needs" resulted in an additional annual allocation of approx. $21,000 per year to the City's total annual allocation ($1,353,000) until such time that the street was built to the MSAS standards. • On April 21, in response to the increased traffic concerns of the Sunrise Hills neighborhood, the City Council determined that Wescott Hills Dr. would not be connected when the northern segment was upgraded in conjunction with the development of the Royal Oaks Addition during 1998. • Because Wescott Hills Dr. will no longer meet the criteria of a Municipal State Aid Street, it should be removed from the City's MSAS classification. This will allow a comparable 1.11 miles of local streets in the community to be so designated to maximize the City's annual allocation of gas tax funds. • A change in the street name for the northern segment will impact 7 property owners (3 of which are involved in the development of the Royal Oaks Addition) as compared to 47 in the southern half. In order for staff to quickly respond to the petition for upgrading the northern segment, the street name change should be addressed as soon as possible. ISSUES: • The deletion of this MSAS designation will not impact the amount of special assessments that any benefiting property owner may be responsible for. Current City policy requires all benefiting properties be assessed based on the benefit they receive without taking into consideration the source of public funds used to finance the project (i.e. County Roads, MSAS, etc.) /0/ (B. Old Business Wescott Hills Drive — Continued) • Since Wescott Hills Dr. will no longer be a through connecting street between Yankee Doodle Rd and Wescott Dr., it will create confusion as to which access to use for emergency vehicles and the general traveling public. The traveling distance between 3590 and 3611 Wescott Hills Dr. is greater than 3 miles. This can result in delays for emergency responders, excess errant traffic and frustrated drivers who may drive improperly after discovering their error. ATTACHMENTS: • Area maps, pages !��.,� � and/0 l ,^� • Public Safety memos, pages /05 through U24 iz BURNSV LLE 1i 4� II w« e IwwMr cute ROMIROAD Iz — r `VTT O I u S ll0J51 r AVE tA.10-E.- � 74- I f r ff r.H.s INVER GROVE n u M 0 m IM H CARRlncl;' lln,l,S Cobh' COURSE D Z m WESCOTT HILLS DR. m 11 1 (-, !/ O' jm> city of eagan 4>— TO: TONI COLBERT, DIRECTOR OF PUBLIC WORKS FROM: DOUG REID, CHIEF BUILDING OFFICIAL DATE: APRIL 29, 1998 SUBJECT: STREET NAME CHANGE WESCOTT HILLS DRIVE In response to your question as to whether or not there should be a street name change for Wescott Hills Drive, I would like to offer the following: As it is this division's responsibility to address properties within the City and looking at it from an emergency standpoint, we are recommending that the street name on the north end of Wescott Hills Drive at Yankee Doodle Road be changed as the least amount of addresses will be affected. Perhaps it would be a good idea to let the affected property owners name the street. Tom, if you need any further information, please let me know. Chief Buil g Official DR/js cc: Dale Schoeppner, Assistant Building Official Bill Bruestle, Senior Inspector Dale Wegleitner, Fire Marshal Chris Grubb, Fire Inspector /05- n re MEMO city of eagan TO: TONI COLBERT, PUBLIC WORKS DIRECTOR FROM: PAT GEAGAN, CHIEF OF POLICE DATE: APRIL 27, 1998 SUBJECT: WESCOTT HILLS DR VEINAME CHANGE I have reviewed, with several of my officers, the issue of a name change for Wescott Hills Drive. There was general agreement that the City should avoid naming non -connecting streets the same. We currently have that situation, in some instances, and it has caused confusion, particularly with newer officers who are not familiar with the area. N1'e also frequently encounter people looking for an address on a particular street only to find that it's for a non -connecting road with the same street name. Thanks for the heads -up and let me know if you have any further questions. 1t�6 Eagan Fire Department i1E110 MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: CRAIG JENSEN, FIRE CHIEF DATE: APRIL 29, 1998 SUBJECT: WESCOTT HILLS DRIVE — NAME CHANGE After reviewing your memo dated April 27,1998. the Fire Department has major concerns in regards to the way that Wescott Hills Drive is named or addressed. Although the computer routing that the Fire Department uses incorporates the needed address splits, 100+ fire personnel cannot remember which section of roadway has which address. I have heard from the Eagan Police dispatch and HealthEast Medics that there has been some confusion on Wescott Hills Drive in the past. But, after investigating further, it was related to the printing of the City map and not a signing and/or street naming problem. Citizens have no way of knowing that Wescott Hills Drive isn't a through street and do get confused, thereby blaming the City for the problem. The 1997 map showed the North leg of Wescott Hills Drive read correctly, but the South leg reads Wescott Hills Road, which is incorrect. That problem has been resolved on the 1998 map Eagan Fire is in support of changing the North leg of Wescott Hills Drive only Changing the South leg would impact a larger number of residents causing more confusion for all parties involved. If I can be of any further assistance, please let me know. Cra g Je en - Fire Chief CJ/pjm C 'JPM B"exolllldhD,nv 119 Agenda Information Memo May 5, 1998 Eagan City Council Meeting C DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILITY ACTION TO BE CONSIDERED: To make findings concerning the need for an Environmental Assessment Worksheet for the Eagan Family Aquatic Facility by determining that either, 1.) sufficient potential environmental impacts have been identified to justify completion of a discretionary Environmental Assessment Worksheet on the project, or 2.) sufficient data of additional environmental impacts has not been identified or the project has provided for mitigation of such impacts and that a discretionary Environmental Assessment Worksheet is not needed for the project. FACTS: A Petition has been submitted to the Minnesota Environmental Quality Board signed by 47 individuals. The petition requests that an Environmental Assessment Worksheet be prepared in association with the proposed Family Aquatic Facility planned for the Municipal Center Campus. Any person may request the preparation of an EAW on a project by filing a Petition that contains the signatures and mailing addresses of at least 25 individuals. • In correspondence dated April 24, 1998, the EQB has determined that the City of Eagan is the appropriate governmental unit to determine the need for an EAW pursuant to Minnesota Rules Chapter 4410. Under the rules, mandatory EAW's are required for sports or entertainment facilities designed for or expected to accommodate a peak attendance of 5,000 or more persons and a mandatory Environmental Impact Statement is required for new outdoor sports or entertainment facilities designed for or expected to accommodate a peak attendance of 20,000 or more persons. At a peak bather load of 2,000 persons, the Family Aquatic Facility would not fall under either of the mandatory categories. Therefore, the preparation of an Environmental Assessment Worksheet would be at the discretion of the City Council. • As the responsible governmental unit (RGU), the City Council shall make a determination on the need for a discretionary Environmental Assessment Worksheet. Chapter 4410.1100 states: The RGU shall order the preparation of an EAW if the evidence presented by the Petitioners, proposers and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for a significant environmental affects. The RGU shall deny the Petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental affects. The RGU shall maintain, either as a separate document or contained within the records of the RGU, a record, including specific findings of fact, of its decision on the need for an EAW. No final governmental approvals may be given to the project named in the Petition, nor may construction on the project be started until the need for an EAW has been determined. If the decision is to prepare an EAW, approvals for the project must be withheld until either a negative declaration on the Environmental Assessment Worksheet is issued or an Environmental Impact Statement is completed. ISSUES: Because a Petition has been properly submitted and the issue has been forwarded to the City for determination, the City Council should make findings as to whether the evidence raised within the Petition regarding po`ttential environmental impacts is sufficient to require preparation of an Environmental Assessment Worksheet, or whether it is insufficient to warrant further study, or whether the issues have or will be addressed and mitigated in the final design and development of the project. The Council should determine whether the issues raised in the Petition either have or have not been addressed previously in the planning and design of the Aquatic Facility. • The Council should determine whether preparation of an Environmental Assessment Worksheet would provide substantially more information than is available now concerning the nature, extent and potential mitigation of environmental impacts. BACKGROUND: • EQB correspondence on pages wo_ through Resident Petition on pages JL;-LJL;-L through -Li2— . • Draft Statement of Findings on pages J-L�— through . Staff memoranda on pages / a[o' through ,000 . Al f MINNESOTA PLANNING ENVIRONMENTAL QUALITY BOARD 7 April 24, 1998 Mr.Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Citizens petition for an EAW on the Eagan Aquatic Center Dear Mr. Hedges: The Environmental Quality Board (EQB) has received a petition requesting that an Environmental Assessment Worksheet be prepared on the proposed family aquatic center at Wescott and Pilot Knob Roads, and has determined that the City of Eagan is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, chapter 4410. I am enclosing a copy of the current rules for your use. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100, subpart 1, page 35.) 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. //U Mr. Hedges Page 2 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained. 4. You are allowed up to 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the = Monitor on May 4, 1998. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296-8253. Sincerely, J Z% Z''7 Gregg Downing Environmental Review Coordinator cc: Jeff Gregory, petitioners' representative HPB Sales TEL No.507-454-7125 RPr.25.96 21:01 P.01 { JOAQUIN TRADING CORP. U.O.A. PnEVENIIVE MAINTENANCE TRUCK REPAIR 7550 24U Avenue Soo sih Mliuieapolle, MN 65450 612 / 726-1345 FAX 'rO : 1wrC 17 AX NUMBER gop NUMUGIi Or VAGCS 4 MASSAGI: �� A .GA Q /ELC.Crf.K G� ,per,[, _. . 12.z OIAI- ✓ •'ice- "_ ' �A V Heavy Duty Truck Maintenance and Repair HPB Sales 2 3 4 5 6 7 8 9 1 11 12 l} 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 2R TEL NO.507-454-7125 RPr.25,96 21:02 P.02 The City of Eagan is engaged ut a planning process for the development of an aquatic center on the open land on the government campus at Pilot Knob and Wescott roads. The Minnesota Environmental Policy Act of 1973 established a formal process for reviewlno the environmental impacts of major developmental projects. The purpose of the review is to provide Information to ynits of government on the environmental impacts of a project before approvals or necessary permits are Issued. Prior to any governmental approval of a project with 'potential for significant environmental effects,` an Environmental Assessmont Worksheet (EAW) or potentially an' Environmental Impact Statement fElB) should be prepared. The proposed aquatic center is a recreational project which should require at a minimum en EAW. The proposed use is a recroalionel development which will involve additional parking facilities of the land. The amount of site coverage with impervious surfaces has the potential to create significant water runoff problems on its own site end for neighboring properties. One adjacent property Is Department of Natural Resources Protected Wetland 19-144. Plans as developed do not show any pretreatment or holding pond for groundwater runoff prior to discharge into this protected wetland. The Wostcott Branch Library will tie impacted by increased noise levels and parking demand from users of the aquacencor facility . This library location was chosen for his natural setting. Adequate parking was provided only for users of the library, The natural setting will be flemoved and the adequacy of the parking will be brought into question. The proposed aquaccnter has perking for approximately 350 vehicles. A similarly sized complex in Saint Louis Park has 450 spaces. That complex finds pa•k,ng congestion and limited parking as its major problems. The Saint Louis Park facility has the benefit of easier mass transit access and surrounding neighborhoods constructed with sidewalks wh;ch serve to Increase pedestrian traffic while limiting the need for sonic Vehicular traffic. The lack of parking will impact the surrounding streets and the library's parking facility. Library users will have to share the limited perking with aquacenter users. The adjacent residential streets wilbecome overflow or convenient parking spaces for aquaconicr users. In addition, there is the potential for traffic congestion and noise levels to Increase significantly or. Ute site and neighboring streets This commercial sized aqua amusement center will be sited within 200 feet of the 113 r— HPB Sales l� 2 i 4 5 6 7 b 9 1(I 11 12 11 14 1S 16 17 lh 19 20 21 22 21 24 25 26 27 28 TEL No.507-454-7125 RPr.25.96 21:02 P.03 I I. brary and residential properties which are penerel'y isolated from high r1obC levels by eppropriato land use I controls which take Into account the noise levels of proposed Jses. For the reasons stated above the undersigned do hereby potjtion the City of Engen to undertake an Environmental impact Stetement or at a minimum on Environmental Assessment Worksheot for the p,oposed aquatic cantor project. I 3 W nc r.s'r N /C7C ,✓ F'I ,v s I r eddu;rs_. _ Name _ T , 7—Jire, rich • e .4,z - /�CNR I! Ir el :�C, It, r) C. r— 1 Address 11%S / e)' b r 3 HPB Sales TEL No.507-454-7125 RPr.25,96 21:03 P.04 1 2 a 4 5 6 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 21 24 25 26 27 29 K r -F Address J� Bionnture Ad V r ((�� �• � t. l✓��a L72 w.rj - -r rr1� C't Iu� S s �z3 m �r1s c�cKx , , '1 i c.it lir , / F'C Arldreks r Nanle,�,jti�(,( TP U C, T HPB Sales TEL No.507-454-7125 RPr.25.96 21:04 P.05 1 2 3 4 5 6 7 8 9 10 H1pOQLYLC.���a'1 lupw - W C�.ue. -.,p Name J i'1 a. r n n n a r, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Address 1? 7> t4lle' /•(rt W IX. F- Ae,An1 -..J.r_/ Z 3 //v HPB Sales L-: 1 2 4 TEL No.507-454-7125 APr.25.96 21:05 P.06 eddrese 31 1 �: t.-) i fIT L; 1174 AI Address ft 91. Addracs__ Pyq 4 �•:O C /31F 14 15 16 17 19 19 20 21 22 23 24 25 2!, 27 2A ( � g /y aures �Jri �JI { 1�Qn V✓� Q lTr-/ lNK L4.�'1 h kof / � AA) W.Y. i�YI1MY• ®m , , I . i - � .. _ - '.Y. M. c� •Ctfa, .. lam, �1t ■� Ili •'!+ �_.`. � � �^ � ••. - _- I ` • CITY OF EAGAN, MLNNESOTA _J FAMILY AQUATIC CwTER - MASTER PLAN . �s FINDINGS FOR RECORD OF DECISION DETERMINATION OF NEED PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILITY On April 27, 1998, the City of Eagan received a petition from community residents through the Minnesota Environmental Quality Board requesting the preparation of an Environmental Assessment Worksheet (EAW) for the Eagan Family Aquatic Facility, proposed to be constructed at the City's Municipal Center site at 3830 Pilot Knob Road As the responsible governmental unit (RGU), the City is required to review the issues raised in the petition and determine whether to prepare an EAW. The RGU has up to 15 days from the date of receipt of the petition to make such a determination. A determination at the City Council meeting of May 5, 1998 would meet this requirement Discretionary EAW The project has been compared with the mandatory EAW, mandatory EIS and exemption categories in Minnesota Rules Chapter 4410 The project does not fall within any of the categories As such, preparation of an EAW is discretionary for the RGU Standard of Decision The RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate that the project may have the potential for significant environmental effects. Issues Identified by the Petition The text of the petition is attached The following issues are raised within it 1. Stormwater runoff and water quality impacts 2. Noise impacts on the County Library and homes in the vicinity 3. Parking conflicts with the County Library and neighborhood streets 4. Diminishment of the natural setting 5 Traffic congestion on the site and on neighborhood streets Analysis of the Issues Background information with respect to these issues is outlined below. Further information with respect to issues 1, 3, 4 and 5 is detailed in the attached memorandums. WA 1 Stormwater runoff and water quality impacts have been quantified and can be mitigated within the scope of the project. DNR Protected Wetland 19-144 is designated in the City's storm water management plan as JP -6. Mitigation and treatment of runoff for pond JP -6 will be provided by an on-site detention basin JP -6.1 (See Brasch Memo). 2. Adverse response to noise generated by similar aquatic facilities has not been found. The senior housing facility at St. Louis Park is at a comparable distance from that facility. In response to Eagan neighborhood concerns, however, the preliminary design of the facility includes physical depression of the pool area, earthen berms and landscaping to mitigate the visual and noise impacts on adjacent uses Noise impacts are regulated by the Minnesota Pollution Control Agency through a series of receiver based standards Noise levels for a prospective facility of this type cannot be modeled, but levels can be monitored at receiver locations at comparable distances from comparable facilities this summer If noise levels in excess of state standards are found and it is determined that the existing mitigation measures are insufficient, further sound buffering features including additional berming and landscaping can be incorporated in the final design. 3 The proposed facility will be part of a multi -use municipal center site It is adjacent to and will share parking with two ice arenas. The peak seasons of the respective facilities are complementary. The total stalls available will range between 500 and 520 (See Mattys Memo). Other alternatives include up to 50 stalls at the new Fire Administration Building, up to 25 spaces on grass or consideration of shuttle service from the Lexington-Diffley Athletic Facility or other locations. Parking stalls available at comparable facilities are St Louis Park — 293, Sun Prairie, WI — 200, Woodridge, IL — 400 shared with community center, Wheeling, IL — 400 shared with community center and Des Plaines, IL — 350 plus 70 spaces on grass 4 The project will conform to the City's tree preservation and replacement standards (See Hove memo) These standards were developed by the City to provide for the mitigation of tree removal that is necessary in the development of property 5 Traffic generated by the project is expected to be dispersed on Pilot Knob Road and Wescott Road. Hours for the proposed facility have not been set, but are likely to be from 11:00 a.m. to 8:00 or 9.00 p m Trips will occur outside of the peak hour and within the capacities of the roadways (See Matthys memo). /ao Statement of Findings On the basis of the information provided in the petition and that outlined above, the City Council finds that preparation of a discretionary Environmental Assessment Worksheet isfis not necessary, prior to further consideration of the Eagan Family Aquatic Facility. Notification of the Council's conclusion in this regard will be forwarded to the petitioners' representative and the EQB within five working days of the decision. 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 5th day of May, 1998 E J VanOverbeke, City Clerk jai TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION JON HOHENSTEIN, ASSISTANT ADMINISTRATOR ADMINISTRATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: WATER -RELATED IMPACT ASSESSMENT -AQUATIC FACILITY DATE: APRIL 29, 1998 Background The proposed aquatic facility will generate runoff that will be discharged to a constructed detention basin designated JP -6.1. This detention basin was constructed in 1994 as part of the expansion of the City Hall campus and was designed to provide treatment for stormwater runoff from the campus before it was discharged to Pond JP -6 . Pond JP -6 is a 7 -acre state protected water (No. 144W) designated as an indirect contact recreation water body in the City's water quality management plan. Pond JP -6 in turn discharges water through a lift station outlet to a series of three designated nutrient traps on the mainstem of the storm drainage system upstream of Fish Lake. These discharges eventually reach Fish Lake, a designated Class I recreational water body. (See attached map). Impact Assessment -Methods and Assumptions The City's water quality model was used to assess impacts to downstream recreational water bodies as a result of development of the aquatic facility complex. The model is routinely used by City water resources staff to assess the impacts of new development on the quality of downstream recreational water bodies and as a guide to develop appropriate mitigation measures to minimize or prevent degradation of those water bodies. As a first step in the analysis, model runs were made that reflect the quality of Pond JP -6 and Fish Lake under existing conditions without the aquatic facility. Changes in impervious coverage and phosphorus export coefficents were then made to reflect the likely conditions after development of the facility and the model was re -run to generate predicted phosphorus concentration values in Pond JP -6 and Fish Lake. A final run was made to assess the effectiveness of one possible measure to mitigate the impact of the development on downstream waters, especially Pond JP -6. Critical model inputs are as follows. The existing City Hall campus (including the first ice arena) has a total area draining to detention basin JP -6.1 of 10.2 acres and impervious coverage of 41 %. Figures for the new ice arena are 3.04 acres and 68% impervious coverage, for the aquatic center parking lot 3.55 acres and 68% impervious coverage, and for the aquatic center pool facility 5.7 acres and 35% impervious coverage. It was assumed that precipitation falling directly on the sand play area as well as on the pool itself and the lazy river within the aquatic center pool complex would not generate any off-site runoff, and that the patio and rooftops were totally impervious and would generate runoff that would all leave the site. Phosphorus concentrations for all runoff from developed areas within the City Halblice arena'aquatic facility complex were assumed to reflect that from commercial industrial land uses, the highest among the five land uses accounted for in the model. In short, I believe the assumptions on which the impact analysis is based are conservative and reflect conditions closer to a maximum impact scenario than a minimum impact scenario. Impact Assessment -Results Modeling results indicate that development of the aquatic center complex will result in an increase in phosphorus concentrations in Pond JP -6 of about 4% if no measures are taken for additional stormwater treatment. There is virtually no projected impact to Fish Lake from the proposed development, principally because the additional runoff and phosphorus loading to Fish Lake generated by this development is negligible compared to that the lake receives already from its existing 3,000 acre watershed. There are several methods that could be considered to mitigate the impacts of the Aquatic Center development on water quality in Pond JP -6. The most practical involves installation of an energy dissipation device on the inlet pipe to detention pond JP -6.1 and the installation of a curtain or wall within the pond that would convert the current one - cell pond to a two -cell pond with the same wet volume. Modeling indicates that these mitigation features would enhance the pollutant removal performance of the pond so that phosphorus concentrations in Pond JP -6 would be about 3% less than under existing conditions. Under this scenario, the non -degradation standard that the City applies to recreational water bodies such as Pond JP -6 would be met. Water resources staff have been experimenting over the last two years with the installation and assessment of dividers to enhance detention basin performance and they appear to have some merit. Please let me know if you have any questions or need more information. /' " C /r: � 7� � Rich Brasch Water Resources Coordinator /Q3 c i. 4 city of eagan TO: Ken Vraa. Parks and Recreation Director FROM: Russ Matthys, Cit} Engineer DATE: May 1, 1998 SUBJECT: Eagan Aquatic Center I am writing in response to the petition received from the Minnesota Environmental Quality Board regarding the proposed aquatic facility My purpose is to address the traffic engineering issues mentioned as part of the petition for an Environmental Assessment Worksheet (EAV1) The request for the EAW identifies parking for approximately 350 vehicles that will be constructed in conjunction with the proposed aquatic facility Currently, there are an additional 92 parking stalls adjacent to the civic arena as well as approximately 75 parking stalls available to the public next to City Hall. The seasonal uses of the aquatic facility and civic arena allow the sharing of the parking for these facilities I am not familiar with the parking situation at the St Louis Park facility and would not feel comfortable considering that concern without a traffic engineering analysis of it In regards to accessibility of the proposed site to pedestrian traffic, it should be noted that the site is located in the center of the City and a rather extensive system of trails provides access to most of the City The suggested use of the library's parking facility by aquatic facility users is clearly a possibility However, the library parking lot is the furthest parking alternative from the proposed facility. With approximately 500 closer parking stalls available, I believe the library lot would be a last alternative for aquatic facility users The concern regarding the overflow parking on the residential streets is one I have some difficulty seeing. Access to the facility will be solely from the City campus. A fence will surround the facility and prevent access from the residential neighborhood With the planned available parking and existing trail system previously discussed leading patrons to the campus entrance, a one half to three quarter mile excursion through the neighborhood seems highly questionable and far from convenient /V-� Traffic congestion on any of the neighboring streets due to the operation of an aquatic facility on the City Campus site is very unlikely 1 will address the capacities and current traffic loads of each of the adjacent streets individually as follows Pilot Knob Road Wescott Road Denmark Avenue Deerwood Drive AVERAGE DAILY TRAFFIC 17,000 (1996) 7,031 (1997) 1,542 (1997) 1,024 (1997) CAPACITY 20,000 — 40,000 10,000 — 15,000 <5,000 <5,000 If one were to assume 1,000 vehicles per day, a high estimate, driving to and from the proposed aquatic facility, the additional loading placed upon any of the streets would be well below capacity Traffic for the proposed facility would also be generated during the off-peak travel time on these streets, lessening the effect on the street system It is doubtful that either Denmark Avenue or Deerwood Drive would provide access to the site for patrons other than the residents living adjacent to these streets The traffic signal at Pilot Knob Road and Wescott Road provides a convenient and safer alternative access to Pilot Knob Road in lieu of Civic Center Drive. Civic Center Drive would also act to diverge traffic leaving the facility, encouraging traffic distribution to both Pilot Knob Road and Wescott Road I believe I have addressed all of the issues presented by the EAW petitioners relevant to my area of expertise Please contact me with any questions /Q6 MEMO TO: Ken Vraa, Director of Parks and Recreation FROM: Gregg Hove, Supervisor of Forestry DATE: April 30, 1998 SUBJECT: Aquatic Center Tree Im entory and Preservation INTRODUCTION The following is a brief summary of the significant tree vegetation on the Aquatic Center site. Data was taken from a tree survey (performed by city engineering staff), and confirmed by city forestry staff. Tree and woodland removal figures were taken from the proposed grading plan. All trees and woodlands within grading limits are assumed to be removed. The existence of woodland areas was both determined from aerial photographs and confirmed in field. Square footage for woodland areas were planmetered by myself in the office. GENERAL SITE DESCRIPTION 1. There are 75 existing significant trees ( hardwood 6 inches or larger, or softwoods 12 inches or greater in width) on this site of which 34 are pine trees growing in a plantation in the middle of the site. These pines are too large to successfully transplant. 2. The majority of the remaining trees are Box Elder and Chinese Elm trees in the diameter range of 12" to 24". These tree types are typical of" re -growth" on a previously disturbed site. 3. Many larger, significant trees will be preserved (18" scotch pine. 41" silver maple, 3 large spruce, and a 16" bur oak on the east boundary, and 4 large elms near existing pond) 4. Mitigation values are high on this site, some mitigation could be accomplished b} transplanting tree stock from areas to be graded on-site to other "safe areas", such as along the north and east boundary. EXISTING VEGETATION Significant trees on site Significant trees to be removed = Significant trees to be preserved Allowable removal (single lot, commercial) _ Replace, 55 trees —22 trees = Tree mitigation = (33 trees x 4 category B trees each) /C� 75 55 (73.3%) 20(26.7%) 30% (22 trees) 33 trees 132 Category B trees SIGNIFICANT WOODLANDS "Significant Woodlands" are tree massing which have a crown over 500square feet in canopy or trees larger then three inches in diameter. Significant Woodlands on site = 27,990 sq. ft. Significant woodlands to be removed = 19,650 sq. ft. (70.2%) Significant woodlands to be preserved = 8,340 sq. ft. (29.8%) Allowable removal (single lot, commercial) = 30% (8,397 sq. ft.) Need to replace, 19,650 — 8,397 = 11,253 sq. ft. Woodland mitigation = 45 Category B trees (11,253 sq. ft./ 2 category B trees / 500 sq. ft.) TOTAL MITIGATION 132 Category B trees + 45 Category B trees = 177 Category B trees. Agenda Information Memo May 5, 1998 Eagan City Council Meeting D. CONSIDER DESIGN & DEVELOPi17ENT OF PROPOSED EAGAN FAMILY AQUATIC FACILITY ACTION TO BE CONSIDERED: To approve or deny authorization for the completion of the design and development phase of the proposed Eagan Family Aquatic Facility. FACTS: ♦ Depending upon the Council's action with respect to the need for an Environmental Assessment Worksheet, staff is requesting a decision on whether to proceed with the design and development phase of the proposed Family Aquatic Facility. • The Council will be briefed on additional information with respect to the consultant's activities regarding the aquatic facility at Tuesday evening's workshop. Further information with respect to this item is included in the background for that meeting. ISSUES: ♦ If the Council decides to proceed with an Environmental Assessment Worksheet, further design and development activity with respect to the aquatic facility should be postponed. If the Council decides that environmental issues have been or will be adequately addressed within the aquatic facility project, the design and development phase is the next step in that regard. ATTACHMENTS: ♦ Background information is included with the special meeting packet. /�9 Agenda Information Memo May 5, 1998 Eagan City Council Meeting NEW BUSINESS A. AUTHORIZATION, PREPARATION OF CEDARVALE COMMERCIAL AREA REDEVELOPMENT PLAN FOR CONSIDERATION OF THE FORMATION OF A TAX INCREMENT FINANCING DISTRICT ACTION TO BE CONSIDERED: To approve or deny authorization for the preparation of a redevelopment market plan and land use plan to be used for the consideration of the formation of a tax increment financing redevelopment district. FACTS: The Cedarvale Task Force, consisting of business property owners in the Cedarvale area, requested at its meeting of March 27 that the City of Eagan consider the creation of a tax increment financing redevelopment district for the Cedarvale commercial area. At its meeting of April 27, the Eagan Economic Development Commission indicated support for the request by the Cedarvale Task Force and recommended that the City Council authorize the preparation of a market study and land use and circulation study to be used as the basis for a tax increment financing plan. • Depending upon the scope of the plan and the number of neighborhood and property owner meetings, an estimated timeframe for a plan ranges from three to six months. Staff is in the process of receiving requests for proposals for similar studies in other communities. Staff is also gathering budget estimates and contract amounts from other cities who have performed similar studies in the past. Such costs would be eligible for reimbursement from tax increment financing proceeds if and when a district is created in the future. In addition, the Cedarvale Special Service District allocated up to 55,000 in its 1998 budget for support of special studies for the area. It may also be possible to allocate consulting firms from the Administration or Community Development budgets. ATTACHMENTS: • Staff memorandum on pages 13 / through VY0. 120 Y a city of eagan MENTO TO: Chair Gary Morgan and Members or the Economic Development Commission FROM: Jon Hohenstein, Assistant to the City Administrator DATE: April 14,1998 SUBJECT: Authorization to Prepare Tai Increment Financing Plan for a Redevelopment District in the Cedarvale Commercial Area Back round The purpose of this memo is to present a request to the City by the Cedarvale Task Force to consider creation of a tax increment financing redevelopment district in the Cedarvale Commercial Area. The Task Force is a group of Cedarvale business property owners whose meetings have been facilitated by the Eagan Chamber of Commerce. In consideration of an initial feasibility study, the business owners at the Task Force meeting of March 27 unanimously requested that the City Council move forward promptly with the formation of a redevelopment district for the area. The business owner's perception is that the area will be more attractive to potential developers and the City will be in a better position to respond to developer proposals if a district is formed in advance of a specific development proposal. Based upon analysis by the Dakota County Housing and Redevelopment Authority and City staff, the commercially developed and guided area encompassing the greater Cedarvale area from Nicols Road to and including the Silver Bell Center meets the statutory requirements for a tax increment financing redevelopment district. The remaining requirement of the statute is that a public process be undertaken that results in the City Council making a finding that the area would not redevelop in the foreseeable future "but for" tax increment financing assistance. The basis of that process would be a tax increment plan generally describing the redevelopment assistance required and the anticipated revenues from new development within the area. Statutory Findings Based on GIS data and analysis by the Planning Division, the overall Cedarvale TIF area meets the criteria in statute for a Redevelopment District. Parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities or other improvements. A parcel is considered occupied if at least 15% of the area of the parcel contains some type of improvement noted above. • -Parcels comprising 3,072,055 s.f of the total 3,710,158 s.f or 82.8% of the area are occupied. 131 • Of the portion that is not occupied, 12 parcels are vacant and 5 parcels are developed, but improvements cover less than 15% of the lot area • More than 50% of the buildings in the occupied area are structurally substandard, requiring substantial renovation to conform to current codes or clearance A building is considered structurally substandard if the cost to bring it up to current codes would exceed 15% of the cost of building the same building today. • The Dakota County Housing and Redevelopment Authority inspections found that 49 of the 51 buildings in the Cedarvale area meet the substandard test. • 44 of the 46 occupied parcels or 96% meet the test. • Parcels comprising 2,680,769 s.f of the 3,072,055 s.f occupied area or 87% meet the test. This analysis applies to the entire area analyzed If more than one district were to be created within the area, each district would need to be configured such that it meets the tests individually For additional detail, please see the attachments It should be borne in mind that the policy decision by the City Council of whether to form a district occurs after a TIF plan is done and the public notice and hearing process has been completed With that qualification, in approaching a decision on whether to authorize staff to proceed in this regard, the Council is asked to consider the following issues. 1. Should a redevelopment planning study and updated market study be prepared before or after formation of a TIF district? The business property owners have asked that a district be formed expeditiously on the basis of the most basic planning and redevelopment assumptions for the area. This is possible, although the planning assumptions themselves require some level of study. In order to implement a redevelopment plan effectively, however, it would be reasonable to provide existing property owners and prospective developers with the City's expectations for the area This would include general or specific land uses, market analysis to support the desired uses and intensities, a range of redevelopment activities that would be necessary, to bring the new uses about and strategies to include existing property owners within the redeveloped area or community. At such time as such studies are directed, a request for proposals for appropriate firms would be prepared Such studies are eligible expenses for reimbursement from TIF proceeds if a district is formed 2. Should the City consider formation of one or more districts within the area? The property within the overall area qualifies under the statutory tests to such an extent that the city could consider creation of a single district or several smaller ones The advantage of a single district is that proceeds from development in one part of the area could be used to make improvements elsewhere in the area If more than one district is formed, the transfer of funds, or pooling, is restricted between districts to a maximum of twenty-five percent of the increment. The advantage of smaller districts is that they can be formed as development �J proposals come forward so that statutory time lines only begin to run for the specific area where activity is occurring. This may be appropriate if the redevelopment plans for different pans of the area are more apparent than for others 3. Should the City study incorporating additional area within a district it it would support the orderly redevelopment or the commercial area? So much of the property within the overall area qualifies under the statutory tests that some additional parcels could be incorporated in a district, even if they do not meet the substandard or lot coverage tests themselves As with the Cedarvale area itself, it would be essential to gauge property owner interest if additional areas were to be considered For example though, depending upon owner response, it may be appropriate to consider whether including additional properties along Beau D'Rue between Rahn and Silver Bell Roads would permit additional alternatives for improved traffic access to and from the area. Action to be Considered: To approve or deny authorization for preparation of a draft Cedarvale Commercial Area Tax Increment Financing Redevelopment Plan and to provide direction on 1) the preparation of a redevelopment planning study, 2) market study, 3) the consideration of one or more districts and 4) the potential of incorporating limited additional property in a district contingent upon owner response, JAJ-- . AssUtant to the City Administrator 133 r: OkNi ��vMIN Irer.bi N A Location Map /3y s TAX INCREMENT FINANCING IN MINNESOTA Redevelopment TIF District Definition, Requirements and Restrictions A redevelopment district is a type of lax increment financing district in which one of the following conditions exists and is reasonably distributed throughout the district. (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, or other improvements, and more than 50% of the buildings (not including outbuildings) are structurally substandard requiring substantial renovation or clearance A parcel is deemed "occupied" if at least 15% of the area of the parcel contains some type of improvement, or (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right- of-ways For districts consisting of two or more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also quality as a whole. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essentis! utilities and facilities. light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. A building is not structurally substandard if it is in compliance with the building code applicable to a new building or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type A city may find that a building is structurally substandard without an interior inspection or an independent expert appraisal, if there exists "reasonably available evidence" to support this conclusion Such evidence may include size, type, and age of the building the average cost of plumbing electrical, or structural repairs, or other similar information. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are meet (1) the parcel was occupied by a substandard building within a three-year period prior to the parcels inclusion in the district, and (2) if the substandard building was demolished or removed within the three year period, such demolition or removal was performed or financed by the city, or was performed by a developer under a development agreement with the city. In addition, the city must have found by resolution before such demolition or removal occurred that the building was structurally substandard and that the city intended to include the parcel in the TIF district. In the case of (2) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rates) for the current year At least 90 percent of the tax increment from a redevelopment district must be used to finance cost of correcting conditions that allow designation as a redevelopment district These costs include acquiring properties Containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of land, and installation of utilities, roads. sidewalks. and parking facilities for the site The allocated administrative expenses of the City may be included in the qualifying costs /3S DAKOTA COUNn' Memorandum DATE: January 14, 1998 Housing & Redevelopment Authority 6:2.4:1.4w 2496 145th Sc VX • Rem,wnt. hIY 55:6S a TD D 61:•4:3 -SIS: • F+\ 6 TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR CITY OF EAGAN FROM: DON NELSON, REHABILITATION SPECIALIST, DAKOTA COUNTY HRA RE: POTENTIAL CEDARVALE AREA REDEVELOPMENT DISTRICT The buildings within the proposed Cedarvale Area redevelopment district have been inspected and analyzed. The attached results indicate that this area does qualify as a redevelopment district. The district includes 49 primary structures of which 47 buildings are deemed structurally substandard. One of the requirements for establishing a redevelopment district states that 50% of the buildings, excluding outbuildings, must be structurally substandard. A structure is substandard if the cost of bringing it up to current code requirements exceeds 15% of the cost to build a similar new structure. Estimated figures were determined from the Means Square Foot Cost Estimator, the National Construction Estimator and the State of Minnesota Building Valuation Data. Commercial construction items that are most costly to bring up to current standards include. - sprinkler systems -re-insulating and roofing -office remodeling and remodeling to conform to Americans with Disabilities Act (.ADA) -elevators as needed `AN EQUAL OPPORTUNITY EMPLOYER" 136 Sprinkler systems are required by the State Building Code based on the use of the buildings, size of the structures, and type of construction. Cost to retrofit sprinklers is 51.75 - 52.50.!sq.ft. Insulation - The most recent energy code requires a minimum of R-22 in the ceiling of commercial buildings. Cost to remove the gravel, re -insulate and replace the roof, is estimated at 56.93/sq. ft. Office remodeling and ADA remodel in -This consists of: replacing wood framing with metal as required in the larger buildings. Replacing water supply lines that may have been installed using lead, heating and air conditioning updating. ADA standards require accessibility to the buildings and within the buildings, including bathrooms, ramps elevators and parking. Cost associated with this varies with each building. levators to meet accessibility requirements in buildings of more than one story. Cost is approximately $53,100 each. Once a building is analyzed for code deficiencies and an estimated remodeling cost is determined, then a value of new construction is estimated. It is these two values that are used to determine the percentage of new construction cost, and whether the building qualifies as structurally substandard. Single Family dA ellings items that may need to be included in remodeling: -lead in water distribution system -other plumbing issues -egress windows -electrical updating including smoke alarms -additional insulation for ceiling and walls -heating and cooling Nl1 field notes and records relating to this survey are available for review if necessary. If you have any questions please contact me. Don Felson Rehabilitation Specialist, Dakota County HRA cc: Lee Smith 0 REDEVELOPMENT DISTRICT: CEDARVALE AREA % of New Qualifies As Est. S Construction Structurally Location Est. S New Remodel C29 Substandard 3808 Sibley Mem. Hwy. 67,477 25,198 37% YES 3820 Sibley Mem. Hwy. 1,035,939 452,071 44% YES 3830 Sibley Mem. Hwy. 136,806 49,800 36% YES 3840 Sibley Mem. Hwy. 439,400 -0- 0% NO 3880 Sibley Mem. Hwy. 401,613 82,042 20% YES 3900 Sibley Mem. Hwy. 1,259,101 298,670 24% YES 3989 Sibley Mem. Hwy. 210,816 123,887 590/0 YES 3990 Sibley Mem. Hwy. 136,172 47,585 35% YES 3992 Sibley Mem. Hwy. 108,726 28,875 27% YES 3998 Sibley Mem. Hwy. 95,574 82,126 86% YES 4000 Sibley Mem. Hwy. 229,588 101,214 44% YES 3835 Beau D' Rue Dr. 519,794 346,274 67% YES 3883 Beau D' Rue Dr 1,669,933 686,342 41% YES 3990 Beau D' Rue Dr. 197,640 119,220 60% YES 3900 Beau D'Rue Dr. 330,432 62,389 190/0 YES 3902-3938 Beau D'Rue 907,837 385,757 42% YES 138 /39 % of New Qualifies As Est. Est. Construction Structurally Location New Remodel cost Substandard 3940 Beau D'Rue Dr. 85,059 37,244 44% YES 3960 Beau D'Rue Dr. 418,000 181,240 43% YES 3960 Beau D'Rue Dr. 209,000 90,620 43% YES 3960 Beau D'Rue Dr. 385,545 329,576 85% YES 3980 Beau D'Rue Dr. 63,749 26,533 42% YES 3986 Beau D'Rue Dr. 96,440 33,909 35% YES 3996 Beau D'Rue Dr. 119,913 80,533 67% YES 3908 Beau D'Rue Dr. 4,402,800 1,575,891 36% YES 4030 Beau D' Rue Dr. 67,617 60,179 89% YES 4040 Beau D' Rue Dr. 191,016 148,992 78% YES 4030 Cedarvale Dr. 151,417 46,959 31% YES 3900 Cedarvale Dr. 80,110 25,394 32% YES 3902 Cedarvale Dr. 210,816 74,814 35% YES 3904 Cedarvale Dr. 104,354 41,643 40% YES 3906 Cedarvale Dr. 158,112 58,760 37% YES 3908 Cedarvale Dr. 141,588 28,195 20% YES 3910 Cedarvale Dr. 39,528 18,527 47% YES 3912-3914 Cedarvale Dr 106,330 42,433 40% YES 3910-3990 Cedarvale Dr 6,627,200 2,952,257 45% YES 3995 Cedarvale Dr. 94,909 28,457 30% YES /39 % of Nem Qualifies As Est. S Construction Structurally Location Est. S New Remodel Cost Substandard 3997 Cedarvale Dr. 185,760 48,484 26% YES 3999 Cedarvale Dr. 344,572 122,627 36% YES 3994 Cedarvale Dr. 533,987 201,417 38% YES 4015 Cedarvale Dr. 135,196 98,378 73% YES 3985 Cedarview Dr. 732,720 42,932 6% NO 3975 Cedarview Dr. 311,940 137,520 44% YES 3955 Cedarview Dr. 152,813 56,933 37% YES 3945 Cedarview Dr. 207,793 73,385 35% YES 3935 Cedarview Dr. 135,206 46,262 34% YES 3925 Cedarview Dr. 375,665 189,675 50% YES 3890 Cedarview Dr. 67,492 24,670 36% YES 1969-1989 Silver Bell Rd. 1,574,582 562,862 36% YES 1995 Silver Bell Rd. 223,141 60,510 27% YES 4040 Nicols Rd. 118,416 27,169 23% YES 3946 Nicols Rd. 59,106.51 35,233 60% YES There is a total of 51 buildings, 49 or 96% of the buildings meet the requirements to be structurally substandard according to the definition in State Statute 469.174 Subd.10. f:\wp51\dn-add /�o Agenda Information Memo May 5, 1998 Eagan City Council Meeting B. INTERIM USE PERMIT — PARKING ASSOCIATES LLC ACTION TO BE CONSIDERED: > To approve or deny an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW '/< of Section 2, subject to the conditions recommended by the APC. FACTS: > The applicant is requesting and Interim Use Permit to operate a 1,820 car, two- story parking ramp to provide off-site airport parking for up to 15 years. > The proposed parking ramp structure will be constructed to convert into an office/warehouse building which is a permitted use in the Business Park zoning district and consistent with the BP land use designation. > An Indirect Source Permit (ISP) is required for the proposed parking ramp and should be completed in July. An Alternative Urban Areawide Review (AUAR) has been ordered by the City to review the environmental impacts of development on this property and surrounding properties. The AUAR eliminates the need to prepare separate EAW's for each development proposal in the future. The AUAR is anticipated to be completed later this summer. > At their meeting on April 28, 1998 the APC recommended approval of the Interim Use Permit for a term of 5 years, subject to the conditions outlined in the staff report, with some minor modifications. ISSUES: > Term - The City Code does not establish a minimum time limit or define "interim". The City can use its' discretion in determining the appropriate term length. The City can define a specific termination date and/or an event or circumstances that would actuate termination. Historically, IVPs in Eagan have not involved the construction of a new building and most have had terms ranging from 1-5 years. > Conversion to Permanent Use — The City may have concerns about the feasibility of converting the parking ramp to the proposed permanent office/warehouse use to ensure the interim use does not become permanent by default. Through review of detailed construction drawings, the City can make some determination about the technical feasibility of making the proposed building conversion. ATTACHMENTS: > Staff report, pagesthrough -t > Minutes from April 8, 1998 AT meeting, pages..¢hrough� > Letter from Greg Miller (Wispark), pages hrough L70 /y/ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 23, 1998 APPLICANT: Parking Associates, LLC PROPERTY ONVNER: Parking Associates, LLC REQUEST: Interim Use Permit CASE: 02 -IN -02-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Julie Farnham LOCATION: Northeast side of TH 55 south of Blue Gentian Road in the NW '/4 of Section 2 COMPREHENSIVE PLAN: BP — Business Park ZONING: BP -Business Park Parking Associates, LLC is requesting an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW '/. of Section 2. City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Planning Report — Parking Associates, Inc. April 28, 1998 Pace 2 Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. IMM MM111JO 171:1 Part of the airport expansion project involves temporary removal of on-site public parking in addition to relocation of other airport related uses (e.g. rental car businesses). The applicant believes this situation will increase demand for off-site public parking serving the airport. The applicant, working in conjunction with a contractor who is removing an existing parking ramp at the airport, intends to "recycle" the ramp structural materials. Basically, the applicant intends to relocate and reconstruct the ramp on their property in Eagan on TH 55. Given the airport construction schedule, the existing ramp must be removed from the airport by June 1, 1998. y3 Planning Report - Parkmg Associates, Inc Apn128,1998 The applicant has been involved in a series of meetings held over the past 5 months with City staff and other property owners and developers in the area to discuss future internal roadways and TH 55 access limitations. To date, the City's engineering/traffic consultant, SRF, Inc. has completed a concept plan for future roadways and access consolidation in the area. A traffic analysis is also being prepared to forecast traffic volumes in the vicinity through the year 2020. The concept plan and traffic analysis was initially presented to the City Council for comment on April 21, 1998 and received favorable response. Concurrently, the City has requested an Alternative Urban Areawide Review (AUAR) be completed to analyze the environmental impacts of proposed developments within the triangular area bound by 1494 on the north, TH 55 on the west and TH 149 on the east. An AUAR is similar to an EAW and is usually undertaken when the overall development impacts should be analyzed on an area -wide scale. Because several developers 'prop", owners in the area have expressed development interests at the same time, it seemed appropriate to do an area wide environmental review, rather than a series of individual EAWs. It is anticipated that the AUAR draft will be will be complete by mid-June and the final report complete by the end of summer. EXISTING CONDITIONS The total area of the applicant's property is 19.5 acres. However, MnDOT has a right-of-way easement over 2.63 acres extending to the centerline of TH 55, so the usable portion of the property is reduced to about 16.9 acres. The usable portion of the property is currently undeveloped and unplatted. The site is relatively flat and vegetated mostly with grasses. A few significant trees are located near the southwest comer of the site. (• : :111,1110 1 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Residential (Blue Gentian); zoned Ag and R-1; guided BP South - Vacant (PepsiWispark); zoned BP; guided BP East - Vacant (Wispark); zoned BP; guided BP West - TH 55/Industrial; zoned I-1; guided IND EVAI.I ATION OF REQUEST Proposed Use - Parking Associates is proposing to construct a two-level parking ramp for 1,820 cars on this property. The parking ramp will be used as a park and ride facility primarily serving the MSP International Airport. The applicant states that users will generally leave their cars for extended periods (e.g. week average). The ramp will operate 24 hours per day. A shuttle service to and from the airport will be provided consisting of medium sized vans similar to those used by EZ Air Park. The applicant is requesting a 15 -year tetra for the proposed interim use. However, according to the applicant, the actual time period will depend on the market demand for off-site airport parking and/or office -warehouse development. /YY Planning Report — Parking Associates, Inc. April 28, 1998 Pace 4 At staffs request, the applicant also submitted a conceptual plan illustrating the future permanent use of the property to ensure that it would be consistent with the intent and standards of the Business Park district. The permanent use of the property is proposed to consist of an office/warehouse facility with 20% office and 80% warehouse space. Such a use is permitted in the BP district. According to the applicant, the parking ramp footings will be designed to allow the future addition of tilt -up wall panels to enclose the building and convert it to an office'warehouse use. Because a parking facility independent of a principle building use is not permitted in any of the City's zoning districts this request is being processed as an interim use. The Citv can use discretion in determining an appropriate time period for the interim use. Interim uses are subject to annual administrative reviews to ensure compliance. In addition, the City may attach appropriate conditions to the interim use to ensure compatibility and minimize impacts on surrounding uses. Compatibility with Surrounding Area - The compatibility of the proposed park and ride use with the surrounding area will largely depend on impacts relative to traffic generation and aesthetics. The applicant is conducting a traffic analysis in conjunction with an ISP which should be complete in July (discussed later in report). The applicant states that traffic generated by the ramp will not be substantial during peak hours, but will occur more randomly and relate to flight schedules. The parking ramp will be designed to be partially enclosed so the cars will be screened by the ramp "walls". However, due to elevation differences, the top level of the ramp, which is open, will be visible to the residential properties to the north and to a lesser degree, from TH 55 at the intersection with Blue Gentian"Lexington. Details of the ramp and future building design are explained under the "Building Design" section below. In general, the parking ramp appears compatible in design with surrounding industrial uses and potential future business park uses. Existing residential uses may be impacted due to the change from the current undeveloped condition of the property to a more intense use. However the proposed future office'warehouse use would be permitted out -right and would have a similar impact on the residential properties. Again, mitigation of the impacts is largely a function of aesthetics (building design, lighting, screening, landscaping, etc.) and traffic impacts. Site Plan'Setbacks - The proposed parking ramp structure is located on the site to meet all code requirements for setbacks. Setbacks proposed from the north and east property lines anticipate the future roadways and meet or exceed the minimum 40 -foot setback required from a public street. Building Design- The proposed parking ramp structure will be 292,800 s.f. in size and will have two levels with the top level uncovered. The proposed structure occupies about 40% of the usable site area (16.9 acres) which is the maximum building coverage allowed in the BP zoning district. The ramp will be 32 feet tall with a 2.5 foot railing running around the top. The "walls" of the ramp will consist of EIFS panels. The exterior ramp support posts will be clad in limestone y_!r Planning Report - Parking Associates, Inc. April 28, 1998 colored precast concrete. The top and bottom of the exterior ramp elevations will be clad in ribbed precast panels (gray). Portions of the ramp"walls" will remain open to allow ventilation. The proposed ramp materials are consistent with the building material requirements for the BP zoning district. The materials proposed for the future office/warehouse use are the same, however, windows will be added to both the first and second floors. The top of the structure will continue to be used as parking for the offrce"warehouse use. The Fire Department reviewed the plans for the parking ramp and future building and requests that the developer submit additional information with the building permit application. More specifically, they want information sufficient to verify: • the upper ramp level can hold the weight of fire pumper (38,000 lbs.) • standpipes will be provided with coverage of 100' dragging distance • sufficient water supply for coverage of ramp (300 ft. dragging distance from hydrants) • adequate access around the ramp perimeter • minimum access height of 12' to the lower ramp Lighting - The site plan indicates a total of 30 light poles located on the top level of the parking ramp. Of those, 23 will have double luminaires and 7 will be single luminaires. The luminaires will be sharp cut-off fixtures that direct light downward. All light poles will be 20 -feet tall. There are also 20 wall mounted light fixtures proposed around the building exterior. The wall fixtures will be mounted about 28 feet from the ground elevation. Landscaping - The proposed landscape plan includes a mix of deciduous and evergreen trees and shrubs. The size and quantity of the plants generally meet or exceed code requirements for screening. However, the proposed landscaping along TH 55 and the proposed new roads (north and east) consists primarily of over -story deciduous trees spaced 40' apart. The code requires a minimum 3 foot high solid screen where the property abuts a public roadway or property with different zoning. Therefore, a 3' tall hedge planting or berm would meet the minimum code requirements. Given the size and height of the proposed structure and that the cars will be inside the ramp and generally screened by the ramp "walls", over -story trees may provide the most appropriate and attractive landscape treatment. However, a combination of trees and hedge plantings may be a good compromise to consider. Grading'Storm Drainage - The site is generally open and has been previously graded. A majority of the site will be graded in preparation for the proposed development. The first floor elevation of the proposed building is approximately at the same elevation as TH 55 to the west. A portion of the proposed grading is shown within the right-of-way of TH 55. A permit from MnDOT will be required for this work within state right-of-way. The site currently handles storm water runoff from a large area upstream, including TH 55 storm drainage. There is currently a system of drainage ditches and low areas on or adjacent to the site that accommodates this runoff before it discharges through a culvert pipe to Pond FP -1 to the east. An improved storm sewer outlet will be provided when the proposed "Blue Rater Drive- is constructed along the east edge of the parcel (as detailed later in this report). / Y-6 Planning Report - Parking Associates, Inc. Apnl28,1998 Net 6 The developer is proposing to construct a storm water pond in the south portion of the development to handle the existing runoff from upstream as well as from this development. This pond should be constructed to control the post -development runoff rate equal to or less than the pre -development rate. The existing storm sewer pipes within the TH 55 ditch should be extended to the normal water level of the proposed storm water pond to prevent erosion. The drainage and storm ponding plan should be reviewed and approved by MnDOT prior to issuance of a building permit. Wetlands 1Water Ouality -This development is located in drainage basin Fin northeast Eagan. The development will generate runoff that will be discharged first to Pond FP -1, an 18 -acre pond designated as a nutrient trap in the City's water quality management plan. Pond FP -1 in tum discharges to Pond FP -14, a designated stormwater management basin, which then discharges to storm sewer that empties to the Minnesota River bottomlands. There are no recreational classified water bodies dow-ristream of the proposed development. Because of the large size of the development, the high impervious coverage proposed for the parcel, and the fact that Pond FP -1 is a designated state protected wetland which contains wetland mitigation features, staff recommends that the development incorporate on-site ponding to treat runoff from the site. In addition to treating runoff from the development parcel, the pond should also treat runoff from almost 80 acres of area southwest of Highway 55 that currently discharges through two large culverts to a ditch located across the subject parcel. This runoff should be directed to the proposed detention basin for treatment as well. Modeling indicates that the detention basin proposed by the developer (wet volume of approximately 2.7 acre-feet) will be adequate to prevent further water quality degradation in Pond FP -1 under these conditions. All influent pipes should extend to the normal water level of the proposed detention basin and a skimmer of suitable design to the City should be installed on the outlet. There is one area within the parcel which has been identified as having wetland characteristics. Further investigation of aerial photos, soil survey information, and the history of previous grading in the area indicate that this wetland formed inadvertently and is therefore exempt from regulation under the Welland Conservation .Act. The applicant has submitted sufficient documentation to support the exemption and staff therefore recommend issuance of the exemption. Access'Street Design - The City is nearing completion on a traffic study (City Project No. 736 - TH 55/149 Traffic Study) for present and future development in the area bound by 1-494 on the north, TH 55 on the west, and TH 149 on the east. This study will outline recommendations for access consolidation along TH 55, the future re -alignment of Blue Gentian Road and the extension of other internal roadways that will affect access to development in the study area, including this site. Also, a proposed Cooperative Agreement Project with MnDOT for TH 55 is scheduled for 1999 or 2000 that will include access consolidation, frontage roads and possible signalization in the vicinity of Lawrence Avenue at TH 55. The site plan indicates the immediate, short-term access to the site is proposed along the west edge of the site at the location of an existing center median break on TH 55 opposite the Terrace Planning Report - Parking Associates, Inc. April 28, 1998 Motel. This would allow full turning movements into and out of the development. The permanent, long-term access would be from a new road ('Blue ]Fater Dr.") along the east boundary of the site. The new road is conceptually proposed to intersect TH 55 near Lawrence Ave. At the time of this report, MnDOT has not submitted formal comments regarding this proposal. Their comments are expected by the end of April, prior to Council action on this item. However, MnDOT has indicated in preliminary comments that the proposed direct access onto TH 55 will be considered temporary. For access approval, MnDOT will require that the proposed TH 55 access be subject to the following conditions: • The access will become restricted to right in right out movements at time of construction of improvements under the TH 55 Cooperative Agreement Project for access consolidation. • The access must be removed completely (median closed) with construction of internal streets adjacent to and along the north (realigned Blue Gentian) and east ("Blue Water Dr.") edges of the site. These internal streets are proposed to provide full access to TH 55 through a future signal at Lawrence Avenue and/or the existing signal at Blue Gentian. The developer will be required to comply with all conditions imposed by MnDOT regarding the future restriction or modification of access to TH 55. Also, any improvements necessary to TH 55 (e.g. tum lanes, bypass lanes, etc.) as required by MnDOT to provide temporary access to this development should be the responsibility of the developer. These improvements should be satisfactorily completed before an occupancy permit is issued. Easements Rights of Way' Permits - All necessary permits from MnDOT for access, grading and ponding on TH 55 right-of-way should be acquired by the developer prior to issuance of a building permit. The developer should dedicate 35 -feet of right-of-way to accommodate the future internal streets along the north and east edges of the property. Tree Preservation - The proposed development will result in 100% removal of the trees on-site. According to the applicant's tree survey, there are 12 trees existing on-site consisting of cottonwood, ash, and elms (all softwoods) ranging in size from Y-14" in diameter. It appears that 4 of these trees would be considered significant (12" min. diameter). According to the City's Tree Preservation Ordinance, allowable removal for this type of development is 30% of significant trees or woodlands. The City Forester requested additional information from the applicant in order to calculate tree mitigation. At the time of this report, the Forester had not completed his analysis and calculation of the tree mitigation. Additional information in this regard will be presented at the APC meeting. Parks and Recreation - A cash park and trails dedication will be required prior to issuance of a building permit. Airport ?poise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council adopted a revised Aviation Chapter that anticipates Planning Report - Parking Associates, tnc. April 28, 1998 Pace 8 the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In Noise Zone III, parking uses are consistent. Since the proposal is for an interim use, however, applications for a future use may not be consistent or may be required to comply with certain structural performance standards to be acceptable according to MS 473.192. Staff notes the proposed future warehouse use would be consistent but the office use would be provisional. As such the office portion of the future building would need to be designed to achieve a 20 decibel reduction in indoor noise levels. OTHER ISSUES Indirect Source Permit (ISP) - An ISP is mandatory for a new parking facility providing 2,000 or more new spaces and exempt for those providing fewer than 1,000 new spaces. Between 1,000 and 2,000 new spaces an ISP is discretionary. However, if the existing Average Daily Traffic (ADT) on the surrounding roadways is more than 8,300 vehicles per day, an ISP is required. Given the existing ADT on TH 55 in this location is about 12,000 vehicles per day an ISP is required for the proposed parking ramp. The applicant is currently working with a consultant to prepare an ISP. It is anticipated that an ISP could be issued by July. While the City Council can take action on the requested interim use permit prior to issuance of an ISP, neither a building permit, or any construction activity (including storage of materials) can take place on site prior to issuance of the ISP. Environmental Assessment NN orksheet (EAH) - An EAW is discretionary for a new parking facility providing less than 2,000 nem parking spaces. Issues normally addressed by an EAS" will be reviewed as part of the AUAR, so a separate EAW is not needed. As stated earlier, the final AUAR report should be completed later this summer, however, that will be after the ISP is issued. While unlikely, the MnPCA may make issuance of an ISP contingent on satisfactory completion of the AUAR. Term of Interim Use Permit - This is a somewhat unusual IUP request as it involves construction of a new building. Historically in Eagan, interim uses have primarily been non- structural uses or those that utilize existing structures. Because this request involves considerable investment in the construction of a new structure, it poses special considerations regarding the term of the IUP and implementation of the proposed permanent use. Term Length Considerations - The City Code does not establish a maximum time limit or define "interim". The City can use its discretion in determining the appropriate term length. City Code states that an interim use must be deemed "temporary in light of the comprehensive guide plan" and that a "date or event that will terminate the use can be identified with certainty". As such. the City can define an event or circumstances that would terminate the ILP rather than, or in addition to, setting a specific termination date. Historically, most of the rUPs issued by the City have been for 1-5 years. The only longer IUP issued was to allow horses in an R-1 zone for 10 years. However, each request is unique and the City must evaluate them independently. /y9 Planning Report - Parking Associates, Inc. Apn128,1998 Paee 9 The applicant is requesting a term of 15 years, depending on demand for office/warehouse in the area, and presumably, demand for off-site airport parking. To provide a glimpse of the demand "picture" for off-site airport parking staff has obtained information from some providers in the airport vicinity, including the MAC, Park and Fly ramplot in Bloomington, and EZ Air Park in Eagan. Construction at the airport will displace about 350 of the 8,150 existing on-site public parking spaces. Over the next two years new parking ramps will be constructed to replace and expand the total amount of on-site public parking. By the end of 1999 it is anticipated that 1,200 new parking spaces will be available and by the end of 2000, 6,000 new spaces will be available for public use. MAC staff stated that the new parking is expected to accommodate anticipated demand through about 2005. However, they noted that once the 6,000 new spaces are constructed there won't be any more space at the airport to provide additional on-site parking in the future. It was also noted that existing parking ramps operate at about 96% full capacity. The current fee for on-site ramp parking is $14 per day. MAC staff also noted that an existing off- site public park and ride in St. Paul (off Shepard Rd.) was recently purchased by Hertz (rental cars) resulting in a permanent loss of 1,000-1,200 park and ride spaces in the vicinity. The Park and Fly ramp in Bloomington provides 968 spaces and has been in operation for 3 years. The ramp is part of an operation that also includes an adjacent 1,097 stall surface parking lot. The ramp'lot manager indicated that the ramp operates at an average of 50% full capacity while the surface lot is usually 70-80% full. Ramp use appears to Fluctuate with the weather, as higher use tends to occur during winter months. It is also cheaper to park in the surface lot than the ramp ($8 vs S12). The average stay in the ramp'lot is 4 days. This facility operates 24 hours Per day and is located about 7 minutes from the airport, with shuttle service available every 3-5 minutes. EZ Air Park in Eagan provides surface parking for about 1,100 cars. The manager indicated that lot use peaks during the winter months (Jan. -Mar.) when capacity averages 730 cars per day. During the rest of the year the lot usually holds about 350 cars per day. This facility operates 24 hours per day. And is located about 8-10 minutes from the airport with shuttle service available even, 5-10 minutes. Parking fees are $8.50 for the first 24 -hours and $7 for each 24-hour period there after. Conversion to Permanent Use - The primary concern that the City may have is whether the ramp structure can technically be converted to the proposed permanent office. warehouse use in an economically reasonable manner. If the cost of converting the ramp to an office warehouse is too high, the property owner (at time of ILP termination) may not have the economic means to implement the conversion, and by default, the use becomes permanent. While it is not within the City's purview to assess the economic means of the property owner, the City can make some determination of whether the ramp structure can technically be converted to the permanent use. However, the applicant will need to submit additional information (e.g. detailed building and fire code analysis for interim and permanent uses) in order for the City to make such a determination. /sv Planning Report — Parking Associates, Inc. April 28, 1998 PaRe 10 SUMMARY/CON'CLUSION The applicant is requesting an Interim Use Permit to construct and operate a parking ramp to provide off-site airport parking for up to 15 years. The two-level, 32 -foot tall structure will provide 1,820 parking spaces. According to the applicant, the ramp structure will be designed to convert into the proposed permanent office,'warehouse use. An Indirect Source Permit (ISP) will be required to allow, the proposed new parking facility. The applicant is currently preparing the ISP report and an ISP is anticipated to be issued by July. No construction activity can occur on site prior to issuance of the ISP. If the City finds the proposed parking facility use acceptable it will need to determine whether the requested 15 -year IUP term is appropriate or if another term length should be considered. The City- can also specify circumstances or events that could also terminate the use. In addition, conditions to mitigate potential impacts can also be imposed on the interim use. A. To recommend approval or denial of an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NIA' Y. of Section 2, subject to the following conditions: The permit shall terminate upon the earlier of June 1, 2013 or the occurrence of a specific event(s) as identified by the City that would trigger termination. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. The Interim Use Permit shall not be issued until an ISP has been issued in connection with this project. The developer shall submit a complete building and fire code analysis for both the proposed interim and permanent uses with application for a building permit. 5. No building permit or any other construction activity (grading, material storage, etc.) may occur on-site prior to issuance of an ISP. 6. The property shall be platted and recorded with Dakota County, 7. The fUP shall be recorded with Dakota County within 15 days of ISP issuance. 8. This development shall be subject to a cash dedication for parks and trails prior to issuance of a building permit. Planning Report - Parking Associates, Inc. April 28, 1998 Paae 11 Drainaee and Utilities The existing storm seiner pipes within the TH 55 ditch shall be extended to the normal water level of the proposed storm water pond to prevent erosion. 10. The drainage and storm ponding plan shall be reviewed and approved by MnDOT prior to issuance of a building permit. 11. The developer shall provide storm water ponding to control post -development runoff to equal or less than that of pre -development conditions. 12. The City Council must approve a public improvement project for the installation of utilities to serve this development prior to the issuance of a building permit or the de%eloper'owner must install them in accordance with City standards per a formal agreement. Access and Easements 13. The developer shall comply with all conditions imposed by MnDOT regarding the future restriction or modification of access to TH 55. 14. Any improvements necessary to TH 55 (tum lanes, bypass lanes, etc.) as required by MnDOT to provide temporary access to this development shall be the responsibility of the developer. These improvements shall be satisfactorily complied with before an occupancy permit is issued. 15. The developer shall obtain all necessary permits from .%1nDOT for access, grading, and ponding on TH 55 right-of-way prior to issuance of a building permit. 16. The developer shall dedicate 35 -feet of right-of-way to accommodate the future internal streets along the north and east edges of the property. /-S-em 0:01�:I1[01I■1'1:1• Comprehensive Guide Plan Map B BP BP w BP B -- L IND BP IND i P eee a .00 two r... Development/Developer: Parking Associates, LLC Case No.: 02 -IN -02-03-98 Current Guide Plan Designation: BP BUSINESS PARK City of Eagan /'s y (k City of Eagan Community Development Department 1-1 Zoning Map BP Subject Site 1 eP Development/Developer: Case No.: Current Zoning: +City of Eagan 1.1 1.1 Parking Associates, LLC 02 -IN -02-03-98 BP BUSINESS PARK 13 �7 N O M1ti. �L 5 ' 'f AMLAW a n . u - w� ir��nnrtn 1Y S Mri M >♦ IA MSI Iltll YIYI W � � �1 LIIILC 1.Ws IYM� iMA W V w1 if1 iY I A � IAIY 1•! rtn w p.. wi .Y rrw rtn . a YKOY W � I A . lYr YIf M YM MI wi �O �I{ nn . iM 04 MYL IOY�O . Y1 tWl wAsi �OIt., �liy W � M� M!l I.WI ids., Mei W ..w IW Ii GROUND LEVEL PLAN Yrwc gra .SII Jill PARAUOUNT Y / rA1n SAYI ASSOCIATES. IMC GRAND o" COrYLRa C[IRCR GRADING ruM �_ ^ go -i y .I �,•�' mw,an� O,t m� u• 11Ri l GUW !)AK,COMMENCE CERM I s '•� �I T un PLM s r .,.yeas%M— R e'er / (\�v 65/ V r F 7 O hSW El. GMND OUCDYYECE CENTER �.w -- K�� ..� UNMG►C IWI ewu.. o�w o�11 " MO om c"WENC[ etwo Page 4 Apn128, 1998 r ^, ADVISORY PLANNING CONNUSSION PUBLIC HEARINGS INTERIM USE PERMIT & VARIANCE PARKING ASSOCIATES, LLC Commission Chair Heyl opened the fust public hearing of the evening regarding an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NWI/. of Section 2. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated April 23, 1998. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Farnham noted that the request for a variance was withdrawn by the applicant. David Sellegren, the attorney for the applicant stated that the applicant is in agreement to all of the conditions outlined in the City staff planning report. He further outlined and described the parking facility use proposed under the interim use permit, as well as the long-term use as an office/warehouse facility. He specifically noted that the parking facility structure is designed and will be constructed to accommodate a conversion into an office/warehouse building. The representative described the intended operations of the parking facility with 70% to 80% occupancy, resulting in 400 to 500 cars per day, noting that a three-story office building, which is a permitted BP use would generate more traffic than the parking facility during peak hours. Mr. Sellegren concluded by stating that a 15 -year interim use permit is required to justify the physical and financial investment in the parking facility. Chair Heyl opened the matter for public hearing. John Lundquist, a representative of Wispark Corporation stated that Wispark Corporation does not object to the proposal itself, but feels approval is premature until the ALAR Study is complete and a more detailed review of the economic and technological feasibility of the proposed use is done. He stated Wispark Corporation is concerned that the proposed 15 -year term is too long and could hinder development consistent with BP in the area. They are also concerned that there are no assurances the use will be converted to the permanent use. Charles Nolan of E -Z Air Park stated that he opposes the project for lack of its economic viability. Mr. Nolan explained that E -Z Air Park has been struggling for profitability and full occupancy of its facility. Mr. Nolan stated that a park and ride facility across the river from the airport is less profitable than a park and ride along the /g Page 5 Apn1 28, 1998 ADVISORY PLANNING COMMISSION 494 strip or even closer to the airport. He also stated that the parking fees relate to distance from the airport and questioned the ability of the ramp to charge enough to cover their costs. Marilyn Sandford, a resident from Blue Gentian Road stated that she was speaking on behalf of the homeowners on Blue Gentian Road, but acknowledges that not all homeowners agree on all issues. The resident stated that she objects to the project because of the uncertainty of its feasibility, results from winter salt runoff and most importantly, the esthetics and lighting on the roof top. Chair Heyl closed the public hearing. Member Carlson stated that the City conducted a study of this area and a park and ride facility was not contemplated as part of the long-term Business Park use for this area. Member Carlson stated that the park and ride is not a permitted use on the subject property and the proposal is too intrusive for an interim use. In response to Member Segal's inquiry, Ms. Farnham explained the TIF district boundary and anticipated uses in the area. Ms. Farnham stated that the surrounding properties are zoned BP except for existing and residential zoned properties. Ms. Farnham further stated that the Comprehensive Guide Plan designates the entire area for business park uses, but no master plan has been prepared by the City. In response to Chair Heyl's inquiry, Charles Henrich of Parking Associates, LLC, explained that when the parking facility structure is ready for conversion into a office/warehouse building, the interior of the structure will be converted into office and warehouse use and parking will be provided on the roof, eliminating the need of additional parking spaces surrounding the structure. Member Frank noted that while he believes that there will be a use for a 30 -foot warehouse space, he does have a concern regarding the impact of the parking and lighting on the residents. Member Carlson stated that she does not support the proposal because it is not compatible with the intended Business Park uses as contemplated when the City rezoned the surrounding property. Member Carlson further stated that the proposed use is not compatible with the area and is inconsistent with the surrounding uses. She concluded that she deems the roof parking of vehicles, even for three to four days, is outdoor storage which the City intended to avoid by rezoning the property as business park. Member Bakken expressed concern that upon the expiration of the interim use permit for the parking facility, the applicant is under no commitment to follow through with the proposed permanent office/warehouse use. Chair Heyl noted that the applicant has an economic incentive to follow through with the intended project upon the expiration of the interim use permit because of the investment made in the property. As I63 Page 6 �. . Apnl 28, 1998 ADVISORY PLANNING CONMSSION such, she does not thing a formal commitment is necessary. In response to Member Bakken's inquiry, Assistant City Anomey, Sharon Hills, advised the APC that the interim use permit cannot be conditioned on applicant's agreement or commitment to convert and construct the office/warehouse building upon the expiration of the interim use permit because upon the expiration of the permit, there are no longer any conditions to enforce. Member Segal stated that he has no concern with the proposed roof parking. noting that it is less intrusive than ground parking. Segal further stated that because the proposed park and ride facility is not compatible with a business park use or the nearby TIF district intended uses, the appropriate term for this interim use of the subject property for a park and ride facility should not exceed five years which fits within the Metropolitan Airport's construction schedule. Member Segal moved, Member Bakken seconded, a motion to recommend approval of an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the N"1'1/. of Section 2, subject to the following conditions: 1. The permit shall terminate five years from the date of the issuance of the certificate ofoccupanc}. 2 The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. The Interim Use Permit shall not be issued until an ISP has been issued in connection with this project. 4. The developer shall submit a complete building and fire code analysis for both the proposed interim and permanent uses with application for a building permit. 5. No building permit or any other construction activity (grading, material storage, etc.) may occur on-site prior to issuance of an ISP. 6. The property shall be platted and recorded with Dakota County. 7. The IUP shall be recorded with Dakota County within 15 days of ISP issuance. IWa Page 7 April 28, 1998 ADVISORY PLANNING COMMISSION 8. This development shall be subject to a cash dedication for parks and trails prior to issuance of a building permit. 9. The developer shall provide all information as required by the City Forester before the issuance of any grading permit and shall submit a tree mitigation plan and comply therewith as approved by the City. 10. The developer shall provide a combination of trees and hedge plantings for screening of the property as required by City Code. 11. The roof parking lighting shall be installed as to provide all light illumination directed away from the residential properties. 12. The parking facility structure shall be constructed of materials acceptable and in compliance with the business park zoning requirements. Drainage and Utilities 13. The existing storm sewer pipes within the TH 55 ditch shall be extended to the normal water level of the proposed storm water pond to prevent erosion. 14. The drainage and storm ponding plan shall be reviewed and approved by MnDOT prior to issuance of a building permit. 15. The developer shall provide storm water ponding to control post - development runoff to equal or less than that of pre -development conditions. 16. The City Council must approve a public improvement project for the installation of utilities to serve this development prior to the issuance of a building permit or the developer/owner must install them in accordance with City standards per a formal agreement. Access and Easements 17. The developer shall comply with all conditions imposed by MnDOT regarding the future restriction or modification of access to TH 55. 18. Any improvements necessary to TH 55 (tum lanes, bypass lanes, etc.) as required by MnDOT to provide temporary access to this development shall be the responsibility of the developer. These improvements shall be satisfactorily complied with before an occupancy permit is issued. /6.s Page 8 Apn1 28, 1998 ADVISORY PLANNING CONSUSSION 19. The developer shall obtain all necessary permits from MnDOT for access, grading, and ponding on TH 55 right-of-way prior to issuance of a building permit. 20. The developer shall dedicate 35 -feet of right-of-way to accommodate the future internal streets along the north and east edges of the property. All voted in favor, except Member Carlson opposed and Member Steininger abstained. z` 7WISPARK CORPORATION 140 Metropolitan Centre. 333 South 7th Street, Minneapoln. MN 55402 April 13, 1998 Ms. Julie Farnham City of Eagan Community Development Department Planning Division 3830 Pilot Knob Road Eagan, MN 55122 RE: PROPOSED PARKI\G DECK ("PROPOSED DEVELOPMENT") Dear Julie: (612) 3132700 Fax (612) 3132701 Pursuant to my recent conversations with you and John Gorder, this letter is to provide you s%ith WISPARK's comments on the proposed development of a 2 level parking deck adjacent to the land owned by WISPARK in the quadrant bounded by Highways 55, 149, 1-35E &: 1-494 in Eagan. The above -referenced project is referenced herein as the "Proposed Development." As you are aware, WISPARK has been aggressively acquiring numerous parcels of land adjacent and in the vicinity of the Proposed Development. To date, we have acquired or executed purchase agreements on approximately 80 acres. We are planning to develop an upscale master -planned business park entitled "Grand Oak Business Park." To date, we have committed to invest almost 55,000,000 in land alone and are pursuing some additional acquisitions as well. We anticipate over 540,000,000 in total investment in developing this land over the next 3-5 years with the first phase (a 3 -story Class A office building approved by the City of Eagan in March) planned to begin this summer. The Proposed Development borders all of this investment immediately to WISPARK's west and, therefore, the quality and appropriateness of this project is of great concern. WISPARK's desire is to see this parcel developed in accordance with the site's zoning and in a manner consistent with the remaining developments contemplated for this quadrant. WISPARK has a number of serious concerns about the Proposed Development. NVISPARK's concerns are as follows' 1) The Proposed Development is not permitted within the current zoning for this land and is also an inappropriate use for the site based on the proposed neighboring developments. 2) The Proposed Development requests approval as a "temporary use," however, rhe temporary time period being requested far exceeds an)• reasonable definition of temporary. 3) The Proposed Development may not be converrible to the proposed permanent use as currently designed without unrealistic modifications; therefore, making the temporary nature of the proposal highly questionable. 4) There are serious engineering concerns with the Proposed Development that could adversely impact I{7SPARK's adjacent land. 5) The aesthetics of the Proposed Development are not consistent with the contemplated upgrading of this area. The following is a more detailed discussion of these issues as set forth above: 1) The Proposed Development is not permitted within the current zoning for this land and is also an inappropriate use for the site based on the proposed neighboring developments. The site is currently zoned Business Park ("BP") district. The BP district is intended to accommodate development of low intensity office, light industrial, and supporting commercial service uses that may be suitable in relatively close proximity to non- industrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. Office buildings, office/warehouses and office/showrooms are permitted uses in the existing BP district. The City Zoning Ordinance ("Zoning Ordinance") defines office/warehouse as "a multi -tenant building with gross floor area consisting of at least 15% office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions" (Zoning Ordinance, Section 11.03). The Zoning Ordinance defines "office/showroom" as "a multi -tenant building with gross floor area consisting of at least 30% finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions" (Zoning Ordinance, Section 11.03). Other BP permitted uses included, but are not limited to financial institutions, and banks without drive-through; processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable state standards; research laboratories, when wholly contained within a building and which meet and maintain all applicable state standards; and technical, vocational and business schools. BP conditional uses included day-care facilities, financial institutions, and banks with drive-through facilities, health care facilities, health and fitness clubs, hotels and motels, and Class I restaurants. /647 The minimum lot area in the BP district is 1.5 acres or 65,340 square feet. Minimum lot Width is 100 feet and minimum principal building setbacks are: a) Front, 40 feet or 50 feet abutting a minor arterial, highway or interstate; b) Side, 20 feet or 40-50 feet abutting a minor arterial, highway or interstate per Zoning Ordinance Section 1 1.10, subd 6: c) Rear, 30 feet or 40-50 feet abutting a minor arterial, highway or interstate per Zoning Ordinance Section 11.10, subd. 6. Maximum building coverage is 40% of total lot area, and maximum building height is 45 feet. Parking ramps are not a permitted principal use in the BP district and the Proposed Development clearly does not fit the intent of the business park land use designation and zoning. WISPARK relied on the zoning in this area when we invested in this land in Eagan. 2) The Proposed Development requests approval for as a temporary use, however, the time being requested far exceeds wky reasonable definition of temporary. A substantial portion of the surrounding area for business park use appears likely within three to five years. As a result, there is a serious question as to the public benefit of approving the Proposed Development under the currently proposed terms and conditions. The Proposed Development has been proposed as a "temporary use" for this site. The requested term of the temporary use is 15 years. We do not believe 15 years represents an appropriate temporary use period for any commercial property development. Most building components, if not maintained properly, will not even last 15 years. There is a strong potential that the owner will not remain economically motivated to maintain the property over such a long period of time. As items begin to need maintenance or replacement, the owner's motivation to make these ongoing investments will be very limited as they will be faced with the prospects of not being able to recover their additional investment over the project's remaining life. We believe 3-5 years is a more traditional temporary use period for a commercial real estate project, without the ability to extend. 3) The Proposed Development may not be con verrible to the proposed permanent use as currentl- designed without unrealistic modifications; therefore, making the temporary mature of the proposal highlr questionable. We have reviewed the current plan in terms of the owners' ability to convert the interim facility to a permanent improvement that conforms to the current zoning. We believe that the ability of the owner to convert this facilit} to another use is highly questionable. We believe a promise to do so in the future should at least be accompanied by detailed architectural and engineering plans as well as a sizable bond or letter of credit to insure the ability and willingness of the owner to convert the property as promised. 10 4) There are serious engineering concerns with the Proposed Development that could adversely impact 117SPAR6's adjacent land. WISPARK has retained Sathre-Bergquist, a Twin Cities based engineering firm who has surveyed all of WISPARK's property in Eagan, to review the utility plans for the Proposed Development as they pertain to WISPARK's Proposed Development. Their comments are contained in a letter attached hereto. S) The aesthetics of the Proposed Development are not consistent with the contemplated upgrading of this area. Prior to WISPARK's acquisition of the parcels in this area, we had a number of conversations with City staff concerning the zoning and contemplated improvements for this area. We also commissioned a regulatory analysis of the sites we were acquiring, which addressed land use regarding zoning and permitted uses within this area. The report also researched the creation of this zoning category and what was intended by the City of Eagan to be developed under this zoning. Given the parcel's guiding and zoning, its visibility 8 strategic location (not only in Eagan but also in the overall metropolitan area) and the City's desire to see this area upgraded (as evidenced by the Redevelopment TIF District that was created in the area), we believe that business park use is the most appropriate land use for the subject property. Approval of a 15 -year interim use permit for the Proposed Development may jeopardize or unnecessarily delay the property's ultimate development for a land use compatible with the City's business park vision for the entire area. We are also concerned that the Proposed Development may adversely impact WISPARK's ability to develop the surrounding land in a quality manner. While the above is not an exhaustive analysis of the issues generated by the Proposed Development, we believe they are adequate to convey the level of WISPARK's concern with the use being proposed. We hope that each of these concerns will be thoroughly analyzed and considered by the City. As always, I am available at your convenience to discuss these or any other issues in more detail. Your attention to this matter is appreciated. Sincerely, %V]1 ARK CORDO I01 �iregory S. 9il r, IMM Regional it for /kjr cc: Linda Fisher, Larkin Hoffman, Daly S Lindgren Tom Colbert, City of Eagan Jon Hohenstein, City of Eagan �2O Agenda Information Memo May 5, 1998 Eagan City Council Meeting C. INTERIM USE PERMIT— WAYZATA BAY CENTER COMPANY ACTION TO BE CONSIDERED: To approve/deny an Interim Use Permit converting 10,000 sq. ft. of the existing Cedarvale Shopping Center into classroom space for Independent School District 191's Special Needs program located at 3914 Sibley Memorial Highway. FACTS: • The proposed Interim Use will allow the School District to support up to 50 students, grades 7-12, with emotional/behavior needs at the specially designed facility at Cedarvale. • The 10,000 sq. ft. tenant space was formerly occupied by Snyders Drug Store and is currently vacant. With the exception of physical education activities at Bally's Swim and Fitness, all school -related activities will occur within the leased space and all student transportation to/from the facility will be via school buses/vans. • At its regular meeting on April 28, 1998, the Advisory Planning Commission recommended approval subject to the conditions listed in the minutes. ISSUES: • Although compatibility of this use at this location is difficult to determine, the Planning Commission received assurance there would be a high adult to student ratio and determined that because the facility essentially would be self-contained, this would be a reasonable use at this location. BACKGROUND/ATTACHMENTS: (2) Minutes of the April 28, 1998 APCeetmg, pages � through Z23. Staff Report, pages throughOP . Page 9 Apn128. 1998 ADVISORY PLANNING CO)vMSSION INTERIM USE PERMIT WAYZATA BAY CENTER COMPANY Commission Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the Burnsville - Eagan -Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Highway in the NE'/. of Section 19. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated April 3, 1998. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Greg Larson, a representative of the applicant, advised the APC that the requested ten-year term for the permit was for economic feasibility of the improvements to be made to the site. Sue Grissom, the School District Program Director, stated that the purpose for the use at Cedarvale is to bring District students back from schools outside the District. Ms. Grissom described the proposed school and education operations at the subject site. Ms. Grissom also noted that the recommended Condition No. 2 for school operations be limited to 8:00 a.m. to 3:00 p.m. is problematic in that teacher activities occur after 3:00 p.m., while student activities do cease at 2:30 p.m. Ms. Grissom advised the APC that the applicant is in agreement to Condition No. 2 if amended to state that student hours shall be limited to 8:00 a.m. to 3:00 p.m. Ms. Grissom advised all other conditions are acceptable to the applicant. In response to Member Steininger's inquiry, Ms. Grissom advised that the student's access into the school facilities will be direct outside access and will not be through the shopping area. Chair Heyl closed the public hearing. Member Segal moved, Member Frank seconded, a motion to recommend approval of an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the Burnsville - Eagan -Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Highway in the NE'/. of Section 19, subject to the following conditions: 1. The permit shall be terminated on June 1, 2008. 2. Student hours shall be limited to 8:00 a.m. - 3:00 p.m. 3. The number of students shall be limited to 50. / t2? Page 10 April 28, 1998 ADVISORY PLANNING COIvMSS1ON 4. All students shall be bussed to and from the site. S. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. the interim use permit may be revoked for failure to comply with any condition of the permit following the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. All voted in favor. /�3 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 3, 1998 APPLICANT: Wayzata Bay Center Co. PROPERTY OWNER: Same REQUEST: Interim Use Permit LOCATION: Cedarvale Shopping Center CASE: 19 -IN -01-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Michael Ridley COVPREHENSIVE PLAN: Community Shopping Center (CSC) ZONING: Community Shopping Center (CSC) Wayzata Bay Center Company is requesting approval of an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the $urnsville-Eagan-Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Hwy in the NE '/. of Section 19. RAN I Mei L1108 918); 14 am I VA City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. /9y Planning Report - ISD 191 ILP April 28, 1998 Page 2 City Code Chapter 11, Section 11,40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. MIM"XIIN"I 2116IM3111 The Cedarvale shopping center was the city's first community shopping center. Cedarvale provided a significant retail component in the pre -interstate era of Eagan. Access was provided via Cedar Avenue, Highway 13, and local streets. Construction of the Cedar Avenue freeway and the re -alignment of Highway 13 in this area resulted in a somewhat convoluted access to the center. Combined with changes in retail shopping needs and the addition of more and newer Planning Report — ISD 191 IUP April 28, 1998 Page 3 retail alternatives adjacent to the new interstate freeway, Cedarvale's vitality as a community shopping center began to wane. For about the last decade, Cedarvale has been functioning as more of a destination/service center while Town Centre, Cliff Lake, and the Promenade are primarily serving the city's community shopping retail needs. EXISTING CONDITIONS According to Susan Grissom, Director, Individualized Student Services, ISD 191 currently uses Intermediate District 917 to serve many students with emotional/behavior needs. They are at six different locations, four of which are in other schools outside of the district. They intend to have between 36 and 50 students in grades 7-12 at a specially designed facility at Cedarvale. ISD 191 is proposing to remodel and occupy the 10,000 SF of space recently vacated by Snyders. Attached are narratives from Ms. Grissom and Mr. Gerald Ackerman, Interim Superintendent. The Cedarvale area is currently being considered as a potential Tax Increment Financing (TIF) Redevelopment District. If the Council creates such a district, a redevelopment strategy for the area will be produced. The impact of redevelopment to the Cedarvale Center, if any, is unknown at this time. KN:7,Tra11i hmeawl 4-W All of the property immediately surrounding the Cedarvale shopping center is zoned and guided Community Shopping Center. EVALUATION OF RFOUFST Compatibility with Surrounding Area - The compatibility of this use at this location is difficult to determine. The proposed use is not listed as a permitted or conditional use in the CSC zoning district. The Interim Use Permit process may allow for the introduction of a use in an area where it would not normally be allowed. The compatibility of the proposed use will not likely be known until the use is in operation. Site Plan - The proposed use will have no visible impact on the exterior of the existing building or the site in general. Term - The applicant is requesting a ten year term for this permit. A portion of the City's authority to grant an IUP requires that the date or event that will terminate the use can be identified with certainty. Staff notes that it may be prudent to initially limit the term of this permit to a lesser amount of time. Once the Special Needs program has operated for a year or two, the city would be in a better position to determine the suitability of this use at this location. / %6 Planning Report — ISD 191 lUP April 28, 1998 Page 4 �Iw ki In :�YLaisIYa7�ilb9� The proposed use is not permitted or conditional in the CSC zoning district; however, the use can be allowed via an Interim Use Permit. The term of the permit must be fixed. The applicant is requesting a ten year term. ACTION TO BE CONSIDERED To recommend approval or denial of an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the Burnsville -Eagan -Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Hwy. If approved, the IUP shall be subject to the following conditions: 1. The permit shall terminate on June 1, 2008. 2. School operations shall be limited to 8:OOam — 3:OOpm. 3. The number of students shall be limited to 50. 4. All students shall be bussed to and from the site. 5. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 0AVere11toISO 11l:l• oil IIIt* ■1'1: !' 1 r� ►_ M C EDARVALE 3 e l rauou20 C.Daav 1CYY00� Y w m MMfAMN CLAM IANUN A .hX Inc FJN n CEDARVALE SCHOOL Q mtty m ClA1t l"WN • • A.rA„bbl•v -t � I W .vr l •uY1..++ nAw pw :. . 11••11 f•, •p JM ,Yp .l Nd�il. ri •. i e♦t• cv.. �... i CEDARVALE SCHOOL i '(wP•14: 40. � Y•MA�.MI N1 ".� p •'i i'•1 1 • I,NI. or11oN'q' sin Al BURNSVILLE•EAGAN-SAVAGE INDEPENDENT SCHOOL DISTRICT 191 Individualized Student Services • (612)707-4000 • Fax (612) 707-4002 Ccdar School • 21.30 DiffIcy Road • Eagan, Minnesota 55122 March 16, 1998 Mr Paul Anderson W9rtancn. Clark. Larsen Aichaw.,, Inc 1133 Utica A%c S Minneapolis. MN 55415 Dear Mr Anderson. The follow mg information is being provided to you in response to your inquiry 1 hope it answers your questions regarding the proposed program at C'edarvale The Burnsville -Eagan -Savage School District currently uses Intermediate Dtstnct #917 to sine many students with emotiunal/behavior needs The% are at siN different locations, 3 of which are in other schools located outside of the district We intend to bnng back 36 students from District 0917 and sine up to 64 students at a specially designed faciim at Cedar%aie Characteristics of Students Eventually up to 61 students in grades 7 - 12 would be educated at Cedarvale All students demonstrate the need for small group instruction because of learning difficulties. behaytor difficulties or emotional difficulties. Man% of the older students work half of the day Others are mainstreamed into their respccu%e home school buildings fur a porion of the day Transportation All students wuuld be bussed to Cedary ale Since we bus from allover the district. I anticipate there will be 2 - 1 busses The% would load and unload at the program entrance on the north side of the building Student Hours We anticipate student hours will be from 8 00 - 230 pm Stats We anticipate a teaching statf of 8 in addition to a program director located un -site There will be I U educational assistants A high studenuteacher ratio will be maintained. Program Components. This will be an educational setting Students will be in class learning In addition students will receive assistance with problems the% are rcpcncncing in lite We will assist them through counseling and problem -solving We will provide lifetime fitness opportunities by working with Bally's and one of our physical education teachers I hope this answers most of your questions Please call me at 707.1UUU if you need any additional information. Sincerely. Su,an"```` I G ssom Dir"tur. individualized Student Senices An Equal Opporrunur Fmp(a.r EEBURNSVILLE • EAGAN • SAVAGE INDEPENDENT SCHOOL DISTRICT 191 Administrative Services Center • (612) 707-2001 • Fax (612) 707-2002 100 River Ridge Court • Burnsvillc, Minnesota 55337 Superintendent of Schools March 23, 1998 Tom Hedges, City Manager City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Cedarvale Shopping Cerfer Dear Tom, We are considering the lease of space at Cedarvale Shopping Center to be used for special education classrooms. Initially we would rent 10,000 square feet and accommodate 36.50 students. Ultimately we may want additional space to accommodate an enrollment of 70-80 students. The program would be for students in grades 7.12 who are in need of a more restrictive and intensive education than a traditional school environment can provide. These students need small group instruction because of learning, emotional or behavior difficulties. Many of the students work part of the day or are mainstreamed in their home school for a portion of the day. It is my understanding that in order for the school district to use this space, an interim use permit is required. The leasing agent has applied for the interim use permit and the proposal is to be considered by the Planning Commission in April and by the City Council in early May. This letter is to support the interim application submitted by Cedarvale Shopping Center for school use of a portion of the building. Because considerable build -out will be required, we will need a lease commitment of approximately ten years so that these costs can be amortized We hope that the interim use permit would permit our occupancy for an extended period of time wrth the possibility of some expansion in the future. This is an important issue for us as we are depending on use of the space for Fall 1998. If there is any reason to believe that the proposal is in jeopardy, we would appreciate knowing as soon as possible so that we can make other plans. Tila;-rrks fcr You, ccnsiueration and CCCyarat:0 S er Gerald A. Ackermann Interim Superintendent cc: Sue Grissom li 0 Equal Opporiumm Emplu,rr Agenda Information Memo May 5, 1998 Eagan City Council sleeting D. REZONING — LIBERTY PROPERTY TRUST ACTION TO BE CONSIDERED: To approve/deny a Rezoning from Limited Industrial (I-1) to Business Park (BP) for Lot 3, Block 1, Eagandale Corporate Center. FACTS: The subject parcel is part of the 200 acre Eagandale Corporate Center Subdivision. In April 1997, the City Council rezoned the southerly 80 acres to Business Park. This site is platted as Lot 3, Block 1, Eagandale Corporate Center, and is located in the northerly 120 acres of the site zoned Limited Industrial. The proposed rezoning appears consistent with existing and anticipated land uses. The rezoning will extend existing BP zoning to the entire Yankee Doodle -Lexington Avenue perimeter of the 200 acre site except for Lot 2, Block 1, Eagandale Corporate Center which consists of approximately 400' of frontage along Lexington Avenue and is zoned Limited Industrial. At its regular meeting on April 28, 1998, the Advisory Planning Commission recommended approval of this rezoning. ISSUES: • If approved, staff will initiate a Comprehensive Guide Plan Amendment changing the land use designation on this parcel from Industrial to Business Park. BACKGROUND/ATTACHMENTS: (2) Minutes of the April 28, 1995 APC meeting, pages Z96tlmnag!r Staff Report, pages 1'2'7 through /9Z. /gS Page 11 April 28, 1998 ADVISORY PLANNING CONINOSSION REZONING LIBERTY PROPERTY TRUST Commission Chair Heyl opened the next public hearing of the evening regarding a Rezoning from Limited Industrial to Business Park for a 7.8 acre parcel (Lot 3, Block 1, Eagandale Corporate Center) located on the east side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW'/. of Section 11. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City stasis planning report dated April 20, 1998. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant's representative stated that he welcomes any questions the APC may have. No persons were present for comment and Chair Hey) closed the public hearing. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Rezoning from Limited Industrial to Business Park for a 7.8 acre parcel (Lot 3, Block 1, Eagandale Corporate Center) located on the east side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW'/. of Section 11. All voted in favor. Member Segal was absent from discussion and vote. E -W PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 1998 APPLICANT: Liberty Property Trust PROPERTY Ov1'NER: Lynner Prop., LLC REQUEST: Rezoning [s1:�9 B;ie:ilSt7t�i7cEI:? HEARING DATE: April 28, 1998 PREPARED BY: Michael Ridley LOCATION: Lot 3, Block 1, Eagandale Corporate Center COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (LI) RW M MAID) s Liberty Property Trust is requesting approval of a Rezoning from Limited Industrial to Business Park for a 7.8 acre parcel (Lot 3, Block 1, Eagandale Corporate Center) located on the east side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW %. of Section 11. KIN I;W1]11&V9[s7:4ZIA4VD 9 City Code Chapter 11, Section 11.40, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. X".11140 I/. 11.1 Im; The subject parcel is part of the 200 acre Eagandale Corporate Center subdivision. In April 1997, the Council rezoned the southerly 80 acres to Business Park. The subject site is platted as Lot 3, Block 1, Eagandale Corporate Center and is located in the northerly 120 acres of the site which is zoned Industrial. /8i Planning Repon - Liberry Rezoning April 28, 1998 Page 2 EXISTING CONDITION'S The property is platted but undeveloped. The site contains varying topography and some vegetation primarily in the northwest and along the western boundary of the property. There is a grade change of about 20 feet from southwest to northeast. Although the entire west boundary of the parcel is adjacent to Lexington Avenue, access is provided only to Neil Armstrong Boulevard which makes up the entire south and east boundary of the site. Neil Armstrong Boulevard provides the westerly entrance to the Eagandale Corporate Center industrial park. EVALUATION OF REQUEST According to the applicant, the proposed rezoning will have a positive impact on adjacent property and land values. The BP zone will enable eventual development of the site to accommodate a higher quality business facility than generally achieved under Limited Industrial zoning. Additionally, a BP use will provide a softer transition from the non -industrial uses to the west and will create an opportunity for a higher quality gateway at Neil Armstrong Boulevard and Lexington Avenue into the industrial area to the east. Compatibility with Surrounding Area — Certainly, the rezoning to BP is compatible with surrounding uses in the general vicinity. This rezoning will extend the existing BP zoning to the entire Yankee Doodle/L.exingion Avenue perimeter of the 200 acre site except for the northerly - most portion (approximately 400') along Lexington Avenue. Site Plan — Because a specific development is not being proposed, the applicant has not submitted a site plan; however, the applicant anticipates development sometime this year. Any development will proceed through the building permit process and will have to be consistent with the requirements of the BP Zoning District. Comprehensive Guide Plan — As mentioned previously, the Guide Plan designation for this site is Industrial. If the Council action is favorable to this rezoning request, staff will bring the BP amendment forward for a public hearing and Council action. Staff is still in the process of working with the Metropolitan Council in their review of the amendment to BP for the southerly 80 acres. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. On the basis of the noise policy contours in northern Eagan, the subject property lies within Noise Zone IV. Within this area, commercial office uses would be consistent. The applicant should be aware of an outdoor aircraft noise environment of 60 DNL. While it is not a requirement, the applicant may wish to consider additional sound attenuation of the building if this outdoor noise level would intrude on the activities of a future business. IF 'JFOFX I � Planning Report - Liberty Rezoning April 28, 1998 Palle 3 SUMMARY/CONCLUSION The proposed rezoning appears consistent with existing and anticipated land uses. Future development will proceed through the building permit process and will have to be consistent with the performance standards of the BP Zoning District. This rezoning will extend the existing BP zoning to the entire Yankee Doodle/Lexington Avenue perimeter of the 200 acre site except for Lot 2, Block 1, Eagandale Corporate Center (approximately 400') along Lexington Avenue. R41I1iLa7� To recommend approval or denial of a Rezoning from Limited Industrial to Business Park for Lot 3, Block 1, Eagandale Corporate located on the east -side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW '/. of Section 11. END ■ a 1 Comprehensive Guide Plan Map ~' I IIII I IND CA 01 IND IND CA ~6A_ ' CA IND ^ IND LD' ACA -L, D•IV , .00 O .00 eee F. Development/Developer: Liberty Property Trust Case No.: 11-RZ-03-03-98 Current Guide Plan Designation: IND LIMITED INDUSTRIAL 4VIII-City of Eagan � 2*1opment City o/ Eagan Cemmunhy D*p,nment Agenda Information Memo. May 5, 1998 141.0 MV RIN M:: ►. • ACTION TO BE CONSIDERED: (If the Interim Use Permit for Parking Associates LLC is approved) Receive a petition and authorize the preparation of a Feasibility Report for Project No. 744 (Grand Oak Commerce Center/Park and Ride Ramp — Sanitary Sewer and Water Extension) FACTS: • Parking Associates, LLC is proposing a park and ride facility on property located on the northeast side of T.H. 55, south of Blue Gentian Road in the NW '/. of Section 2. • The developer has petitioned the City for the extension of sanitary sewer and water main to serve this development. • Sanitary sewer is available within the Lawrence Avenue right-of-way approximately 700 feet south of the site. Water main is readily available along the south edge of the site. • If the Interim Use Permit for the Park and Ride Ramp (Parking Associates, LLC) addressed earlier on this agenda is approved, it would be appropriate for the Council to authorize the preparation of a detailed feasibility report to evaluate the proposed scope, cost, financing, and schedule for the construction of the petitioned utility improvements. ATTACHMENTS: • Location map, page / 7 T . • Site map, page .11-..,;--. /9on C �040 [NIS] I I kyj :1 • .r. �-- - � - / • _'may ; / f ------ Ht ti / t u• lit , i• , 1t I itlilt i Iq91 �\) Its ' � I i RAMPU ►�4Yi3�Yl t ASSOCIATES. MC ' 6SAYO OAK COYY[SC[ C[YT[II .j • rYL,l�a� T, sr4,r+� '.nL11T ►W+ li ... wr .r1229 Ik /9S MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 5,1998 A regular meeting of the Eagan City` Council was held on Tuesday, May 5,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were MAyor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Ad t-4 Planner Mike Ridley, Director of Public Works Tom Colbert, and City A=y on: -- AGENDA City Administrator Hedges suggested that the Administrative Agenda be discussed following Department Head Business. He mentioned that the presentation of a 55,000 check from West Group to the Eagan Fire Department would be mad.e. under Department Head Business also. Councilmember Awada moved....,Q-punciLrr&tdber Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE A-Fj1IL21,-J99&.REQULAR MEETING Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 21,1998 SPECIAL MEETING Councilmember Awada moved, minutes as presented. Aye: 5 Nay: 0 TO Mayor Egan mentioned that Brandon Ma participating in a "shadowing" program and was Council. seconded a motion to approve the From Dakota Hills Middle School, is audience to observe the Mayor and DEPARTMENT HEAD BUSINESS City Administrator Hedges stated thot.Fire Chief Jensen was present to acknowledge a 55,000 donation from West Group to be used tow"" :-purc ... W4:the first of five CairnsIRIS Thermal .............. . .. .... ....... ... Imaging Systems. He noted that the doing a series of fundraisers to help in the purchase of these systems. Chief Jenserir:lRinked &zommuruty and businesses for their support in the fundraising efforts. Councilmember N42bili inquir.e.44f a discount is given if more than one system is purchased at a time. Jensen explained tii, the Cit y..:df Eagan will attempt to purchase their system in h :j5d .Krill of Iowa. Mayor Egan thanked West conjunction with a couple of other i ............. ......... Group for their generosity. Jensen added that the Lioii SCidl5contributed $5,000 and Gopher Smelting contributed $3,000 toward this purchase. City Administrator Hedges said that the Council would need to adopt the necessary resolutions acknowledging the donations received to date-f0k.-Iftc:1Y.urchase of a CairnsIRIS system. Councilmember Blomquist commented that a letter should*:'50`t:6ii e City Council thanking West Group for their donation. Councilmember Wachter movdd:-:CounciLmember M89in seconded a motion to direct preparation of a resolution accepting donations Tec6j*kd.tq Oate fcq-;t-.Wi!�IRI5 Thermal Imaging System, including a 55,000 donation from West Group. Ll EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1999 PAGE AL7MI.N1STRATIV E AGENDA HIGHWAY 55.REDEVELOPMENrT DISTRICT AIRLINER AND' j'1#13 1tfQI F $.OESTOS ANALYSIS City Administrator Hedges stated;#hat the City has been asked by the potential buyer of the Airliner and Spruce Motels, Wispark Cq"ration, to assume the costs of demolishing the buildings. He added that the Economic Development Commission is recommending an asbestos analysis to define the total costs of demolition. He further added that the City received two quotations, the lowest of which was Provided by Nova Environmental Services. Councilmember Blomquist inquired about the background of Nova. Assistant to the City Administrator Hohenstein said that Nova is recognized by the state as a qualified company to conduct this typeuf[esting..... Councilmember Awada moved . 'p. ilmtiitber Masin seconded a motion to approve an agreement with Nova Environmental S6M- ces to pktE irorm an asbestos survey of the Airliner and Spruce Motels to determine whether asbestos aj�atentogt:iS:!l?4e65arj: p cior to fire training or demolition activities. Aye: 5 Nay: 0 CONSENT AGENDA In regard to Item H, Proiect 699, authorize the official mappine of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I -35E, Councilmember Blomquist asked about the mapping process and wherc•if;'s filat� undertaken. Director of Public Works Colbert explained the process and said that, ttie actiopj3i1}ie'Council to authorize the mapping will get the process started. In regard to Item K, Extend InteriiiiQraWnce - D -II Moratorium, Councilmember Blomquist said she was concerned about extending the moraf6i.'16fij.ip ap; additional two and a half years since nothing has been accomplished since the ordinance was ippYgwed a year ago. Councilmember Awada stated that the reason it has taken longer than one year is because this is a part of the Comprehensive Guide Plan update that has been worked on for the last nine months and will take another six months to complete. Councilmember Blomquist said that this could have been separated from the Guide Plan update and been done individually. Councilmember Masin stated that she is concerned with extending this for another year unless the City is able 1p,.gi¢e the property owners some type of compensation since they cannot use their property and still batt:oFi tai tS ii c:ii•„ Mayor Egan stated that there needs to be a legal obligation for the City to competj59fe'sori2htT�8i d added that he does not want to commit himself XN to reimbursing someone gratuitously siisiif ly becari";the moratorium is extended for a certain period of time. He added that the City has been pang in e4Wntly good faith trying to work toward resolution of land use policy issues which are in the ii i inte7ea#yf the whole community. Councilmember Awada Stated that this action will onlyprevenC#E1C{lquFieil3;tsv iiei;ftom subdividing. Mayor Egan noted that if the property owner has any form of investment -backed'✓ :' '&tations then perhaps compensation may be owed to them. In regard to N, Approve license agreement with Worldcom Network Services Inc. (Park) Access - Fiber Optic Cable Installation), CouriCibeSA}ier•;Wachter noted that this item was being continued indefinitely. In regard to Item V, Approve esi Blishment of scholarship account, Councilmember Wachter asked.where the money will come frost -*7 the scholarships;.:gifts and donations are not received to cover this cost. Director of Parks and I#�ieapon Vraa..gxplauji d that the scholarships will still be provided but the specific program the syt? tais7iiyai; ei i$ aW4rded may reflect a loss in revenue. EAGAN CITY COUNCIL MEETING MI,NU ES; MAY 5,1998 PAGE In regard to Item X, Pawn Shop Licensing and On -Sale Ligudr Lbcenses. Councilmember "'achter stated that the Council had worked hard to keep certain requirements in.these.oreas;gf the City Code and he asked if the reasons for those requirements are no longer practic .. ..3i:35:i1£E :i eefl ft0 a medical certificate for a message therapist and a bond for a tree contractoi3:lii e6ri��"Cif''*—' Cuiiitistrator Hedges said he would check with City Clerk VanOverbeke regarding the pfb{losed changes. In regard to Item U, Project 743, receive oetition, authorize feasibility report (rowerview Rd./Lemay Lake - Sanitary Sewer and Water extension) Councilmember Awada referenced a letter that the Council received requesting that various items be addressed in the review process for this project. A. Personnel Items Item 1. It was recommended to approve tfle hirin$:. Karen Butler as a part-time seasonal concession worker. Item 2. It was recommended to approvd:ihi :S i... ;.. fi�ekiFii3a l offmann, Michael Remington, Brendon O'Rouke, Lisa Hayden and John Hayden as part-time seasonal tennis instructors. Item 3. It was recommended to approve the hiring of Carolyn McGill as a part-time seasonal pre-school program instructor substitute and Cynthia Huonder as a part-time seasonal pre-school program assistant substitute. Item 4. It was recommended to approve the hittlg qf;A »ber all and Daniel Krocheski as seasonal engineering interns. Item 5. It was recommended to approvee.Kif.." .Of;I`k� Pat Ochis as a part-time seasonal recreation leader. Item 6. It was recommended to approve the hiring of Jacob Loesch and LeRoy Rother as seasonal park maintenance workers. Item 7. It was recommended to approve the compensation rates for election judge supervisors of $7.25 per hour, for regular election judges of S6.25.ger•.4our and.for_student election judges of $5.75 per hour. B. Construction/Demolition tra construction/ demolition debris C. Construction/ Demolition trash approve a construction/ demolition LInc. It was recommended to approve a Inc. as presented. It was recommended to Czeck as presented. D. City Auction, set date for May 16, 10:00 a.m. at Eagan Maintenance Facility 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous City Property to be surplus. It was recommended to schedule the Eagan City auction for 10:00 a.m. on Saturday, May 16,1998, at the Eagan Maintenance Facility, 3501 Coachman Foint pnd:.*.V CT+Ne,items, including bicycles, unclaimed property and miscellaneous City property, to be s.,.*'.. .1 etfgitrjefipt dale. E. Authorize application for grant funding - Heine Pond. Ii:ikas recommended to authorize City water resources staff to apply to the A1nDNR'S:onservation PartngY$.grant program to help fund an experimental project on exotic aquatic lY9G4 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5, 1998 PAGE F. Declare MIS computer hardware and software as surplus for donation to Dragnet. It was recommended to declare various MIS co'M''' uter hardware and software items as surplus equipment and authorize the donation of these product5;f6:Dragnet, a non-profit organization that works with people with disabilities. G. Holz Farm cellular tower/revenue. If'was't2ttiriitifetidi d'to-approve the proposed budget for Holz Farm Friends of the Farm and amend the:Parks and Recreation budget for 1998 to reflect these additions. H. Proiect 699, authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of 1-35E. It was recommended to authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I -35E. L Commercial fertilizer applicator licen3e ior TurfiNerations. fertilizer applicator license for Turf Operations as lxYgsented. J. Final Subdivision, Whispering IVoods:Tw 1g�,tb:Addit kRn.-.Id[I Final Subdivision (Whispering )Foods Twl�Vtji`Aitt3ittp'A:..Ii5is on approximately 5.49 acres located on )Nall Street, in the SW 1/4 recommended by the Council with the preliminary subdivision. It was recommended to approve a nc. It was recommended to approve a of 12 single family lots and one outlot ection 31 subject to the conditions K. Extend Interim Ordinance - D -II Moratorium. It was recommended to approve an extension of the Interim Ordinance restricting development of property w•ith.a;.p-Il land use designation for a period not to exceed 18 months. (Councilmember Masin abstaiPet];:aTif;COuncilmember Blomqu st opposed) L. Approve bids, Lexington & Di Contract 98-01, Lexington Diffley It t( -as recommended to approve Bid Packages for M. Project 695, reschedule public hearing (Yankee 'Dooijie _Rea@ - Street & Lighting Improvements). was recommended to reschedule the final assessment 5t , heatidr Project 695 (Yankee Doodle Road - Bridge and Street Widening) from May 5 to May 19,1998. N. Approve license agreement with Worldcom Network Services Inc. (Parkland Access - Fiber Optic Cable Installation). It was recommended to continue this item indefinitely. O. Contract 98-08, receive bids/aware was recommended to receive the bids Improvements), and award the contra $215,708.75 and authorize the Mayor P. Contract 98-09, approve plans/auth't2jg:a'a:fgr:b Improvements). It was recommended to approve the Street and Utility Improvements) and authorize the a a.m. on Friday, May 29,1998. Q. Contract 89-13, authorize arbitration to re6ov2t:C (Cliff Road )Fater Treatment Facility). It}YA­; r@60'_M` arbitration for City Contract 89-13, Cliff;, t d Water It dbd 6i Evergreen Additions - Street Imp.). It (Dormyw•ood and Evergreen Additions - Street Roadways, Inc., for the base bid in the amount of execute all related documents. Contract 98-09 (Valley View Plateau - ent for a bid opening to be held at 10:30 authorize the pursuit of a claim through Facility. R. Contract 94-00, acknowledge comp"on/authorize Cit-9:1naintenance (Pines Edge 15, Addition). It was recommended to acknowledge thG:caut ,.. bAO.,Pf.+Q-4F! "Eii94-00 (Pines Edge 1" Addition - Street & Utilities) and authorize perpetual City hldi iitEnRnce:.....b Gt tcy:t arranty provisions. EAGAN CITY COUNCIL MEETING MINUTES, MAY 5,1998 PAGE S. Contract 95-B, acknowledge completion/authorize City maintenance (Pines Edge 2nd Addition) It was recommended to acknowledge the complGpon of Contract 95-B (Pines Edge 2nd Addition) and authorize perpetual City maintenance subject to waiia:ty provisions. T. Receive petition/ order public hearing', -`e'%"` gj;ieiif S cat; "Mallas 2nd Add) It Has recommended to receive the petition to vacate drainage and'iitffity easev6enYs 'ilt?Q schedule a public hearing to be held on June 2, 1998 U. Proiect 743, receive petition, authorize feasibility report (Towerview Rd /Lemav Lake - Sanitary Sewer and Water extension). It was recommended to receive a petition and authorize the preparation of a feasibility report for Project No. 743 (fowerview• Road/Lemay Lake - Sanitary Sewer and Water extension). V. Approve establishment of scholarship:account. 4vas recommended to approve the creation of a "Scholarship Account" and process to rece3i'e gifts''/.donations to be used for recreation program registrations. W. Consider amendment to develoomeiif' Q6eebce'rit( aide i�od Ponds 2nd Add - Contract 96 -BB) It was recommended to approve the request for amendment to the Development Agreement (Gardenwood Ponds 2nd Addition). ON and On -Sale Liquor Licenses. It was office to prepare ordinances making tree contractors licenses, pawn shop, Y. Approve application to the Department'ofN!ati was recommended to approve the submission of a by the Park and Recreation Department, Forestry I set of aerial photos of the City. ;e staff to work with the City Attorney's in the areas of massage therapist licenses, or licenses. or a Conservation Partners Grant. It to the Department of Natural Resources purpose of developing a new digitized Z. Final Subdivision, 6.53 acres consisting of two lots for a restaurant and a 151 -unit senior housing facility, Marice Addition - DPDC Inc. It was recommended to approve a final subdivision, Marice Addition, consisting of two lots on 6.53 acres.eastnf Pilot Knoh:Road and south of Marice Drive (formerly the site of the Eagan Athletic Club), locatedyjiS�'.?iiigt:iibn 10. Councilmember Awada moved 'Councihn8&r Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 3'T3#k��:H�AR�f�r6 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hefttuig:tti....... 2C wishing to speak. There being no one, he turned the discussion back to the Counca:*:'-.: 'Councilmember Awada moved;'Councilmember Walder seconded a motion to close the public hearing and approve certification of deW.xggentutility.asCxWtlt;io Dakota County for collection with property taxes. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 6 VACATE A PORTION OF MEAD01VV1EW ROAD, WEST OF ALEXANDER ROAD AND EAST OF THE -:CANADIAN PACIFIC RAILROAD City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public Iteating to anyone wishing to speak. There being no one, he turned the discussion back to the Council?i: Councilmember Blomquist moved, Councilmember Masin seconded a motion to close the public hearing and approve the vacation of a portion of MeadoNview• Road west of Alexander Road and east of the Canadian Pacific Railroad and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 7178, CO1UNTRY1iOME$:J-.JtIGHTS - STREET IMPROVEMENTS City Administrator Hedges proyicWdan oxerviey;:on.tf! item. Director of Public Works Colbert introduced City Engineer Russ Matthys ir}iQd33.Cii5seB:tliEf ails of the project. Mayor Egan stated that he no longer has a financial interest in this project and asked the City Attorney for his confirmation of that fact. City Attorney Sheldon indicated that Mayor Egan no longer has a conflict of interest in regard to this project. Mayor Egan said that since the City received a petition signed by 58% of the affected property owners requesting the, improvements a 3/5's vote of the Council would be needed to approve the project. He then opeved:tii�:-:-:. c hearing to anyone wishing to speak. Curt French, 2811 Villas Lane, gpestigtt 'i51i}' tlie:cost savings of $93,000 was not being passed on to the homeowners in a -reduction to their bsses.$.. t. DtrBctor of Public Works Colbert explained that according to the City's special assessment'p6ff.c3'Ifle:assessable amount was determined to be $10,000 per lot but the appraisal indicated that only $3,000 in be' i rtCeWA:be shown to each property. He added that although there was a reduction in the project cost it did n' :#ddce the benefit to the property owners. Mr. French commented that a lot of dust is created by the gravei roads and there is a cost to the City to provide dust control. He added that he talked to the Police and Fire Departments and they indicated that there is a longer response time to properties located on gravel roads, especially in winter. He urged the Council to approve the project. David Jones, 2988 Pilot Knob Roa43 ;$auf lir%..q4:%A .pport of the project. Cherie Coffman, 1391 Ranier LkiiB referen6 a summary of questions that were asked at the public informational meetings and requgeted the Council approve the project. Mayor Egan asked for a show df:;WASfS'.o=...... i t' ;; wners who were present in the audience on this project and those who were in support aril opp'oseili' Twent}' three property owners were present, 15 were in support of the project and eight were opposed. George Willmarth, 2930 Burnside Avenue, said that he feels the main concerns are the cost of this project to the City, runoff into ponds and theyhp to.*e aesthetic nature of the neighborhood. He further said he was in favor of keeping the Y4asls:gii{i e1;:;:;;1y Engineer Matthys addressed the runoff issue as it related to both gravel and bituittif+iius surfaces.':::::::::. Diane Larsen, 2857 Vilas Lane,:4Wed that she was opposed to the improvements and said that this area is different from the rest of Eagbil and has Jess tcaff;C;;i EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 7 Al Blaisdell, 2943 Inland Road, said he was in support of the project and felt it would be more costly to do the project in the future. Bud Lutz, 2960 Egan Avenue, questioned the affect of the drainage onto his property if an easement is granted for storm sewer and'$aid:ht:. flooding. He added that if the project is approved he would like to see "'f our-ttaystop-mgKiiistalled at the intersection of Burnside and Egan Avenue in addition to a traffic cou$i both prior to and after the project is complete. He stated that he was opposed to the project. Mayor Egg -stated that the Council will need to look at the need for signage on Egan Avenue. Jennifer Ruby, 2909 Egan Avenue, requested clarification on the impact to a culvert on her property. Director of Public Works Colbert said that the condition of the culvert would be investigated. Kris Marquette, 2976 Burnside 14ue, said:dhe was in support of the project. Candy Maloney, 2970 Egan Avdiftie, stated:(fiat she was opposed to the project. She further stated that if the project is approved she ould:*egvest.fhat.her;property be removed from the assessment roll in lieu of granting the City an easemefi£:Ah '9 lir:gi irttitik-tii easement will affect her property. Councilmember Blomquist asked how many ponding easements the City will need to acquire. Director of Public Works Colbert stated that it will not be necessary to acquire any ponding easements but there will be the need to acquire an easement over the existing storm sewer or abandon the existing line and reconstruct a new storm sewer line. Tom Flanagan, 2945 Egan Avenue, said Iiie sfgferS:the gravel roads and is opposed to the improvement because it will cause mord ff' E t.16 -cut through their neighborhood to reach the industrial park. ' Neil Black, 2825 Vilas Lane, noted that thisl5:tfiC f6vittt:proposal for these improvements that has been before the Council since he has lived in the neigh -i nd said he was in favor of the project and commended the Council for reducing the width of the street. ' Bob Lencowski, 1381 Ranier Lane, said he was in support of the project. Sandy Duff, 1390 Ranier Lane, mentioned that she has•gnly lived on Ranier Lane for six months and already sees problems with ruts and:d i3G:ffdiii the. ;O y fiibads. She said she was in favor of the project which will improve their proper;o:value. Joe Harrison, 2817 Beam Lane, Seid the iatp;gvements will increase traffic and added that he likes the gravel roads. He stated that he belie *ii4 it itasi3legaJ for. the Council to reduce the road size and that the road width should be the full 32feet:N�q; ire inquired about parking on the street near Country Home Park. He stated that he was opposed'fo'ihe project. Director of Public Works Colbert stated that it may be possible to provide a curb cut near the park and staff could work with the Parks Department on this issue to address the potential for off-street parking. Merri Solstad, 2980 Pilot Knob Rpitti said she r+a3 :3vpport of the project and added that her neighbors on 2969 Inland Road asked her to convey their support also. Don Cummings, 2960 Inland ]triad ;@talesi.that;o-wA9:3ii support of the project and lilted the reduced width of the roadway. EAGAN QIY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 8 Bonnie Burns, 2969 Burnside Road, said she Has in support of the improvement and suggested the installation of street lights. Mayor E&af'said that a request for streetlights would need to be brought to the Council by a petition. Larry Poppler, 3030 Poppler Lari; p ipi 28SO4::i DitC3gith drainage into Pond DP15. He asked if a hydrologic analysis of the runoff had'l ee11 co'n3iiYteo'Ott fhiS pond. Director of Public Works Colbert said that an analysis has not been done Adexplained the drainage boundaries that will flow into Pond DP15. Mr. Poppler commented on the lack of absorption, the friction factor and increasing additional floes• area and said the City has proposed that the long-range problem be addressed by the property owners who live around the drainage area. Colbert stated that the City is trying to avoid a project that would result in special assessments to Mr. Poppler and his neighbors per his request. He added that if there is an interest to do something withthe drainage pond on the south side of Lone Oak Road the City can respond with a public improvement:ptoject which would require assessments. He further added that Mr. Popplei s property is one of the few:Qi;the Cit)i"i at has not paid an}' trunk area assessments. Mr. Poppler said that the pond is almost at acapacity:?yow. Colbert stated that the pond needs some type of an outlet and it should be addressed by 4,project on:ifs own merits. Mr. Poppler said it should be paid for by the community and not just the resid2tt1s:31?isbt4nisthe;Pond. Colbert said these issues could addressed as part of a feasibility report ftii a:strAi3tpFlijRCE::::::: Mayor Egan stated that Mr. Poppler's questions were outside of the scope of this project and public hearing and would be better addressed as a separate matter. Councilmember Awada said that if Eagan was never fully developed there would never have been a need for a storm sewer system and this is the next stage. Mr. Poppler added that this problem needs to:be addressed but by the community at large and not just the residents adjacent to the pond.. ,Mi0!.d¢:of Public Works Colbert stated that according to the City's policy when trunk irnFipizl8hf4;are uutalled in a drainage district all properties within that drainage district are typicaB :,yyses3itil for t1t03e trunk improvements. He added that this is one of the few areas in the City that has noi.hgd:a; trmilciiiiprovement yet. Councilmember Wachter directed the Engineering Department to coiid'a'CtdSii?'6y;ol:this area and then hold a public hearing on the matter. Mr. Poppler said he was concerned about fairness with regard to this water problem. Councilmember Wachter stated that the City has always tried to do things fairly. Mayor Egan added that Mr. Popplei s concerns were not directly related to this public hearing. Mr. Poppler continued to express his concerns. Councilmember Wachter declared the discussion out of order. Further discussion occurred and Mayor Egan also declared the hearing oxt:p.f.grder.;::. There being no one else wishing tipspeak, i..A.Yor Egan turned the discussion back to the Council. Councilmember Wachter asked how milli) areas iri iiie City still require grading of roads. Director of Public Works Colbert identified the reniaiYting area*: hat are graded. Mayor Egan said that Country Home Heights is the last major subdivity'pjj,{ry;fhe.Clty'..th4slill has gravel roads. Councilmember Awada added that since the cost to the City hay:pQg c �+tj;i�i30q:1S jkEsupport of the project. Councilmember Masin stated that she is in support of the project because the safety and erosion problems are significant. She further stated that if the project is delayed the cost will continue to increase. Councilmember Blomquist stated that the Council is split on how they feel about the City's assessment policy and said she is not in agreement with it. She further stated that generally property owners are assessed 75% for the residential equivalent and 25% is paid for by.:thttifj::S31e.noted that with regard to this project 38% is being assessed to the residents with 62%....'.'.'.:.g &� d'f iE: y dit City. She added that she feels this neighborhood needs improved streets bt#:fairther added tfia#.there are some things that need to be worked out with the assessment policy procedure and said 35'long as there is a block on the Council it probably will not happen soon but H ilF#iappen some day. Mayor Egan clarified that the 7b§6#96 fig3S hi13�;ff jPPlied when a street is reconstructed but not in the case of a new construction project.'C' cilmember Awada stated that the City can only assess up EAGAN CITY COUNCIL MEETING MINUTES; MAY 5, 1998 PAGE to the maximum amount allowed that the property increases in value according to the street assessment policy. Councilmember Blomquist stated. that appraisals, which have been done on the homes in this area are not available to the property oxmers $CCkie:8itbtlC:Ai#yiue and she advised all of the property owners not to sue because they are getting a'veiy' gdtid'deali' "` Councilmember Masin moved, Cti.Rncilmember AHada seconded a motion to close the public hearing and approve Project 7178 (Country Home Heights - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 736, GRAND OAK BUSINESS PARK AUAR ENVIRONMENMAL. REVIEW AND INTERNAL TRAFFIC STUDY Cit}' Administrator Hedges proaiifed an oi,i' iew on this item. Director of Public Works Colbert gave a staff report. Marie Cote, represerifiijg SRF (4... ulting Group, discussed the details of the project. Mayor Egan opened the public hearing taap} orxex ishin _f4;5peak. Greg Miller, representing Wispark, commented that they are in favor of this project. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He asked if special benefit can be established to justify the cost being assessed. He also asked why the John Allen property is not being included. Director of Public Works Colbert stated:jh6l developed and there is no need for an}' etivicktriieii of the remaining parcels would likely triggeT.the no commented that completing these studies ix, : eriel constraints will be identified as well as the necessar studies will also be beneficial to prospective buyers. Allen property is already built out and !rnal traffic studies. He clarified that the size Environmental Impact Statement. He )perty owners. He added that any gr;grovements. He further added that these Councilmember Wachter asked about the impact to the people in the residential areas. Director of Public Works Colbert stated that the residential properties are not being incorporated and there will be no assessments levied against them. Councilmember Awada commerl# Q gril ku.4;,sppx:rsgarding the northwest portion of the site that the Council has had in conjunction:W-ii}i e i tiMp.ithensive Guide Plan update. Ms. Cote reiterated that the study will help to determine whet lmprov6&ients are needed and will benefit prospective buyers. Councilmember Wachter moved '. un liii4mber Masin seconded a motion to approve Project 736 (Grand Oak Business Park - AUAkbV.fEptuii$tifAl F{CYieia and Internal Traffic Study) and order the preparation of the respective studies to be performed by*.the firm of SRF Consulting Group, Inc. Aye: 5 Nay: 0 OLD BUSINESS DEFERRAL OF SPECIAL'6E�'�Ef2'XNP. WATER ASSESSMENTS UNTIL TAX PA.Y- LE YEAR 2b08 ;QAPONI ART PARK City Administrator Hedges pray Wed an overview op.#iis item. Dave Kennedy, President of th8;$p f[) i�;�5ii'�£ECt :: Qhe Caponi Art Park, said that the Legislature felt the decision of whether orrtoPto''d'efei`spe�eial'a'ssessment payments was better left to the EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE10 City of Eagan. He said the Capons and the association appreciate the Council's endorsement of this legislation. Councilmember Wachter asked if the foundation, that was recently established, would consider reimbursing the cost of the chain link fetlC4:i{19Edj#eii:� Gail itp;in addition to staff and attorney fees that have been incurred by the City. Mr. Keriii;sdy'sfiitl'ii eivxs:iiii divare of these issues and said their main concern is to make this park a great attr3j�tibn for the City. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five- year period, conveyed to anyone other t}iai Mrs. Caponi, a child of Mr. Capon or a non-profit corporation, all deferred special assessmEtits woulO:.:�e payable with interest at that time. Aye: 4 Nay: 1 (Councilmember Wachter opposed) City Administrator Hedges stated;tlutt.gpproyal sNuld; be subject to an agreement to be worked out between the City Attorney and Mr. WESCOTT HILLS DRIVE, CONSIDER STREET NAME CHANGE AND DELETE MUNICIPAL STATE AID DESIGNATION City Administrator Hedges provided an overview gave a staff report. Mayor Egan suggested that thei.4*c*i :pro come up with a neer name for the street'-:: hector of coordinate with the neighborhood and try^foccOAl2:H compatible to the affected property owners. ' item. Director of Public Works Colbert wners should be given the opportunity to Works Colbert indicated that staff will a schedule and street name that is most Councilmember Blomquist moved, Councilmember Masin seconded a motion to remove Wescott Hills Drive from Municipal State Aid Classification and staff was directed to contact neighbors to consider recommendations for a street name. Aye: 5 Nay: 0 , DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN:Fi ..... A AY C:;FACILITY City Administrator Hedges prdv:ided an 04i jview on this item. City Attorney Sheldon stated tliiituQon,tfiQ:S rbmittal of the petition the Environmental Quality Board (EQB) designated the City as the 99E .Q' f�sSb7e:(aCs rieirtal Unit (RGU) and therefore responsible for making a determination as to whether.th&e is't}ie'need'fd'r'an Environmental Assessment Worksheet (EAW). He explained the difference between mandatory and discretionary completion of an EAW. City Administrator Hedges mentioned that staff received a copy of the petition that was submitted to the EQB and stated that staff review.go:e3Gp item and prepared findings for Council consideration. Director of Parks and RecrditR7,i?944:: a tiE'i±ed the major points listed in the petition and explained staff's response. Larry Christensen, 3696 Denmark•Avenue, commented on the parking and traffic situation at the St. Louis Park aquatic facility. Vraa indicted that ove;f .i? ,!:O king can be considered if the parking on the Municipal Center Campus is not sAcieM::::::::;: EAGAN CITY COUNCIL AfEETING MINUTES; MAY 5,1998 PAGE 11 Jeff Gregory, 1322 Deercliff Lane, commented on the Council's approval of Project 736 (Grand Oak Business Park - AUAR) earlier on the:agenda and asked if the completion of an EAW would improve the attractiveness of the adjacent property .: Rnei s property. He said he understands that an EAW will not be approved this evening and added that he does not necessarily find that to be a bad thing because that will lead to legal questions in the futiltQ:::;:::::;: Councilmember Masin said she would like the Council to request the Advisory Parks Commission do a build out for the City, tl 4would include all the amenities the Council would like the City to have and determine the best sites G all these uses. Councilmember Blomquist stated that she would like the Council to conduct studies to determine the effects of increased traffic and parking. She added that there is no statistical data available regarding this proposal and the potential effects. gbj :said that she believes the City needs a pool and is not opposed to this site if the facility is scaled back mi tike. She g2;estioned the impact of chemicals from the pool on the environment. She said she does not * ht this pFgject to be slowed down, but said that some issues need to be addressed. Councilmember Awada stated thi t'sAe agF 's'SO tie'issUes need to be investigated more fully but added that if an EAW is completed it will sta ffie project for'af least a year. She further stated that the rest of the Council supports addressing the issues in conjunction with the construction of the pool. She added that she was not in support of an EAW that will slow down the project. Councilmember Blomquist commented that she feelsthe City should hire outside consultants to address noise impacts, parking and runoff from chlorinate&:, pills. Councilmember Wachter said that these issues can be addressed at the appropriate tiit'e' :: ;:i:::i'" Councilmember Awada moved; Miylor. Egan sec6hded a motion to adopt findings concluding that an Environmental Assessment for the Eagan Family Aquatic Facility. Aye: 3 Nay: 0 (Councilmember Blomquist and h3asq'iia$stitined) Councilmember Blomquist stated that she was abstaining because the Council has not indicated how the environmental impacts will be addressed. Councilmember Masin concurred. Mayor Egan noted that the pool capacity does not mandate the completion of an EAW. He added that the Council will continue to address the concerns that havg been identified. He stated that the Council retained the services of Barton ASGtiiial:3bont:piiee}gars ago to conduct a study to identify the City's recreational needs. He commente;a-6h the iyybk lisf'tK'af was developed as a result of that study. He said this site has been anticipated a§:Vie locatioii;Apr a use similar to the aquatic facility. CONSIDER DEM41V &,:PiDE'Z£LOPMEyN.T OF PROPOSED N-1 EAGAAh [Y:Q 79ji;,(' (FACILITY City Administrator Hedges provided an overview on this item. Chuck Neuman, Water Technology, Inc., discussed the details of the proposed facility. Hedges commented on the number of e- mails, letters and petitions that were received both in support and in opposition to the proposed facility. Larry Christensen, 3896 Denmark-M....ue;:3 id,;jjat;the petition which was submitted containing 500 signatures does not indicate that the:0.e. toners are dp }t 3gd to a swimming pool but rather they feel the site is undersized. He commented tii lt", me people H hq: igned the petition in opposition to the site were from other areas of Eagan besides;tbe area adjacent to thg•site. He noted that the concerns of some %residents include the cost, size of the f4ft,, noise im .acts.tg4iKe library and the adjacent residents, visual s that should be explored. impacts, traffic and parking. He said tti2tp:aY6:gGtil;at{eii>afiVf EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 12 Mike Lasusa,1348 Chatterton Court, presented a petition containing 300 signatures requesting the Council approve the aquatic facility ort$he Municipal Center Campus with all the proposed features. He added that there is no sense of comm"iii;ty in Eagan and this will offer a central place for kids to go. He commented that noise is generated from a variety of sources such as I -35E, Pilot Knob Road and airplanes. He said that this site was purC 4ia . i:'Mwpt?_yWi 4git and was intended for a similar use. He stated that he started getting signatures for L. periif n"teidiy afternoon. He added that most people thought the aquatic facility was already Approved by the Council. Councilmember Blomquist clarified that she is not opposed to a swimming pi2CrJ as was indicated in a voicemail message left by Mr. Lasusa's wife. Tim Dunn, 3935 Denmark Avenue, stated that he was opposed to the aquatic facility and commented on the noise factor. He said this outdoor facility will only be open 90 days per year and also commented on the large scale of the facfjiEy. Holly Nelson, 3562 Woodland 1, subaijtf2d a petition in support of the project. She cited the benefits of the bike trail access and job oprportuniti2S.for youth. Jennifer Griffith, 1967 Chipmuri;t oiltf idiot i# Shetiid not have a strong position in favor of or in opposition to the pool. She added that she enjoys the wading pool and hopes the Council µ•ill keep the price reasonable so families can afford to use the aquatic facility. Jo Lipinski, 3,460 Golfview Drive, stated that she is a home health care nurse who works at the senior facility in St. Louis Park which is adjacent to an aquatic.facility. She added that she had worked there for some time before realizing there was an aquatic faaty nearby and further added that noise is not a problem. Mayor Egan said that the only 66hcern the Parka:.nd Recreation Director and the Mayor of St. Louis Park had with their aquatic facility ff ht f: irtg.enough staff. Councilmember Aµada stated that the reason t}ie''eoiiSitltants have not conducted noise studies is because no concerns or issues have arisen from the hundreds of other water parks that they have constructed. Brandon Mason, 1379 Easter Lane, said he feels the aquatic facility will have a positive effect for the communih, and further said he feels the,cite is appropriate, He commented on the minimal impact to the library. He added that this site is cerctrii:fa:..... is qh K as designated for a similar use. He further added that noise from the facility will bi i$thgate'd`by.•-.3"dscaping and the lower elevation of the pool. Steve Ballinger, questioned the:sRtvice entrance and what types of trucks would be using it. Mr. Neuman said that the major access wil) :,tJvnu�k thq part "lot and only minimal access will occur to the back of the facility. Councilmember Blomquist asked about the noise from the pumps. Mr. Neuman described the building that will house the pumps and said that when the doors are closed no noise will be heard. Tim Dulac,1255 Deer+rood Drive, aslse 46oCtt;the elimination of the lazy river feature and the possibility of relocating the water slides atfdffiecHxiifc#l8}Qas. Mr. Neuman stated that the lazy river feature was added to provide additionaJ�Capacity. He fuitliFt;stated that after the bids are received the Council will decide whether or not to include this feature. f3eexplained that the water slides were moved further from the residents' homESand clarified why. tey could not be moved further. He stated that in accordance with the populatiortidf.Fjgan ;the.lazq:;ri : s a much better fit for the community. Discussion occurred regarding the pro....... fff; Ok 13 B ij afic facility with and without the lazy river feature. Councilmember Wachter added'ffiaf tlieTazy''rive'r.is'family-oriented and provides more EAGAN CITY COUNCIL MEETING NII.NUTES; MAY 5,1998 PAGE 13 entertainment. He further added that the Council felt adding this feature would make the facility more successful. Councilmember Masin addressed'tti'ncerns that were raised by the public regarding non -Eagan residents coming to use the facility. She ate' id$btff:&tgitir:.mWents currently have to use facilities in other communities and the aquatic facility shodiii:#? DpCt>tti¢YetYA She stated that she is concerned with the process and planning regarding this fAcility. Councilmember Wachter commeh*d on noise he hears at his residence from traffic on 1-35E and added that the interstate has benefited the community of Eagan. He mentioned the opposition the Council had when they approved the trail system and stated that this has been a very successful feature in the City. Mayor Egan mentioned that the(g'gs no se envisioned to serve the greater Eagan cogginunity continue to try and mitigate the concem3i60 the re direction to design a facility to meet the lieeds:of. t commercial facility. He added that it fitiJii:Fi. q v this site. He discussed the history and zoiiiiig of t been considered for this site. if community in the City and said this facility was noted that the Council has indicated they will its. He said that Water Technology, Inc. was given rtire City. He further said this is not designed as a J plan for the City and fits well on that this type of facility has always Councilmember Wachter moved, Councilmember Awada seconded a motion to approve authorization for the completion of the design and development phase of the proposed Eagan Family Aquatic Facility. Aye: 3 Nay: 2 (Councilmembers Blomgtritiand Masin opposed) Councilmember Masin stated that:Sli'eitiai Jofiii&no because the major issues need to be addressed and a timeframe has not Beee established to address them. Councilmember Blomquist said the lazy river feature is too large for this site.She stated,that she is in support of a pool, but said she is also concerned that the issues are not being addressed' :::::::::::::::::::::.:..: NEW AUTHORIZATION, PREPARATION OF CEDARVALE COMMERCIAL AREA TAX INCREMENT FINANCING REDEVELOPMENT PLAN FOR CONSIDERATION OF THE FORMATION OF A TIF DISTRICT City Administrator Hedges proxfd2i?'in ti'vettikw oa t#tis item. Assistant to the City Administrator Hohenstein gave a staff t4ivrt. Councilmember Awada said stiC;?t as in support of this proposal. She asked about the inclusion of the properties on the north side of Tk3t3;:iC3$ tisiitt5ttic¢:lhat the Council may choose to include other areas and added that it is likely t} isl't}ie}iiopertyite:th:iiorth side of TH 13 could qualify for a separate district. He further said the analysis could be extended to include the north side of TH 13. Councilmember Awada suggested doing an analysis of the entire area and later splitting it into two districts. Councilmember Blomquist questioned if any residential area was being included as indicated on the map. Hohenstein clarified what property.;r�.a :, .Ong included. Councilmember Awada moved :::C-�tmcilmetiiWt..::.Wachter seconded a motion to approve authorization for the preparation of a t'e' ,elopment markt ,plan and land use plan to be used for the consideration of the formation of a tax increment financing iegi velopment district. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 14 INTERIM USE PERMIT - PARKING ASSOCIATES, LLC City Administrator Hedges provf;3Fd an overview on this item. Senior Planner Ridley gave a staff report and stated that the City received a petition on Friday requesting that an Environmental Assessment Worksheet be prepared on ":progopsal He:adOed that this petition has not been sent to the Environmental Quality Board yet. He said:.t3te;AlS>x;ditti+iii be completed on the triangle area will respond to the typical issues that an EAYf`: Would address and the mandatory ISP will address traffic and air quality. City Attorney Sheldon said that if the EAW is filed with the EQB it is likely the EQB will deem the City to be the responsible governmental unit to make the determination of whether there is the potential for significant environmental affects. He added that the Council may have made that determination already by authorizing tltG.:AUAR and the traffic study analysis for the triangle area. He stated that the Council could approve the ifpplicatim, subject to completion of the AUAR, ask the applicant to waive the agency action regiment i.M wait for the results of the AUAR or deny the application. Dave Sellergren, representing Pati<fti'g i4ssCiCW1*i$'; LW:'3tated that the), had requested an interim use permit for a I5 -}'ear timeframe, but't1i'e'A i� isoig'i'iiiitlti'g Commission was only recommending the permit be approved for a period of five years. He said they would like to request that eight years be approved which would more feasible from a financing perspective. Councilmember Awada asked if the Council was intending to act on this application this evening or delay action. City Attorney Sheldon stated that Counci-.Na�:ihe option of waiting until the completion of the AUAR before acting on this application..;::.;:::;:>::;::>>''' Dir. Sellergren said that this pr*ei'does not meet the mandatory thresholds for an EAW and said that the Council could condition the appro304:3Tthe:apolication on the completion of the AUAR and receipt of the ISP. Councilmember Wachter statedAhiff:t ie.Council should not consider the application this evening. Dir. Sellergren added that they would pieferspttie determination from the Council regarding the land use request. . • Councilmember Blomquist said she was concerned that the Council has spent a considerable amount of time considering zoning this parcel to Business Park and further said she was not ready to allow an interim use on this site. Mayor Egan stated that the Council is trying to attract Business Park uses because it enhances the quality of a paTpciiTgc zon}pg-Wstfict. He added that the residents in the area have a certain reasonable expectati6:a *5":f6 '' h *:i&iiir'-land will be rezoned to and what the land around them Kill look like. He said thiy iiSterim use..O ies not fit any of the use classifications that Business Park normally entails. Mr. Sellergren stated that the tiiiikkttigj$afc+13&13:tiid#:uill be used meet those required in a BP zoning district and the building will be'desigiie$ dotliatif:ift be converted to an office/warehouse use. Mayor Egan noted that one APC member likened this use to outdoor storage. Mr. Sellergren commented on similar structures in Bloomington and the compatibility with the surrounding uses. He added that a component of this investment is designed to convert the structure to another use. Mayor Egan said that he has several concerns pertaining to what the Gpuncil; is trying to do with this area. Mr. Sellergren stated that the Council could condition their actiofi:. tii6:GRmvlbtion of the AUAR. Council -member Masin said was willing t6':ppiitinue consideration of the application. Mr. Seilergren indicated that the applicant »;as willing to waive. 60 day agency action deadline and agree to a continuance. Councilmember Awoji. added that it wo4R.be in the best interest of the applicant to work with the commercial and resideritiklkiCi • b4?ti2:!V.PWler, representing Wispark, said the}have some concerns with this request. EAGAN CITY COUNCIL MEETING I•IINUfES; MAY 5,1998 PAGE 15 Councilmember Blomquist moved,:Councilmember Wachter seconded a motion to continue consideration of an Interim Use Permit t0 Operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW 1/4 of Section 2 until the AUAR is completed. Aye: 5 Nay: 0 INTERIM USE PERMIT- WAYZATA $•AY CENTER COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Discussion occurred regarding the appropriateness of approving this use in the Cedarvale Shopping Center given the fact that the AKea may be considered for the formation of a Tax Increment Financing District. City Administratorh'Iedges stated that the City has no control over what the property owner wants to do with the Cedarvale S' o'ping Center. Councilmember Awada said that leasing the space to the School District will make thp;propert}'iiiore valuable. Sue Grissom, the School District t?,vailable for questions. Councilmember Masin moved, Councilmember Awada seconded a motion to approve an Interim Use Permit converting 10,000 sq. ft. of the existing Cedarvale Shopping Center into classroom space for Independent School District 191's Special Needs program located at 391.1 Sibley Memorial Highway subject to the following conditions: 1. The permit shall terminate on June.l;::2f1S18;::':'%'' 2. Student hours shall be liiiiite'd'to 8:00 a.tiii - 3:00 p.m. 3. The number of students shell'be' Btititect;fp 50• 4. All students shall be bussed to and from the'siti?. 5. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The Interim Use Permit of such review shall be compliance. The Intern condition of the permit' with all interested yard Aye: 4 Nay: 1 (Councilmember ck, V.4 {t.:ahnual administrative review. The purpose ! d*"F*. etb,nditions of the permit are within oiay be revoked for failure to comply with an}, noncompliance and a hearing by the City Council an opportunity to be heard. Councilmember Wachter stated that he was not opposed to the project but felt that if a TIF district is formed the City may be placed in a difficult position. REZONING..;: ' ERZY OPERTY TRUST City Administrator Hedges pro..P.Nid an overview"oii." item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 16 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Rezoning from Limited Industrial (1-1) to Business Park (BP) for Lot 3, Block 1, Eagandale Corporate Center. Aye: 5 Nay: 0 PROJECT 744, C,RAND OAKS COMMERCE CENTER (PARK ILITIES) Councilmember Awada moved;;Cd'uncdmember Wachter seconded a motion to receive a petition and continue consideration of a feasibilif}: i eport for Project No. 744 (Grand Oak Commerce Center/Park and Ride Ramp - Sanitary Sewer and Water Extension) indefinitely. Aye: 5 Nay: 0 ROUND TABLE Mayor Egan commended City P.t;fprney Sheldon on his re-election to the Dakota Electric Association Board. Councilmember Awada moved;'Cbuncilmii.tilber Masin seconded a motion to schedule a Special City Council meeting for May 26, 1998 at5, f?stt.A3te:;.5t� a}c. 0 City Administrator Hedges mentioned that the Eagan Foundation authorized an essay contest requiring youth to write an essay in response to a question about the community. He asked if the Council would be interested in acknowledging the winners of the contest from each school. Councilmember Blomquist moved, Cou request by the Eagan Foundation for two eighth May 19,199S City Council meeting. Aye: ,5 ,N. a Councilmember Wachter information. Mayor Egan gave a letter from Judith Dutcher to City Administrator Hedges. seconded a motion to include a read essays about the community at the of monopoles and requested further Auditor's Office regarding investments Councilmember Masin reminded the Council of the County of the Future Conference that will be held on May 19. She stated that it takes courage for people to approach the podium and speak to the Council and requested that Councilmembers.da not become O\erzealous in their comments to them. Councilmember Blomquist comfit4tto. ed N* . er she.received from a resident and said she hoped her road suggestion would not 6:&ken serfaa3ly. Councilmember Awada stated:tl23t.4a?rr): i'QJ;.plgt neecls to be aware that he will be treated the same as the other property owners in tI{g itj t t)}.r.. d Shy public improvement project and proposed assessment. "' CHECK REGISTER Councilmember Wachter moved, Magctt:ft .BC4onded a motion to approve the check register dated May 4, 1998 in the amount of51,689;027:? �': Aye:;:Silay: 0 ADJOURNMiRf:. The meeting adjourned at 71:3a;p;;n EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 17 Date City Clerk U you need these minutes in an alternative foriii�ekfeii es�faige �}fkifj ieille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, NIN 55W.; (612) 6814600, (TDD phone: (612) 454-8535). MILK The City of Eagan is committed to the policy f'V l 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, sexual orientation, marital status or status with regard to public assistance. AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 5, 7998 6:30 P.M. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS y B. CONSTRUCTION/DEMOLITION trash hauler license for PGM, Inc. s C CONSTRUCTION/DEMOLITION trash hauler license for Paul Czeck Trucking PG D. CITY AUCTION, set date for May 16, 1000 a.m. at Eagan Maintenance Facility, 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous City property to be surplus E. AUTHORIZE application for grant funding - Heine Pond / F. DECLARE MIS computer hardware and software as surplus for donation to Dragnet G. HOLZ FARM cellular tower revenue/budget ad H. PROJECT 669, autl,orize official mappii:g of Ring Road (Denmark Ave. and Northwood Pkwy.) I. COMMERCIAL fertilizer applicator license fes• Turf Operations FINAL SUBDIVISION, Whispering Woods Twelfth Addition - Hdla, Inc. Pas K. EXTEND Interim Ordinance - D -It Moratorium P3 D L. APPROVE bids, Lexington & Diffiey athletic fields /j3 r M. PROJECT 695, reschedule public hearing (Yankee Doodle Road - Street & Lighting /- Improvements) )D,3a N. APPROVE license agreement with Worldcom Network Services Inc. (Parkland Access - Fiber Optic Cable Installation) 33o CONTRACT 9M8, receive bids/award contract (Donnywood & Evergreen Additions - Street Imp.J [� 34P. CONTRACT 98-09, approve plans/authonze ad for bids (Valley View Plateau - Street and Utility n Improvements) / Q. CONTRACT 89-13, authorize arbitration to recover claim for damages and noncompliance with p contract, (Cliff Road Water Treatment Facility) 30 R. CONTRACT 94-00, acknowledge completion/authonze City maintenance (Pines Edge 1st Addition) 3 S S. CONTRACT 95-B, acknowledge completion/ authorize City maintenance (Pines Edge 2nd Addition) P 3 9 T. RECEIVE petition/order public hearing - easement vacation (Dallas 2nd Add.) P y 2 U. PROJECT 743, receive petition, authorize feasibility report (Towerview Rd./Lemay Lake - Sanitary Sewer and Water extension) y:V V. APPROVE establishment of scholarship account CONSIDER amendment to development agreement (Gardenwood Ponds 2nd Add. - Contract 96 -BB) P y 9 X. AUTHORIZE staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of Massage Therapist Licenses, Tree Contractors Licenses, Pawn Shop Licensing and On -Sale Liquor Licenses PSD S APPROVE application to the Department of Natural Resources for a Conservation Partners Grant psi Z FINAL SUBDIVISION, 6.53 acres consisting of two lots fora restaurant and 151 -unit senior housing facility, Mance Addition - DPDC, Inc. VI. 7:00 - PUBLIC HEARINGS (SALMON) PSA. CERTIFICATION of delinquent utilities P6 B VACATE a portion of Meadowview Road, west of Alexandar Road and east of the Canadian Pacific Railroad n 69C. PROJECT 717R, Country Home Heights - Street Improvements PD. PROJECT 736, Grand Oak Business Park - AUAR Emaronmental Review and Internal Traffic (' Study VII. OLD BUSINESS (ORCHID) 1p9.3 A. DEFERRAL of special sewer and water assessments until tax payable year 2003, Capom Art Park �0 B. WESCOTT HILLS DRIVE, consider street name change and delete Municipal State Aid p Designation C. DETERMINATION OF NEED, Environmental Assessment Worksheet, Eagan Family Aquatic / /-�4 Facility D. CONSIDER design & development of proposed Eagan Family Aquatic Facility VIII. NEW BUSINESS (TAN) y -i / 30 A. AUTHORIZATION, preparation of Cedarvale Commercial Area Tax Increment Financing /+ Redevelopment Plan for consideration of the formation of a TIF District P y B. INTERIM USE PERMIT - Parking Associates, LLC, to allow a park and ride facility for a period of up to 15 years and a VARIANCE to allow 46% building coverage rather than 40% as allowed by code, for property located northeast of Highway 55 between Blue Gentian Road and Dodd /} Road in the NW lA of Sechon2 INTERIM USE PERMIT -Wayzata Bay Center Company, to allow a temporary school in a Y Community Shopping Center district, located in the space previously occupied by Snyders in the Cedarvale Shopping Mall on Sibley Memorial Highway in the NE 1/4 of Section 19 STD, REZONING - Liberty Property Trust, of 7.6 acres from 1-1 (Limited Industrial) to BP (Business Park), legally described as Lot 3, Block 1, Eagandale Corporate Center, located on the northeast comer of Lexington Avenue and Neil Armstrong Blvd, in the SW 1,14 of Section 11 q31 PROJECT 744, receive petition, authorize feasibility report (Grand Oaks Commerce Center Park and Ride Ramp - Utilities) IX. LEGISLATIVFANTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Fagan 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 ongin, sex, disability, age, marital status, sexual onentanon, or status with regard to public assistance. Auxiliary aids for persons with disabilities will he provided upon advance notice of at least % hours. If a notice of less than % hours is received, theCity of Eagan will attempt to provide such aid Updated 5/l/98 - 1:10 p.m. ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 5, 1998 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Highway 55 Redevelopment District/Airliner and Spruce Motel Asbestos Analysis DIRECTOR OF PUBLIC WORKS a MEMO city of eaga-r TO: HONORABLE MAYOR R CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 4, 1998 SUBJECT: ADMINISTRATIVE AGENDA/MAY 5 CITY COUNCIL MEETING CITY ATTORNEY Presently, there is no plan for an executive session to consider pending litigation. CITY ADMINISTRATOR Item 1. Highway 55 Redevelopment District/Airliner and Spruce Motel Asbestos Analysis - - The City has received the correspondence on pages *;Q1 through 2_ from WisPark Corporation requesting that the City pay the costs for the demolition of the Airliner and Spruce Motels to facilitate WisPark's purchase of the motel properties from the Kor family. At its meeting of April 27, the Economic Development Commission considered the request and expressed support for the City using Tax Increment Financing funds for this purpose. The Commission recommended that the City complete an asbestos analysis to determine the actual cost of demolition prior to authorizing that activity. The recommendation was planned to be placed on the regular agenda for May 5'", but was removed from the agenda when WisPark indicated that it intended to undertake the asbestos analysis individually. WisPark has since determined that it would like these costs to be treated as part of the overall demolition costs for the site. As such, it has been placed on the Administrative Agenda for consideration at this time. Staff has contacted a number of testing firms to solicit quotations in this regard. Unfortunately, this is one of the busiest seasons for this type of activity. The only firm indicating that it would be available immediately was Braun Intertec. Braun's estimate for both the Airliner and Spruce Motels would range between S5,260 and 55,920. Upon receipt of the test results, additional costs of demolition could be estimated and an action item could be returned to the City Council for consideration of WisPark's general request for demolition assistance. The current demolition estimates for the two facilities range between 570,000 and $100,000. This amount could be reduced as a consequence of the Fire Department's training activities which are scheduled for later this spring. Even if substantial portions of both facilities were reduced as a consequence of the training, the removal of debris and foundation work would be the subject of revised estimates. Enclosed on pages ; a3 through '?;g are copies of the Braun proposals. 00 ACTION TO BE CONSIDERED: To approve or deny an agreement with Braun Intertec to perform an asbestos survey of the Airliner and Spruce Motels to determine whether asbestos abatement is necessary prior to fire training or demolition activities. DIRECTOR OF PUBLIC WORKS There are no items under Director of Public Works. /S/ Thomas L. Hedges City Administrator TLH/vmd aC)6 WISPARK CORPORATION (612) 313-2700 140 Metropolitan Centre. 333 South 7th Street. Minneapolis. MN 55402 Fax: (612) 313.2701 April 8,1998 Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: 2788 HIGHWAY 55 (68,000 SF) — PARCEL 1 2794 HIGHWAY 55, (80,800 SF) — PARCEL 2 EAGAN, MINNESOTA Dear Jon: As you know, WISPARK currently owns 63 acres known as Outlots A & D, Robbins Addition located on Blue Gentian & Dodd Road. We have also agreed to acquire an additional 15 acres known as the Pepsi parcels located immediately to the south & east of Outlot D. Pursuant to our conversation of April 7, 1998, please be advised that we have also reached an agreement with Phil, Ann and Sick Fung Kor to acquire the above -referenced properties that currently contain the Airliner and Spruce Motels. These parcels adjoin the Pepsi parcels to the south and east. Our agreement to acquire these properties is contingent upon "WISPARK's confirmation that the property is located within a Redevelopment TIF District and that the cost to remove the two existing motels are qualified costs for reimbursement to WISPARK." Therefore, this letter is to request the City of Eagan to agree to pay the costs of totally demolishing and removing the existing improvements on the land so that the condition of the land is restored to a vacant condition capable of accommodating our future development plans. Based upon our earlier conversations and information you forwarded to me, my understanding is that funds are available within the Redevelopment TIF District pursuant to following guidelines: "At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the city may be included in the qualifying costs." aai Mr. Jon Hohenstein April 8, 1998 Page 2 Based upon this information, we assume to the extent that it may be permitted under the TIF plan and in addition to the costs we are requesting herein, that we may request assistance in the future to acquire the parcels to the north that are currently owned by the Imre's and the City of Eagan; as well as for assistance in installing roads, utilities and parking for our development. This assistance would help us to finalize our assemblage of land and to create a master planned business park that will significantly enhance this area of Eagan for decades into the future. Please let me know if you have any questions or need any additional information concerning this matter. Your consideration of our request is appreciated. Sincerely, NVISPARK CORPORATION Grego fiMiller, CCICM!/, CPM Regional Director /kjr/ cc: Philip Kor Ann Kor Siok Fung Kor BRAUN' INTERTEC December 19, 1997 Mr. Dale Wegleitner Fire Marshall City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Wegleitner: Re: Proposed Services and Cost Estimates: Asbestos Survey Braun Interte : Corporation 1345 Northland Drive Mendota Heights, Minnesoto 551241141 612-683-8700 Fox: 6838888 Engineers and Scientists Serving the Built and Natural Environments - Proposal No. CMXX-97-P0879 Braun Intertec Corporation (Braun Intenec) is pleased to present this proposal to provide services and cost estimates for an asbestos survey at the Airliner Motel in Eagan, Minnesota. You requested a service outline and cost estimates during our phone conversation on December 11, 1997. This proposal is broken down into three sections. Scope of Services Cost Estimates General Information The contact person for this project is Robert Nordby at (612) 683-8892. Scope of Services The Braun Intenec industrial hygiene staff is proposing to conduct a room -to -room walk- through asbestos survey. The survey of the Airliner Motel in Eagan, Minnesota will be conducted by two trained and experienced industrial hygienist technicians. Our on-site representatives will: Visually examine accessible areas and identify the locations of suspect asbestos - containing building materials (ACBM). Collect representative bulk samples of materials suspected of containing asbestos. Examples of materials to be collected for analysis include, but are not limited to: floor tile, linoleum flooring, wall and ceiling plaster, suspended and acoustical ceiling tile, sheetrock, thermal system insulation, textured ceiling material and fireproofing. Document the various materials' current condition/friability and any visual surface contamination. t✓ City of Eagan Proposal No. CMXX-97-PO879 December 19, 1997 Page 2 Assign a hazard rating based on asbestos content with respect to the material's condition, friability, accessibility, and hazard potential. Estimate quantities for each suspect ACBM. Note: The materials quantified are in areas currently accessible or made accessible during the survey. Investigating inaccessible areas through destructive means will be conducted only with your prior written authorization. Generate a final report documenting the sample locations, analysis results, hazard ratings assigned, and estimated quantities. Cost Estimates s?". •'`Description. Cost,.: Two Industrial Hygienist Technicians (Includes preparation, site and travel times) $1100 Bulk Analysis PLM (Polarized Light Microscopy) - 55 to 75 samples 1210-1650 Report $300 Clerical $150 Expenses $30 Total $2,790 - 3230 General Information Prices quoted in this proposal are not subject to change within a 30 -day period. Terms for payment are due upon receipt of invoice with interest added to unpaid balances in accordance with the attached General Conditions (2/1/96). Rates for technician time, sample analysis and mileage are fixed. All other figures such as number of hours for the survey, number of samples, report time, etc. are estimated. Consequently, our actual cost may be higher or lower depending on the site conditions encountered. The total projected cost will not be exceeded by more than 10 percent without additional authorization. aaIV City of Eagan Proposal No. CMXX-97-P0879 December 19, 1997 Page 3 A survey of this nature requires our on-site representatives to be provided access to all rooms, closets, mechanical rooms, etc. We request that ladders or approved lift devices be provided to access ceilings. Floor plans of the buildings and an overall site plan would be helpful. Where applicable, materials sampled will be wetted with water to minimize the potential release of asbestos fibers. The materials are then placed in airtight containers. Friable materials suspected of containing asbestos and exposed during sampling will be sealed with an encapsulant where feasible. Our representatives will not be responsible for repairing materials damaged during sampling; however, every effort will be made to limit cuts and holes to discreet locations. The Braun Intertec personnel conducting the survey are fully accredited building inspectors, in accordance with EPA regulations. Our microscopy laboratory is fully accredited for polarized light microscopy (PLM) asbestos bulk sample analysis by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP #101234). Quality control information is available upon request. Two original proposals are enclosed. Please sign and return one original authorizing Braun Intertec to proceed with the specified scope of services and retain the other original for your records. We look forward to working with you. If you have questions or if we can be of further assistance, please call me at (612) 683-8892 or Dan Pavek (612) 683-8805. Sincerely, �� 5- PRA1G Daniel Pavek Senior Environmental Specialist rzue�p � lav Robert E. Nordby, CHMM Senior Project Manager/Engineer Attachment. General Conditions (2/1/96) IkM:\cmxx\97\mktg\pOg00\p0879-01.wpd.wpd 7 BRAUN` INTERTEC April 30, 1998 Mr. Greg Miller Wispark Corporation 6600 Center West Parkway, Suite 130 Eden Prairie, MN 55344 Dear Mr. Miller: Re: Proposed Services and Cost Estimates: Asbestos Survey :•21i1:;: p. emun 1nre a eetperotion 6975 Warhingbn Avenue South P.O. Box 39109 Mnneopellr, Minnewm 554394108 612-9A1 S600 Fax: 912.d9dd Engine.. and 5dennrb Smving the 0&1) and Nalyrol Envlronmml0 Proposal No. CMXX-98•PO277 Braun Intertec Corporation (Braun Intertec) is pleased to present this proposal to provide services and cost estimates for an asbestos survey at the Spruce Motel in Eagan, Minnesota. You requested a service outline and cost estimates on April 28, 1998. This proposal is broken down into three sections. Scope of Services Cost Estimates General Information The contact person for this project is Robert Nordby at (612) 683-8892. Scope of Services The Brabn Intartec industrial hygiene staff is proposing to conduct a room -to -room walk-through asbestos survey. The survey of the Spruce Motel in Eagan, Minnesota will be conducted by two trained and experienced industrial hygienist technicians. Our on-site representatives will: Visually examine accessible areas sad identify the locations of suspect asbestos -containing building materials (ACBM). Collect representative bulk samples of materials suspected of containing asbestos. Examples of materials to be collected for analysis include, but are not limited to: floor tile, linoleum flooring, wall and ceiling plaster, suspended and acoustical ceiling tile, sheetrock, thermal system insulation, textured ceiling material and fireproofing. Document the various materials' current condition/frlabllity and any visual surface contamination. Assign a hazard rating based on asbestos content with respect to the material's condition, friabiltry, accessibility, and hazard potential. Keceivei lime Ac•r.3G. I:=i"rM aa6 i•ia'i. I 199:_ 10:1 i=.'I GI?/9":-'?11'. "il`c....,, Estimate quantities for each suspect ACBM. I1o•210� F'. 3 Wispark Corporation Proposal No. CMXX-98-PO277 April 30, 1998 Page 2 Note: The materials quantified are in areas currently accessible or made accessible during the survey. Investigating Inaccessible areas through destructive means will be conducted only whh your prior written authorization. Generate a final report documenting the sample locations, analysis results, hazard ratings assigned, and estimated quutttdea. Cost Estimates : t: it '.ai Two industrial Hygienist Technicians (Includes preparation, site and trail rimer) $1050 Bulk Analysis PLM (Polarized Light Microscopy) - /.f to SS sampler $990-1210 Report $250 Clerical 5150 Expenses $30 Total $2,470.2,690 General Information Prices quoted In this proposal aro not subject to change within a 30 -day period. Tetras for payment are due upon receipt of Invoice with Interest added to unpaid balances in accordance with the attached General Conditions (2/1/96). Rates for technician time, sample analysis and mileage are fixed. All other figures such as number of hours for the survey, number of samples, report time, etc. are estimated. Consequently, our actual cost may be higher or lower depending on the site conditions encountered. The total projected cost will not be exceeded by more than 10 percent without additional authorization. A survey of this• nature requires our on representatives to be provided access to all rooms, closets, mechanical rooms, etc. Upon completion of the project, Braun Intertec will require that the client securo all rooms and areas to the building before leaving the site. We request that ladders or approved lift devices be provided to access ceilings. Floor plana of the buildings and an overall site plan would be helpful. Received Tiwe A:r•39• 3:41PM 1.1 v. I. 19''<: 111:11=.I:f t•I_'!9=Z v. n, P Wlapark Corporation Proposal No. CMXX-98-PO277 April 30, 1998 Page 3 Whece applicable, materials sampled will be wetted with water to minimise the potential release of asbestos fibers. The materials are then placed in airtight containers. Friable materials auspeeted of containing asbestos and exposed during sampling will be sealed with an encepsulant where feasible. Our representatives will not be responsible for repairing materials damaged during sampling; however, every effort will be made to limit cuts and holes to discreet locations. The Braun Intertec personnel conducting the survey are fully accredited building inspectors, in accordance with EPA regulations. Our microscopy laboratory is fully accredited for polarized light microscopy (PLM) asbestos bulk sample analysis by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP #101234). Quality control information Ls available upon request. Two original proposals are enclosed. Please sign and return one original authorizing Braun Intertec to proceed with the specified scope of services and retain the other original for yout records. We look forward to working with you. if you have questions or if we can be of further assistance, please call Dave Doble at (612) 833-4757 or Rob Nordby (612) 833-4771. Sincerely, David J. Doble Environmental Geologist Robert E. Nordby, CH Senior Project Manager/Engineer Attachment: General Conditions (2/1/96) r.�m�u�96lmkta1p0100�yOr7l4I .wpd receives lime A r•3@• d:t1'M C;)C� t Agenda Information Memo. May 5, 1995 Eagan City.Council Meeting CONSENT AGENDA 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 'd placed under Old or New 'Business unless the discussion required is brief. A. PERSONNELITEMS Item. -I. Part4imeSeas6nal Concession Worker ACTION. TO -BE CONSIDERED: Twappro'Ve the.hiring,of Karen Butler as a>part-time seasonal concession worker: Item 2. Part-time. Seasonal Tennis Instructors i ACTION TO BE CONSIDERED: Toiapprove the hiring, of Melinda Hoffmann, Michael Remington, Brendon -O'Rourke, Lisa Hayden and' John Hayden as part=time-seasonal tennis instructors. Item 3. Part-time Seasonal Pre=School,,Staff ACTION TO B&CON'SIDERED: To approve the hiring of Carolyn McGill as a pan -time seasonal pre-school program instructor substitute and Cynthia Huonder as a part-time seasonal pre-school program assistant substitute. Item 4. Seasonal Engineering Interns ACTION TO BE CONSIDERED: To approve the, hiring;of-Amber Hall and Daniel Krocheski as seasonal engineering interns. 1 Item 5. Part-time Seasonal Recreation Leader ACTION TO BE CONSIDERED: j To approve the hiring of'Mary`ParOchis as a part-time seasonal recreation leader. Agenda Information Memo May 5, 1995 Eagan City Council Meeting Item 6. Seasonal Park Maintenance Workers ACTION TO BE CONSIDERED: To approve the hiring of Jacob Loesch and LeRoy Rother as seasonal park maintenance workers. Item 7. Election Judge Compensation Rate ACTION TO BE CONSIDERED: To approve the compensation rates for election judge supervisors of 57.25 per hour, for regular election judges of 56.25 per hour and for student election judges of 55.75 per hour. FACTS: • When adjustments were made for 1995 compensation rates for non -collective bargaining employees, the compensation rates for election judges were not included. • The 1996 rates were S6.50 for supervisors and 55.50 for regular judges. • A survey was conducted of neighboring communities' rates. Apple Valley pays 57.50 for supervisors and 56.75 for regular; Bumsville pays 57.00 for supervisors and 56.50 for regular; and Lakeville pays 56.50 for supervisors and 56.00 for regular. • It is the recommendation of the Finance Director/City Clerk that the Eagan rates be increased as noted above. • The budget for 1995 was adopted using the new rates. 3 Agenda Information Memo May 5, 1995 Eagan City Council Meeting B. CONSTRUCTION/DEAIOLITION DEBRIS HAULER LICENSE PGNI, INC. ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for PGM, Inc. as presented. FACTS: • The City is in receipt of an application from Kurt LaCoe on behalf of PGM, Inc. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. 4 Aeenda Information Memo May 5, 1998 Eagan City Council Meeting C. CONSTRUCTION/DEMOLITION DEBRIS HAULER LICENSE PAUL CZECK TRUCKING ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauling license for Paul Czeck as presented. FACTS: The City is in receipt of an application from Paul Czeck. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo May 5, 1998 Eagan City Council Meeting D. CITY AUCTION, SET DATE FOR MAY 16, 10:00 A.M. AT EAGAN MAINTENANCE FACILITY. 3501 COACHMAN POINT & DECLARE BICYCLES, UNCLAIMED PROPERTY & MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 16, 1998, at the Eagan Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property and miscellaneous City property, to be surplus eligible for sale. FACTS: ♦ Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State lav permits the sale of these items to the highest designation as surplus property. ♦ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: ♦ 1998 auction item list on pages —?-- through �/—. D City of Eagan 1998 Auction Asset # DESCRIPTION Department Metal Shelving Lawrence Ave. Homes Storm doors " Satellite dishes " Satellite dish Stands " Rain gutter diverters " Kitchen cabinets " Ceiling fans " Volkswagen Bug Hood " Coat rack " Kiddie pool " Bowling ball " Boxed ceiling the " Large towable water to " Metal fence sections " Robe wire fencing" Bird bath pedestal " Snow scoop" Miscellaneous planters and flower pots u" Laundry tubs " Dishwasher " Fiberglass spoiler Police Chrome flashlight Police Jean Jacket Police 2 pair black men's socks Police Guess jeans T shirt Police Hair brush Police 6 T-shirts Police Brown belt Police 3 pair jeans Police 2 White T-shirts Police Audiovox AM/FM cassette player Police Chicago Bears sports bag Police CD sampler Police Pioneer DEH P67 CD player Police Meadow Brook water softener model 351 Police Blue Sak Container for water softener Police 5 CD's Police 1 purse Police 1 black bag I Police Checkbook cover Police 2 wallets I Police 21 CD's in black case I Police Black cord Police License plate bracket Police Marantz stereo cassette deck Police Misc. colored shorts Police Black phone cord Police Answedno machine Police Phillips screw driver Police Standard screw driver Police Flash light Police Wire cutter Police JVC AM -FM cassette car stereo Police Coustic crossover Police Rockford -Fes ate car amp Police MTX sub -woofer Police S arkomatic speaker Police 1 pair bazookaspeakers Police Speaker & tube Police 1 pair Sanyo speakers Police 14. speaker Police 2 pair sunglasses Police 5 CD's w/black case Police 13 cassette's w/black case Police Sha AM -FM cassette player Police Rockford AMP Police Sharp color TV Police 1 silver Dodge RAM hub cap Police Blue & tan canvas camera case Police Blue & green Nike gym bag Police 1 speaker box Police Red MTA 250 terminator amp Police Alpine amp Police Audio control Police Pentex camera cases Police Sony XM7 amp Police CD case containing misc. CD's Police 10 CD's Police Ezcide car battery Police 1 pair sunglasses Police Black CD case with 1 CD Police Coin purse Police Car bra for 86-87 Grand AM Police 4 hub caps Police Oversize tennis racquet Police Eagan Wildcats gym bag Police Toyota car stereo Police 4 CD's Police Black wallet Police Cell phone Police Green coin purse Police Black leather pouch Police Black vinyl sports bag Police Black shaving kit Police Size 3 toddler outfit Police Comforter or sleeping bag Police Comforter Police Sony cassette recorder Police Gucci purse Police Radio Head OK computer CD Police Black and red plaid vest Police Quasar TV Police Case logic CD holder Police Power logic amp Police Blue and white cooler Police Canon displayer with built in actuator Police 2 lengths of green garden hose Police Flashlight Police Ra ban sunglasses Police Black eastpack backpack Police Leatherman tool Police Toy cell phone Police Screwdriver/needle nose pliers Police Pioneer detachable CD player Police Sony cassette car stereo Police CD case with 30 CD's Police Yellow and black flashlight Police Roller blades — maxxum Police Delco GM cassette player Police 8 screwdrivers Police 2 extension cords Police 1 Black & Decker hedge trimmer Police JC Penne 12" color TV Police Flashlight w/built in radio Police 2 RadioShack speakers Police 1 S eakercraft speaker Police Igrey carpeted speaker box w/2 Sony speakers Police Jans ort backpack Police Ten Peaks backpack Police Gym bag Police Hacksaw Police Bracket Police Misc. Halloween decorations Police Large oran a plastic pumpkin Police Jean vest and & skirt Police fake Diamond ear ring Police Cross trainer gym bag Police Brown belt Police Iron Police Black boots Police /D Sunglasses Police Black leather men's jacket Police Blue & maroon suitcase Police Dunlop sports bag Police Adolfo travel bag Police Maroon leather briefcase Police Black leather briefcase Police Brown MacGregor leather gym bag Police Size 7 Y2 women's shoes Police Size 7 women's pump shoes Police Panasonic stereos stem Police 2 black & decker 7 %" circular saws Police Kenwood power amp Police Saga Genesis Video Entertainment System Police Super Nintendo "Final Fli hY game cartridge Police Black & Decker cordless drill Police Panasonic floorspeakers Police Pyle Toobz barrel stylespeakers Police Genesis flashlight Police Black checkbook covertwallet Police Black coin purse Police Maroon checkbook cover Police Brown coin purse Police 1978 Robin Yount baseball card Police 1978 Andre Dawson baseball card Police Gucci watch Police 3 Gold rings Police Imitation gold Rolex watch Police 8 watches Police 2 gold chains — costume jewelry Police 63 foreign coins and 1 token Police Running boards to fit full sizepick-up Public Works Garden filler — needs work Public Works Aluminumpick-up topper Public Works 2 — poly box liners — fits full sizepick-up Public Works Bezzechi fertilizers reader — needs work Public Works 12' aluminum fishing boat Public Works Poly cross bed tool box Public Works 1105 Cassette transcriber— Norelco Police Cassette transcriber— Norcom Police 2724 Cassette transcriber— Norelco Police Cassette transcriber— Norelco Police 1911 Cassette transcriber — Norelco Police 1155 Cassette transcriber— Norelco Police 1616 Cassette transcriber— Norelco Police 2773 Cassette transcriber— Norelco Police Cassette transcriber — Norelco Police 2856 Cassette transcriber— Norelco Police Cassette transcriber — Norelco Police /D Artificial Christmas tree Police 2198 Mita 2055 copier Finance 17 Calculator— needs work Finance 3M electronic.typewriter— needs work Administration + 100 bicycles Police Agenda Information Memo May 6, 1998 Eagan City Council Meeting E . AUTHORIZATION TO APPLY FOR GRANT FUNDING-HEINE POND ACTION TO BE CONSIDERED: To authorize city water resources staff to apply to the MnDNR's Conservation Partners grant program to help fund an experimental project on exotic aquatic weed control. FACTS: • The grant project would test the efficacy of using elemental iron to control curlyleaf pondweed in Heine Pond. • The Advisory Parks Commission reviewed the project proposal at its April, 1998 meeting and unanimously voted to pursue funding through the state's Conservation Partners grant program. • The shoreland owners around the lake have been sent information about the project and were invited to attend a public information meeting explaining the project proposal. No comments opposing the project have been received. • The total project cost would be approximately 520,000. The application seeks the maximum grant of $10,000. The City's share of cash contributions would not exceed 54,000, about what has historically been spent on sampling and weed harvesting activities each year for management of the lake. The remainder of project costs would be covered with in-kind services from the City and other project participants. ATTACHMENTS: • Memo and supporting information sent to Advisory Parks Commssion / Q/e S 13-1s, /P22 TO: ADVISORY PARKS COIWMISSION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: PROPOSED TREATMENT OF HEINE POND WITH [RON DATE: APRIL 14, 1998 Background In 1997, the Mn Department of Natural Resources formed a technical advisory committee of researchers and water resources management professionals from across the state to assess the use of iron to provide long-term water quality benefits in lakes. One of the claims examined was the addition of elemental iron to lake systems to control the growth of the exotic curly leaf pondweed. While there was some evidence to suggest effective control, lack of good pre- and post-treatment data under field conditions made a credible determination of efficacy impossible. Curly leaf pondweed has infested numerous lakes since it was first noted in the state in 1906. Once in a lake system, the weed often becomes dominant from ice -off through mid- to late June, frequently growing to the surface. It then dies off, loading the water column with phosphorus as it decomposes which often causes severe bluegreen algal blooms that can severely compromise water quality for much of the remaining portion of the recreational season. City water resources division staff have noted the spread of the weed throughout the City's lakes, and consider it a growing problem with regard to both water quality and lake use impairment. Several control options have been tried by the City and elsewhere, with little success. Description of Proposed Project In cooperation with the MN Department of Natural Resources, City staff are proposing to treat Heine Pond with iron and monitor the effectiveness of the treatment in reducing curly leaf pondweed growth and maintaining good water quality over the long-term. Heine Pond is an excellent treatment candidate because of the work that the City and residents have completed over the last five years to curtail external nutrient loading and the wealth of baseline water quality and aquatic weed data that is available. Staff have scheduled a meeting with riparian residents in late April to discuss the proposal with them. If there is no opposition to the treatment, staff would submit a grant finding proposal to the state on May I to partially fund the treatment and attendant monitoring. City cash costs to contribute toward the project would not exceed S4,000/year , about what has historically been spent on sampling and weed harvesting each year for management of the lake. A "Question and Answer" sheet about the proposed project sent out to all residents with the public information meeting invitation is attached. Water resource staff feel that the risks associated with the experimental treatment are very low and that the potential benefits both to Eagan and the broader lake management community could be substantial. Commission Action Requested Staff are requesting that the Commission review the project proposal and provide guidance on whether to pursue the project. If appropriate, a formal motion that supports proceeding with the project -perhaps pending the outcome of the meeting with the lakeshore owners- would be desirable. Rich Brasch Water Resources Coordinator 13 "Questions and Answers" on Treatment of Lakes With Iron Why is an iron treatment being proposed for Heine Pond? Iron can be effective at decreasing the availability of plant nutrients, especially phosphorus, so that they are no longer available to feed nuisance aquatic plant growth. In addition, there is some evidence that certain forms of iron may be effective at significantly curtailing the growth of the exotic weed curly leaf pondweed which has infested Heine Pond since the early 1990's. This weed dies off in mid -summer, but releases phosphorus when it decomposes which often causes algal blooms in late summer. Based on monitoring conducted by the City over the last seven years, the presence of curly leaf pondweed appears to be the last remaining threat to the maintenance of excellent water quality in Heine Pond over the long term. What would I notice about the lake after an iron treatment? This proposed project would involve a one-time application of gray, sand - sized iron particles over most of the pond. The iron would immediately sink to the bottom of the pond in a very thin layer less than 1/16" thick. Over the succeeding several days after treatment, the iron particles will become incorporated into the sediment on the bottom of the lake. At this point, there will be no visible evidence that the lake has been treated. How would the lake be managed after the iron treatment? Part of the proposed project involves monitoring the effectiveness of the treatment for a period of three years after the application of the iron. In order not to mask the effects of the treatment, mechanical harvesting to remove curly leaf pondweed would not be conducted during the next four summers, including this summer. If the treatment is effective at controlling the growth of curly leaf pondweed, harvesting should be un -necessary during the summers of 1999, 2000, and 2001. If the treatment is not effective at controlling curly leaf pondweed growth, it is likely that the project would be terminated after 1-2 years and normal harvesting operations would resume. /Y What risks are there in using iron to treat Heine Pond? The environmental risks of applying the iron appear low, even lower than the risks associated with the alum treatment conducted last year as part of the project jointly carried out by shoreline residents and the City of Eagan. The application rates which would be used for Heine Pond fall far short of the amounts that would cause a physical impact to fish or other aquatic organisms and the toxicity of the form of the iron that would be used is virtually nil. Finally, iron is among the most common elements in the earth and most lake sediments already contain an abundance of iron. The amount of iron which would be added to Heine Pond is a very small percentage of the total amount already there. How will the environmental risks be minimized? The Minnesota Department of Natural Resources' Fish and Wildlife Division will review, and must approve, the proposed iron treatment. As part of the review and approval process, fisheries and aquatic ecology experts from the Mn.DNR and the MN Pollution Control Agency will evaluate the proposal. Unlike many herbicide treatments, no post-treatment water contact or recreational water use restrictions would be necessary for the proposed treatment. Who would pay for the project and when would the project begin? The City would apply for a grant through the state to help finance the cost of the treatment and monitoring. Only if the grant is awarded would the project proceed. Project expenses not covered by the grant would be covered by the City and other parties. Residents will not be asked to contribute to the project. If the grant is approved, the application of the iron would probably take place in June or July of this year. If you have any questions or would like more information, contact the City of Eagan's Water Resources Coordinator at 6814300. Agenda Information Memo May S, 1998 Eagan City Council Meeting F. DECLARE MIS COMPUTER HARDWARE AND SOFTWARE AS SURPLUS FOR DONATION TO DRAGNET ACTION TO BE CONSIDERED: To declare various MIS computer hardware and software items as surplus equipment and authorize the donation of these products to Dragnet, a non-profit organization that works with people with disabilities. FACTS: • Twenty pieces of computer hardware and thirteen software programs have been determined to be no longer productive for current equipment and City operations. • In previous years, such equipment has been offered for sale at the City auction, with varying levels of success. • Preparing the equipment for auction and dealing with servicing it afterwards is not an effective use of our MIS personnel's time. • Equipment which was not purchased still had to be disposed of. • Other municipalities have been donating excess/obsolete equipment to Dragnet, which takes useable pieces from computers to assemble a workable computer. • Dragnet is a non-profit organization that works with people with disabilities for the purposes of learning and employment. ATTACHMENTS: • A memo from MIS Coordinator Peterson listing the equipment is attached on pages _L7 through /,. 14 TO: FROM: DATE: SUBJECT: city of eagan Tom Hedges, City Administrator Kristi Peterson, MIS Coordinator;` April 23,1998 Declare Salvage Product MEMO The MIS Department is requesting to declare the follow product as salvage and would like to donate these products to a non-profit organization, called Dragnet. They recycle computer hardware and software. Dragnet is a non-profit organization that works with people with disabilities. They take PC's to rebuild and repair them for the purpose of learning and employment. This organization has been utilized and recommended by other metropolitan cities. In the past we have put our computers in the city auction. We have had to service several computers after the auction even though we sold them as is. This is not cost productive for the city. Our costs are between $15 and S20 per piece (i.e. cpu, monitor, keyboard, mouse, etc.) to recycle. This exceeds the $50 average price we receive at auction for all pieces mentioned above. I think donating the equipment is a better solution and use of products that are no longer productive for city operations. If you agree with this approach, would you please have the City Council declare the equipment surplus and authorize the donation. The total dollar value is approximately $1,000. HARDWARE: Asset # Description #3033 HP Vectra ES 12/286, 40 mb hard drive, 640 K RAM, 5 '/. and 3 % floppy drives, HP Graphic color monitor 900980 HP Vectra 8086, 20 mb hard drive, 640 k RANO, 5 % and 3 '/2 floppy drives, monochrome monitor 4-3058,#3059 2 - HP Vectra QS/16S 286/386, 80 mb hard drive, 640 K RAM, 5 '/. and 3 '/7 floppy drives, HP Graphics color monitor 91616,#3720 2 — HP Vectra 386/25, 80 mb hard drive, 1-2 MB RAM, 5 '/4 and 3 '/2 floppy drives, Color monitors 93702 HP Vectra 386/25, 80 mb hard drive, 1-2 MB RAM, 5 ''A and 3 '/2 floppy drives #3726 HP Video Graphics Color Monitor #3679 Reason Technology 386, 80 mb hard drive, 1 mb RAM, 5 '/. and 3 %2 floppy drives, HP Video Graphics Color Monitor #3503 HP Vectra QS/20 286, 80 mb hard drive, 640 K RAM, 5 '/. and 3 '/ floppy drives, HP Color Graphics Monitor #3663 HP Vectra 386/25, 80 mb hard drive, 1 mb RAM. 5 ''A and 3 '/2 floppy drives, HP Color Graphics Monitor #3049 HP Vectra ES/12, 40 mb hard drive, 640K RAM, 5 ''A and 3 %2 floppy drives #3664 Color Monitor #3828 #3791 #3878 #3790 #3799 #3614,0090 SOFTWARE: 2 1 1 1 1 1 1 1 1 1 2 Compaq Disk Pro 386N, 200 mb hard drive, 4 mb RAM; 3 % floppy drive Compaq 411 C Monochrome monitor HP Vectra 486/25M, 200 mb hard drive, 4-8 mb RAM, 3 '/2 and 5 ''A floppy drives, HP Color Monitor HP Vectra 486/33N, 200 mb hard drive, I mb RAM, 3 %2 floppy drive. HP Color Monitor 2 - Hayes 2400 Baud Modems Dbase III Lotus 2.4 dos Microsoft 3.1 Windows with mouse software MS Dos 5.0 Lotus 2.01 Microsoft Excel for Win95 Lotus 1-2-3 Release 5 Harvard Graphics 2.12 Harvard Graphics Manual Manual 1-2-3 for Win95 WordPerfect 5.1 Manuals 0 Agenda Information Memo May 5,1998 City Council Meeting G. HOLZ FARM cellular tower revenuelbudget FOR COUNCIL ACTION: To approve the proposed budget for Holz Farm Friends of the Farm and amend the Parks and Recreation budget or 1998 to reflect these additions. BACKGROUND: The City Council, at its regular meeting on February 3, 1998, approved the allocation of revenue from one tower site for Holz Farm. The amount available to the Holz Farm budget is $12,640.50. The Council's further direction was that the Friends of the Farm Board prepare a budget proposal for City Council review. That action occurred at the April 15,1998 meeting of the Friends of the Farm. CITY OF EAGAN 1998 HOLZ FARM FRIENDS OF THE FARM PROPOSED BUDGET ADDITIONS Recreational Supplies 51,200 Contractual Instructors 11000 Entertainment 1,500 Building Repairs 8,000 Telephone 600 Heating Oil 340 $12,640 FACTS: • The Recreational Equipment and Supplies provides funds for purchase of supplies for purchase of supplies for Holz Farm special events. Particularly discussed was utilizing a caterer for the Hog Roast to ensure sanitary conditions. • Contractual Instructors include the Minnesota Farmers Union for conducting the Fun on the Farm Day Camp and expands the opportunity to bring in specialists such as Hauth Enterprises to provide animals at special events to teach children about farm animals. • Entertainment includes storytellers, musical groups and bands to add to the festivities at special events. • Building Repairs includes the materials for the barn ramp, materials and labor for the roof returns on the house and repair of shed roofs. • A telephone has been installed at Holz Farm • Experience has shown that an increase in the heating oil allocation is needed. • Testing service is designated for soils testing where farm contaminants might be in soil near sheds. Also, the septic system has not yet been verified for public use. • Funds will be managed by the Recreation Division of the Department of Parks and Recreation CONCERNS: None /9 Agenda Information Memo May 5, 1998 Eagan City Council Meeting 1VMWZ(9J1JX"1 11191 to) 1193 F411 VU Urtai all Iff4i 11 1 1� ► ) r►l: I, kwulic :. ACTION TO BE CONSIDERED: Authorize the Official Mapping of the Northern Segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I -35E. FACTS: • Since 1985, the City has recognized the growing congestion in the I -35E, Yankee Doodle Road and Pilot Knob Road intersections. Maximizing the capacity with physical improvements to the existing roadway system will still not accommodate the ultimate traffic volumes associated with full development in this area. • In 1991, the City Council amended the Transportation Plan Element of the Comprehensive Guide Plan to identify the future ring -road concept that incorporated a new bridge over 35E along the Northwood Parkway alignment. It also identified the need to continue the northerly extension of Denmark Avenue from Northwood Park,,vay to Lone Oak Road providing a parallel frontage road. • With the construction of Northwood Parkway from Denmark Avenue to Lexington Avenue, the road was designed and major utilities were installed at a location consistent with the ring -road master plan. • According to Minnesota Statute 462.359, the City is entitled to designate and reserve land needed for future roadways if they create an "Official Map" which entails a formal survey filed with the Dakota County Recorder. This action preserves the corridor similar to what MnDot did during the planning process of I -35E. This action becomes more important as new development proposals are received and processed by the City. • On April 21, the City Council authorized the official mapping of that part of Northwood Parkway west of 1-35E. This action would allow staff to expand the work effort to include the segment referenced by this item. ATTACHMENTS: • Map, page21— DY of URI �J - O m DR OMARICE r.'n NORWEST Q U lJ V 500 e!5m;2TTT SCALE 7' = 500' .0� ve \y NQRTHWOpO W Li z Q Q � PROMENADE PL. a z w IL— ZZ- 4 ` - �t- I A Q ,6e / w a QQ� NQR�N� YANKEE DOODLEI LEOAD OFFICIAL MAPPING 4/29/98 City of Eagan NORTHWOOD PARKWAY & DENMARK AVENUE C: DNWARKE%TENDED Agenda Information Memo May 5, 1998 Eagan City Council Meeting I. COMMERCIAL FERTILIZER APPLICATOR LICENSE FOR TURF OPERATIONS ACTION TO BE CONSIDERED: To approve a fertilizer applicator license for Turf Operations as presented. FACTS: The City is in receipt of a fertilizer applicator license from Turf Operations out of Eden Prairie, Minnesota. As a part of the City's efforts to limit phosphorus and other dangerous chemicals from the City's environment, City Code requires that persons applying fertilizer on a commercial basis be licensed on at least an annual basis. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Application enclosed without page number. MAW r- Agenda Information Memo May 5, 1998 Eagan City Council Meeting r FINAL SUBDIVISION - WHISPERING WOODS TWELFTH ADDITION ACTION TO BE • To approve a Final Subdivision (Whispering Woods Twelfth Addition) consisting of 12 single family lots and one outlot on approximately 5.49 acres located on Wall Street, in the SW 1/4 of Section 31 subject to the conditions recommended by the Council with the preliminary subdivision. FACTS: • The City Council reviewed and approved the preliminary subdivision for Whispering Woods Twelfth Addition at their regular meeting on April 18, 1995. • Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: (1) • Final plat drawing, page o23 5 EXHIBIT "A" WHISPERING WOODS TWELFTH ADDITION csF.w nrl m N 1 4I.' �Oq IO 91t' wUr �� LOCATION MAP I IFWI/ II ..nL U .R q41 a nn.q iW WluL.q ln•rr»r .ql W➢ WY R.Y Y qnM. Y6♦ .Wu. L4»q. • SWI •.Vs n r+uY I... I OwrYl] MY 10 w1 �.'MYni nr. K IYI q w.41 �r i:raia.�arnnwa .a11. r :L01 LLL YtY III Tin Y F.Min' ME D .Y J N4 ITS r» W..., L SP, 1Ln«I ul rlr. .1 )nYYw. of W f»Y»y YnYrl MIa:Yul U u1 cwl! If ONw «l u.l.'Y YY»YI.. Y ILL I. W. 1. Ip1tN1.0 INOf 0.11 t]}Y ICOI}pY, .l[Npll Y YI ..W« ILII IIIIIN, e.r uwl m u« u Y nrnm ul I4ml I. 1.311JYc INC$ nn.?t4 .nen L'I .0 L Yr•�, Ww W 4Nw Y Y: I.LW,1 I IL'.Y4 In :«««. S'Jn1 «I u» YL:.:« l`. I Y nlvu nnN wll n»J I. YIY W n»wt L {IY .0 WI .» N.. 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S'Jn1 «I u» YL:.:« l`. I Y nlvu nnN wll n»J I. YIY W n»wt L {IY .0 WI .» N.. Yn YnnY n WY IUY Y4 _YI It . n STIFF 01 VKIGT] coJVI O) s.10T. nI f—,.,I. Wn I L MI,Yww .11I. YIN IL _. 4 k" J. W. iuu) IIY4 WYu [wV. mnw. rl Gu:rn 41YY Snvl Y LLM 1:rlrn "MET WL 1 ..... r U LN yYInT.M1.1 n4 1.1 u in 1.0 NOS nUn. .o�1lD.. :Dtm lu /. .r1;1Y1 LY m.tr .n rY.I .I IY /.111 I.n YI I.YnLW Y.I.K I`vl NI .woou Im Wl mYVI IW» 4 M Inul a Cm o III Is —11,'41»'. Y Y^IUIN: u.1 I.r nvW YIL..tI nn .» .Ywrtl a ulrl r. w 1'.- .1111.1111x11 . I»Y.Y a YIIM Y .:.:rW L:UIh i» W 11�I1 fl.l. l » IIL1Y YI•«Ir Y Y YYII. W LW W. » Y.. 6rlr L W'. —L iY Wx4N nwaW LLw1 4 NII STIFF 01 VII.nOTI COOOTI U O.fOT. nl IMtr14 l»rrlv'r uNW.Y w MI«bl1» Mw Y IW � 14 I �. Y _.4 0»Y L OMI.N lJU tvnlY, YYVYY Ilrs ]. ILN u12 ".. Wlw uy. n«r»Y q 4.Yfix Oprr Lnv) I1, 1>w Y YbM)nnVl nYrW_I4Y�.U�.W NI4.W If .Iw.q. gMr.l l W IlY Y4x Wn irrnul Y T»:IY WPM tll»W I...LLI.1W II.11.1 Wn OW"" LW—YI Y x .11— Wq I fmnYL ONw 4xu1 i+npr I I«« 1 W 1«r. l» 1Ir Y IT _I» III Wl tli:b1 .. YY iYl u I]R110I�IIO Ipppy IIItITI 1001F0LrYn 1n1 rW rU» IfCIwY 1.11..» ILL .0 YYNr1 YwU WI_Yl N�.II _. Nw.[Orp LIWn1 unw OloY.1 .alM I Itrnl tn4f1 U.L YY IUVUUI I. M" NN. 11 IY N. Y w C..,"rl4 lrrvlrr fY rn:n aY cull Inbw W.w Gun .nuwu Agenda Information Memo May 5, 1998 Eagan City Council Meeting Ic EXTENSION OF INTERIM ORDINANCE ACTION TO BE CONSIDERED: > To approve or deny an extension of the Interim Ordinance restricting development of property with a D -II land use designation for a period not to exceed 18 months. FACTS: > In Junel997 the City Council adopted an Interim Ordinance that resulted in a moratorium affecting all properties in the City guided for D -II Mixed Residential land use in the City's Comprehensive Guide Plan. The ordinance was enacted to provide time for the City to study the appropriateness of the D -II land use designation. The ordinance restricts development, including processing of development proposals, on all property guided D -II. > During the summer of 1997 City staff inventoried all D -II properties to determine their existing use. Staff also met with many of the property owners to discuss their development plans. > The City is currently in the process of updating its' Comprehensive Guide Plan which will involve review of existing land use designations and determination of their' appropriateness. The Council may consider changing the existing land use designation on some properties to reflect their existing use or to bring them into conformance with the goals and policies of the comprehensive plan and/or the property zoning. > Determination of the appropriateness of the D -II land use category and its designation on specific properties will be completed as part of the Comprehensive Guide Plan update process. It is anticipated that the new Comprehensive Guide Plan will be adopted early next year, after extensive public review by Eagan residents and property owners, surrounding municipalities, school districts, Dakota County, and the Metropolitan Council. ATTACHMENTS: > Resolution, pages t?v through SE\T BY 612 432 3760 5- 1-38 : 12:52 : SUERSON SHELDON— 681 4684:v 2/ 5 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at tate Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 5, 1998, at 6:30 p.m. The following members were present: Egan, Awada, Blomquist, Masin and Wachter; and die following were absent: none. s s s Member introduced the following resolution and moved its adoption: CITY OF EAGAN A RESOLUTION AMENDING THE TERMINATION DATE OF THE INTERIM USE STUDY ORDINANCE NO. 235 2ND SERIES WHEREAS, pursuant to Ordinance No. 235, the City Council established a Subcommittee, consisting to two City Councilmembets, three Advisory Planning Commission Members and appropriate City personnel, to conduct an interim use study for D -II Comprehensive Guide Plan designation. Since the passage of Ordinance No. 235, the Subcommittee has regularly held meetings and studied the issues as directed by City Council. The Subcommittee requires additional time to complete its study and issue a report to the City Council. WHEREAS, it is in the best interest of the City that the ending date of Ordinance No. 235 be extended for 18 months to October 15, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota that Ordinance No. 235 be amended to extend the termination date of May 31, 1998 to October 15, 1999. M 612 432 3760 SENT BY: 5- 1-38 : 12:52 ; SUERSON SHELDON- CITY OF EAGAN Thomas A. Egan, Mayor A'1-1"HST: E. J. VanOverbeke, Clerk 681 4694;# 3/ 5 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Egan, Awada, Blomquist, Masin and Wachter; and the following voted against same: none - WHERE UPON, one. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. d 612 432 3780 SENT 6Y: 5- 1-98 ; 12:52 SBERSO\ SW-LDO\- 681 4693: 3/ 5 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, ADDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS - INTERIM USE STUDY"; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Twelve is hereby established to read as follows: Interim Use Study. A. In July of 1996, the City Council held a workshop concerning lands designated as D-11, according to the City's Comprehensive Guide Land Use Plan. At the City Council's direction, a comprehensive review of policies and locations of D -II land has been under research by City staff. As of June 3, 1997, pursuant to Minnesota Statutes Section 462.355, Subd. 4, the Eagan City Council directed a study to be conducted for the purpose of considering: i. Amendments to the Eagan Comprchensive Guide Land Use Plan for land designated as D-11; and/or it. The possible rezoning of lands currently designated D -ll, under the Land Use Plan. B. This interim ordinance is adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens. C. With respect to property currently designated as D -II in the City's Comprehensive Guide Land Use Plan, commencing on the effective date of this ordinance and cnding 114ay 91, 1998 October 15. 1999, or at such other time as the City Council may determine: i. No building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of cxisting buildings as determined by the City Council. This provision shall not apply to platted lots of record. 6. No requests for rezoning or Comprchensive Guide Plan amendments shall be approved by the Advisory Planning Commission or the City Council. SENT BY: 612 432 3760 5- 1-98 : 12:53 SEVERSO\ SHELDON- 681 4691:: 5/ 5 iii. No conditional use pen -nit or variance shall be approved by the Advisory Planning Commission or the City Council. iv. No portion of the property shall be subdivided or replotted except for the purpose of consolidation of two or more parcels of land into one parcel. Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Tcnalty for Violation"' and Section 12.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinalice shall take effect upon its adoption and publication according to law. A'1'I'EST: CITY OF EAGAN City Council By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: By: Tltotnas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: IN Agenda Information Memo May 5, 1998 City Council Meeting L. -APPROVE bids', Lexington & Diffley athletic -fields FOR COiJNCIL ACTION: To approve Bid',Packages for Contract 98-01. Lexington-Diffley Athletic Fields service buildings. FACTS: • Four bid packages were opened.on April 28 by the Construction Manager and are now being reviewed. • Three packages were of estimate while the fourth -was higher then,estimated. That package is now being reviewed. • A bid tabulation will be presented at the Council.meeting for award. CONCERNS: None ATTACHMENTS: None 30 Agenda Information Memo May 5, 1998 Eagan City Council Meeting IWA :@l .c PWIM113120 116111 Ila *M$A11 1"301101:4 ACTION TO BE CONSIDERED: Reschedule the Final Assessment Hearing for Project 695 (Yankee Doodle Road — Bridge and Street Widening) from May 5 to May 19, 1998. FACTS: • On April 21, the City Council received the final assessment roll for Project 695 and scheduled the public hearing to be held on May 5, 1998. • The May 5' date was a typographical error, as it should have referenced May 19 in order to meet the requirements for notification of affected property owners and publishing in the legal newspaper. • All notices were properly sent and filed with the correct date. However, it is advisable that the City Council take formal action to officially change the date as previously set at the April 21 meeting. 31 Agenda Information Memo May 5, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: Continue indefinitely consideration of a License Agreement with Worldcom Fiber-optic Co. FACTS: • The staff has received a request from the Worldcom Fiber-optic Co. to access and cross City owned property to install a fiber optic cable within one of the Williams Pipeline Co. empty fuel pipelines. The 6 points of access would be within: 1. The Highline Trail corridor just west of Thomas Lake Rd. 2. The linear Park trail through the Ridge Cliff Add. South of Cliff Rd. and East of Johnny Cake Ridge Rd. 3. Patrick Egan Park located immediately Southeast of the Municipal Center 4. Barbara Cury Park located South of Wescott Rd. and West of the Westbury Add. 5. Mueller Farm Park located East of Woodland School 6. Burr Oaks Park located North and West of Rolling Hills Dr. ISSUES: • Upon review of the application by the City Attorney's office, it was recommended that this temporary access permit be handled by a more formal license agreement. During the review process, a potential concern arose regarding possible restrictions to such an installation under the terms of the original easement documents. The easement documents at the County Recorder's office were unreadable. Extra effort is being made to try and locate more legible copies. Unfortunately, this issue has not been resolved to the extent that it can be presented to the City Council for formal action. Staff is recommending that this item be continued indefinitely. 3o2 Agenda Information Memo May 5, 1998 • • :: �: is �• ••� :_ ; :�� • ACTION TO BE CONSIDERED: To receive the bids for Contract 98-08 (Donnywood and Evergreen Additions — Street Improvements), award the contract to Bituminous Roadways, Inc., for the Base Bid in the amount of 5215,708.75 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 2, 1998, the City Council authorized the resurfacing of the streets within Donnywood and Evergreen Additions and directed the preparation of detailed plans and specs. • On April 7, the Council approved these plans and authorized the advertisement for solicitation of competitive bids. At 10:30 a.m. on April 30, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Bituminous Roadways, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid recommendation, pages 3Y and 3S . 23 MEA10 Date: April 30, 1998 To: Honorable Mayor and City Council Members From: Russ Matthys, City Engineer John Gorder, Design/ Development Engineer Subject: Donnywood Addition/ High Site Drive Street Overlay City Project No. 727 Evergreen Park/ Carlson Acres Additions Street Overlay City Project No. 728 City Contract No. 98-07 Bids were opened at 10:30 a.m. on Thursday, April 30, 1998 for the above -referenced project. Out of four bids received, the low bidder for the project was Bituminous Roadways, Inc. A summary of the bids received is as follows: Total Contractor Base Bid 1.) Bituminous Roadways $215,708 2.) Valley Paving $218,009 3.) Vi -Con $227,035 4.) McNamara Contracting $227,792 Donnywood/ High Site Drive The following summarizes the results of the low base bid versus the preliminary feasibility report estimates for the Donnywood Addition/ High Site Drive Street Overlay (City Project No. 727) portion of the contract: Preliminary Low Report Base Bid Deviation Bituminous Street Overlay $70,730 567,975 -3.9% Repair Concrete Curb & Gutter S3I,460 $34,923 +11.0% Stone Sewer Improvements $2,420 N/A N/A Sanitary Sewer Improvements 281 N/A N/A Totals 5104,891 5102,898 -1.9% 3y Based on the bid prices, the estimated assessments for the project versus those identified in the feasibility report would be as follows: Evergreen/ Carlson Acres Additions The following summarizes the results of the low base bid versus the preliminary feasibility report estimates for the Evergreen Park/ Carlson Acres Additions Street Overlay Project (City Project No. 728): Preliminary Low Report Base Bid Deviation Bituminous Street Overlay Est. Assmt Feas. Report Residential Assessment $437/ lot $455/ lot High Density Assmt. Rate $5.85/ F.F. $6.08/ F.F R-3 Property Assmt. Rate $3.90/ F.F. $4.06/ F.F. Evergreen/ Carlson Acres Additions The following summarizes the results of the low base bid versus the preliminary feasibility report estimates for the Evergreen Park/ Carlson Acres Additions Street Overlay Project (City Project No. 728): Preliminary Low Report Base Bid Deviation Bituminous Street Overlay $102,270 $78,351 -23.4% Repair Concrete Curb & Gutter $24,530 $26,470 +7.9% Sanitan• Sewer Improvements $8A15 $7.990 -5.1% Totals $135,215 $112,811 -16.6% Based on the bid prices, the estimated assessment for the residents in Evergreen Park/ Carlson Acres Additions is $480/ lot. This is a reduction of approximately $150 from the estimated assessment outlined in the preliminary report. Favorable bids for this project are likely due to the competitive bidding climate at this time of year. With their favorable bid received, it is recommended to award the contract to the low bidder, Bituminous Roadways, Inc. If the contract is awarded by the Council, the following construction schedule is anticipated: Begin Construction May 26, 1998 Substantial Completion July 17, 1998 35J Agenda Information Memo May 5, 1998 1.4 x a WMAJ I 1111 all go ACTION TO BE CONSIDERED: To approve the plans for Contract 98-09 (Valley View Plateau - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, May 29, 1998. FACTS: • Contract 98-09 provides for the reconstruction of the bituminous streets and improvements to the storm sewer and water main within Valley View Plateau as outlined and discussed in the feasibility report for Project 663. • On April 7, 1998, the City Council held a Public Hearing for Project 663. After hearing presentations and comments from some of the affected property owners within the Valley View Plateau Neighborhood, the council approved the project and authorized the preparation of detail plans and specifications under a contract. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 30 Agenda Information Memo May 5, 1998 Eagan City Council Meeting o3wellia V "fado RTD RX11 a 111 WT47.11 ACTION TO BE CONSIDERED: Authorize the pursuit of a claim through arbitration for City Contract 89-13, Cliff Road Water Treatment Facility. FACTS: • Contract 89-13 provided for the construction of the City's Cliff Road Water Treatment Facility located on the comer of Pilot Knob Road and Cliff Road. The contract was awarded to Penn -co Inc. in June of 1990 and put into service in December of 1991. • Recently, staff has discovered significant problems with some structural components of the plant that are directly related to non-compliance with the detail plans and specifications that were part of the contract. • In order to preserve the City's rights to recover the costs of the required corrective work, it is necessary to pursue a claim for damages through the arbitration process as required under the terms of the contract. • The City Attorney's office has been informed of the issue and is ready to proceed upon City Council authorization. OAK Agenda Information Memo May 5, 1998 REW4101,7416JUT4 WIN ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 94-00 (Pines Edge 1" Addition — Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pines Edge 1" Addition was constructed in the southeast comer of the City of Eagan, east of T.H. 3, south of Red Pine Lane. This development required the installation of sanitary sewer, water main, and storm sewer, and street construction, which were performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. • t ' 1 ' 13 13 10 E110 ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 95-B (Pines Edge 2nd Addition) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pines Edge 2"d Addition consists of four residential lots adjacent to Pines Edge 1" Addition in the southeast corner of the City of Eagan, east of T.H. 3, south of Red Pine Lane. The improvements needed for this development were included with the installation of sanitary sewer, water main, storm sewer, and street constructed with the 1" Addition. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo May 5, 1998 11;14 WWI U 3W 21 01A3 I 31a Itaw' , i 13 111910 ACTION TO BE CONSIDERED: To receive the petition to vacate drainage and utility easements, and schedule a public hearing to be held on June 2, 1998. FACTS: • City staff has received a request from Robert Johnson of Duke Realty to vacate all drainage and utility easements on Lots 1, 2, and 3 of the Dallas Development 2nd Addition. Mr. Johnson is proposing a replat of the property as Silver Bell Commons. • City engineering staff will review the site plan for the redevelopment of the property to evaluate the site for drainage and utility easements necessary to accommodate the proposed improvements. • The purpose for the request to vacate the easements is to enable the redevelopment of the property. ATTACHMENTS: • Location map, page y b • Legal description graphic, page _qL 39 0 6� R�vER E50� P ,,pNN PROPOSED EASEMENT VACATION SECTION 18 city of eagan PUBLIC �O LOCATION MAP WffWORKS DEPARTMENT SL'I= _EL IIHAVE14 MQ PROPOSED EASEMENT VACATION %.•';� `^ EASEMENTS TO BE VACATED lj J i !I raino DESCRIPTION �o 80 N 1 G EXHIBIT �`5 .. . 200 400 GRAPHIC SCALE - FEET JUSTIFICATION: The easements are being vacated in accordance with Dakota County and are to be vacated prior to the platting of SILVER BELL COMMONS. BOLTON & MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1515 EAST NIONWA( 13. BVRNSVILLE. UN 557:7 (61:) BSC -:SC F RYONT UN • SLEEPY EYE WN. IV / . OTHER OrcK1N u - • 4AN.1T0. MN • 41E$, 11 All drainage and utility easments as recorded in the plat of DALLAS DEVELOPMENT 2ND ADDITION, according to the plat thereof on file and of record in the office j of the County Recorder, Dakota County. Minnesota. being recorded in April, 1988. , C .O O �o 80 N 1 G EXHIBIT �`5 .. . 200 400 GRAPHIC SCALE - FEET JUSTIFICATION: The easements are being vacated in accordance with Dakota County and are to be vacated prior to the platting of SILVER BELL COMMONS. BOLTON & MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1515 EAST NIONWA( 13. BVRNSVILLE. UN 557:7 (61:) BSC -:SC F RYONT UN • SLEEPY EYE WN. IV / . OTHER OrcK1N u - • 4AN.1T0. MN • 41E$, 11 Agenda InformationMemo May 5-,1998 Eagan•City Council Meeting LIA ACTION TO BE CONSIDERED: Receive a petition and authorize the,preparation of a Feasibility Report for Project No. 743 ( Towerview, Road/LemayLake — Sanitary Sewer and Water Extension). FACTS: On the east end of Tower -view Road: east of Quarfy Lane, and north:of Moonshine Park thiee-un parcels; are not currently served by City sanitary sewer and water service. • ' All ,three homes have their own private well and'septic system. • On,April 22, 1998, City staff received a petition from two of'the 'three proper,'ty ,owners requesting thevinstallation of sanitary sewer;and water main. • Staff is requesting Council authorization to prepare a detailed feasibility report to evaluate the size, alignment, financing and scheduling of completing'the.permanent utility services. ISSUES:. w One of the three property owners is not currently supportive of the extension of santary,sewer and water. main to service their property. The two southerly properties do not have public street access. Accesskis provided byla ,private ingress/egress, easement. A public drainage. and utility easement will need to be acquired with, the'. extension of public utilities. Due to the low elevations of the homes, the. feasibility .report will evaluate tlIe possible need for a _sanitary lift station, or;pn. ate ejector pumps. I ATTA'CHNIENTS: ` L�� ,.� • Petition/location map/site map, pages � through L. w bo- PETITION FOR CITY USE ONLY Petition # Date Received Presented to Council LOCATION/SUBDIVISION 032-3/ 033-3/ - /o I/We, the undersigned, owners of the real property adjacent to (Street) orwithin Subdivision, hereby petition for: Street Improvements Sanitary Sewer Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) Streetlights Other (Explain) I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. 4. 5. 6. 7. 8. 9. 10. CZE 3W L[ 5 A i c e a 5 r c �..„' P W 1r NIER Q ��A. �=y a V LONE OAK Iai o �St � a 1 W J O I n Cu v (L OwERv RD. �I < YJJURoDA `p0 SITE �G I I OMARICE Q V I, C O IZ V J ;V Z U.S. POST O i I OFFICE x J CORD 1 \ QO .�' CLUB VIEW OR YANKEE DOODLE ROAR 87st > I YANKEE PL. I --'ST. a TOWN I 0. /I l� a G��SRE DR. i n� fy rpm Z MRE DP.. OOLr VIEW pQ city of eagan PUBLIC WORKS DEPARTMENT SECTION 10 LOC)kTION MAP Q 0 a :coo V�U el L: r ILE! Aw 2 LA E HIL S )WERVIEW ROAD ....... ........ I 3 I 2 q. 10 .ANE s ............ . .... .. ....... .... ... ... 2 MOONS WE PAR yo � lvllv 6000 WE 075 a Oy 72 city of eagan PUBLIC PETITIONING PROPERTIES LWWORKS .. DEPARTMENT 010-57 Agenda Information Memo May 5,1998 City Council Meeting V. APPROVE Establishment of Scholarship Account FOR COUNCIL ACTION: To approve the creation of a "Scholarship Account" and process to receive gifts/donations to be used for recreation program registrations. BACKGROUND: The City has long held the position that families and children who are not able to afford program fees for recreation programs may apply for scholarships. Department staff evaluates the hardship of the applicant and either waives the fee in its entirety or makes a partial reduction. The result is that the program receives less revenue. Occasionally the department receives cash donations, which are usually deposited into the general fund without designation, unless specifically given for a particular purpose. The Scholarship Account would now be the depository for undesignated gifts to the Parks and Recreation Department with transfers made to the appropriate program revenue account when a scholarship is awarded. Last year the department provided in excess of $5,000 in scholarships. FACTS: Each year the Recreation Division receives numerous requests for assistance to allow children to participate in recreation programs. The creation of a "Scholarship Account" would act as a repository for gifts and donations wNch would eventually be used to pay the cost of recreation program participation. Families would still go through the same application process and may be requested to pay a portion of any program fee. CONCERNS: None. If there is not sufficient money in the account to cover scholarships, the scholarship will still be provided. The process will require additional efforts by the accounting division to track relatively small amounts of revenue and expenditure transfers. However, the system will help show that some recreation programs do generate greater incomes than may otherwise be shown. ATTACHMENTS: None 1�6 Agenda Information Memo May 5, 1998 WwrY411 14 ACTION TO BE CONSIDERED: To approve the request for amendment to the Development Agreement (Gardenwood Ponds 2nd Addition). FACTS: • D. R. Horton Inc. entered into a Development Agreement with the City of Eagan for the construction of Project 96 -BB (Gardenwood Ponds 2"d Addition). • City staff has received a request from Don Patton, Manager of Land Development, D. R. Horton, Inc. to extend the date for the completion of the bituminous wear course for the 2nd Addition by one year to May 15, 1999. • The purpose of the request for the extension is to enable the construction of more houses within the development prior to the placement of the wear course. The streets within the development are public streets and city staff concurs that it would be in the best interest of the city to extend the completion date by a year. ATTACHMENTS: • Letter From Developer, page . 2 612 454 0460 APR. -23' 981THL-1 16:04 JOE %)I LLER H01ES TEL:612-454-0460 P.001 D. R. HORTON INC., - MINNESOTA 23 April 1998 City of Eagan Attn: Russ Matthys fax: 68 3830 Pilot Knob Road Eagan MN 55122 Washington Dr., Suite 204 Eagan, MN 55122 612 454-4663 ext. 140 Fax 612 454-0460 -4694 Subject: Gardenwood Ponds 20' Streets Project No. 96BB j Gentlemen: Our development agreement called for the wear coarse to be installed by May 15, 1998. Because of the price bracket of the homes in this subdivision, the absorption has been slower than we planned. We:have quite a lot of construction to complete on the lots that front on the streets in the subject development. I We request that a One Year extension be approved in the completion of the wear coarse. We have had a recent spurt of sales, and anticipate the submission a final plat of the lots on the southwest corner of our preliminary plat in the next couple of months, so that we will have an inventory for the Spring of 1999. Call me if you have other con Icerns Sincv"C+w Don Patton Manager of Land y Re. Agenda Information Memo May 5, 1998 Eagan City Council Meeting LICENSES, PAWN SHOP LICENSING AND ON -SALE LIQUOR LICENSES ACTION TO BE CONSIDERED: To authorize staff to work with the City Attorney's office to prepare ordinances making changes to the City Code in the areas of massage therapist licenses, tree contractors licenses, pawn shop licensing and on -sale liquor licenses. FACTS: Staff has identified the following areas in the City Code that are not consistent with today's practice and/or circumstances and is recommending formally changing the Code: The anticipation for a massage therapist license currently includes a requirement fora medical certificate that is not practical and should be eliminated. The application also requires certain photos that provide no helpful information and should be eliminated. The section requiring educational proof contains a typographical error from an earlier change that will be corrected. Finally, the fees are included in the actual ordinance and should instead be referenced to the fee schedule. 2. The Tree Contractors license currently requires a bond that really provides nothing to the process. The requirement should be removed from the Code. The Pawn Shop License should be modified to require the applicants to use the automated pawn system that is a computer arrangement that enhances law enforcement's ability to track merchandise. The system links numerous cities together electronically. It is expected that this change will allow a reduction in the City's annual license fee that will be considered at the time of the fee schedule adoption. 4. The liquor licensing provisions of the Code need to be changed to provide for the increased number of on -sale licenses that are now available. We also would like to clarify the status of Club licenses relative to the limit. Assuming the Council approves this recommendation, specific ordinances will be brought back at a later date for consideration. a Agenda Information -Memo May 5, 1998 Eagan City Council, Meeting "ACTION TO BE CONSIDERED: Toa rove the submission of a ant proposal to the Department of Natural R`esourcesby the PP !� P P P Park and,Recreation Department,'Forestry Division for the purpose of developing a new dieitized set of aerial photos of the City. FACTS: • Aerial photos of the City were .last taken in 1994. • The photos would be used primarily to evaluate vegetative'cover, water quality and land use and would be available to all departments in hard copy and on P.C.'s. • The estimated total cost of the project is S6,000. The maximum grant is 50%.. The;City.would be, responsible: for a 50% match consisting of approximately, ST800 ofcash expenditures,andrS1200 of in-kind labor. Funding would'be shared by departments. • The grant;program is competitive, If awarded Council approval would be requested prior to acceptance, ATTACHMENTS: None L\33b\conservation partner grant S 0 A� 1.{ r a Agenda Information -Memo May 5, 1998 Eagan City Council, Meeting "ACTION TO BE CONSIDERED: Toa rove the submission of a ant proposal to the Department of Natural R`esourcesby the PP !� P P P Park and,Recreation Department,'Forestry Division for the purpose of developing a new dieitized set of aerial photos of the City. FACTS: • Aerial photos of the City were .last taken in 1994. • The photos would be used primarily to evaluate vegetative'cover, water quality and land use and would be available to all departments in hard copy and on P.C.'s. • The estimated total cost of the project is S6,000. The maximum grant is 50%.. The;City.would be, responsible: for a 50% match consisting of approximately, ST800 ofcash expenditures,andrS1200 of in-kind labor. Funding would'be shared by departments. • The grant;program is competitive, If awarded Council approval would be requested prior to acceptance, ATTACHMENTS: None L\33b\conservation partner grant S 0 Agenda Information Memo May 5,1998, Eagan Cita Council Z. FINAL SUBDIVISION (MARICE ADDITION) — DPDC Inc ACTION TO BE CONSIDERED: To approve a Final Subdivision, Marice Addition, consisting of Mo lots on 6.53 acres east of Pilot Knob Road and south of Marice Drive (formerly the site of the Eagan Athletic Club), located in the SW 1/4 of Section 10. FACTS: > On November 18, 1997, the City Council approved the Preliminary Subdivision in conjunction with Conditional Use Permits for development of a class I restaurant (Sidney's) and a senior congregate and assisted living facility (Marice Manor). > All documents are signed and in order for execution at the regular City Council meeting on May 5, 1998. ATTACHMENTS: Final Plat (Marice Addition), page S� S/ EXHIBIT , Wrt MARICE AMMON me aeli % RM AWOMTM a I.wlr P.[I•MI [[a[.r [.fwllf l[ r. r. Agenda Information Memo May 5, 1§98,Eagan`City Council Meeting PUBLIC HEARINGS A. CERTIFICATION OF DELINOUENVU:TILITIES ACTION TO'-BE.CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for' collection with property taxes. FACTS: • The,City currently has approximately 269 utility bill accounts with'delinquent payments. The assessableamount of these accounts; is 545,500.75. These items are in order for certification.to the County. ATTACHMENTS: • .Delinquent account list attached on pages S1-1 through V S3 0 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID 1010140004 101670307007 1030330303 101670106005 1040290703 101670125001 1040450702 101670109001 1041070205 101670308002 1050070003 108460007005 1060110202 103230011000 1060650701 102488021005 1060710901 102488004006 1061120002 102488011003 1070100103 108435101001 1070120904 108435103001 1070280104 108435109002 1080250203 108435018002 1083340803 108427506002 1090020701 108435403001 1090050401 108435406001 1090070201 108435408001 1090510702 108435417003 1090580002 108435406005 1090591702 108435405005 1090650102 108435401004 1091050304 108425020001 1091290506 108425015003 1101060006 108460204004 1101150906 108460204005 1110090602 108460233003 AMT -OPEN ACCOUNT -STATUS 30 -APR -1998 (09:26 ASSESS -AMT ------------------ 72.33 AC 97.33 242.85 AC 267.85 219.49 AC 244.49 273.15 AC 298.15 92.63 AC 117.63 161.41 AC 186.41 .20 AC 25.20 100.72 AC 125.72 214.72 AC 239.72 227.93 AC 252.93 115.96 AC 140.96 122.82 AC 147.82 181.91 AC 206.91 232.42 AC 257.42 107.37 AC 132.37 526.79 AC 551.79 399.92 AC 424.92 207.29 AC 232.29 129.69 AC 154.69 361.75 AC 386.75 81.37 AC 106.37 66.63 AC 91.63 413.09 AC 438.09 127.75 AC 152.75 48.95 AC 73.95 161.80 AC 186.80 140.16 AC 165.16 Sy REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT-OPEN -------------------------------------------- 30-APR-1998 (09:26 ACCOUNT -STATUS ASSESS -AMT -------------------------------- 1110200104 108460226003 48.04 AC 73.04 1110530103 108460232002 55.97 AC 80.97 1110550906 108460230002 150.46 AC 175.46 1111080603 108460232001 131.68 AC 156.68 1111420406 108460203001 107.19 AC 132.19 1112040902 107640010001 81.77 AC 106.77 1112230602 104725226002 71.87 AC 96.87 1120170402 106440006005 344.84 AC 369.84 1140500803 108435518003 108.62 AC 133.62 1150780303 108425201002 146.49 AC 171.49 1162261002 107120007001 133.72 AC 158.72 1162270101 107120003002 234.17 AC 259.17 1170590202 104805007002 166.73 AC 191.73 1171340102 104805010101 236.64 AC 261.64 1172100805 107297518002 231.49 AC 256.49 1174340802 107297702201 132.08 AC 157.08 1174370502 107297703201 177.50 AC 202.50 1181630301 101350017006 255.29 AC 280.29 1190160002 101500312001 139.63 AC 164.63 1190790401 101500017002 158.04 AC 183.04 1191040303 101500010003 219.09 AC 244.09 1200730802 108195016001 217.60 AC 242.60 1200930403 108195005002 161.53 AC 186.53 1210040002 101715033002 28.26 AC 53.26 1210900506 101715204003 146.63 AC 171.63 1212180201 108355001004 193.57 AC 218.57 1213030803 106760005002 182.70 AC 207.70 .55� REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID 1221570305 105210018002 1221790703 105210005001 1222250103 105210010005 1222590004 105210005007 1222800302 105210003006 1226260602 102580101004 1230790601 103980018002 1231130403 103980202006 1231170003 103980202007 1231760803 103980302009 1231910901 103980303013 1242070901 105210107001 1243010402 104507101002 1246200802 104509010002 1251570602 107595117001 1260440103 101660105003 1260830306 101660204001 1260880802 101660209001 1260920205 101660212102 1261050702 101660206102 1261120806 101660202102 1262310401 101740008201 1262480503 101740221102 1262500008 101740223002 1262540602 101740227002 1262560405 101740209103 1262710504 101740202103 30 -APR -1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 143.39 AC 168.39 103.01 AC 128.01 133.17 AC 158.17 241.71 AC 266.71 248.42 AC 273.42 130.66 AC 155.86 179.45 AC 204.45 122.88 AC 147.88 139.49 AC 164.49 125.75 AC 150.75 105.94 AC 130.94 250.82 AC 275.82 223.80 AC 248.80 216.74 AC 241.74 96.02 AC 121.02 249.79 AC 274.79 38.53 AC 63.53 87.43 AC 112.43 133.95 AC 158.95 3.87 AC 28.87 152.21 AC 177.21 123.03 AC 148.03 302.03 AC 327.03 158.44 AC 183.44 259.28 AC 284.28 139.21 AC 164.21 248.09 AC 273.09 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID ------------------------------- 30-APR-1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 1262920003 101740214002 160.40 AC 185.40 1263321002 105355001001 143.45 AC 168.45 1264410001 106920010000 61.59 AC 86.59 1270070403 106398007001 80.55 AC 105.55 1270870703 106398004008 223.25 AC 248.25 1280060305 106398103010 78.28 AC 103.28 1280170003 106398102009 87.74 AC 112.74 1280650102 106398204007 175.57 AC 200.57 1280730104 106398204006 124.04 AC 149.04 1280800206 106398203006 106.03 AC 131.03 1280840807 106398609001 299.76 AC 324.76 1281200404 106398303009 134.10 AC 159.10 1281250902 106398304008 263.00 AC 288.00 1281670805 106398402013 117.05 AC 142.05 1282110404 106398404001 178.13 AC 203.13 1282700201 105675003004 203.68 AC 228.68 1282900801 105675007005 173.36 AC 198.36 1283610203 101375016003 109.20 AC 134.20 1283810805 101375002001 242.09 AC 267.09 1283910603 101375009002 218.72 AC 243.72 1290250805 102275018002 180.22 AC 205.22 1290400903 102275001002 51.92 AC 76.92 1291130103 102275047002 202.78 AC 227.78 1301030102 107820101001 68.16 AC 93.16 1302880804 102560115001 128.75 AC 153.75 1303020002 102560103004 267.27 AC 292.27 1310570501 101230005005 159.70 AC 184.70 S? REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1310990501 104727702003 208.25 AC 233.25 1311270102 107296108001 194.48 AC 219.48 1313800302 108375020001 73.66 AC 98.66 1316630101 108375101004 187.29 AC 212.29 1317810802 104509406001 65.01 AC 90.01 1317960101 104509404002 187.30 AC 212.30 1318690302 108350001001 107.73 AC 132.73 1318800802 108350012001 51.92 AC 76.92 1319200001 105769003005 181.20 AC 206.20 1320970502 104725329001 101.22 AC 126.22 1550900301 100360001281 17.14 AC 42.14 1551390601 100360001082 17.14 AC 42.14 2311200602 101670008006 170.80 AC 195.80 2311350903 101670019005 .55 AC 25.55 2320260903 101670002008 81.64 AC 106.64 2320810102 101670215004 54.58 AC 79.58 2321260801 101670210004 262.71 AC 287.71 2330060102 101665006001 123.82 AC 148.82 2330080901 101665004001 102.07 AC 127.07 2330100502 101665002001 123.33 AC 148.33 2330300104 101670207005 87.81 AC 112.81 2330460302 101670231008 47.11 AC 72.11 2330580803 101670243008 180.86 AC 205.86 2340230802 100190001211 573.40 AC 598.40 2340560802 100190001006 602.14 AC 627.14 2341221601 100170001275 2.23 AC 27.23 2342000303 101430110001 110.17 AC 135.17 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID ------------------------------- 30-APR-1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 2342060704 101430103001 122.53 AC 147.53 2350710601 101670402005 115.10 AC 140.10 2350740301 101670405005 167.69 AC 192.69 2350870803 101670409012 1.08 AC 26.08 2350920105 101670405012 87.32 AC 112.32 2351190004 101670422006 72.78 AC 97.78 2351250201 101670406006 123.90 AC 148.90 2370130303 101670524006 183.56 AC 208.56 2371320905 101671208101 .95 AC 25.95 2371330805 101671208101 89.56 AC 114.56 2380030302 101670603005 230.00 AC 255.00 2380330701 101670415010 155.60 AC 180.60 2380360401 101670412010 154.42 AC 179.42 2390010303 100200004177 180.99 AC 205.99 2390050903 101190004001 44.79 AC 69.79 2391550702 101670516008 78.33 AC 103.33 2391650501 103295102002 49.70 AC 74.70 2391660407 103295103002 155.63 AC 180.63 2391700803 103295103003 70.43 AC 95.43 2391840202 103295102007 102.70 AC 127.70 2391910302 103295101009 104.17 AC 129.17 2391940003 103295104009 128.68 AC 153.68 2391960802 103295204006 207.69 AC 232.69 2400530806 107710006010 56.00 AC 81.00 2401250206 107710002008 146.78 AC 171.78 2410760901 101670708006 288.47 AC 313.47 2410880503 101670708005 274.12 AC 299.12 s9 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID ------------------------------- 30-APR-1998 (09:26 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT -------------------------------------------- 2410960503 101670727006 209.04 AC 234.04 2411590905 101438701001 133.46 AC 158.46 2411850701 101438705002 157.40 AC 182.40 2420160007 107300203009 62.74 AC 87.74 2420380405 107300007020 85.51 AC 110.51 2420410907 107300005020 164.88 AC 189.88 2420570004 107300004014 123.89 AC 148.89 2420740904 107300004006 27.07 AC 52.07 2421080901 107300104014 189.98 AC 214.98 2421620203 107300404002 82.95 AC 107.95 2421860401 101435019001 144.51 AC 169.51 2430290301 107650103001 98.70 AC 123.70 2430520306 107650003006 137.11 AC 162.11 2430560903 107650002005 71.95 AC 96.95 2430850401 107650202011 58.54 AC 83.54 2430870206 107650204011 144.38 AC 169.38 2431020301 107650203008 168.37 AC 193.37 2431270402 107650301014 18.33 AC 43.33 2431930301 107650204005 .69 AC 25.69 2432370103 105750301002 76.93 AC 101.93 2432780104 108446123001 52.00 AC 77.00 2433220705 108446006003 121.89 AC 146.89 2433380902 108446012001 303.56 AC 328.56 2433570504 108446011002 396.24 AC 421.24 2451180003 108365005105 75.43 AC 100.43 2451630404 108365108002 285.30 AC 310.30 2460190802 102190023001 127.95 AC 152.95 REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2471268901 101380005001 209.73 AC 234.73 2490110003 103275004002 85.14 AC 110.14 2490180301 103275004003 119.20 AC 144.20 2500131404 101499306001 114.57 AC 139.57 2500200702 101499020001 181.78 AC 206.78 2500410207 101499207001 .55 AC 25.55 2500680001 101499234001 194.33 AC 219.33 2500740208 101499321001 139.61 AC 164.61 2501140402 101499361001 136.92 AC 161.92 2501260002 101499301002 222.07 AC 247.07 2510720201 103190002003 225.53 AC 250.53 2530480902 102390030002 90.73 AC 115.73 2550340001 104445004001 34.04 AC 59.04 2560210301 106767005002 129.62 AC 154.62 2561430602 101997504002 152.97 AC 177.97 2564870001 101432508002 50.10 AC 75.10 3550490101 100380008002 17.40 AC 42.40 3550660901 104870001200 17.40 AC 42.40 3611520204 101630003001 167.64 AC 192.64 3611530103 101630004001 87.67 AC 112.67 3611550903 101630006001 88.76 AC 113.76 3614670202 101807569001 13.42 AC 38.42 3621090401 105530014001 207.64 AC 232.64 3621740403 105530019003 323.42 AC 348.42 3621810504 104810005000 53.94 AC 78.94 3630240402 108140001003 106.18 AC 131.18 3630700702 101830009105 118.18 AC 143.18 6/ REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3640181806 102096012004 193.57 AC 218.57 3640480410 102096021001 304.58 AC 329.58 3643050201 104465157001 195.21 AC 220.21 3643370402 104465105001 37.89 AC 62.89 3643390202 104465103001 47.79 AC 72.79 3650450407 104775004001 49.76 AC 74.76 3650470203 104775006001 109.76 AC 134.76 3650900805 104775004003 202.20 AC 227.20 3651230901 104775208001 152.64 AC 177.64 3651260601 104775210002 76.60 AC 101.60 3660420502 101560009000 145.11 AC 170.11 3660670502 106710001001 158.90 AC 183.90 3660750502 103200002000 156.71 AC 181.71 3671290901 101550140002 295.97 AC 320.97 3672550501 101550114003 167.01 AC 192.01 3680400301 103299007003 309.29 AC 334.29 3701740701 104506008002 61.42 AC 86.42 3710660601 107250028001 157.90 AC 182.90 3711640702 107250011005 129.00 AC 154.00 3750500502 101827538003 151.93 AC 176.93 3770800502 104507526001 205.19 AC 230.19 3770840101 104507522001 157.07 AC 182.07 3780040603 104508010004 191.56 AC 216.56 3780090101 104508005004 103.84 AC 128.84 3781360701 104508105001 198.71 AC 223.71 3790640101 107298305001 66.66 AC 91.66 3822020801 103299204003 96.87 AC 121.87 REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB -------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3825430602 107259001001 128.43 AC 153.43 3827200101 107680009001 76.05 AC 101.05 3827260501 107680015001 157.74 AC 182.74 3827270401 107680016001 124.16 AC 149.16 1070140708 1112580401 1180820102 1181880401 1220830202 1262430003 1281980105 1315350702 2311360804 2320620403 2330910702 2420260804 2431420503 2440630803 2480630904 2563730701 2565000301 3631440904 3651030304 3661040004 3700800009 3740430803 108435105001 104725234002 101350025004 101350025006 104430025002 101740216102 106398403006 103215110004 101670018005 101670018009 101670412002 107300005003 107650303001 101438105002 106590003002 101370003001 101432521002 101830002002 104775110001 103060102001 108360003001 104503506003 36614.19* 35.54 14.16 163.67 68.31 22.82 70.28 21.09 60.19 45.65 153.19 154.72 140.04 202.58 77.99 203.48 44.65 9.54 334.35 75.77 127.87 86.33 49.34 6� CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB CB 60.54 39.16 188.67 93.31 47.82 95.28 46.09 85.19 70.65 178.19 179.72 165.04 227.58 102.99 228.48 69.65 34.54 359.35 100.77 152.87 111.33 74.34 REPORT SORTED BY ACCOUNT NUMBER 30 -APR -1998 (09:26 ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT -------------------------------------------------------------------------------- 2161.56**> 38775.75* U 45500.75* Agenda Information Memo May 5, 1998 1 ACTION TO BE CONSIDERED: To close the public hearing and approve/deny the vacation of a portion of Meadowview Road west of Alexander Road and east of the Canadian Pacific Railroad and authorize the Mayor and City Clerk to execute all related documents. FACTS: • City staff has negotiated said vacation in conjunction with an assessment objection for Project 615R by Jay Clark, President of Petroleum Property Management, Inc. Mr. Clark has agreed to remove his objection to the special assessments levied under Project 615R in consideration of the right-of-way vacation. • The right-of-way was originally dedicated for the purposes of a public street and public utilities. There is no need to extend a public street west of Alexander Road due to the location of Fort Snelling State Park west of the Canadian Pacific Railroad. The properties adjacent to this existing portion of Meadowview Road have access to the remaining portion of Meadowview Road or Alexander Road. • The purpose for the request to vacate the public right-of-way is to decrease the setback requirements for future development of the adjacent property. • The City of Eagan will maintain a drainage and utility easement, as well as right of access, over the existing Public right-of-way, except for the cul-de-sac bulb. • Public notice for the right-of-way vacation was published in the City's legal newspaper. Additional notices were provided to public utility companies and adjacent property owners. No objections have been raised prior to the preparation of this report. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page "-. ^ L• Easement Vacation Map, page 1. PROPOSED RICHT-OVIAT.MD EASYE.MT VAC.ATIOR L \V I \ CC rI /R H WATER TREATMEP FACILITY CITY C�p4 I MAINT. r �u itv SECTION 8 city of eagan PUBLIC / WORKS /n� LOCATION NAP DEPARTMENT vvv e, NO SCALE J� 00800-010-04 � QP NOTE: / NO FIELD SURVEY WORK WAS PERFORMED AS TO THE PRECISE LOCATION �' Qom' ' OR AREA OF THIS EASEMENT. GP 200' G 00800-020-04 FORESTON OIL 30' PER EASEME TH UNE NE 1/4 - NE 1/4 SEC. 1 Q - ml 80220-010-01 I �� I Z I � Q X 39900-010-0; city of eagan Fj PUBLIC WORKS ®pR0 OSED RIGHT-OF-WAY AND EASMENT VACATION DEPARTMENT Agenda Information Memo May 5, 1998 ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 717R (Country Home Heights - Street Improvements) and, if approved, authorize the preparation of detailed plans and specifications. • The streets proposed to be improved within the Country Home Heights neighborhood are gravel and only 20 to 24 feet in width. The neighborhood provides access to 61 single- family lots. • The construction of the streets within Country Home Heights is programmed for 1998 in the current 5 -Year CIP (1998-2002) and has been part of the City's Capital Improvement Program since 1992. • The initial feasibility report for Project 717R was presented to the City Council and the neighborhood at an informational meeting held on October 7, during a regular council meeting. • A public hearing was held on January 20, 1998. At the close of the hearing, two motions were made to approve Project 717R, one with full City standard street construction, the other with a 2" bituminous overlay. Both motions failed. • On March 24, 1998, City staff received a petition requesting a 28 foot wide City standard street section with concrete surmountable curb and gutter within the entire Country Home Heights subdivision. 35 out of 60 (58%) of affected property owners signed the petition. • On April 7, 1998, the City Council directed city staff to amend the feasibility report for Project 717R in response to the petition and a Public Hearing was scheduled for May 5 to formally present and discuss the amended report with the neighborhood. • An informational meeting was held on April 27 at 6:30 p.m. at City Hall. Of the parcels proposed to be assessed, 15 owners representing 12 properties (about 19% of total notified) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Amended Feasibility Report, pages k 7 through. • Project Information Summary, page. // • Minutes From Informational Neighborhood Meeting, pages b through 'r0. • Letter from resident, page 71e/—. Report for Country Home Heights Addition Street Improvements City Project No. 717R - Amended Eagan, Minnesota September 1997 Revised January 1998 Amended —April 1998 r city of eagan , THOMAS EGAN April 21, 1998 Moves PATRICIA AWADA BEA BLOM@VIST Honorable Mayor and City Council SANDRA A THEODORE WACIHTER City of Eagan c« a MemUws 3830 Pilot Knob Road THOMAS HEDGES Eagan, MN 55122 ON ACrNK trator E J VAN OVEreEKE RE: Country Home Heights Street & Storm Sewer Improvement Report car Clem City Project No. 717R - Amended Dear Mayor and City Council Attached is our amended report for the Country Home Heights Street & Storm Sewer Improvements, City Project No 717R The report presents and discusses the proposed improvements (including potential cost-saving provisions) and provides a cost estimate and preliminary assessment roll We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report Sincerely, John P. Gorder Develop ment/Design Engineer Reviewed By: Reviewed By MUNICIPAL CENTER = PILOT KNOB ROAD EAGAN. MNNESOTA W72-180 PHONE (612) 661 4600 FAX (612)6814612 TDD (0,12)454.6575 I hereby certiS that ttus report «as prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the lass of the State of Minnesota John P. Gorder Date: _ -,?4- Reviewed ,?4 E LONE OAK TREE THE SYMBOL OFSTRENGTHAND GROWTH IN OUR COMMUN17e 9 /Equal O000rrun tV Employer Reg. No w - ' : > MAINTENANCE FACILITY 3601 COACHMAN PON* EAGAN. MNNESO'A 55:22 PHONE (A 12) 6814200 'AX (612)681.436C TCD (612)454.8535 Table of Contents Letter of Transmittal/Certification Page Table of Contents Page Scope....................................................................................................... I Feasibility and Recommendations.........................................................2 Discussion............................................................................................... 2 Easementsand Permits..........................................................................3 CostAnalysis..........................................................................................4 Areato be Included................................................................................4 Assessments............................................................................................ S RevenueSource......................................................................................5 Estimated Assessment............................................................................6 ProjectSchedule........................»...........................................................6 List of Appendices Appendix A — Preliminary Cost Estimates Appendix B — Preliminary Assessment Roll List of Figures Figure 1 — Location Map Figure 2 — Street Improvements & Assessment Map Figure 3 — Storm Sewer improvements Figure 4 — Existing & Proposed Typical Sections Scone This project provides for the upgrade of the existing gravel streets within the Country Home Heights Addition to urban standards (concrete curb & gutter, bituminous surfacing, and storm sewer) Country Home Heights is located north of Lone Oak Road (County Road 26) and east of Pilot Knob Road (County Road 31), as shown on Figure I Country Home Heights Addition is one of the oldest subdivisions in the City, platted in 1949, and includes 76 single-family residential homes, 61 of which take direct driveway access onto unimproved streets. Sanitary sewer and water main utilities were constructed in 1970 to serve the subdivision. Storm sewer and street improvements were not constructed at that time except for reshaping the existing streets and a placement of a 4" thick gravel base Since that time, the City has continued to grade the streets and add supplemental gravel as required The City has also been adding a chloride treatment which minimizes dust and erosion of the gravel Country Homes Heights Addition is one of the last subdivisions in the City with gravel -surfaced streets. On three previous occasions, the City Council has denied public improvement projects to upgrade streets within the Country Home Heights Addition. The first proposed project, City Project No. 605 — Country Home Heights Storm Sewer & Street Improvements in 1990, included the upgrade of the streets to the full City standard of concrete curb & gutter, bituminous surfacing, and storm sewer The second project proposed, City Project No. 717 — Rainier Lane Street & Storm Sewer Improvements in 1997, was in response to a citizen petition this past spring and included the upgrade of the 600 -foot length of Rainier Lane to full City street standards The third, City Project No. 7178, also included the upgrade of all streets within Country Home Heights to full City standards. All of the past projects were denied by the Council based on large project costs versus the potential benefit to adjacent assessable properties This proposed project (Project 717R -Amended) is also in response to a citizen petition that was presented to the City Council April 7, 1998. The petition requested that the width of the improved streets be reduced to 28 feet (from the City standard of 32 feet wide) and that surmountable ("drive -over") curb & gutter in lieu of B618 ("barrier") curb & gutter be placed as part of the project. The Council accepted the petition and directed that the report for Project 717R be amended to explore all feasible cost -savings provisions for construction of the upgrade in order to reduce the total project cost. The cost -reducing measures included in this report are as follows • A reduction in the width of the streets from the City standard of 32 feet to 28 feet (face to face of curb). • The utilization of surmountable concrete curb & gutter • A decrease in the amount of storm sewer installed from previous reports • The utilization of existing storm sewer along Egan Avenue -t- Feasibilitv and Recommendations This project is necessary to provide a sayer driving surface, increase rideability, and control dust and erosion This project is cost-effective in that it will increase the property values of adjacent properties. This project is also cost-effective in that the proposed improvements reduce long-term maintenance costs such as periodic grading, the placement of additional gravel, and chloride treatments to control dust The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Storm Water Management and Street Plans The project can best be carried out as one contract. Discussion Streets It is proposed to improve the existing 20 to 24 -foot wide gravel streets with bituminous surfacing and surmountable concrete curb and gutter, and storm sewer to a width of 28 feet, as shown on Figure 2. As discussed earlier, the 28 -foot width is an effort to reduce street construction costs. A 32 -foot width is the City standard for most local residential streets within Eagan. This width allows for on -street parking on both sides while still allowing the passage of two vehicles traveling opposite directions. The 28 -foot width may not allow the efficient passage of two vehicles going opposite directions with on -street parking on both sides of the street. Surmountable concrete curb and gutter is generally used in new development areas where driveway locations have not been established prior to construction Surmountable curb and gutter does not provide the protection of barrier curb to prohibit vehicles or snow plows from driving over the curb and damaging boulevard areas at non -driveway locations, resulting in long-term maintenance problems for the property owner and the City, Because the gravel streets were not originally built to a design that anticipated future urban street construction, the existing gravel base cannot be effectively salvaged for reuse as base for the urban standard street. Also, over time the gravel base has become contaminated by the underlying soil and would, therefore, not meet street aggregate base gradation standards The proposed street section consists of 3 inches of bituminous pavement and 6 inches of crushed aggregate base, which is a typical section for residential streets in the City The existing and proposed typical sections are shown on Figure 4 The advantages of an urban standard City street versus the current gravel streets are as follows. - The recurrent grading and addition of gravel base are eliminated - The ongoing chloride treatment to minimize dust is eliminated - Erosion resulting from heavy rains is eliminated - Locating and accessing manholes and gate valves in emergency situations is quicker - The blockage of existing culverts and storm sewers preventing proper drainage is reduced - Safer driving conditions (increased driver control, rideability, etc ) - Adjoining property values are increased. conditions Storm Sewer (Figure 3) The majority of storm water runoff from Country Home Heights is divided into two drainage areas as identified in the City's Storm Water Management Plan (1990) Drainage from the southerly area is presently directed through existing storm sewer pipe and overland drainage routes into Pond DP -15 within Poplar Homesteads Addition south of Lone Oak Road Drainage from the central portion of the addition flows into a low area near Egan Avenue and Country Home Heights Park The remainder of drainage from the addition is directed into existing storm sewer systems along Pilot Knob Road and .Avalon Avenue A. Southerly Area Storm Sewer. The existing system that serves the southerly area and outlets into the 24" storm sewer under Lone Oak Road consists of an 18" storm sewer along the east side of Egan Avenue but is located outside of the street right-of-way It is proposed to utilize this system to drain the new storm sewer system A drainage and utility easement will need to be acquired from the property owners where this storm sewer is located. For purposes of this report, it was assumed that the necessary easements could be obtained at no cost, thereby reducing the total project cost. The proposed southerly system would connect to an existing 18" storm sewer on the east side of Egan Avenue. From this point, 18" and 15" pipes would be extended upstream north to the intersection of Burnside and Egan Avenues Aprons and catch basins will be provided behind curbs to collect water from the low-lying areas at the intersection of Burnside and Egan Avenues B Central Area Storm Sewer Pond HP -4 (Type C, a dry pond) within Country Home Heights Park is under the City's Storm Water Management Plan. An outlet for this pond was constructed previously under a separate project. C. Pondiniz The trunk storm sewer (built in 1990) leading from Country Home Heights Park was designed in accordance with the City's Storm Water :Management Plan without any changes to the designated N«L, HWL, or outflow rate of Pond HP -4. Pond design information for HP -4 are presented below Pond AVL -iI WL StoraQe Wet Volum Outflow HP -4 89 1. 0 (dry) 896.0 7.6 ac. ft 0 ac ft 3.0 cfs Easements and Permits Most of the proposed work with this project will take place within the existing 60 -foot wide right-of-way of the affected streets within Country Home Heights Addition As mentioned previously, permanent drainage and utility easements will need to be acquired from the properties where the existing storm sewer system is located along Egan Avenue. No ponding easement is necessary for Pond — HP -4 since the pond is located on City Park property 9y3 Cost Analysis A detailed cost estimate for this project is provided in Appendix A. The total estimated project costs are based on anticipated construction costs and include a 5 percent contingency and indirect costs of 30 percent which include legal, administrative, engineering, and bond interest. The total estimated project cost, including feasible cost -reducing provisions, is $641,200. For comparison purposes, the total estimated project cost of the full City standard street project upgrade that was identified in the last feasibility report was $734,000, a difference of approximately 593,000. Area To Be Included Listed below are the properties proposed to be assessed and the construction area of the project, which are the same. W-TTIMOITI",; Block 1: Lots 2 & 3 Parcel 041-01 (Part of Lot 4) Parcel 05 1 -01 (Lot 5 & Part of Lot 4) Block 2: Lots 1- 5, 7, & 9 Parcel 060-02, 081-02 (Lot 6 & 8) Block 3: Lots 1-3 & 7 Parcel 050-03 (Lot 4 & Part of Lot 5) Parcel 051-03 (Part of Lot 5) Parcel 061-03 (Lot 6) Parcel 082-03 (Part of Lot 8) Parcel 081-03 (Part of Lot 8) & Parcel 010-50 (SW 'h, Section 3) Block 4: Parcel 022-04 (Part of Lots 1 & 2) Parcel 023-04 (Part of Lots 1 & 2) Parcel 030-04 (Lot 3) Block 5: Lots 1, 4, 6, 8, 10, & 12 Parcel 051-05 (Lot 5) Parcel 151-05 (Lot 14 & Part of Lot 15) Parcel 152-05 (Part of Lot 15) Parcel 161-05 (Lot 16) Block 6: Lots 3-8 Block 7: Lots I, 3, 5, 7, 13 & 14 Parcel 090-07 (Part of Lot 9) Parcel 110-07 (Lot 1 I & Part of Lot 9) n!50� -4 Block 8 Lots 1-7. 9. 11 Block 9. Lots 2, 4-6, & 8 Parcel 030-51 Assessments A preliminary assessment roll is provided in Appendix B located at the back of this report Benefiting properties (61 lots) taking direct driveway access onto the streets in Country Home Heights are proposed to be assessed the estimated amount of benefit derived from the improvements. Three properties (2885 Egan Avenue, 1340 & 1385 Avalon Avenue) in addition to the 60 lots, are proposed to be assessed '/2 of the estimated amount of benefit The lots have access to existing improved streets but the properties are adjacent to the proposed improvements The City has solicited independent pre -project appraisals to determine the derived benefit from this improvement Results of the appraisals show the following Improved Streets Estimated Benefit S4,000/lot It is proposed to assess each of the benefiting properties the appraised value, while the remaining balance of the cost of the improvements would be the responsibility of the City's Major Street and Storm Sewer Funds. Revenue Source Street upgrade Estimated Project Cost $641.200 /AP 5 Estimated Assessment Revenue $250,000 Balance -$391,200 Estimated Assessment The proposed maximum assessment for this improvement project is 34,000 per lot taking direct driveway access onto the streets within Country Home Heights Based on a 15 -year assessment period and an estimated interest rate of 6 5%, the following payments would result if a property owner elects to include the assessment on their property tax statement Principal/Year IntcrestfYea CostfYear Cost/Month 1° Year 3267 $476 3743 $62 15`" Year 5267 317 3284 524 Project Schedule Neighborhood Meeting April 27, 1998 Public Hearing May 5, 1998 Approve Plans and Specification/Order Ad For Bids Award Contract Substantial Completion Assessment Hearing First Payment Due with Property Tax Statement July 7, 1998 August 4, 1998 November. 1998 January, 1999 May, 2000 APPENDIX A PRELINIINARV COST ESTIMATES COUNTRY HONIE HEIGHTS STREET & STORM SEWER IMPROVEMENTS CITY PROJECT No. 7178- AMENDED QM Unititem 5.4 4 50 LF 18" RCP Storm sewer @ S26/LF $1,300 890 LF 15" RCP Storm sewer @ S25/LF 22,250 450 LF 18" HDPE Storm sewer @ $23/LF 10,350 260 LF 12" RCP Storm sewer @ S24/LF 6,240 5 EA Std. CBMH w/ Casting @ $1,300/EA 6,500 22 EA Std. CB w/ Casting @ $600/EA 13,000 3 EA 12" RCP F.E.S @ 5600/EA 1,800 500 LF Remove culverts @ S2/ LF 1,000 3 EA Connect to ex. st. sew. @ S500/EA 1,500 10,000 CY Common Excavation @ S5.50/CY 55,000 8,250 TN Class 5 aggregate base @ S8/TN 66,000 2,600 TN 2331 Bituminous base course @ S14/ TN 36,400 1,300 TN 2341 Bituminous wear course @ S161TN 20,800 240 TN Bit. Material for mixture @ $130/TN 31,200 15,000 LF Surm. Conc. Curb & gutter @ S6/LF 90,000 63 EA Relocate mailbox @ $100/EA 6,300 58 EA Driveway restoration @ $500/EA 29,000 52 EA Adjust MH & GV @ 5150/EA 7,800 19,000 SY Sod, type lawn @ 52.50/SY 47,500 1,600 CY Topsoil borrow @ S8/CY 12,800 1 LS Traffic control @ 53,000/LS000 5469.740 + 5% Contingencies 23.490 Subtotal $493,230 + 30% Indirect Costs41 7.970 W Total 5641,200 APPENDIX B PRELIMINARY ASSESSMENT ROLL COUNTRY HOME HEIGHTS ADDITION STREET & STORM SEWER IMPROVEMENTS CITY PROJECT NO. 7178 - AMENDED Parcel Description Address Lot E uiv. Assessment Country Home Heights Lot 2 2995 Burnside Avenue 1 54,000 Lot 3 1384 Rainier Lane 1 Parcel 04 1 -01 art of Lot 4 1390 Rainier Lane 1 Parcel 051-01 of 5 & part of Lot 4 2988 Pilot Knob Road 1 Block 2 Lot 1 2998 Burnside Avenue 1 Lot 2 2995 Egan Avenue 1 Lot 3 2990 Burnside Avenue 1 Lot 4 2985 Ean Avenue 1 Lot 5 2984 Burnside Avenue 1 Lot 6 art of Lot 8 1 Lot 7 2976 Burnside Avenue 1 Lot 8 081-02 2945 Ean Avenue 1 Lot 9 2970 Burnside Avenue 1 Block 3 Lot 1 2910 Burnside Avenue 1 Lot 2 2930 Burnside Avenue 1 Lot 3 2950 Burnside Avenue 1 Lot 7 2970 Ean Avenue 1 Parcel 050-03 of 4 & part of Lot 5 2935 Ean Avenue 1 Parcel 051-03 art of Lot 5 2950 Ean Avenue 1 Parcel 061-03 of 6 2960 Ean Avenue 1 Parcel 082-03 art of Lot 8 2980 Ean Avenue 1 Parcel 081-03 art of Lot 8 & 010-50 2990 Ean Avenue 1 Block 4 Parcel 022-04 art of Lots 1 & 2 2940 Inland Road 1 Parcel 023-04 art of Lots 1 & 2 2960 Inland Road 1 Parcel 030-04 of 3 2969 Burnside Avenue 1 Block Lot 1020-05 2860 Pilot Knob Road 1 S4,000 Lot 4 2885 Egan Avenue 0.5 52,000 Lot 6 2903 Euan Avenue I 54,000 Lot 8 2943 Inland Road 1 Lot 10 1 2947 Inland Road i1 Lot 12 1 2969 Inland Road I1 n? a- Parcel Descri tion Address Lot E uiv. Assessment Bl2jk 5 n in Parcel 051-05 Lot 5 2891 E an Avenue I $4,000 Parcel 151-05 Lot 14 & Part of Lot 15 2980 Pilot Knob Road 1 Parcel 152-05 Part of Lot 15 1391 Rainier Lane l Parcel 161-05 of 16 1383 Rainier Lane i Block Lot 3 2898 Egan Avenue 1 Lot 4 2875 Fairlawn Place 1 Lot 5 2905 Egan Avenue 1 Lot 6 2893 Fairlawn Place 1 Lot 7 2909 Ean Avenue I Lot 8 2899 Fairlawn Place 1 Block 7 Lot 1 2804 Beam Lane 1 Lot 3 2810 Beam Lane I Lot 5 2816 Beam Lane I Lot 7 2832 Beam Lane 1 Lot 13 2890 Fairlawn Place 1 Lot 14 2894 Fairlawn Place 1 Parcel 090-07 art of Lot 9 2844 Beam Lane 1 Parcel 110-07 of I 1 & Part of Lot 9 2866 Fairlawn Place 1 Lot 1 2804 Vilas Lane I S4,000 Lot 2 1340 Avalon Avenue 0.5 $2,000 Lot 3 2830 Vilas Lane 1 54,000 Lot 4 2805 Beam Lane 1 Lot 5 2838 Vilas Lane 1 Lot 6 2811 Beam Lane 1 Lot 7 2831 Beam Lane 1 Lot 9 2848 Vilas Lane 1 Lot 11 2858 Vilas Lane 1 Lot 2 2825 Vilas Lane 1 Lot 4 2829 Vilas Lane l Lot 5 2835 Vilas Lane l Lot 6 2841 Vilas Lane 1 Lot 8 2857 Vilas Lane 1 54,000 Parcel 030-51- Section 3 1384 Avalon Avenue 0.5 $2,000 Totals 62.5 5250,000 1400 MENDOTA HEIGHTS 17 ,qpQ TRAPP ROAD 'Ol W4100'f r�j 00JNTRY I Pm go G" �. SERVICE z � P < Y W ~O RAW" � 'C' � V V 717 -MAP "W'- CITY WCCITY OF EAGAN 7 f Project Location ,?)/ � LOCATION MAP 0 Project 717R i C C C Fig. 1 REV. 4/23/98 8,127/27 n ]ASSES.DWG • Assessable Lot ,... OF EAGAN D^� s/23/98 Fig - 17R Q p 1000 .-.a-se -'S'RM2 _... OF EAGAN LONE OAK �I Ex. STORM SEWER d �, 4,,s `'rr POND DP -,5 E Fla. 3 `6 COUNTRY HOME HEIGHTS S) -ORM SEWER LAYOUT CITY PROJ. 7178 '411L.07. pa l} 4-'7-9e 7' 7XSE: DWG R/w EXISTING SECTION R/w TYPICAL SECTION - R/w 16 2% CITY OF EAGAN 60' R.O.W. GRAVEL ROADWAY URBAN CITY STANDARD STREET 60' R. 0. W. 28' ROADWAY 16 R/W L 1• 2,331 TYPE 41 BITUMINOUS SURMOUNTABLE CONC. CURB k GUTTER 2. 2}}1 TYPE 31 BITUMINOUS 6• Cl. 5 AGGREGATE BASE, 1COR CRUSrE7 COUNTRY HOME HEIGHTS PROJ.717R EXISTING & PROPOSED TYPICAL SECTION COUNTRY HOME HEIGHTS PROPOSED STREET IMPROVEMENTS PROJECT 717R Preliminary Project Schedule • April 7,'98 Present Petition to City Council/Order Public Hearing • May 5, '98 Public Hearing — Council Orders Plans & Specs or Denies Project • July, '98 Approve Plans & Specifications • August, '98 Award Contract • August, '98 Construction Begins • November, '98 Construction Completed • December, '98 Final Cost Report • January, '99 Final Assessment Public Hearing • May 15, 2000 1" Installment Payment Due With Real Estate Property Taxes Preliminary Costs — Feasibilitv Report • S 734,000 • S 641,200 • $ 241,000' (38%) • S 400,200• (62%) Proposed Special Assessments Original Proposed Total Project Cost Amended Proposed Total Project Cost Proposed Assessed to Property Owners Proposed Financed by the City of Eagan • Proposed Assessment $4,000' per lot within Country Home Heights • Prepayment option with no interest available for 30 days after Assessment Hearing • Any unpaid balance is certified to county to be collected with property taxes over 15 years • Interest rate is calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost(Assumed 6.5% Interest) • $743' per year 1" year • $509' per year 2nd year • $2840 per year 15'" year $62• per month I' year $42• per month 2nd year S24• per month 151° year • Assessments based upon Preliminary Appraisal of the estimated benefit to property values. COUNTRY HOME HEIGHTS ADDITION PROPOSED STREET IMPROVEMENTS CITY PROJECT NO 717R — AMENDED INFORMATIONAL NEIGHBORHOOD MEETING MONDAY, APRIL 27, 1998 6:30 PM COMMUNITY ROOM Attendance: John Gorder and Arnie Erhart, City of Eagan; approximately 15 people representing 12 properties (see attached sign -in sheet). • Design/Development Engineer Gorder welcomed the residents and introduced staff personnel. • Gorder reviewed the proposed project details (assessments, costs, and schedule) and which cost -reducing measures are proposed versus previous proposed projects for Country Home Heights. Cost -reducing measures include: 1) Reducing street widths to 28 feet 2) Using surmountable curb and gutter 3) Using an existing storm sewer system along Egan Avenue. 1 think it's wrong to reduce the width of the streets. Why reduce the size of street from the City standard? The width reduction was petitioned and the Council directed staff to prepare the report in accordance to the petition. The Council will make the decision on whether they want to reduce the width. The 28 - foot width is used mainly in cul-de-sacs but also has been allowed on some through streets as well. 2. How will the low areas at Egan and Burnside Avenues drain? A system of culverts and catch basins will drain that intersection and flow to the south down Egan Avenue through a storm sewer pipe. 3. Have the runoff concerns that the resident to the south of Lone Oak raised at the last public hearing been investigated? The storm runoff increase from this project will be negligible but the City has planned for some time to monitor the water level of that pond (Pond DP -15) and install an outlet if the water level was determined to be getting too high and adversely impacting property surrounding it. To date, staff is not aware of a problem with water levels in that pond. 4. Who would pay for this outlet from this pond? The City would propose a trunk storm sewer assessment to properties in the drainage watershed of the pond that have not been previously assessed for trunk storm sewer. 5. One resident mentioned that he believes everyone in Country Home Heights has paid a trunk storm sewer assessment with previous County road improvements. 0. Discussion occurred regarding the storm sewer system along Egan Avenue. Does the pipe have capacity? Yes. A resident at 2970 Egan Avenue has the pipe in her front yard and wants to be compensated for the needed easement in order for the City to use this pipe. The project assumes that the easements could be obtained at no cost in order to reduce the total project cost. She is against the project. She says that the streets are currently in good shape after Egan Avenue was graded to slope correctly. She doesn't want to pay $4,000 for something she doesn't want. 7. Wouldn't the front yards be used as turnarounds with the surmountable curb and gutter? That hasn't been the experience elsewhere in the City where this curb has been used, which is a majority of the City. 8. Will surmountable curb and gutter carry as much water as is needed? Yes. It has good drainage capabilities and has not been a problem elsewhere. 9. One resident mentioned that he has invisible fencing. Will it be dug up during construction? The City and the contractor will work with the resident to make sure that it not be damaged and, if needed, relocated to a proper location outside the right-of-way. This relocation should be the responsibility of the resident. 10. How will the new storm sewer connect to the existing system? A manhole will be constructed over the existing line and the new pipe would be connected to that manhole. 11. How much does it cost annualiv to maintain the current gravel roads and how long would it take to reach the project cost of $641,000? Staff did not have that information readily available. Note: Further research subsequent to the meeting has determined that it costs approximately $7,500 annually to maintain the current roads, which includes a calcium chloride application and placement of additional gravel. 12. Will the grades of the street change much? Generally, the grades of the streets will follow the existing slopes. Driveways need to be matched in so grades can't be altered drastically. 13. Are there other projects that this one could be tied into? It is not proposed to combine this with another project. This project is large enough to stand on its own. 14. Will access be maintained to homes? Yes. There may be limited times of restricted access, but City specifications will dictate that these be kept to a minimum. There is not much utility excavation needed with this project, so that helps in maintaining access. 15. What about other utility companies - do the}have to relocate? They may have to depending on our proposed grades. The City will work with the utilities to determine if they need to relocate. 16. Can we get a grate placed on the culvert on the existing storm sewer between Lots 6 and 7 on Egan Avenue. I'm concerned about kids crawling in there? Staff will have Maintenance personnel look at the situation, but this storm sewer is technically a private system and the City has no right to maintain that storm sewer culvert. 17. Can we get a chloride treatment soon? Yes. One has not been applied to date because, generally, previous Springs have more rain than this one and a treatment is not needed. One can be applied if the neighborhood wishes. Meeting adjourned at 7:40 p.m. Attachment: Sign -In Sheet Residents Attending Neighborhood Meeting G J1BG/M1-:UTES/Pmj. 7178 INFORMATIONAL MEETING COUNTRY HOME HEIGHTS STREET IMPROVEMENTS MONDAY, APRIL 27, 1998, 6:30 P.M. NAME ADDRESS 1. 2. 3. a. 5. 6. 7. 15. 16. 17. 18. 19. 20. M: FORMSJSpn-IND 210 I mow. � a (A (Z .;Z 9'11 / div ,,42-4-5' ';2-clyv ��� )(�G6 '40- a�7o �gan Al AVALON I AVENUE Ci LONE OAK ROAD 71 4 LEGEND REV .mise Residents attending neighborhood mee:eting ^�—� ' 8/28/97t7 'ee 717%N TING OF EAGAN Df OUNTRY HOMES HEIGHTS ET IMPROVEMENTS PROJ. 717R NEIGHBORHOOD MEETING ATTENDENCE 2960 Inland Road Eagan, MN 55121 May 1. 1998 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Mayor Egan and City Council: This is to inform you that we are in favor of the proposed 28 -foot street improvements in the Country Home Heights area of Eagan. Please vote yes on Project 717R. Thank you. 5 cer Don and Karen Cummings 9i Agenda Information Memo May 5, 1998 Eagan City Council Meeting WN ':01 - MI•. ACTION TO BE CONSIDERED: Close the Public Hearing and approve/deny Project 736 (Grand Oak Business Park — AUAR Environmental Review and Internal Traffic Study). If approved, order the preparation of the respective studies to be performed by the firm of SRF Consulting Group, Inc. FACTS: • There have been several development interests and proposals incorporating the property bounded by Blue Gentian Rd., Hwy 55 and Hwy 149. This area incorporates approximately 235 acres. Development build -out would require the preparation of an environmental review study including an internal traffic analysis necessary for a potential Indirect Source Permit (ISP). • The majority of the affected property owners expressed an interest in having the City of Eagan perform these studies collectively for the entire triangle area with the costs spread as a special assessment to all benefiting properties. • On Feb. 3, the City Council authorized the preparation of a Feasibility Report to address the scope, cost and financing options for such a study. • On April 7, the City Council received this report and scheduled a public hearing to be held on May 5. All notices have been published in the local newspaper and sent to all affected property owners informing them of this meeting. Numerous informational neighborhood meetings have been held to discuss the needs and concerns of all potentially affected property owners and the results were shared with the City Council at a workshop meeting held on April 21. -ATTACHMENTS: • Feasibility Report will be included with Additional Information Packet on Monday 0 Agenda Information Memo May 5, 1998 Eagan City Council Meeting OLD BUSINESS A. DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003, CAPONI ART PARK ACTION TO BE CONSIDERED: To approve or deny a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tai payable year 2003, providing that if the property or any portion of it is, during the five-year period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. FACTS: • In January of 1998, the Eagan City Council approved support of proposed legislation to be presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road know as the Caponi Art Park for special assessment purposes for five years, which would provide for taxation on the property under an agricultural classification for five years, and which would provide that if the property or any portion of it were during the five year period conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non- profit corporation, all deferred special assessments would be payable with interest and the taxing districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property. • In the recently passed tai legislation dealing with the Caponi Art Park, the legislature approved assessing the property as agricultural for tax purposes for a five-year period. • If, by the end of the five-year period, the land has been conveyed to anyone other than the Caponis or a nonprofit organization, the Caponis would be obligated to pay back the entire amount of deferred taxes with interest. • The Legislature felt the decision of whether or not to defer special assessments payments was better left to the City of Eagan, so the legislation also stated that the City may defer the payment of any special assessment levied against the Caponi Art Park property. • The City has received a letter from Dave Kennedy, President of the Board of Directors of the Caponi Art Park, requesting that the City approve a resolution deferring special assessments until tax payable year 2003. Although the letter does not specifically address the conditions which were a part of the January Council action, we assume that those conditions are to be included as stated above. 9'3 Agenda Information Memo May 5, 1998 Eagan City Council Meeting ATTACHMENTS: Resolution attached on page Attached on pages �W through is a copy of Mr. Kennedy's letter with the recently passed tax legislation attached. Attached on pages through /CO is a copy of an article regarding this item from the April 26, 1998 ThisWeek Newspaper. Wj CITY OF EAGAN RESOLUTION DEFERRAL OF SPECIAL SEWER AND WATER ASSESSMENTS UNTIL TAX PAYABLE YEAR 2003 CAPONI ART PARK WHEREAS, in January of 1998, the Eagan City Council approved support of proposed legislation to he presented to the Minnesota State Legislature which would continue "Green Acres" treatment for the 60 acre tract of property at 1215 Diffley Road know as the Caponi An Park for special assessment purposes for five years, which would provide for taxation on the property under an agricultural classification for five years, and which would provide that if the property or any portion of it were during the five year period conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest and the taxing districts would "recapture" the tax differential between the agricultural classification and the appropriate classification otherwise assignable to the property: and WHEREAS, in the recently passed tax legislation dealing with the Caponi Art Park, the legislature approved assessing the property as agricultural for tax purposes for a five-year period. If, by the end of the five- year period, the land has been conveyed to anyone other than the Caponis or a nonprofit organization, the Caponis would be obligated to pap back the entire amount of deferred taxes with interest; and WHEREAS, the Legislature felt the decision of whether or not to defer special assessments payments was better left to the City of Eagan, so the legislation also stated that the City may defer the payment of any special assessment levied against the Caponi Art Park property; and WHEREAS, the City has received a letter from Dave Kennedy, President of the Caponi Art Park Board of Directors, requesting that the City approve a resolution deferring special assessments until tax payable year 2003; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does. approve the deferral of the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diftley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five-year period, conveyed to anyone other than Mrs. Caponi, a child of Mr. Caponi or a non-profit corporation, all deferred special assessments would be payable with interest at that time. Motion made bv: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION 1. E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota Count}. Minnesota, in a regular meeting thereof assembled this 5" day of May, 1998. 9 E 1 VanOverbeke, City Clerk CAPONI ART PARK AND LEARNING CENTER 1215 Diffley Road • Eagan, MN 55123 • 612 454-4338 f VIA FAX AND MAIL April 27, 1998 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Caponi Art Park Deferral of Assessments IOT-Mto f I'm enclosing a copy of the recently passed tax legislation dealing with the Caponi Art Park. The legislation is virtually identical to that presented to the city council last January except (i) the land is not classified as "green acres" but rather as agricultural, and (ii) the deferral of assessments is left to the city rather than being mandated by the legislature. Section 41 of the Act states that the "... city, may defer the payment of any special assessments levied against ..." the property " ... as determined by the city." In the discussion of this point in the House tax committee, the members felt that the decision was better left to the city, and we think that makes sense. No procedural guidelines are offered by the Act, but it seems to me that a resolution of the city council, referring to the Act, and deferring special assessments until tax payable year 2003, would enable the county to defer in that way. Tony and Cheryl have asked me to request that the council to take up this matter at its earliest convenience, perhaps on May 5. Could you let us know if that's possible? I know the Caponis are most grateful for the city's assistance in this matter, and speaking for the Park nonprofit corporation, let me say that we too are most grateful. We'll do everything we can to keep the Park as a city asset and make it grow into the wonderful recreational and cultural resource it can be for Eagan. / Your; truly, F cc: Sen. Deanna Wiener Rep. Tim Pawlenty Cheryl and Tony Caponi Dick Schieffer HT No. 3840, 3rd Engrossment 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.23 76.34 76.35 76.36 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 Page 44 of 190 the facility. This paragraph does not apply to: (1) a facility that was constructed during calendar year 1997 or 1998; (2) a facility that was converted to an elderly assisted living facility during calendar year 1997 or 1998; or (3) a change in market value. (c) This subdivision expires and no longer applies on the earlier of: (1) the enactment of legislation establishing criteria for the property taxation of elderly assisted living facilities; or (2) final adjournment of the 1_999 regular legislative scion. Sec. 37. (CHILD CARE FACILITY.) In connection with the cmnitAl exnenditurp authority in Minnesota cta „r tion 47 19 bdiyi ion le, the metropolitan council Rhall consider incorporating in a new transfer garage a child rare facility to Assist in the recruitment and ret n ion of m opolitan transit drivers Sec. 38. (QUALIFIED PROPERTY.) A contiauous nronprtv located within a county adiacent to a =1a1 -y containing a cir.f of the f;t r .-1. -a • tion the metropolitan area as defined in MinnesotaStatutes section 473.121 shall be valued and cla sifi d under ions 1 and 40 provided it meets the followino conditions, 111 the property does not exceed 60 acres - (2) r(2) h nrnnerry incL„1es a - cul rp -- -n open to the public either free of horn or for a nominal admission fAe- (3) the nronerty includes n system of internal roads and paths for pedestrian use and an amphitheater for live artistic performances- 14) er o man14) the property is used for a summpr v,,rh art -- (Si the nroo r y is used for s mina s for aspiring and professional Artists, (6) the nr_ ooe_rry includpq the hontestead of h owner- And 17) the prnnerty has been owned by i wn r for sIt least 40 years. Sec. 39. (CLASSIFICATION.) Notwithstanding any law to the contr-ry a proLaerty oualifvino under section 18 shall lap riAggifieri as class 9A o�nne-tv under Minae o a s a section 73-t s„bdiv ision Sec. 40. (VALUATION.) Notwithstanding Minnesota qtAtutes,tion 273,11, subdivision 1 the land atatifvina under section 39 shall b Sec. 41. [SPECIAL ASSESSMEIN: DEFERRAL :.JTHC'IZED.) Notwiths andina Minnesota Statutes.chapter 4 a city may Sec. 42. [TRANSFER OF PROPERTY; PAYMENT OF DEFERRED TAXES.] - C197GT:7ia e � � http://www.revisor.]eg.state.mn.us/cgi-bir /bldbiI].pl?bi I1=H3840.3&session=ls80 V 4/15/98 Apt 26, ts9a T}aSWEEK Caponi Art Park is granted tax reprieve By MARK (ARSON Anthony and Cheryl Caponi of Eagan recently gained an important step toward their ul- timate goal to create an out- door cultural center. The Legislature granted a Special tax reprieve for their Wacre property on Diffley Road, saving them thousands of dollars over the next five years. "We are overwhelmingly pleased. It looks like we are going to have an art park here in Eagan," said Anthony Caponi. "This (legislation) was not typical, but there needs to be some room for innovation. Laws are made for average situations and I respect the av- erage, but I don't care to aim for it." The Caponis' creation, The Caponi Ari Park and Learning Center, is still a work in prog- ress. When completed, the park will feature a free sculp- ture garden, an amphitheater used for live, free perform- ances, seminars for aspiring and professional artists and a summer youth camp. The Caponis have lived on the property for 40 years. After Anthony retired from his posi- tion as chair of the an depart- ment at Macalester College six years ago, he and his wife (See Caponi, p.22A) THE CAPONI Art Park and Learning Center, still under construction, was granted a special tax reprieve by the Legislature. The 60 -acre park will be taxed as agricultural property until 2003, to allow time for the nonprofit organization to purchase the land from Anthony and Cheryl Caponi. Photo by Rick Omdorf 99 Caponi.............. (Continued from pont page) devoted their time to creating their artistic dream. The Caponi Art Park and Learning Center is now a non- profit organization — an or- ganization that hopes to be able to purchase the land from the Caponis within the five- year tax reprieve recently granted. "Mr. Caponi simply cannot do it by himself. It would take just loo much money," said David Kennedy, president of the Caponi Art Park and Learn- ing Center. "We (the organiza- tion) really got going in Sep- tember. We hired a consultant to help us plan for the future and we're well on our way to our goal — running the park t the way Tony wanted it to be run." Both the city of Eagan and School District 196 voted to f support the rax break, which was bom from discussions with Rep. Tim Pawlenty and Sen. Deanna Wiener, who both in- troduced the legislation and e combined it with the omnibus d tax bill. Dakota County Com- r missioner Patrice Bataglia also expressed her support before a the legislation was introduced. Now accepted, the tax break c will save the Caponis more t than 511,000 a year in property a .............................................. taxes, which increased to more than $13,000 a year in 1996 when the property was re- classified from agricultural to residential. The tax reprieve allows the land to be assessed as agricultural for the next five years while the nonprofit group builds enough financial assis- tance to purchase the land. If, by the end of the five-year period, the land has been con- veyed to anyone other than the Caponis or a nonprofit organi- zation, the Capons would be obligated to pay back the tax- ing districts the entire amount of deferred taxes with interest. According to the Dakota County Assessor's Office, the tax break will cost the average axpayer in Eagan 3 cents a year. Alan Hopeman, director of Finance and Support Services or District 196, said the im- pact of the tax loss to the school district would be mini- mal because about 75 percent of the district's tax levy is qualized by the state. If the istrict's property tax base is educed, the district will re- ceive proportionally more state id. Hopeman said. The art park still has to re- eive permission to defer more han 563,000 in special sewer nd water assessments from /00 the city of Eagan. Kennedy said he does not expect much opposition from the city. "We had no difficulty at all getting approval from the Leg- islature. 1 think everyone rec- ognized what a jewel this place is," said Kennedv. "1 think the city has always been interested in the park. It's such an asset to the city and the en- tire metropolitan area as well. This is also a great opportunity to preserve some open spaces within the city." Kennedy said the art park has received grants from the Met- ropolitan Regional Arts, the Jerome Foundation and dona- tions from individuals. In addition to financial sup- port, Anthony Caponi, now 76 years old, said he needs more volunteers to help him con- struct park features. "I work hard, but if it wasn't fun and creative, I wouldn't be doing it," said Anthony. "This kind of work can be healthv, both physically and mentally. That's what I preach, but so far there haven't been many tak- ers." Agenda Information Memo May 5, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: Remove Wescott Hills Dr. from Municipal State Aid Classification and provide direction regarding the possible renaming of the north %: mile segment. FACTS: • On April 15, 1997 the City Council passed a resolution designating Wescott Hills Dr. from Yankee Doodle Rd. to Wescott Rd. as a Municipal State Aid Street (MSAS). This action was taken after the City Council programmed the upgrading of this street for 1999 in the 5 -Yr Capital Improvement Program (CIP). • It was calculated that there were approximately $818,000 of construction related costs that would be eligible for reimbursement from the State MSAS fund. These construction "needs" resulted in an additional annual allocation of approx. $21,000 per year to the City's total annual allocation ($1,353,000) until such time that the street was built to the MSAS standards. • On April 21, in response to the increased traffic concerns of the Sunrise Hills neighborhood, the City Council determined that Wescott Hills Dr. would not be connected when the northern segment was upgraded in conjunction with the development of the Royal Oaks Addition during 1998. • Because Wescott Hills Dr. will no longer meet the criteria of a Municipal State Aid Street, it should be removed from the City's MSAS classification. This will allow a comparable 1.11 miles of local streets in the community to be so designated to maximize the City's annual allocation of gas tax funds. • A change in the street name for the northern segment will impact 7 property owners (3 of which are involved in the development of the Royal Oaks Addition) as compared to 47 in the southern half. In order for staff to quickly respond to the petition for upgrading the northern segment, the street name change should be addressed as soon as possible. ISSUES: • The deletion of this MSAS designation will not impact the amount of special assessments that any benefiting property owner may be responsible for. Current City policy requires all benefiting properties be assessed based on the benefit they receive without taking into consideration the source of public funds used to finance the project (i.e. County Roads, MSAS, etc.) /0/ (B. Old Business Wescott Hills Drive — Continued) • Since Wescott Hills Dr. will no longer be a through connecting street between Yankee Doodle Rd and Wescott Dr., it will create confusion as to which access to use for emergency vehicles and the general traveling public. The traveling distance between 3590 and 3611 Wescott Hills Dr. is greater than 3 miles. This can result in delays for emergency responders, excess errant traffic and frustrated drivers who may drive improperly after discovering their error. ATTACHMENTS: • Area maps, pages !��.,� � and/0 l ,^� • Public Safety memos, pages /05 through U24 iz BURNSV LLE 1i 4� II w« e IwwMr cute ROMIROAD Iz — r `VTT O I u S ll0J51 r AVE tA.10-E.- � 74- I f r ff r.H.s INVER GROVE n u M 0 m IM H CARRlncl;' lln,l,S Cobh' COURSE D Z m WESCOTT HILLS DR. m 11 1 (-, !/ O' jm> city of eagan 4>— TO: TONI COLBERT, DIRECTOR OF PUBLIC WORKS FROM: DOUG REID, CHIEF BUILDING OFFICIAL DATE: APRIL 29, 1998 SUBJECT: STREET NAME CHANGE WESCOTT HILLS DRIVE In response to your question as to whether or not there should be a street name change for Wescott Hills Drive, I would like to offer the following: As it is this division's responsibility to address properties within the City and looking at it from an emergency standpoint, we are recommending that the street name on the north end of Wescott Hills Drive at Yankee Doodle Road be changed as the least amount of addresses will be affected. Perhaps it would be a good idea to let the affected property owners name the street. Tom, if you need any further information, please let me know. Chief Buil g Official DR/js cc: Dale Schoeppner, Assistant Building Official Bill Bruestle, Senior Inspector Dale Wegleitner, Fire Marshal Chris Grubb, Fire Inspector /05- n re MEMO city of eagan TO: TONI COLBERT, PUBLIC WORKS DIRECTOR FROM: PAT GEAGAN, CHIEF OF POLICE DATE: APRIL 27, 1998 SUBJECT: WESCOTT HILLS DR VEINAME CHANGE I have reviewed, with several of my officers, the issue of a name change for Wescott Hills Drive. There was general agreement that the City should avoid naming non -connecting streets the same. We currently have that situation, in some instances, and it has caused confusion, particularly with newer officers who are not familiar with the area. N1'e also frequently encounter people looking for an address on a particular street only to find that it's for a non -connecting road with the same street name. Thanks for the heads -up and let me know if you have any further questions. 1t�6 Eagan Fire Department i1E110 MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: CRAIG JENSEN, FIRE CHIEF DATE: APRIL 29, 1998 SUBJECT: WESCOTT HILLS DRIVE — NAME CHANGE After reviewing your memo dated April 27,1998. the Fire Department has major concerns in regards to the way that Wescott Hills Drive is named or addressed. Although the computer routing that the Fire Department uses incorporates the needed address splits, 100+ fire personnel cannot remember which section of roadway has which address. I have heard from the Eagan Police dispatch and HealthEast Medics that there has been some confusion on Wescott Hills Drive in the past. But, after investigating further, it was related to the printing of the City map and not a signing and/or street naming problem. Citizens have no way of knowing that Wescott Hills Drive isn't a through street and do get confused, thereby blaming the City for the problem. The 1997 map showed the North leg of Wescott Hills Drive read correctly, but the South leg reads Wescott Hills Road, which is incorrect. That problem has been resolved on the 1998 map Eagan Fire is in support of changing the North leg of Wescott Hills Drive only Changing the South leg would impact a larger number of residents causing more confusion for all parties involved. If I can be of any further assistance, please let me know. Cra g Je en - Fire Chief CJ/pjm C 'JPM B"exolllldhD,nv 119 Agenda Information Memo May 5, 1998 Eagan City Council Meeting C DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILITY ACTION TO BE CONSIDERED: To make findings concerning the need for an Environmental Assessment Worksheet for the Eagan Family Aquatic Facility by determining that either, 1.) sufficient potential environmental impacts have been identified to justify completion of a discretionary Environmental Assessment Worksheet on the project, or 2.) sufficient data of additional environmental impacts has not been identified or the project has provided for mitigation of such impacts and that a discretionary Environmental Assessment Worksheet is not needed for the project. FACTS: A Petition has been submitted to the Minnesota Environmental Quality Board signed by 47 individuals. The petition requests that an Environmental Assessment Worksheet be prepared in association with the proposed Family Aquatic Facility planned for the Municipal Center Campus. Any person may request the preparation of an EAW on a project by filing a Petition that contains the signatures and mailing addresses of at least 25 individuals. • In correspondence dated April 24, 1998, the EQB has determined that the City of Eagan is the appropriate governmental unit to determine the need for an EAW pursuant to Minnesota Rules Chapter 4410. Under the rules, mandatory EAW's are required for sports or entertainment facilities designed for or expected to accommodate a peak attendance of 5,000 or more persons and a mandatory Environmental Impact Statement is required for new outdoor sports or entertainment facilities designed for or expected to accommodate a peak attendance of 20,000 or more persons. At a peak bather load of 2,000 persons, the Family Aquatic Facility would not fall under either of the mandatory categories. Therefore, the preparation of an Environmental Assessment Worksheet would be at the discretion of the City Council. • As the responsible governmental unit (RGU), the City Council shall make a determination on the need for a discretionary Environmental Assessment Worksheet. Chapter 4410.1100 states: The RGU shall order the preparation of an EAW if the evidence presented by the Petitioners, proposers and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for a significant environmental affects. The RGU shall deny the Petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental affects. The RGU shall maintain, either as a separate document or contained within the records of the RGU, a record, including specific findings of fact, of its decision on the need for an EAW. No final governmental approvals may be given to the project named in the Petition, nor may construction on the project be started until the need for an EAW has been determined. If the decision is to prepare an EAW, approvals for the project must be withheld until either a negative declaration on the Environmental Assessment Worksheet is issued or an Environmental Impact Statement is completed. ISSUES: Because a Petition has been properly submitted and the issue has been forwarded to the City for determination, the City Council should make findings as to whether the evidence raised within the Petition regarding po`ttential environmental impacts is sufficient to require preparation of an Environmental Assessment Worksheet, or whether it is insufficient to warrant further study, or whether the issues have or will be addressed and mitigated in the final design and development of the project. The Council should determine whether the issues raised in the Petition either have or have not been addressed previously in the planning and design of the Aquatic Facility. • The Council should determine whether preparation of an Environmental Assessment Worksheet would provide substantially more information than is available now concerning the nature, extent and potential mitigation of environmental impacts. BACKGROUND: • EQB correspondence on pages wo_ through Resident Petition on pages JL;-LJL;-L through -Li2— . • Draft Statement of Findings on pages J-L�— through . Staff memoranda on pages / a[o' through ,000 . Al f MINNESOTA PLANNING ENVIRONMENTAL QUALITY BOARD 7 April 24, 1998 Mr.Thomas Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Citizens petition for an EAW on the Eagan Aquatic Center Dear Mr. Hedges: The Environmental Quality Board (EQB) has received a petition requesting that an Environmental Assessment Worksheet be prepared on the proposed family aquatic center at Wescott and Pilot Knob Roads, and has determined that the City of Eagan is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, chapter 4410. I am enclosing a copy of the current rules for your use. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100, subpart 1, page 35.) 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. //U Mr. Hedges Page 2 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained. 4. You are allowed up to 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the = Monitor on May 4, 1998. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296-8253. Sincerely, J Z% Z''7 Gregg Downing Environmental Review Coordinator cc: Jeff Gregory, petitioners' representative HPB Sales TEL No.507-454-7125 RPr.25.96 21:01 P.01 { JOAQUIN TRADING CORP. U.O.A. PnEVENIIVE MAINTENANCE TRUCK REPAIR 7550 24U Avenue Soo sih Mliuieapolle, MN 65450 612 / 726-1345 FAX 'rO : 1wrC 17 AX NUMBER gop NUMUGIi Or VAGCS 4 MASSAGI: �� A .GA Q /ELC.Crf.K G� ,per,[, _. . 12.z OIAI- ✓ •'ice- "_ ' �A V Heavy Duty Truck Maintenance and Repair HPB Sales 2 3 4 5 6 7 8 9 1 11 12 l} 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 2R TEL NO.507-454-7125 RPr.25,96 21:02 P.02 The City of Eagan is engaged ut a planning process for the development of an aquatic center on the open land on the government campus at Pilot Knob and Wescott roads. The Minnesota Environmental Policy Act of 1973 established a formal process for reviewlno the environmental impacts of major developmental projects. The purpose of the review is to provide Information to ynits of government on the environmental impacts of a project before approvals or necessary permits are Issued. Prior to any governmental approval of a project with 'potential for significant environmental effects,` an Environmental Assessmont Worksheet (EAW) or potentially an' Environmental Impact Statement fElB) should be prepared. The proposed aquatic center is a recreational project which should require at a minimum en EAW. The proposed use is a recroalionel development which will involve additional parking facilities of the land. The amount of site coverage with impervious surfaces has the potential to create significant water runoff problems on its own site end for neighboring properties. One adjacent property Is Department of Natural Resources Protected Wetland 19-144. Plans as developed do not show any pretreatment or holding pond for groundwater runoff prior to discharge into this protected wetland. The Wostcott Branch Library will tie impacted by increased noise levels and parking demand from users of the aquacencor facility . This library location was chosen for his natural setting. Adequate parking was provided only for users of the library, The natural setting will be flemoved and the adequacy of the parking will be brought into question. The proposed aquaccnter has perking for approximately 350 vehicles. A similarly sized complex in Saint Louis Park has 450 spaces. That complex finds pa•k,ng congestion and limited parking as its major problems. The Saint Louis Park facility has the benefit of easier mass transit access and surrounding neighborhoods constructed with sidewalks wh;ch serve to Increase pedestrian traffic while limiting the need for sonic Vehicular traffic. The lack of parking will impact the surrounding streets and the library's parking facility. Library users will have to share the limited perking with aquacenter users. The adjacent residential streets wilbecome overflow or convenient parking spaces for aquaconicr users. In addition, there is the potential for traffic congestion and noise levels to Increase significantly or. Ute site and neighboring streets This commercial sized aqua amusement center will be sited within 200 feet of the 113 r— HPB Sales l� 2 i 4 5 6 7 b 9 1(I 11 12 11 14 1S 16 17 lh 19 20 21 22 21 24 25 26 27 28 TEL No.507-454-7125 RPr.25.96 21:02 P.03 I I. brary and residential properties which are penerel'y isolated from high r1obC levels by eppropriato land use I controls which take Into account the noise levels of proposed Jses. For the reasons stated above the undersigned do hereby potjtion the City of Engen to undertake an Environmental impact Stetement or at a minimum on Environmental Assessment Worksheot for the p,oposed aquatic cantor project. I 3 W nc r.s'r N /C7C ,✓ F'I ,v s I r eddu;rs_. _ Name _ T , 7—Jire, rich • e .4,z - /�CNR I! Ir el :�C, It, r) C. r— 1 Address 11%S / e)' b r 3 HPB Sales TEL No.507-454-7125 RPr.25,96 21:03 P.04 1 2 a 4 5 6 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 21 24 25 26 27 29 K r -F Address J� Bionnture Ad V r ((�� �• � t. l✓��a L72 w.rj - -r rr1� C't Iu� S s �z3 m �r1s c�cKx , , '1 i c.it lir , / F'C Arldreks r Nanle,�,jti�(,( TP U C, T HPB Sales TEL No.507-454-7125 RPr.25.96 21:04 P.05 1 2 3 4 5 6 7 8 9 10 H1pOQLYLC.���a'1 lupw - W C�.ue. -.,p Name J i'1 a. r n n n a r, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Address 1? 7> t4lle' /•(rt W IX. F- Ae,An1 -..J.r_/ Z 3 //v HPB Sales L-: 1 2 4 TEL No.507-454-7125 APr.25.96 21:05 P.06 eddrese 31 1 �: t.-) i fIT L; 1174 AI Address ft 91. Addracs__ Pyq 4 �•:O C /31F 14 15 16 17 19 19 20 21 22 23 24 25 2!, 27 2A ( � g /y aures �Jri �JI { 1�Qn V✓� Q lTr-/ lNK L4.�'1 h kof / � AA) W.Y. i�YI1MY• ®m , , I . i - � .. _ - '.Y. M. c� •Ctfa, .. lam, �1t ■� Ili •'!+ �_.`. � � �^ � ••. - _- I ` • CITY OF EAGAN, MLNNESOTA _J FAMILY AQUATIC CwTER - MASTER PLAN . �s FINDINGS FOR RECORD OF DECISION DETERMINATION OF NEED PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN FAMILY AQUATIC FACILITY On April 27, 1998, the City of Eagan received a petition from community residents through the Minnesota Environmental Quality Board requesting the preparation of an Environmental Assessment Worksheet (EAW) for the Eagan Family Aquatic Facility, proposed to be constructed at the City's Municipal Center site at 3830 Pilot Knob Road As the responsible governmental unit (RGU), the City is required to review the issues raised in the petition and determine whether to prepare an EAW. The RGU has up to 15 days from the date of receipt of the petition to make such a determination. A determination at the City Council meeting of May 5, 1998 would meet this requirement Discretionary EAW The project has been compared with the mandatory EAW, mandatory EIS and exemption categories in Minnesota Rules Chapter 4410 The project does not fall within any of the categories As such, preparation of an EAW is discretionary for the RGU Standard of Decision The RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers and other persons or otherwise known to the RGU demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate that the project may have the potential for significant environmental effects. Issues Identified by the Petition The text of the petition is attached The following issues are raised within it 1. Stormwater runoff and water quality impacts 2. Noise impacts on the County Library and homes in the vicinity 3. Parking conflicts with the County Library and neighborhood streets 4. Diminishment of the natural setting 5 Traffic congestion on the site and on neighborhood streets Analysis of the Issues Background information with respect to these issues is outlined below. Further information with respect to issues 1, 3, 4 and 5 is detailed in the attached memorandums. WA 1 Stormwater runoff and water quality impacts have been quantified and can be mitigated within the scope of the project. DNR Protected Wetland 19-144 is designated in the City's storm water management plan as JP -6. Mitigation and treatment of runoff for pond JP -6 will be provided by an on-site detention basin JP -6.1 (See Brasch Memo). 2. Adverse response to noise generated by similar aquatic facilities has not been found. The senior housing facility at St. Louis Park is at a comparable distance from that facility. In response to Eagan neighborhood concerns, however, the preliminary design of the facility includes physical depression of the pool area, earthen berms and landscaping to mitigate the visual and noise impacts on adjacent uses Noise impacts are regulated by the Minnesota Pollution Control Agency through a series of receiver based standards Noise levels for a prospective facility of this type cannot be modeled, but levels can be monitored at receiver locations at comparable distances from comparable facilities this summer If noise levels in excess of state standards are found and it is determined that the existing mitigation measures are insufficient, further sound buffering features including additional berming and landscaping can be incorporated in the final design. 3 The proposed facility will be part of a multi -use municipal center site It is adjacent to and will share parking with two ice arenas. The peak seasons of the respective facilities are complementary. The total stalls available will range between 500 and 520 (See Mattys Memo). Other alternatives include up to 50 stalls at the new Fire Administration Building, up to 25 spaces on grass or consideration of shuttle service from the Lexington-Diffley Athletic Facility or other locations. Parking stalls available at comparable facilities are St Louis Park — 293, Sun Prairie, WI — 200, Woodridge, IL — 400 shared with community center, Wheeling, IL — 400 shared with community center and Des Plaines, IL — 350 plus 70 spaces on grass 4 The project will conform to the City's tree preservation and replacement standards (See Hove memo) These standards were developed by the City to provide for the mitigation of tree removal that is necessary in the development of property 5 Traffic generated by the project is expected to be dispersed on Pilot Knob Road and Wescott Road. Hours for the proposed facility have not been set, but are likely to be from 11:00 a.m. to 8:00 or 9.00 p m Trips will occur outside of the peak hour and within the capacities of the roadways (See Matthys memo). /ao Statement of Findings On the basis of the information provided in the petition and that outlined above, the City Council finds that preparation of a discretionary Environmental Assessment Worksheet isfis not necessary, prior to further consideration of the Eagan Family Aquatic Facility. Notification of the Council's conclusion in this regard will be forwarded to the petitioners' representative and the EQB within five working days of the decision. 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 5th day of May, 1998 E J VanOverbeke, City Clerk jai TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION JON HOHENSTEIN, ASSISTANT ADMINISTRATOR ADMINISTRATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: WATER -RELATED IMPACT ASSESSMENT -AQUATIC FACILITY DATE: APRIL 29, 1998 Background The proposed aquatic facility will generate runoff that will be discharged to a constructed detention basin designated JP -6.1. This detention basin was constructed in 1994 as part of the expansion of the City Hall campus and was designed to provide treatment for stormwater runoff from the campus before it was discharged to Pond JP -6 . Pond JP -6 is a 7 -acre state protected water (No. 144W) designated as an indirect contact recreation water body in the City's water quality management plan. Pond JP -6 in turn discharges water through a lift station outlet to a series of three designated nutrient traps on the mainstem of the storm drainage system upstream of Fish Lake. These discharges eventually reach Fish Lake, a designated Class I recreational water body. (See attached map). Impact Assessment -Methods and Assumptions The City's water quality model was used to assess impacts to downstream recreational water bodies as a result of development of the aquatic facility complex. The model is routinely used by City water resources staff to assess the impacts of new development on the quality of downstream recreational water bodies and as a guide to develop appropriate mitigation measures to minimize or prevent degradation of those water bodies. As a first step in the analysis, model runs were made that reflect the quality of Pond JP -6 and Fish Lake under existing conditions without the aquatic facility. Changes in impervious coverage and phosphorus export coefficents were then made to reflect the likely conditions after development of the facility and the model was re -run to generate predicted phosphorus concentration values in Pond JP -6 and Fish Lake. A final run was made to assess the effectiveness of one possible measure to mitigate the impact of the development on downstream waters, especially Pond JP -6. Critical model inputs are as follows. The existing City Hall campus (including the first ice arena) has a total area draining to detention basin JP -6.1 of 10.2 acres and impervious coverage of 41 %. Figures for the new ice arena are 3.04 acres and 68% impervious coverage, for the aquatic center parking lot 3.55 acres and 68% impervious coverage, and for the aquatic center pool facility 5.7 acres and 35% impervious coverage. It was assumed that precipitation falling directly on the sand play area as well as on the pool itself and the lazy river within the aquatic center pool complex would not generate any off-site runoff, and that the patio and rooftops were totally impervious and would generate runoff that would all leave the site. Phosphorus concentrations for all runoff from developed areas within the City Halblice arena'aquatic facility complex were assumed to reflect that from commercial industrial land uses, the highest among the five land uses accounted for in the model. In short, I believe the assumptions on which the impact analysis is based are conservative and reflect conditions closer to a maximum impact scenario than a minimum impact scenario. Impact Assessment -Results Modeling results indicate that development of the aquatic center complex will result in an increase in phosphorus concentrations in Pond JP -6 of about 4% if no measures are taken for additional stormwater treatment. There is virtually no projected impact to Fish Lake from the proposed development, principally because the additional runoff and phosphorus loading to Fish Lake generated by this development is negligible compared to that the lake receives already from its existing 3,000 acre watershed. There are several methods that could be considered to mitigate the impacts of the Aquatic Center development on water quality in Pond JP -6. The most practical involves installation of an energy dissipation device on the inlet pipe to detention pond JP -6.1 and the installation of a curtain or wall within the pond that would convert the current one - cell pond to a two -cell pond with the same wet volume. Modeling indicates that these mitigation features would enhance the pollutant removal performance of the pond so that phosphorus concentrations in Pond JP -6 would be about 3% less than under existing conditions. Under this scenario, the non -degradation standard that the City applies to recreational water bodies such as Pond JP -6 would be met. Water resources staff have been experimenting over the last two years with the installation and assessment of dividers to enhance detention basin performance and they appear to have some merit. Please let me know if you have any questions or need more information. /' " C /r: � 7� � Rich Brasch Water Resources Coordinator /Q3 c i. 4 city of eagan TO: Ken Vraa. Parks and Recreation Director FROM: Russ Matthys, Cit} Engineer DATE: May 1, 1998 SUBJECT: Eagan Aquatic Center I am writing in response to the petition received from the Minnesota Environmental Quality Board regarding the proposed aquatic facility My purpose is to address the traffic engineering issues mentioned as part of the petition for an Environmental Assessment Worksheet (EAV1) The request for the EAW identifies parking for approximately 350 vehicles that will be constructed in conjunction with the proposed aquatic facility Currently, there are an additional 92 parking stalls adjacent to the civic arena as well as approximately 75 parking stalls available to the public next to City Hall. The seasonal uses of the aquatic facility and civic arena allow the sharing of the parking for these facilities I am not familiar with the parking situation at the St Louis Park facility and would not feel comfortable considering that concern without a traffic engineering analysis of it In regards to accessibility of the proposed site to pedestrian traffic, it should be noted that the site is located in the center of the City and a rather extensive system of trails provides access to most of the City The suggested use of the library's parking facility by aquatic facility users is clearly a possibility However, the library parking lot is the furthest parking alternative from the proposed facility. With approximately 500 closer parking stalls available, I believe the library lot would be a last alternative for aquatic facility users The concern regarding the overflow parking on the residential streets is one I have some difficulty seeing. Access to the facility will be solely from the City campus. A fence will surround the facility and prevent access from the residential neighborhood With the planned available parking and existing trail system previously discussed leading patrons to the campus entrance, a one half to three quarter mile excursion through the neighborhood seems highly questionable and far from convenient /V-� Traffic congestion on any of the neighboring streets due to the operation of an aquatic facility on the City Campus site is very unlikely 1 will address the capacities and current traffic loads of each of the adjacent streets individually as follows Pilot Knob Road Wescott Road Denmark Avenue Deerwood Drive AVERAGE DAILY TRAFFIC 17,000 (1996) 7,031 (1997) 1,542 (1997) 1,024 (1997) CAPACITY 20,000 — 40,000 10,000 — 15,000 <5,000 <5,000 If one were to assume 1,000 vehicles per day, a high estimate, driving to and from the proposed aquatic facility, the additional loading placed upon any of the streets would be well below capacity Traffic for the proposed facility would also be generated during the off-peak travel time on these streets, lessening the effect on the street system It is doubtful that either Denmark Avenue or Deerwood Drive would provide access to the site for patrons other than the residents living adjacent to these streets The traffic signal at Pilot Knob Road and Wescott Road provides a convenient and safer alternative access to Pilot Knob Road in lieu of Civic Center Drive. Civic Center Drive would also act to diverge traffic leaving the facility, encouraging traffic distribution to both Pilot Knob Road and Wescott Road I believe I have addressed all of the issues presented by the EAW petitioners relevant to my area of expertise Please contact me with any questions /Q6 MEMO TO: Ken Vraa, Director of Parks and Recreation FROM: Gregg Hove, Supervisor of Forestry DATE: April 30, 1998 SUBJECT: Aquatic Center Tree Im entory and Preservation INTRODUCTION The following is a brief summary of the significant tree vegetation on the Aquatic Center site. Data was taken from a tree survey (performed by city engineering staff), and confirmed by city forestry staff. Tree and woodland removal figures were taken from the proposed grading plan. All trees and woodlands within grading limits are assumed to be removed. The existence of woodland areas was both determined from aerial photographs and confirmed in field. Square footage for woodland areas were planmetered by myself in the office. GENERAL SITE DESCRIPTION 1. There are 75 existing significant trees ( hardwood 6 inches or larger, or softwoods 12 inches or greater in width) on this site of which 34 are pine trees growing in a plantation in the middle of the site. These pines are too large to successfully transplant. 2. The majority of the remaining trees are Box Elder and Chinese Elm trees in the diameter range of 12" to 24". These tree types are typical of" re -growth" on a previously disturbed site. 3. Many larger, significant trees will be preserved (18" scotch pine. 41" silver maple, 3 large spruce, and a 16" bur oak on the east boundary, and 4 large elms near existing pond) 4. Mitigation values are high on this site, some mitigation could be accomplished b} transplanting tree stock from areas to be graded on-site to other "safe areas", such as along the north and east boundary. EXISTING VEGETATION Significant trees on site Significant trees to be removed = Significant trees to be preserved Allowable removal (single lot, commercial) _ Replace, 55 trees —22 trees = Tree mitigation = (33 trees x 4 category B trees each) /C� 75 55 (73.3%) 20(26.7%) 30% (22 trees) 33 trees 132 Category B trees SIGNIFICANT WOODLANDS "Significant Woodlands" are tree massing which have a crown over 500square feet in canopy or trees larger then three inches in diameter. Significant Woodlands on site = 27,990 sq. ft. Significant woodlands to be removed = 19,650 sq. ft. (70.2%) Significant woodlands to be preserved = 8,340 sq. ft. (29.8%) Allowable removal (single lot, commercial) = 30% (8,397 sq. ft.) Need to replace, 19,650 — 8,397 = 11,253 sq. ft. Woodland mitigation = 45 Category B trees (11,253 sq. ft./ 2 category B trees / 500 sq. ft.) TOTAL MITIGATION 132 Category B trees + 45 Category B trees = 177 Category B trees. Agenda Information Memo May 5, 1998 Eagan City Council Meeting D. CONSIDER DESIGN & DEVELOPi17ENT OF PROPOSED EAGAN FAMILY AQUATIC FACILITY ACTION TO BE CONSIDERED: To approve or deny authorization for the completion of the design and development phase of the proposed Eagan Family Aquatic Facility. FACTS: ♦ Depending upon the Council's action with respect to the need for an Environmental Assessment Worksheet, staff is requesting a decision on whether to proceed with the design and development phase of the proposed Family Aquatic Facility. • The Council will be briefed on additional information with respect to the consultant's activities regarding the aquatic facility at Tuesday evening's workshop. Further information with respect to this item is included in the background for that meeting. ISSUES: ♦ If the Council decides to proceed with an Environmental Assessment Worksheet, further design and development activity with respect to the aquatic facility should be postponed. If the Council decides that environmental issues have been or will be adequately addressed within the aquatic facility project, the design and development phase is the next step in that regard. ATTACHMENTS: ♦ Background information is included with the special meeting packet. /�9 Agenda Information Memo May 5, 1998 Eagan City Council Meeting NEW BUSINESS A. AUTHORIZATION, PREPARATION OF CEDARVALE COMMERCIAL AREA REDEVELOPMENT PLAN FOR CONSIDERATION OF THE FORMATION OF A TAX INCREMENT FINANCING DISTRICT ACTION TO BE CONSIDERED: To approve or deny authorization for the preparation of a redevelopment market plan and land use plan to be used for the consideration of the formation of a tax increment financing redevelopment district. FACTS: The Cedarvale Task Force, consisting of business property owners in the Cedarvale area, requested at its meeting of March 27 that the City of Eagan consider the creation of a tax increment financing redevelopment district for the Cedarvale commercial area. At its meeting of April 27, the Eagan Economic Development Commission indicated support for the request by the Cedarvale Task Force and recommended that the City Council authorize the preparation of a market study and land use and circulation study to be used as the basis for a tax increment financing plan. • Depending upon the scope of the plan and the number of neighborhood and property owner meetings, an estimated timeframe for a plan ranges from three to six months. Staff is in the process of receiving requests for proposals for similar studies in other communities. Staff is also gathering budget estimates and contract amounts from other cities who have performed similar studies in the past. Such costs would be eligible for reimbursement from tax increment financing proceeds if and when a district is created in the future. In addition, the Cedarvale Special Service District allocated up to 55,000 in its 1998 budget for support of special studies for the area. It may also be possible to allocate consulting firms from the Administration or Community Development budgets. ATTACHMENTS: • Staff memorandum on pages 13 / through VY0. 120 Y a city of eagan MENTO TO: Chair Gary Morgan and Members or the Economic Development Commission FROM: Jon Hohenstein, Assistant to the City Administrator DATE: April 14,1998 SUBJECT: Authorization to Prepare Tai Increment Financing Plan for a Redevelopment District in the Cedarvale Commercial Area Back round The purpose of this memo is to present a request to the City by the Cedarvale Task Force to consider creation of a tax increment financing redevelopment district in the Cedarvale Commercial Area. The Task Force is a group of Cedarvale business property owners whose meetings have been facilitated by the Eagan Chamber of Commerce. In consideration of an initial feasibility study, the business owners at the Task Force meeting of March 27 unanimously requested that the City Council move forward promptly with the formation of a redevelopment district for the area. The business owner's perception is that the area will be more attractive to potential developers and the City will be in a better position to respond to developer proposals if a district is formed in advance of a specific development proposal. Based upon analysis by the Dakota County Housing and Redevelopment Authority and City staff, the commercially developed and guided area encompassing the greater Cedarvale area from Nicols Road to and including the Silver Bell Center meets the statutory requirements for a tax increment financing redevelopment district. The remaining requirement of the statute is that a public process be undertaken that results in the City Council making a finding that the area would not redevelop in the foreseeable future "but for" tax increment financing assistance. The basis of that process would be a tax increment plan generally describing the redevelopment assistance required and the anticipated revenues from new development within the area. Statutory Findings Based on GIS data and analysis by the Planning Division, the overall Cedarvale TIF area meets the criteria in statute for a Redevelopment District. Parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities or other improvements. A parcel is considered occupied if at least 15% of the area of the parcel contains some type of improvement noted above. • -Parcels comprising 3,072,055 s.f of the total 3,710,158 s.f or 82.8% of the area are occupied. 131 • Of the portion that is not occupied, 12 parcels are vacant and 5 parcels are developed, but improvements cover less than 15% of the lot area • More than 50% of the buildings in the occupied area are structurally substandard, requiring substantial renovation to conform to current codes or clearance A building is considered structurally substandard if the cost to bring it up to current codes would exceed 15% of the cost of building the same building today. • The Dakota County Housing and Redevelopment Authority inspections found that 49 of the 51 buildings in the Cedarvale area meet the substandard test. • 44 of the 46 occupied parcels or 96% meet the test. • Parcels comprising 2,680,769 s.f of the 3,072,055 s.f occupied area or 87% meet the test. This analysis applies to the entire area analyzed If more than one district were to be created within the area, each district would need to be configured such that it meets the tests individually For additional detail, please see the attachments It should be borne in mind that the policy decision by the City Council of whether to form a district occurs after a TIF plan is done and the public notice and hearing process has been completed With that qualification, in approaching a decision on whether to authorize staff to proceed in this regard, the Council is asked to consider the following issues. 1. Should a redevelopment planning study and updated market study be prepared before or after formation of a TIF district? The business property owners have asked that a district be formed expeditiously on the basis of the most basic planning and redevelopment assumptions for the area. This is possible, although the planning assumptions themselves require some level of study. In order to implement a redevelopment plan effectively, however, it would be reasonable to provide existing property owners and prospective developers with the City's expectations for the area This would include general or specific land uses, market analysis to support the desired uses and intensities, a range of redevelopment activities that would be necessary, to bring the new uses about and strategies to include existing property owners within the redeveloped area or community. At such time as such studies are directed, a request for proposals for appropriate firms would be prepared Such studies are eligible expenses for reimbursement from TIF proceeds if a district is formed 2. Should the City consider formation of one or more districts within the area? The property within the overall area qualifies under the statutory tests to such an extent that the city could consider creation of a single district or several smaller ones The advantage of a single district is that proceeds from development in one part of the area could be used to make improvements elsewhere in the area If more than one district is formed, the transfer of funds, or pooling, is restricted between districts to a maximum of twenty-five percent of the increment. The advantage of smaller districts is that they can be formed as development �J proposals come forward so that statutory time lines only begin to run for the specific area where activity is occurring. This may be appropriate if the redevelopment plans for different pans of the area are more apparent than for others 3. Should the City study incorporating additional area within a district it it would support the orderly redevelopment or the commercial area? So much of the property within the overall area qualifies under the statutory tests that some additional parcels could be incorporated in a district, even if they do not meet the substandard or lot coverage tests themselves As with the Cedarvale area itself, it would be essential to gauge property owner interest if additional areas were to be considered For example though, depending upon owner response, it may be appropriate to consider whether including additional properties along Beau D'Rue between Rahn and Silver Bell Roads would permit additional alternatives for improved traffic access to and from the area. Action to be Considered: To approve or deny authorization for preparation of a draft Cedarvale Commercial Area Tax Increment Financing Redevelopment Plan and to provide direction on 1) the preparation of a redevelopment planning study, 2) market study, 3) the consideration of one or more districts and 4) the potential of incorporating limited additional property in a district contingent upon owner response, JAJ-- . AssUtant to the City Administrator 133 r: OkNi ��vMIN Irer.bi N A Location Map /3y s TAX INCREMENT FINANCING IN MINNESOTA Redevelopment TIF District Definition, Requirements and Restrictions A redevelopment district is a type of lax increment financing district in which one of the following conditions exists and is reasonably distributed throughout the district. (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, or other improvements, and more than 50% of the buildings (not including outbuildings) are structurally substandard requiring substantial renovation or clearance A parcel is deemed "occupied" if at least 15% of the area of the parcel contains some type of improvement, or (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right- of-ways For districts consisting of two or more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also quality as a whole. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essentis! utilities and facilities. light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. A building is not structurally substandard if it is in compliance with the building code applicable to a new building or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type A city may find that a building is structurally substandard without an interior inspection or an independent expert appraisal, if there exists "reasonably available evidence" to support this conclusion Such evidence may include size, type, and age of the building the average cost of plumbing electrical, or structural repairs, or other similar information. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are meet (1) the parcel was occupied by a substandard building within a three-year period prior to the parcels inclusion in the district, and (2) if the substandard building was demolished or removed within the three year period, such demolition or removal was performed or financed by the city, or was performed by a developer under a development agreement with the city. In addition, the city must have found by resolution before such demolition or removal occurred that the building was structurally substandard and that the city intended to include the parcel in the TIF district. In the case of (2) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rates) for the current year At least 90 percent of the tax increment from a redevelopment district must be used to finance cost of correcting conditions that allow designation as a redevelopment district These costs include acquiring properties Containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of land, and installation of utilities, roads. sidewalks. and parking facilities for the site The allocated administrative expenses of the City may be included in the qualifying costs /3S DAKOTA COUNn' Memorandum DATE: January 14, 1998 Housing & Redevelopment Authority 6:2.4:1.4w 2496 145th Sc VX • Rem,wnt. hIY 55:6S a TD D 61:•4:3 -SIS: • F+\ 6 TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR CITY OF EAGAN FROM: DON NELSON, REHABILITATION SPECIALIST, DAKOTA COUNTY HRA RE: POTENTIAL CEDARVALE AREA REDEVELOPMENT DISTRICT The buildings within the proposed Cedarvale Area redevelopment district have been inspected and analyzed. The attached results indicate that this area does qualify as a redevelopment district. The district includes 49 primary structures of which 47 buildings are deemed structurally substandard. One of the requirements for establishing a redevelopment district states that 50% of the buildings, excluding outbuildings, must be structurally substandard. A structure is substandard if the cost of bringing it up to current code requirements exceeds 15% of the cost to build a similar new structure. Estimated figures were determined from the Means Square Foot Cost Estimator, the National Construction Estimator and the State of Minnesota Building Valuation Data. Commercial construction items that are most costly to bring up to current standards include. - sprinkler systems -re-insulating and roofing -office remodeling and remodeling to conform to Americans with Disabilities Act (.ADA) -elevators as needed `AN EQUAL OPPORTUNITY EMPLOYER" 136 Sprinkler systems are required by the State Building Code based on the use of the buildings, size of the structures, and type of construction. Cost to retrofit sprinklers is 51.75 - 52.50.!sq.ft. Insulation - The most recent energy code requires a minimum of R-22 in the ceiling of commercial buildings. Cost to remove the gravel, re -insulate and replace the roof, is estimated at 56.93/sq. ft. Office remodeling and ADA remodel in -This consists of: replacing wood framing with metal as required in the larger buildings. Replacing water supply lines that may have been installed using lead, heating and air conditioning updating. ADA standards require accessibility to the buildings and within the buildings, including bathrooms, ramps elevators and parking. Cost associated with this varies with each building. levators to meet accessibility requirements in buildings of more than one story. Cost is approximately $53,100 each. Once a building is analyzed for code deficiencies and an estimated remodeling cost is determined, then a value of new construction is estimated. It is these two values that are used to determine the percentage of new construction cost, and whether the building qualifies as structurally substandard. Single Family dA ellings items that may need to be included in remodeling: -lead in water distribution system -other plumbing issues -egress windows -electrical updating including smoke alarms -additional insulation for ceiling and walls -heating and cooling Nl1 field notes and records relating to this survey are available for review if necessary. If you have any questions please contact me. Don Felson Rehabilitation Specialist, Dakota County HRA cc: Lee Smith 0 REDEVELOPMENT DISTRICT: CEDARVALE AREA % of New Qualifies As Est. S Construction Structurally Location Est. S New Remodel C29 Substandard 3808 Sibley Mem. Hwy. 67,477 25,198 37% YES 3820 Sibley Mem. Hwy. 1,035,939 452,071 44% YES 3830 Sibley Mem. Hwy. 136,806 49,800 36% YES 3840 Sibley Mem. Hwy. 439,400 -0- 0% NO 3880 Sibley Mem. Hwy. 401,613 82,042 20% YES 3900 Sibley Mem. Hwy. 1,259,101 298,670 24% YES 3989 Sibley Mem. Hwy. 210,816 123,887 590/0 YES 3990 Sibley Mem. Hwy. 136,172 47,585 35% YES 3992 Sibley Mem. Hwy. 108,726 28,875 27% YES 3998 Sibley Mem. Hwy. 95,574 82,126 86% YES 4000 Sibley Mem. Hwy. 229,588 101,214 44% YES 3835 Beau D' Rue Dr. 519,794 346,274 67% YES 3883 Beau D' Rue Dr 1,669,933 686,342 41% YES 3990 Beau D' Rue Dr. 197,640 119,220 60% YES 3900 Beau D'Rue Dr. 330,432 62,389 190/0 YES 3902-3938 Beau D'Rue 907,837 385,757 42% YES 138 /39 % of New Qualifies As Est. Est. Construction Structurally Location New Remodel cost Substandard 3940 Beau D'Rue Dr. 85,059 37,244 44% YES 3960 Beau D'Rue Dr. 418,000 181,240 43% YES 3960 Beau D'Rue Dr. 209,000 90,620 43% YES 3960 Beau D'Rue Dr. 385,545 329,576 85% YES 3980 Beau D'Rue Dr. 63,749 26,533 42% YES 3986 Beau D'Rue Dr. 96,440 33,909 35% YES 3996 Beau D'Rue Dr. 119,913 80,533 67% YES 3908 Beau D'Rue Dr. 4,402,800 1,575,891 36% YES 4030 Beau D' Rue Dr. 67,617 60,179 89% YES 4040 Beau D' Rue Dr. 191,016 148,992 78% YES 4030 Cedarvale Dr. 151,417 46,959 31% YES 3900 Cedarvale Dr. 80,110 25,394 32% YES 3902 Cedarvale Dr. 210,816 74,814 35% YES 3904 Cedarvale Dr. 104,354 41,643 40% YES 3906 Cedarvale Dr. 158,112 58,760 37% YES 3908 Cedarvale Dr. 141,588 28,195 20% YES 3910 Cedarvale Dr. 39,528 18,527 47% YES 3912-3914 Cedarvale Dr 106,330 42,433 40% YES 3910-3990 Cedarvale Dr 6,627,200 2,952,257 45% YES 3995 Cedarvale Dr. 94,909 28,457 30% YES /39 % of Nem Qualifies As Est. S Construction Structurally Location Est. S New Remodel Cost Substandard 3997 Cedarvale Dr. 185,760 48,484 26% YES 3999 Cedarvale Dr. 344,572 122,627 36% YES 3994 Cedarvale Dr. 533,987 201,417 38% YES 4015 Cedarvale Dr. 135,196 98,378 73% YES 3985 Cedarview Dr. 732,720 42,932 6% NO 3975 Cedarview Dr. 311,940 137,520 44% YES 3955 Cedarview Dr. 152,813 56,933 37% YES 3945 Cedarview Dr. 207,793 73,385 35% YES 3935 Cedarview Dr. 135,206 46,262 34% YES 3925 Cedarview Dr. 375,665 189,675 50% YES 3890 Cedarview Dr. 67,492 24,670 36% YES 1969-1989 Silver Bell Rd. 1,574,582 562,862 36% YES 1995 Silver Bell Rd. 223,141 60,510 27% YES 4040 Nicols Rd. 118,416 27,169 23% YES 3946 Nicols Rd. 59,106.51 35,233 60% YES There is a total of 51 buildings, 49 or 96% of the buildings meet the requirements to be structurally substandard according to the definition in State Statute 469.174 Subd.10. f:\wp51\dn-add /�o Agenda Information Memo May 5, 1998 Eagan City Council Meeting B. INTERIM USE PERMIT — PARKING ASSOCIATES LLC ACTION TO BE CONSIDERED: > To approve or deny an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW '/< of Section 2, subject to the conditions recommended by the APC. FACTS: > The applicant is requesting and Interim Use Permit to operate a 1,820 car, two- story parking ramp to provide off-site airport parking for up to 15 years. > The proposed parking ramp structure will be constructed to convert into an office/warehouse building which is a permitted use in the Business Park zoning district and consistent with the BP land use designation. > An Indirect Source Permit (ISP) is required for the proposed parking ramp and should be completed in July. An Alternative Urban Areawide Review (AUAR) has been ordered by the City to review the environmental impacts of development on this property and surrounding properties. The AUAR eliminates the need to prepare separate EAW's for each development proposal in the future. The AUAR is anticipated to be completed later this summer. > At their meeting on April 28, 1998 the APC recommended approval of the Interim Use Permit for a term of 5 years, subject to the conditions outlined in the staff report, with some minor modifications. ISSUES: > Term - The City Code does not establish a minimum time limit or define "interim". The City can use its' discretion in determining the appropriate term length. The City can define a specific termination date and/or an event or circumstances that would actuate termination. Historically, IVPs in Eagan have not involved the construction of a new building and most have had terms ranging from 1-5 years. > Conversion to Permanent Use — The City may have concerns about the feasibility of converting the parking ramp to the proposed permanent office/warehouse use to ensure the interim use does not become permanent by default. Through review of detailed construction drawings, the City can make some determination about the technical feasibility of making the proposed building conversion. ATTACHMENTS: > Staff report, pagesthrough -t > Minutes from April 8, 1998 AT meeting, pages..¢hrough� > Letter from Greg Miller (Wispark), pages hrough L70 /y/ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 23, 1998 APPLICANT: Parking Associates, LLC PROPERTY ONVNER: Parking Associates, LLC REQUEST: Interim Use Permit CASE: 02 -IN -02-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Julie Farnham LOCATION: Northeast side of TH 55 south of Blue Gentian Road in the NW '/4 of Section 2 COMPREHENSIVE PLAN: BP — Business Park ZONING: BP -Business Park Parking Associates, LLC is requesting an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW '/. of Section 2. City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Planning Report — Parking Associates, Inc. April 28, 1998 Pace 2 Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. IMM MM111JO 171:1 Part of the airport expansion project involves temporary removal of on-site public parking in addition to relocation of other airport related uses (e.g. rental car businesses). The applicant believes this situation will increase demand for off-site public parking serving the airport. The applicant, working in conjunction with a contractor who is removing an existing parking ramp at the airport, intends to "recycle" the ramp structural materials. Basically, the applicant intends to relocate and reconstruct the ramp on their property in Eagan on TH 55. Given the airport construction schedule, the existing ramp must be removed from the airport by June 1, 1998. y3 Planning Report - Parkmg Associates, Inc Apn128,1998 The applicant has been involved in a series of meetings held over the past 5 months with City staff and other property owners and developers in the area to discuss future internal roadways and TH 55 access limitations. To date, the City's engineering/traffic consultant, SRF, Inc. has completed a concept plan for future roadways and access consolidation in the area. A traffic analysis is also being prepared to forecast traffic volumes in the vicinity through the year 2020. The concept plan and traffic analysis was initially presented to the City Council for comment on April 21, 1998 and received favorable response. Concurrently, the City has requested an Alternative Urban Areawide Review (AUAR) be completed to analyze the environmental impacts of proposed developments within the triangular area bound by 1494 on the north, TH 55 on the west and TH 149 on the east. An AUAR is similar to an EAW and is usually undertaken when the overall development impacts should be analyzed on an area -wide scale. Because several developers 'prop", owners in the area have expressed development interests at the same time, it seemed appropriate to do an area wide environmental review, rather than a series of individual EAWs. It is anticipated that the AUAR draft will be will be complete by mid-June and the final report complete by the end of summer. EXISTING CONDITIONS The total area of the applicant's property is 19.5 acres. However, MnDOT has a right-of-way easement over 2.63 acres extending to the centerline of TH 55, so the usable portion of the property is reduced to about 16.9 acres. The usable portion of the property is currently undeveloped and unplatted. The site is relatively flat and vegetated mostly with grasses. A few significant trees are located near the southwest comer of the site. (• : :111,1110 1 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Residential (Blue Gentian); zoned Ag and R-1; guided BP South - Vacant (PepsiWispark); zoned BP; guided BP East - Vacant (Wispark); zoned BP; guided BP West - TH 55/Industrial; zoned I-1; guided IND EVAI.I ATION OF REQUEST Proposed Use - Parking Associates is proposing to construct a two-level parking ramp for 1,820 cars on this property. The parking ramp will be used as a park and ride facility primarily serving the MSP International Airport. The applicant states that users will generally leave their cars for extended periods (e.g. week average). The ramp will operate 24 hours per day. A shuttle service to and from the airport will be provided consisting of medium sized vans similar to those used by EZ Air Park. The applicant is requesting a 15 -year tetra for the proposed interim use. However, according to the applicant, the actual time period will depend on the market demand for off-site airport parking and/or office -warehouse development. /YY Planning Report — Parking Associates, Inc. April 28, 1998 Pace 4 At staffs request, the applicant also submitted a conceptual plan illustrating the future permanent use of the property to ensure that it would be consistent with the intent and standards of the Business Park district. The permanent use of the property is proposed to consist of an office/warehouse facility with 20% office and 80% warehouse space. Such a use is permitted in the BP district. According to the applicant, the parking ramp footings will be designed to allow the future addition of tilt -up wall panels to enclose the building and convert it to an office'warehouse use. Because a parking facility independent of a principle building use is not permitted in any of the City's zoning districts this request is being processed as an interim use. The Citv can use discretion in determining an appropriate time period for the interim use. Interim uses are subject to annual administrative reviews to ensure compliance. In addition, the City may attach appropriate conditions to the interim use to ensure compatibility and minimize impacts on surrounding uses. Compatibility with Surrounding Area - The compatibility of the proposed park and ride use with the surrounding area will largely depend on impacts relative to traffic generation and aesthetics. The applicant is conducting a traffic analysis in conjunction with an ISP which should be complete in July (discussed later in report). The applicant states that traffic generated by the ramp will not be substantial during peak hours, but will occur more randomly and relate to flight schedules. The parking ramp will be designed to be partially enclosed so the cars will be screened by the ramp "walls". However, due to elevation differences, the top level of the ramp, which is open, will be visible to the residential properties to the north and to a lesser degree, from TH 55 at the intersection with Blue Gentian"Lexington. Details of the ramp and future building design are explained under the "Building Design" section below. In general, the parking ramp appears compatible in design with surrounding industrial uses and potential future business park uses. Existing residential uses may be impacted due to the change from the current undeveloped condition of the property to a more intense use. However the proposed future office'warehouse use would be permitted out -right and would have a similar impact on the residential properties. Again, mitigation of the impacts is largely a function of aesthetics (building design, lighting, screening, landscaping, etc.) and traffic impacts. Site Plan'Setbacks - The proposed parking ramp structure is located on the site to meet all code requirements for setbacks. Setbacks proposed from the north and east property lines anticipate the future roadways and meet or exceed the minimum 40 -foot setback required from a public street. Building Design- The proposed parking ramp structure will be 292,800 s.f. in size and will have two levels with the top level uncovered. The proposed structure occupies about 40% of the usable site area (16.9 acres) which is the maximum building coverage allowed in the BP zoning district. The ramp will be 32 feet tall with a 2.5 foot railing running around the top. The "walls" of the ramp will consist of EIFS panels. The exterior ramp support posts will be clad in limestone y_!r Planning Report - Parking Associates, Inc. April 28, 1998 colored precast concrete. The top and bottom of the exterior ramp elevations will be clad in ribbed precast panels (gray). Portions of the ramp"walls" will remain open to allow ventilation. The proposed ramp materials are consistent with the building material requirements for the BP zoning district. The materials proposed for the future office/warehouse use are the same, however, windows will be added to both the first and second floors. The top of the structure will continue to be used as parking for the offrce"warehouse use. The Fire Department reviewed the plans for the parking ramp and future building and requests that the developer submit additional information with the building permit application. More specifically, they want information sufficient to verify: • the upper ramp level can hold the weight of fire pumper (38,000 lbs.) • standpipes will be provided with coverage of 100' dragging distance • sufficient water supply for coverage of ramp (300 ft. dragging distance from hydrants) • adequate access around the ramp perimeter • minimum access height of 12' to the lower ramp Lighting - The site plan indicates a total of 30 light poles located on the top level of the parking ramp. Of those, 23 will have double luminaires and 7 will be single luminaires. The luminaires will be sharp cut-off fixtures that direct light downward. All light poles will be 20 -feet tall. There are also 20 wall mounted light fixtures proposed around the building exterior. The wall fixtures will be mounted about 28 feet from the ground elevation. Landscaping - The proposed landscape plan includes a mix of deciduous and evergreen trees and shrubs. The size and quantity of the plants generally meet or exceed code requirements for screening. However, the proposed landscaping along TH 55 and the proposed new roads (north and east) consists primarily of over -story deciduous trees spaced 40' apart. The code requires a minimum 3 foot high solid screen where the property abuts a public roadway or property with different zoning. Therefore, a 3' tall hedge planting or berm would meet the minimum code requirements. Given the size and height of the proposed structure and that the cars will be inside the ramp and generally screened by the ramp "walls", over -story trees may provide the most appropriate and attractive landscape treatment. However, a combination of trees and hedge plantings may be a good compromise to consider. Grading'Storm Drainage - The site is generally open and has been previously graded. A majority of the site will be graded in preparation for the proposed development. The first floor elevation of the proposed building is approximately at the same elevation as TH 55 to the west. A portion of the proposed grading is shown within the right-of-way of TH 55. A permit from MnDOT will be required for this work within state right-of-way. The site currently handles storm water runoff from a large area upstream, including TH 55 storm drainage. There is currently a system of drainage ditches and low areas on or adjacent to the site that accommodates this runoff before it discharges through a culvert pipe to Pond FP -1 to the east. An improved storm sewer outlet will be provided when the proposed "Blue Rater Drive- is constructed along the east edge of the parcel (as detailed later in this report). / Y-6 Planning Report - Parking Associates, Inc. Apnl28,1998 Net 6 The developer is proposing to construct a storm water pond in the south portion of the development to handle the existing runoff from upstream as well as from this development. This pond should be constructed to control the post -development runoff rate equal to or less than the pre -development rate. The existing storm sewer pipes within the TH 55 ditch should be extended to the normal water level of the proposed storm water pond to prevent erosion. The drainage and storm ponding plan should be reviewed and approved by MnDOT prior to issuance of a building permit. Wetlands 1Water Ouality -This development is located in drainage basin Fin northeast Eagan. The development will generate runoff that will be discharged first to Pond FP -1, an 18 -acre pond designated as a nutrient trap in the City's water quality management plan. Pond FP -1 in tum discharges to Pond FP -14, a designated stormwater management basin, which then discharges to storm sewer that empties to the Minnesota River bottomlands. There are no recreational classified water bodies dow-ristream of the proposed development. Because of the large size of the development, the high impervious coverage proposed for the parcel, and the fact that Pond FP -1 is a designated state protected wetland which contains wetland mitigation features, staff recommends that the development incorporate on-site ponding to treat runoff from the site. In addition to treating runoff from the development parcel, the pond should also treat runoff from almost 80 acres of area southwest of Highway 55 that currently discharges through two large culverts to a ditch located across the subject parcel. This runoff should be directed to the proposed detention basin for treatment as well. Modeling indicates that the detention basin proposed by the developer (wet volume of approximately 2.7 acre-feet) will be adequate to prevent further water quality degradation in Pond FP -1 under these conditions. All influent pipes should extend to the normal water level of the proposed detention basin and a skimmer of suitable design to the City should be installed on the outlet. There is one area within the parcel which has been identified as having wetland characteristics. Further investigation of aerial photos, soil survey information, and the history of previous grading in the area indicate that this wetland formed inadvertently and is therefore exempt from regulation under the Welland Conservation .Act. The applicant has submitted sufficient documentation to support the exemption and staff therefore recommend issuance of the exemption. Access'Street Design - The City is nearing completion on a traffic study (City Project No. 736 - TH 55/149 Traffic Study) for present and future development in the area bound by 1-494 on the north, TH 55 on the west, and TH 149 on the east. This study will outline recommendations for access consolidation along TH 55, the future re -alignment of Blue Gentian Road and the extension of other internal roadways that will affect access to development in the study area, including this site. Also, a proposed Cooperative Agreement Project with MnDOT for TH 55 is scheduled for 1999 or 2000 that will include access consolidation, frontage roads and possible signalization in the vicinity of Lawrence Avenue at TH 55. The site plan indicates the immediate, short-term access to the site is proposed along the west edge of the site at the location of an existing center median break on TH 55 opposite the Terrace Planning Report - Parking Associates, Inc. April 28, 1998 Motel. This would allow full turning movements into and out of the development. The permanent, long-term access would be from a new road ('Blue ]Fater Dr.") along the east boundary of the site. The new road is conceptually proposed to intersect TH 55 near Lawrence Ave. At the time of this report, MnDOT has not submitted formal comments regarding this proposal. Their comments are expected by the end of April, prior to Council action on this item. However, MnDOT has indicated in preliminary comments that the proposed direct access onto TH 55 will be considered temporary. For access approval, MnDOT will require that the proposed TH 55 access be subject to the following conditions: • The access will become restricted to right in right out movements at time of construction of improvements under the TH 55 Cooperative Agreement Project for access consolidation. • The access must be removed completely (median closed) with construction of internal streets adjacent to and along the north (realigned Blue Gentian) and east ("Blue Water Dr.") edges of the site. These internal streets are proposed to provide full access to TH 55 through a future signal at Lawrence Avenue and/or the existing signal at Blue Gentian. The developer will be required to comply with all conditions imposed by MnDOT regarding the future restriction or modification of access to TH 55. Also, any improvements necessary to TH 55 (e.g. tum lanes, bypass lanes, etc.) as required by MnDOT to provide temporary access to this development should be the responsibility of the developer. These improvements should be satisfactorily completed before an occupancy permit is issued. Easements Rights of Way' Permits - All necessary permits from MnDOT for access, grading and ponding on TH 55 right-of-way should be acquired by the developer prior to issuance of a building permit. The developer should dedicate 35 -feet of right-of-way to accommodate the future internal streets along the north and east edges of the property. Tree Preservation - The proposed development will result in 100% removal of the trees on-site. According to the applicant's tree survey, there are 12 trees existing on-site consisting of cottonwood, ash, and elms (all softwoods) ranging in size from Y-14" in diameter. It appears that 4 of these trees would be considered significant (12" min. diameter). According to the City's Tree Preservation Ordinance, allowable removal for this type of development is 30% of significant trees or woodlands. The City Forester requested additional information from the applicant in order to calculate tree mitigation. At the time of this report, the Forester had not completed his analysis and calculation of the tree mitigation. Additional information in this regard will be presented at the APC meeting. Parks and Recreation - A cash park and trails dedication will be required prior to issuance of a building permit. Airport ?poise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council adopted a revised Aviation Chapter that anticipates Planning Report - Parking Associates, tnc. April 28, 1998 Pace 8 the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In Noise Zone III, parking uses are consistent. Since the proposal is for an interim use, however, applications for a future use may not be consistent or may be required to comply with certain structural performance standards to be acceptable according to MS 473.192. Staff notes the proposed future warehouse use would be consistent but the office use would be provisional. As such the office portion of the future building would need to be designed to achieve a 20 decibel reduction in indoor noise levels. OTHER ISSUES Indirect Source Permit (ISP) - An ISP is mandatory for a new parking facility providing 2,000 or more new spaces and exempt for those providing fewer than 1,000 new spaces. Between 1,000 and 2,000 new spaces an ISP is discretionary. However, if the existing Average Daily Traffic (ADT) on the surrounding roadways is more than 8,300 vehicles per day, an ISP is required. Given the existing ADT on TH 55 in this location is about 12,000 vehicles per day an ISP is required for the proposed parking ramp. The applicant is currently working with a consultant to prepare an ISP. It is anticipated that an ISP could be issued by July. While the City Council can take action on the requested interim use permit prior to issuance of an ISP, neither a building permit, or any construction activity (including storage of materials) can take place on site prior to issuance of the ISP. Environmental Assessment NN orksheet (EAH) - An EAW is discretionary for a new parking facility providing less than 2,000 nem parking spaces. Issues normally addressed by an EAS" will be reviewed as part of the AUAR, so a separate EAW is not needed. As stated earlier, the final AUAR report should be completed later this summer, however, that will be after the ISP is issued. While unlikely, the MnPCA may make issuance of an ISP contingent on satisfactory completion of the AUAR. Term of Interim Use Permit - This is a somewhat unusual IUP request as it involves construction of a new building. Historically in Eagan, interim uses have primarily been non- structural uses or those that utilize existing structures. Because this request involves considerable investment in the construction of a new structure, it poses special considerations regarding the term of the IUP and implementation of the proposed permanent use. Term Length Considerations - The City Code does not establish a maximum time limit or define "interim". The City can use its discretion in determining the appropriate term length. City Code states that an interim use must be deemed "temporary in light of the comprehensive guide plan" and that a "date or event that will terminate the use can be identified with certainty". As such. the City can define an event or circumstances that would terminate the ILP rather than, or in addition to, setting a specific termination date. Historically, most of the rUPs issued by the City have been for 1-5 years. The only longer IUP issued was to allow horses in an R-1 zone for 10 years. However, each request is unique and the City must evaluate them independently. /y9 Planning Report - Parking Associates, Inc. Apn128,1998 Paee 9 The applicant is requesting a term of 15 years, depending on demand for office/warehouse in the area, and presumably, demand for off-site airport parking. To provide a glimpse of the demand "picture" for off-site airport parking staff has obtained information from some providers in the airport vicinity, including the MAC, Park and Fly ramplot in Bloomington, and EZ Air Park in Eagan. Construction at the airport will displace about 350 of the 8,150 existing on-site public parking spaces. Over the next two years new parking ramps will be constructed to replace and expand the total amount of on-site public parking. By the end of 1999 it is anticipated that 1,200 new parking spaces will be available and by the end of 2000, 6,000 new spaces will be available for public use. MAC staff stated that the new parking is expected to accommodate anticipated demand through about 2005. However, they noted that once the 6,000 new spaces are constructed there won't be any more space at the airport to provide additional on-site parking in the future. It was also noted that existing parking ramps operate at about 96% full capacity. The current fee for on-site ramp parking is $14 per day. MAC staff also noted that an existing off- site public park and ride in St. Paul (off Shepard Rd.) was recently purchased by Hertz (rental cars) resulting in a permanent loss of 1,000-1,200 park and ride spaces in the vicinity. The Park and Fly ramp in Bloomington provides 968 spaces and has been in operation for 3 years. The ramp is part of an operation that also includes an adjacent 1,097 stall surface parking lot. The ramp'lot manager indicated that the ramp operates at an average of 50% full capacity while the surface lot is usually 70-80% full. Ramp use appears to Fluctuate with the weather, as higher use tends to occur during winter months. It is also cheaper to park in the surface lot than the ramp ($8 vs S12). The average stay in the ramp'lot is 4 days. This facility operates 24 hours Per day and is located about 7 minutes from the airport, with shuttle service available every 3-5 minutes. EZ Air Park in Eagan provides surface parking for about 1,100 cars. The manager indicated that lot use peaks during the winter months (Jan. -Mar.) when capacity averages 730 cars per day. During the rest of the year the lot usually holds about 350 cars per day. This facility operates 24 hours per day. And is located about 8-10 minutes from the airport with shuttle service available even, 5-10 minutes. Parking fees are $8.50 for the first 24 -hours and $7 for each 24-hour period there after. Conversion to Permanent Use - The primary concern that the City may have is whether the ramp structure can technically be converted to the proposed permanent office. warehouse use in an economically reasonable manner. If the cost of converting the ramp to an office warehouse is too high, the property owner (at time of ILP termination) may not have the economic means to implement the conversion, and by default, the use becomes permanent. While it is not within the City's purview to assess the economic means of the property owner, the City can make some determination of whether the ramp structure can technically be converted to the permanent use. However, the applicant will need to submit additional information (e.g. detailed building and fire code analysis for interim and permanent uses) in order for the City to make such a determination. /sv Planning Report — Parking Associates, Inc. April 28, 1998 PaRe 10 SUMMARY/CON'CLUSION The applicant is requesting an Interim Use Permit to construct and operate a parking ramp to provide off-site airport parking for up to 15 years. The two-level, 32 -foot tall structure will provide 1,820 parking spaces. According to the applicant, the ramp structure will be designed to convert into the proposed permanent office,'warehouse use. An Indirect Source Permit (ISP) will be required to allow, the proposed new parking facility. The applicant is currently preparing the ISP report and an ISP is anticipated to be issued by July. No construction activity can occur on site prior to issuance of the ISP. If the City finds the proposed parking facility use acceptable it will need to determine whether the requested 15 -year IUP term is appropriate or if another term length should be considered. The City- can also specify circumstances or events that could also terminate the use. In addition, conditions to mitigate potential impacts can also be imposed on the interim use. A. To recommend approval or denial of an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NIA' Y. of Section 2, subject to the following conditions: The permit shall terminate upon the earlier of June 1, 2013 or the occurrence of a specific event(s) as identified by the City that would trigger termination. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. The Interim Use Permit shall not be issued until an ISP has been issued in connection with this project. The developer shall submit a complete building and fire code analysis for both the proposed interim and permanent uses with application for a building permit. 5. No building permit or any other construction activity (grading, material storage, etc.) may occur on-site prior to issuance of an ISP. 6. The property shall be platted and recorded with Dakota County, 7. The fUP shall be recorded with Dakota County within 15 days of ISP issuance. 8. This development shall be subject to a cash dedication for parks and trails prior to issuance of a building permit. Planning Report - Parking Associates, Inc. April 28, 1998 Paae 11 Drainaee and Utilities The existing storm seiner pipes within the TH 55 ditch shall be extended to the normal water level of the proposed storm water pond to prevent erosion. 10. The drainage and storm ponding plan shall be reviewed and approved by MnDOT prior to issuance of a building permit. 11. The developer shall provide storm water ponding to control post -development runoff to equal or less than that of pre -development conditions. 12. The City Council must approve a public improvement project for the installation of utilities to serve this development prior to the issuance of a building permit or the de%eloper'owner must install them in accordance with City standards per a formal agreement. Access and Easements 13. The developer shall comply with all conditions imposed by MnDOT regarding the future restriction or modification of access to TH 55. 14. Any improvements necessary to TH 55 (tum lanes, bypass lanes, etc.) as required by MnDOT to provide temporary access to this development shall be the responsibility of the developer. These improvements shall be satisfactorily complied with before an occupancy permit is issued. 15. The developer shall obtain all necessary permits from .%1nDOT for access, grading, and ponding on TH 55 right-of-way prior to issuance of a building permit. 16. The developer shall dedicate 35 -feet of right-of-way to accommodate the future internal streets along the north and east edges of the property. /-S-em 0:01�:I1[01I■1'1:1• Comprehensive Guide Plan Map BP eee a aoo ew r... Development/Developer: Parking Associates, LLC Case No.: 02 -IN -02-03-98 Current Guide Plan Designation: BP BUSINESS PARK City of Eagan /'s y City of Eagan Community Development Department 1-1 Zoning Map BP Subject Site 1 eP Development/Developer: Case No.: Current Zoning: +City of Eagan 1.1 1.1 Parking Associates, LLC 02 -IN -02-03-98 BP BUSINESS PARK 13 �7 N O M1ti. �L 5 ' 'f AMLAW a n . u - w� ir��nnrtn 1Y S Mri M >♦ IA MSI Iltll YIYI W � � �1 LIIILC 1.Ws IYM� iMA W V w1 if1 iY I A � IAIY 1•! rtn w p.. wi .Y rrw rtn . a YKOY W � I A . lYr YIf M YM MI wi �O �I{ nn . iM 04 MYL IOY�O . Y1 tWl wAsi �OIt., �liy W � M� M!l I.WI ids., Mei W ..w IW Ii GROUND LEVEL PLAN Yrwc gra .SII Jill PARAUOUNT Y / rA1n SAYI ASSOCIATES. IMC GRAND o" COrYLRa C[IRCR GRADING ruM �_ ^ go -i y .I �,•�' mw,an� O,t m� u• 11Ri l GUW !)AK,COMMENCE CERM I s '•� �I T un PLM s r .,.yeas%M— R e'er / (\�v 65/ V r F 7 O hSW El. GMND OUCDYYECE CENTER �.w -- K�� ..� UNMG►C IWI ewu.. o�w o�11 " MO om c"WENC[ etwo Page 4 Apn128, 1998 r ^, ADVISORY PLANNING CONNUSSION PUBLIC HEARINGS INTERIM USE PERMIT & VARIANCE PARKING ASSOCIATES, LLC Commission Chair Heyl opened the fust public hearing of the evening regarding an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NWI/. of Section 2. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated April 23, 1998. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Farnham noted that the request for a variance was withdrawn by the applicant. David Sellegren, the attorney for the applicant stated that the applicant is in agreement to all of the conditions outlined in the City staff planning report. He further outlined and described the parking facility use proposed under the interim use permit, as well as the long-term use as an office/warehouse facility. He specifically noted that the parking facility structure is designed and will be constructed to accommodate a conversion into an office/warehouse building. The representative described the intended operations of the parking facility with 70% to 80% occupancy, resulting in 400 to 500 cars per day, noting that a three-story office building, which is a permitted BP use would generate more traffic than the parking facility during peak hours. Mr. Sellegren concluded by stating that a 15 -year interim use permit is required to justify the physical and financial investment in the parking facility. Chair Heyl opened the matter for public hearing. John Lundquist, a representative of Wispark Corporation stated that Wispark Corporation does not object to the proposal itself, but feels approval is premature until the ALAR Study is complete and a more detailed review of the economic and technological feasibility of the proposed use is done. He stated Wispark Corporation is concerned that the proposed 15 -year term is too long and could hinder development consistent with BP in the area. They are also concerned that there are no assurances the use will be converted to the permanent use. Charles Nolan of E -Z Air Park stated that he opposes the project for lack of its economic viability. Mr. Nolan explained that E -Z Air Park has been struggling for profitability and full occupancy of its facility. Mr. Nolan stated that a park and ride facility across the river from the airport is less profitable than a park and ride along the /g Page 5 Apn1 28, 1998 ADVISORY PLANNING COMMISSION 494 strip or even closer to the airport. He also stated that the parking fees relate to distance from the airport and questioned the ability of the ramp to charge enough to cover their costs. Marilyn Sandford, a resident from Blue Gentian Road stated that she was speaking on behalf of the homeowners on Blue Gentian Road, but acknowledges that not all homeowners agree on all issues. The resident stated that she objects to the project because of the uncertainty of its feasibility, results from winter salt runoff and most importantly, the esthetics and lighting on the roof top. Chair Heyl closed the public hearing. Member Carlson stated that the City conducted a study of this area and a park and ride facility was not contemplated as part of the long-term Business Park use for this area. Member Carlson stated that the park and ride is not a permitted use on the subject property and the proposal is too intrusive for an interim use. In response to Member Segal's inquiry, Ms. Farnham explained the TIF district boundary and anticipated uses in the area. Ms. Farnham stated that the surrounding properties are zoned BP except for existing and residential zoned properties. Ms. Farnham further stated that the Comprehensive Guide Plan designates the entire area for business park uses, but no master plan has been prepared by the City. In response to Chair Heyl's inquiry, Charles Henrich of Parking Associates, LLC, explained that when the parking facility structure is ready for conversion into a office/warehouse building, the interior of the structure will be converted into office and warehouse use and parking will be provided on the roof, eliminating the need of additional parking spaces surrounding the structure. Member Frank noted that while he believes that there will be a use for a 30 -foot warehouse space, he does have a concern regarding the impact of the parking and lighting on the residents. Member Carlson stated that she does not support the proposal because it is not compatible with the intended Business Park uses as contemplated when the City rezoned the surrounding property. Member Carlson further stated that the proposed use is not compatible with the area and is inconsistent with the surrounding uses. She concluded that she deems the roof parking of vehicles, even for three to four days, is outdoor storage which the City intended to avoid by rezoning the property as business park. Member Bakken expressed concern that upon the expiration of the interim use permit for the parking facility, the applicant is under no commitment to follow through with the proposed permanent office/warehouse use. Chair Heyl noted that the applicant has an economic incentive to follow through with the intended project upon the expiration of the interim use permit because of the investment made in the property. As I63 Page 6 �. . Apnl 28, 1998 ADVISORY PLANNING CONMSSION such, she does not thing a formal commitment is necessary. In response to Member Bakken's inquiry, Assistant City Anomey, Sharon Hills, advised the APC that the interim use permit cannot be conditioned on applicant's agreement or commitment to convert and construct the office/warehouse building upon the expiration of the interim use permit because upon the expiration of the permit, there are no longer any conditions to enforce. Member Segal stated that he has no concern with the proposed roof parking. noting that it is less intrusive than ground parking. Segal further stated that because the proposed park and ride facility is not compatible with a business park use or the nearby TIF district intended uses, the appropriate term for this interim use of the subject property for a park and ride facility should not exceed five years which fits within the Metropolitan Airport's construction schedule. Member Segal moved, Member Bakken seconded, a motion to recommend approval of an Interim Use Permit to operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the N"1'1/. of Section 2, subject to the following conditions: 1. The permit shall terminate five years from the date of the issuance of the certificate ofoccupanc}. 2 The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. The Interim Use Permit shall not be issued until an ISP has been issued in connection with this project. 4. The developer shall submit a complete building and fire code analysis for both the proposed interim and permanent uses with application for a building permit. 5. No building permit or any other construction activity (grading, material storage, etc.) may occur on-site prior to issuance of an ISP. 6. The property shall be platted and recorded with Dakota County. 7. The IUP shall be recorded with Dakota County within 15 days of ISP issuance. IWa Page 7 April 28, 1998 ADVISORY PLANNING COMMISSION 8. This development shall be subject to a cash dedication for parks and trails prior to issuance of a building permit. 9. The developer shall provide all information as required by the City Forester before the issuance of any grading permit and shall submit a tree mitigation plan and comply therewith as approved by the City. 10. The developer shall provide a combination of trees and hedge plantings for screening of the property as required by City Code. 11. The roof parking lighting shall be installed as to provide all light illumination directed away from the residential properties. 12. The parking facility structure shall be constructed of materials acceptable and in compliance with the business park zoning requirements. Drainage and Utilities 13. The existing storm sewer pipes within the TH 55 ditch shall be extended to the normal water level of the proposed storm water pond to prevent erosion. 14. The drainage and storm ponding plan shall be reviewed and approved by MnDOT prior to issuance of a building permit. 15. The developer shall provide storm water ponding to control post - development runoff to equal or less than that of pre -development conditions. 16. The City Council must approve a public improvement project for the installation of utilities to serve this development prior to the issuance of a building permit or the developer/owner must install them in accordance with City standards per a formal agreement. Access and Easements 17. The developer shall comply with all conditions imposed by MnDOT regarding the future restriction or modification of access to TH 55. 18. Any improvements necessary to TH 55 (tum lanes, bypass lanes, etc.) as required by MnDOT to provide temporary access to this development shall be the responsibility of the developer. These improvements shall be satisfactorily complied with before an occupancy permit is issued. /6.s Page 8 Apn1 28, 1998 ADVISORY PLANNING CONSUSSION 19. The developer shall obtain all necessary permits from MnDOT for access, grading, and ponding on TH 55 right-of-way prior to issuance of a building permit. 20. The developer shall dedicate 35 -feet of right-of-way to accommodate the future internal streets along the north and east edges of the property. All voted in favor, except Member Carlson opposed and Member Steininger abstained. z` 7WISPARK CORPORATION 140 Metropolitan Centre. 333 South 7th Street, Minneapoln. MN 55402 April 13, 1998 Ms. Julie Farnham City of Eagan Community Development Department Planning Division 3830 Pilot Knob Road Eagan, MN 55122 RE: PROPOSED PARKI\G DECK ("PROPOSED DEVELOPMENT") Dear Julie: (612) 3132700 Fax (612) 3132701 Pursuant to my recent conversations with you and John Gorder, this letter is to provide you s%ith WISPARK's comments on the proposed development of a 2 level parking deck adjacent to the land owned by WISPARK in the quadrant bounded by Highways 55, 149, 1-35E &: 1-494 in Eagan. The above -referenced project is referenced herein as the "Proposed Development." As you are aware, WISPARK has been aggressively acquiring numerous parcels of land adjacent and in the vicinity of the Proposed Development. To date, we have acquired or executed purchase agreements on approximately 80 acres. We are planning to develop an upscale master -planned business park entitled "Grand Oak Business Park." To date, we have committed to invest almost 55,000,000 in land alone and are pursuing some additional acquisitions as well. We anticipate over 540,000,000 in total investment in developing this land over the next 3-5 years with the first phase (a 3 -story Class A office building approved by the City of Eagan in March) planned to begin this summer. The Proposed Development borders all of this investment immediately to WISPARK's west and, therefore, the quality and appropriateness of this project is of great concern. WISPARK's desire is to see this parcel developed in accordance with the site's zoning and in a manner consistent with the remaining developments contemplated for this quadrant. WISPARK has a number of serious concerns about the Proposed Development. NVISPARK's concerns are as follows' 1) The Proposed Development is not permitted within the current zoning for this land and is also an inappropriate use for the site based on the proposed neighboring developments. 2) The Proposed Development requests approval as a "temporary use," however, rhe temporary time period being requested far exceeds an)• reasonable definition of temporary. 3) The Proposed Development may not be converrible to the proposed permanent use as currently designed without unrealistic modifications; therefore, making the temporary nature of the proposal highly questionable. 4) There are serious engineering concerns with the Proposed Development that could adversely impact I{7SPARK's adjacent land. 5) The aesthetics of the Proposed Development are not consistent with the contemplated upgrading of this area. The following is a more detailed discussion of these issues as set forth above: 1) The Proposed Development is not permitted within the current zoning for this land and is also an inappropriate use for the site based on the proposed neighboring developments. The site is currently zoned Business Park ("BP") district. The BP district is intended to accommodate development of low intensity office, light industrial, and supporting commercial service uses that may be suitable in relatively close proximity to non- industrial development. More intensive industrial uses which require outdoor storage and high truck traffic are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. Office buildings, office/warehouses and office/showrooms are permitted uses in the existing BP district. The City Zoning Ordinance ("Zoning Ordinance") defines office/warehouse as "a multi -tenant building with gross floor area consisting of at least 15% office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions" (Zoning Ordinance, Section 11.03). The Zoning Ordinance defines "office/showroom" as "a multi -tenant building with gross floor area consisting of at least 30% finished office space, in addition to showroom, warehousing and distribution uses including product display, storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions" (Zoning Ordinance, Section 11.03). Other BP permitted uses included, but are not limited to financial institutions, and banks without drive-through; processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable state standards; research laboratories, when wholly contained within a building and which meet and maintain all applicable state standards; and technical, vocational and business schools. BP conditional uses included day-care facilities, financial institutions, and banks with drive-through facilities, health care facilities, health and fitness clubs, hotels and motels, and Class I restaurants. /647 The minimum lot area in the BP district is 1.5 acres or 65,340 square feet. Minimum lot Width is 100 feet and minimum principal building setbacks are: a) Front, 40 feet or 50 feet abutting a minor arterial, highway or interstate; b) Side, 20 feet or 40-50 feet abutting a minor arterial, highway or interstate per Zoning Ordinance Section 1 1.10, subd 6: c) Rear, 30 feet or 40-50 feet abutting a minor arterial, highway or interstate per Zoning Ordinance Section 11.10, subd. 6. Maximum building coverage is 40% of total lot area, and maximum building height is 45 feet. Parking ramps are not a permitted principal use in the BP district and the Proposed Development clearly does not fit the intent of the business park land use designation and zoning. WISPARK relied on the zoning in this area when we invested in this land in Eagan. 2) The Proposed Development requests approval for as a temporary use, however, the time being requested far exceeds wky reasonable definition of temporary. A substantial portion of the surrounding area for business park use appears likely within three to five years. As a result, there is a serious question as to the public benefit of approving the Proposed Development under the currently proposed terms and conditions. The Proposed Development has been proposed as a "temporary use" for this site. The requested term of the temporary use is 15 years. We do not believe 15 years represents an appropriate temporary use period for any commercial property development. Most building components, if not maintained properly, will not even last 15 years. There is a strong potential that the owner will not remain economically motivated to maintain the property over such a long period of time. As items begin to need maintenance or replacement, the owner's motivation to make these ongoing investments will be very limited as they will be faced with the prospects of not being able to recover their additional investment over the project's remaining life. We believe 3-5 years is a more traditional temporary use period for a commercial real estate project, without the ability to extend. 3) The Proposed Development may not be con verrible to the proposed permanent use as currentl- designed without unrealistic modifications; therefore, making the temporary mature of the proposal highlr questionable. We have reviewed the current plan in terms of the owners' ability to convert the interim facility to a permanent improvement that conforms to the current zoning. We believe that the ability of the owner to convert this facilit} to another use is highly questionable. We believe a promise to do so in the future should at least be accompanied by detailed architectural and engineering plans as well as a sizable bond or letter of credit to insure the ability and willingness of the owner to convert the property as promised. 10 4) There are serious engineering concerns with the Proposed Development that could adversely impact 117SPAR6's adjacent land. WISPARK has retained Sathre-Bergquist, a Twin Cities based engineering firm who has surveyed all of WISPARK's property in Eagan, to review the utility plans for the Proposed Development as they pertain to WISPARK's Proposed Development. Their comments are contained in a letter attached hereto. S) The aesthetics of the Proposed Development are not consistent with the contemplated upgrading of this area. Prior to WISPARK's acquisition of the parcels in this area, we had a number of conversations with City staff concerning the zoning and contemplated improvements for this area. We also commissioned a regulatory analysis of the sites we were acquiring, which addressed land use regarding zoning and permitted uses within this area. The report also researched the creation of this zoning category and what was intended by the City of Eagan to be developed under this zoning. Given the parcel's guiding and zoning, its visibility 8 strategic location (not only in Eagan but also in the overall metropolitan area) and the City's desire to see this area upgraded (as evidenced by the Redevelopment TIF District that was created in the area), we believe that business park use is the most appropriate land use for the subject property. Approval of a 15 -year interim use permit for the Proposed Development may jeopardize or unnecessarily delay the property's ultimate development for a land use compatible with the City's business park vision for the entire area. We are also concerned that the Proposed Development may adversely impact WISPARK's ability to develop the surrounding land in a quality manner. While the above is not an exhaustive analysis of the issues generated by the Proposed Development, we believe they are adequate to convey the level of WISPARK's concern with the use being proposed. We hope that each of these concerns will be thoroughly analyzed and considered by the City. As always, I am available at your convenience to discuss these or any other issues in more detail. Your attention to this matter is appreciated. Sincerely, %V]1 ARK CORDO I01 �iregory S. 9il r, IMM Regional it for /kjr cc: Linda Fisher, Larkin Hoffman, Daly S Lindgren Tom Colbert, City of Eagan Jon Hohenstein, City of Eagan �2O Agenda Information Memo May 5, 1998 Eagan City Council Meeting C. INTERIM USE PERMIT— WAYZATA BAY CENTER COMPANY ACTION TO BE CONSIDERED: To approve/deny an Interim Use Permit converting 10,000 sq. ft. of the existing Cedarvale Shopping Center into classroom space for Independent School District 191's Special Needs program located at 3914 Sibley Memorial Highway. FACTS: • The proposed Interim Use will allow the School District to support up to 50 students, grades 7-12, with emotional/behavior needs at the specially designed facility at Cedarvale. • The 10,000 sq. ft. tenant space was formerly occupied by Snyders Drug Store and is currently vacant. With the exception of physical education activities at Bally's Swim and Fitness, all school -related activities will occur within the leased space and all student transportation to/from the facility will be via school buses/vans. • At its regular meeting on April 28, 1998, the Advisory Planning Commission recommended approval subject to the conditions listed in the minutes. ISSUES: • Although compatibility of this use at this location is difficult to determine, the Planning Commission received assurance there would be a high adult to student ratio and determined that because the facility essentially would be self-contained, this would be a reasonable use at this location. BACKGROUND/ATTACHMENTS: (2) Minutes of the April 28, 1998 APCeetmg, pages � through Z23. Staff Report, pages throughOP . Page 9 Apn128. 1998 ADVISORY PLANNING CO)vMSSION INTERIM USE PERMIT WAYZATA BAY CENTER COMPANY Commission Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the Burnsville - Eagan -Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Highway in the NE'/. of Section 19. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated April 3, 1998. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Greg Larson, a representative of the applicant, advised the APC that the requested ten-year term for the permit was for economic feasibility of the improvements to be made to the site. Sue Grissom, the School District Program Director, stated that the purpose for the use at Cedarvale is to bring District students back from schools outside the District. Ms. Grissom described the proposed school and education operations at the subject site. Ms. Grissom also noted that the recommended Condition No. 2 for school operations be limited to 8:00 a.m. to 3:00 p.m. is problematic in that teacher activities occur after 3:00 p.m., while student activities do cease at 2:30 p.m. Ms. Grissom advised the APC that the applicant is in agreement to Condition No. 2 if amended to state that student hours shall be limited to 8:00 a.m. to 3:00 p.m. Ms. Grissom advised all other conditions are acceptable to the applicant. In response to Member Steininger's inquiry, Ms. Grissom advised that the student's access into the school facilities will be direct outside access and will not be through the shopping area. Chair Heyl closed the public hearing. Member Segal moved, Member Frank seconded, a motion to recommend approval of an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the Burnsville - Eagan -Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Highway in the NE'/. of Section 19, subject to the following conditions: 1. The permit shall be terminated on June 1, 2008. 2. Student hours shall be limited to 8:00 a.m. - 3:00 p.m. 3. The number of students shall be limited to 50. / t2? Page 10 April 28, 1998 ADVISORY PLANNING COIvMSS1ON 4. All students shall be bussed to and from the site. S. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. the interim use permit may be revoked for failure to comply with any condition of the permit following the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. All voted in favor. /�3 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 3, 1998 APPLICANT: Wayzata Bay Center Co. PROPERTY OWNER: Same REQUEST: Interim Use Permit LOCATION: Cedarvale Shopping Center CASE: 19 -IN -01-03-98 HEARING DATE: April 28, 1998 PREPARED BY: Michael Ridley COVPREHENSIVE PLAN: Community Shopping Center (CSC) ZONING: Community Shopping Center (CSC) Wayzata Bay Center Company is requesting approval of an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the $urnsville-Eagan-Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Hwy in the NE '/. of Section 19. RAN I Mei L1108 918); 14 am I VA City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. /9y Planning Report - ISD 191 ILP April 28, 1998 Page 2 City Code Chapter 11, Section 11,40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. MIM"XIIN"I 2116IM3111 The Cedarvale shopping center was the city's first community shopping center. Cedarvale provided a significant retail component in the pre -interstate era of Eagan. Access was provided via Cedar Avenue, Highway 13, and local streets. Construction of the Cedar Avenue freeway and the re -alignment of Highway 13 in this area resulted in a somewhat convoluted access to the center. Combined with changes in retail shopping needs and the addition of more and newer Planning Report — ISD 191 IUP April 28, 1998 Page 3 retail alternatives adjacent to the new interstate freeway, Cedarvale's vitality as a community shopping center began to wane. For about the last decade, Cedarvale has been functioning as more of a destination/service center while Town Centre, Cliff Lake, and the Promenade are primarily serving the city's community shopping retail needs. EXISTING CONDITIONS According to Susan Grissom, Director, Individualized Student Services, ISD 191 currently uses Intermediate District 917 to serve many students with emotional/behavior needs. They are at six different locations, four of which are in other schools outside of the district. They intend to have between 36 and 50 students in grades 7-12 at a specially designed facility at Cedarvale. ISD 191 is proposing to remodel and occupy the 10,000 SF of space recently vacated by Snyders. Attached are narratives from Ms. Grissom and Mr. Gerald Ackerman, Interim Superintendent. The Cedarvale area is currently being considered as a potential Tax Increment Financing (TIF) Redevelopment District. If the Council creates such a district, a redevelopment strategy for the area will be produced. The impact of redevelopment to the Cedarvale Center, if any, is unknown at this time. KN:7,Tra11i hmeawl 4-W All of the property immediately surrounding the Cedarvale shopping center is zoned and guided Community Shopping Center. EVALUATION OF RFOUFST Compatibility with Surrounding Area - The compatibility of this use at this location is difficult to determine. The proposed use is not listed as a permitted or conditional use in the CSC zoning district. The Interim Use Permit process may allow for the introduction of a use in an area where it would not normally be allowed. The compatibility of the proposed use will not likely be known until the use is in operation. Site Plan - The proposed use will have no visible impact on the exterior of the existing building or the site in general. Term - The applicant is requesting a ten year term for this permit. A portion of the City's authority to grant an IUP requires that the date or event that will terminate the use can be identified with certainty. Staff notes that it may be prudent to initially limit the term of this permit to a lesser amount of time. Once the Special Needs program has operated for a year or two, the city would be in a better position to determine the suitability of this use at this location. / %6 Planning Report — ISD 191 lUP April 28, 1998 Page 4 �Iw ki In :�YLaisIYa7�ilb9� The proposed use is not permitted or conditional in the CSC zoning district; however, the use can be allowed via an Interim Use Permit. The term of the permit must be fixed. The applicant is requesting a ten year term. ACTION TO BE CONSIDERED To recommend approval or denial of an Interim Use Permit (IUP) to allow for 10,000 SF of the existing Cedarvale shopping center to be converted into classroom space to accommodate a portion of the Burnsville -Eagan -Savage Independent School District 191 (ISD 191) Special Needs program located at 3914 Sibley Memorial Hwy. If approved, the IUP shall be subject to the following conditions: 1. The permit shall terminate on June 1, 2008. 2. School operations shall be limited to 8:OOam — 3:OOpm. 3. The number of students shall be limited to 50. 4. All students shall be bussed to and from the site. 5. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 0AVere11toISO 11l:l• oil IIIt* ■1'1: !' 1 r� ►_ M C EDARVALE 3 e l rauou20 C.Daav 1CYY00� Y w m MMfAMN CLAM IANUN A .hX Inc FJN n CEDARVALE SCHOOL Q mtty m ClA1t l"WN • • A.rA„bbl•v -t � I W .vr l •uY1..++ nAw pw :. . 11••11 f•, •p JM ,Yp .l Nd�il. ri •. i e♦t• cv.. �... i CEDARVALE SCHOOL i '(wP•14: 40. � Y•MA�.MI N1 ".� p •'i i'•1 1 • I,NI. or11oN'q' sin Al BURNSVILLE•EAGAN-SAVAGE INDEPENDENT SCHOOL DISTRICT 191 Individualized Student Services • (612)707-4000 • Fax (612) 707-4002 Ccdar School • 21.30 DiffIcy Road • Eagan, Minnesota 55122 March 16, 1998 Mr Paul Anderson W9rtancn. Clark. Larsen Aichaw.,, Inc 1133 Utica A%c S Minneapolis. MN 55415 Dear Mr Anderson. The follow mg information is being provided to you in response to your inquiry 1 hope it answers your questions regarding the proposed program at C'edarvale The Burnsville -Eagan -Savage School District currently uses Intermediate Dtstnct #917 to sine many students with emotiunal/behavior needs The% are at siN different locations, 3 of which are in other schools located outside of the district We intend to bnng back 36 students from District 0917 and sine up to 64 students at a specially designed faciim at Cedar%aie Characteristics of Students Eventually up to 61 students in grades 7 - 12 would be educated at Cedarvale All students demonstrate the need for small group instruction because of learning difficulties. behaytor difficulties or emotional difficulties. Man% of the older students work half of the day Others are mainstreamed into their respccu%e home school buildings fur a porion of the day Transportation All students wuuld be bussed to Cedary ale Since we bus from allover the district. I anticipate there will be 2 - 1 busses The% would load and unload at the program entrance on the north side of the building Student Hours We anticipate student hours will be from 8 00 - 230 pm Stats We anticipate a teaching statf of 8 in addition to a program director located un -site There will be I U educational assistants A high studenuteacher ratio will be maintained. Program Components. This will be an educational setting Students will be in class learning In addition students will receive assistance with problems the% are rcpcncncing in lite We will assist them through counseling and problem -solving We will provide lifetime fitness opportunities by working with Bally's and one of our physical education teachers I hope this answers most of your questions Please call me at 707.1UUU if you need any additional information. Sincerely. Su,an"```` I G ssom Dir"tur. individualized Student Senices An Equal Opporrunur Fmp(a.r EEBURNSVILLE • EAGAN • SAVAGE INDEPENDENT SCHOOL DISTRICT 191 Administrative Services Center • (612) 707-2001 • Fax (612) 707-2002 100 River Ridge Court • Burnsvillc, Minnesota 55337 Superintendent of Schools March 23, 1998 Tom Hedges, City Manager City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Cedarvale Shopping Cerfer Dear Tom, We are considering the lease of space at Cedarvale Shopping Center to be used for special education classrooms. Initially we would rent 10,000 square feet and accommodate 36.50 students. Ultimately we may want additional space to accommodate an enrollment of 70-80 students. The program would be for students in grades 7.12 who are in need of a more restrictive and intensive education than a traditional school environment can provide. These students need small group instruction because of learning, emotional or behavior difficulties. Many of the students work part of the day or are mainstreamed in their home school for a portion of the day. It is my understanding that in order for the school district to use this space, an interim use permit is required. The leasing agent has applied for the interim use permit and the proposal is to be considered by the Planning Commission in April and by the City Council in early May. This letter is to support the interim application submitted by Cedarvale Shopping Center for school use of a portion of the building. Because considerable build -out will be required, we will need a lease commitment of approximately ten years so that these costs can be amortized We hope that the interim use permit would permit our occupancy for an extended period of time wrth the possibility of some expansion in the future. This is an important issue for us as we are depending on use of the space for Fall 1998. If there is any reason to believe that the proposal is in jeopardy, we would appreciate knowing as soon as possible so that we can make other plans. Tila;-rrks fcr You, ccnsiueration and CCCyarat:0 S er Gerald A. Ackermann Interim Superintendent cc: Sue Grissom li 0 Equal Opporiumm Emplu,rr Agenda Information Memo May 5, 1998 Eagan City Council sleeting D. REZONING — LIBERTY PROPERTY TRUST ACTION TO BE CONSIDERED: To approve/deny a Rezoning from Limited Industrial (I-1) to Business Park (BP) for Lot 3, Block 1, Eagandale Corporate Center. FACTS: The subject parcel is part of the 200 acre Eagandale Corporate Center Subdivision. In April 1997, the City Council rezoned the southerly 80 acres to Business Park. This site is platted as Lot 3, Block 1, Eagandale Corporate Center, and is located in the northerly 120 acres of the site zoned Limited Industrial. The proposed rezoning appears consistent with existing and anticipated land uses. The rezoning will extend existing BP zoning to the entire Yankee Doodle -Lexington Avenue perimeter of the 200 acre site except for Lot 2, Block 1, Eagandale Corporate Center which consists of approximately 400' of frontage along Lexington Avenue and is zoned Limited Industrial. At its regular meeting on April 28, 1998, the Advisory Planning Commission recommended approval of this rezoning. ISSUES: • If approved, staff will initiate a Comprehensive Guide Plan Amendment changing the land use designation on this parcel from Industrial to Business Park. BACKGROUND/ATTACHMENTS: (2) Minutes of the April 28, 1995 APC meeting, pages Z96tlmnag!r Staff Report, pages 1'2'7 through /9Z. /gS Page 11 April 28, 1998 ADVISORY PLANNING CONINOSSION REZONING LIBERTY PROPERTY TRUST Commission Chair Heyl opened the next public hearing of the evening regarding a Rezoning from Limited Industrial to Business Park for a 7.8 acre parcel (Lot 3, Block 1, Eagandale Corporate Center) located on the east side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW'/. of Section 11. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City stasis planning report dated April 20, 1998. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant's representative stated that he welcomes any questions the APC may have. No persons were present for comment and Chair Hey) closed the public hearing. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Rezoning from Limited Industrial to Business Park for a 7.8 acre parcel (Lot 3, Block 1, Eagandale Corporate Center) located on the east side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW'/. of Section 11. All voted in favor. Member Segal was absent from discussion and vote. E -W PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 1998 APPLICANT: Liberty Property Trust PROPERTY Ov1'NER: Lynner Prop., LLC REQUEST: Rezoning [s1:�9 B;ie:ilSt7t�i7cEI:? HEARING DATE: April 28, 1998 PREPARED BY: Michael Ridley LOCATION: Lot 3, Block 1, Eagandale Corporate Center COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (LI) RW M MAID) s Liberty Property Trust is requesting approval of a Rezoning from Limited Industrial to Business Park for a 7.8 acre parcel (Lot 3, Block 1, Eagandale Corporate Center) located on the east side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW %. of Section 11. KIN I;W1]11&V9[s7:4ZIA4VD 9 City Code Chapter 11, Section 11.40, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. X".11140 I/. 11.1 Im; The subject parcel is part of the 200 acre Eagandale Corporate Center subdivision. In April 1997, the Council rezoned the southerly 80 acres to Business Park. The subject site is platted as Lot 3, Block 1, Eagandale Corporate Center and is located in the northerly 120 acres of the site which is zoned Industrial. /8i Planning Repon - Liberry Rezoning April 28, 1998 Page 2 EXISTING CONDITION'S The property is platted but undeveloped. The site contains varying topography and some vegetation primarily in the northwest and along the western boundary of the property. There is a grade change of about 20 feet from southwest to northeast. Although the entire west boundary of the parcel is adjacent to Lexington Avenue, access is provided only to Neil Armstrong Boulevard which makes up the entire south and east boundary of the site. Neil Armstrong Boulevard provides the westerly entrance to the Eagandale Corporate Center industrial park. EVALUATION OF REQUEST According to the applicant, the proposed rezoning will have a positive impact on adjacent property and land values. The BP zone will enable eventual development of the site to accommodate a higher quality business facility than generally achieved under Limited Industrial zoning. Additionally, a BP use will provide a softer transition from the non -industrial uses to the west and will create an opportunity for a higher quality gateway at Neil Armstrong Boulevard and Lexington Avenue into the industrial area to the east. Compatibility with Surrounding Area — Certainly, the rezoning to BP is compatible with surrounding uses in the general vicinity. This rezoning will extend the existing BP zoning to the entire Yankee Doodle/L.exingion Avenue perimeter of the 200 acre site except for the northerly - most portion (approximately 400') along Lexington Avenue. Site Plan — Because a specific development is not being proposed, the applicant has not submitted a site plan; however, the applicant anticipates development sometime this year. Any development will proceed through the building permit process and will have to be consistent with the requirements of the BP Zoning District. Comprehensive Guide Plan — As mentioned previously, the Guide Plan designation for this site is Industrial. If the Council action is favorable to this rezoning request, staff will bring the BP amendment forward for a public hearing and Council action. Staff is still in the process of working with the Metropolitan Council in their review of the amendment to BP for the southerly 80 acres. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. On the basis of the noise policy contours in northern Eagan, the subject property lies within Noise Zone IV. Within this area, commercial office uses would be consistent. The applicant should be aware of an outdoor aircraft noise environment of 60 DNL. While it is not a requirement, the applicant may wish to consider additional sound attenuation of the building if this outdoor noise level would intrude on the activities of a future business. IF 'JFOFX I � Planning Report - Liberty Rezoning April 28, 1998 Palle 3 SUMMARY/CONCLUSION The proposed rezoning appears consistent with existing and anticipated land uses. Future development will proceed through the building permit process and will have to be consistent with the performance standards of the BP Zoning District. This rezoning will extend the existing BP zoning to the entire Yankee Doodle/Lexington Avenue perimeter of the 200 acre site except for Lot 2, Block 1, Eagandale Corporate Center (approximately 400') along Lexington Avenue. R41I1iLa7� To recommend approval or denial of a Rezoning from Limited Industrial to Business Park for Lot 3, Block 1, Eagandale Corporate located on the east -side of Lexington Avenue just north of Neil Armstrong Boulevard in the SW '/. of Section 11. END ■ a 1 Comprehensive Guide Plan Map ~' I IIII I IND CA 01 IND IND CA ~6A_ ' CA IND ^ IND LD' ACA -L, D•IV , .00 O .00 eee F. Development/Developer: Liberty Property Trust Case No.: 11-RZ-03-03-98 Current Guide Plan Designation: IND LIMITED INDUSTRIAL 4VIII-City of Eagan � 2*1opment City o/ Eagan Cemmunhy D*p,nment Agenda Information Memo. May 5, 1998 141.0 MV RIN M:: ►. • ACTION TO BE CONSIDERED: (If the Interim Use Permit for Parking Associates LLC is approved) Receive a petition and authorize the preparation of a Feasibility Report for Project No. 744 (Grand Oak Commerce Center/Park and Ride Ramp — Sanitary Sewer and Water Extension) FACTS: • Parking Associates, LLC is proposing a park and ride facility on property located on the northeast side of T.H. 55, south of Blue Gentian Road in the NW '/. of Section 2. • The developer has petitioned the City for the extension of sanitary sewer and water main to serve this development. • Sanitary sewer is available within the Lawrence Avenue right-of-way approximately 700 feet south of the site. Water main is readily available along the south edge of the site. • If the Interim Use Permit for the Park and Ride Ramp (Parking Associates, LLC) addressed earlier on this agenda is approved, it would be appropriate for the Council to authorize the preparation of a detailed feasibility report to evaluate the proposed scope, cost, financing, and schedule for the construction of the petitioned utility improvements. ATTACHMENTS: • Location map, page / 7 T . • Site map, page .11-..,;--. /9on C �040 [NIS] I I kyj :1 • .r. �-- - � - / • _'may ; / f ------ Ht ti / t u• lit , i• , 1t I itlilt i Iq91 �\) Its ' � I i RAMPU ►�4Yi3�Yl t ASSOCIATES. MC ' 6SAYO OAK COYY[SC[ C[YT[II .j • rYL,l�a� T, sr4,r+� '.nL11T ►W+ li ... wr .r1229 Ik /9S MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 5,1998 A regular meeting of the Eagan City` Council was held on Tuesday, May 5,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were MAyor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Ad t-4 Planner Mike Ridley, Director of Public Works Tom Colbert, and City A=y on: -- AGENDA City Administrator Hedges suggested that the Administrative Agenda be discussed following Department Head Business. He mentioned that the presentation of a 55,000 check from West Group to the Eagan Fire Department would be mad.e. under Department Head Business also. Councilmember Awada moved....,Q-punciLrr&tdber Wachter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE A-Fj1IL21,-J99&.REQULAR MEETING Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 21,1998 SPECIAL MEETING Councilmember Awada moved, minutes as presented. Aye: 5 Nay: 0 TO Mayor Egan mentioned that Brandon Ma participating in a "shadowing" program and was Council. seconded a motion to approve the From Dakota Hills Middle School, is audience to observe the Mayor and DEPARTMENT HEAD BUSINESS City Administrator Hedges stated thot.Fire Chief Jensen was present to acknowledge a 55,000 donation from West Group to be used tow"" :-purc ... W4:the first of five CairnsIRIS Thermal .............. . .. .... ....... ... Imaging Systems. He noted that the doing a series of fundraisers to help in the purchase of these systems. Chief Jenserir:lRinked &zommuruty and businesses for their support in the fundraising efforts. Councilmember N42bili inquir.e.44f a discount is given if more than one system is purchased at a time. Jensen explained tii, the Cit y..:df Eagan will attempt to purchase their system in h :j5d .Krill of Iowa. Mayor Egan thanked West conjunction with a couple of other i ............. ......... Group for their generosity. Jensen added that the Lioii SCidl5contributed $5,000 and Gopher Smelting contributed $3,000 toward this purchase. City Administrator Hedges said that the Council would need to adopt the necessary resolutions acknowledging the donations received to date-f0k.-Iftc:1Y.urchase of a CairnsIRIS system. Councilmember Blomquist commented that a letter should*:'50`t:6ii e City Council thanking West Group for their donation. Councilmember Wachter movdd:-:CounciLmember M89in seconded a motion to direct preparation of a resolution accepting donations Tec6j*kd.tq Oate fcq-;t-.Wi!�IRI5 Thermal Imaging System, including a 55,000 donation from West Group. Ll EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1999 PAGE AL7MI.N1STRATIV E AGENDA HIGHWAY 55.REDEVELOPMENrT DISTRICT AIRLINER AND' j'1#13 1tfQI F $.OESTOS ANALYSIS City Administrator Hedges stated;#hat the City has been asked by the potential buyer of the Airliner and Spruce Motels, Wispark Cq"ration, to assume the costs of demolishing the buildings. He added that the Economic Development Commission is recommending an asbestos analysis to define the total costs of demolition. He further added that the City received two quotations, the lowest of which was Provided by Nova Environmental Services. Councilmember Blomquist inquired about the background of Nova. Assistant to the City Administrator Hohenstein said that Nova is recognized by the state as a qualified company to conduct this typeuf[esting..... Councilmember Awada moved . 'p. ilmtiitber Masin seconded a motion to approve an agreement with Nova Environmental S6M- ces to pktE irorm an asbestos survey of the Airliner and Spruce Motels to determine whether asbestos aj�atentogt:iS:!l?4e65arj: p cior to fire training or demolition activities. Aye: 5 Nay: 0 CONSENT AGENDA In regard to Item H, Proiect 699, authorize the official mappine of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I -35E, Councilmember Blomquist asked about the mapping process and wherc•if;'s filat� undertaken. Director of Public Works Colbert explained the process and said that, ttie actiopj3i1}ie'Council to authorize the mapping will get the process started. In regard to Item K, Extend InteriiiiQraWnce - D -II Moratorium, Councilmember Blomquist said she was concerned about extending the moraf6i.'16fij.ip ap; additional two and a half years since nothing has been accomplished since the ordinance was ippYgwed a year ago. Councilmember Awada stated that the reason it has taken longer than one year is because this is a part of the Comprehensive Guide Plan update that has been worked on for the last nine months and will take another six months to complete. Councilmember Blomquist said that this could have been separated from the Guide Plan update and been done individually. Councilmember Masin stated that she is concerned with extending this for another year unless the City is able 1p,.gi¢e the property owners some type of compensation since they cannot use their property and still batt:oFi tai tS ii c:ii•„ Mayor Egan stated that there needs to be a legal obligation for the City to competj59fe'sori2htT�8i d added that he does not want to commit himself XN to reimbursing someone gratuitously siisiif ly becari";the moratorium is extended for a certain period of time. He added that the City has been pang in e4Wntly good faith trying to work toward resolution of land use policy issues which are in the ii i inte7ea#yf the whole community. Councilmember Awada Stated that this action will onlyprevenC#E1C{lquFieil3;tsv iiei;ftom subdividing. Mayor Egan noted that if the property owner has any form of investment -backed'✓ :' '&tations then perhaps compensation may be owed to them. In regard to N, Approve license agreement with Worldcom Network Services Inc. (Park) Access - Fiber Optic Cable Installation), CouriCibeSA}ier•;Wachter noted that this item was being continued indefinitely. In regard to Item V, Approve esi Blishment of scholarship account, Councilmember Wachter asked.where the money will come frost -*7 the scholarships;.:gifts and donations are not received to cover this cost. Director of Parks and I#�ieapon Vraa..gxplauji d that the scholarships will still be provided but the specific program the syt? tais7iiyai; ei i$ aW4rded may reflect a loss in revenue. EAGAN CITY COUNCIL MEETING MI,NU ES; MAY 5,1998 PAGE In regard to Item X, Pawn Shop Licensing and On -Sale Ligudr Lbcenses. Councilmember "'achter stated that the Council had worked hard to keep certain requirements in.these.oreas;gf the City Code and he asked if the reasons for those requirements are no longer practic .. ..3i:35:i1£E :i eefl ft0 a medical certificate for a message therapist and a bond for a tree contractoi3:lii e6ri��"Cif''*—' Cuiiitistrator Hedges said he would check with City Clerk VanOverbeke regarding the pfb{losed changes. In regard to Item U, Project 743, receive oetition, authorize feasibility report (rowerview Rd./Lemay Lake - Sanitary Sewer and Water extension) Councilmember Awada referenced a letter that the Council received requesting that various items be addressed in the review process for this project. A. Personnel Items Item 1. It was recommended to approve tfle hirin$:. Karen Butler as a part-time seasonal concession worker. Item 2. It was recommended to approvd:ihi :S i... ;.. fi�ekiFii3a l offmann, Michael Remington, Brendon O'Rouke, Lisa Hayden and John Hayden as part-time seasonal tennis instructors. Item 3. It was recommended to approve the hiring of Carolyn McGill as a part-time seasonal pre-school program instructor substitute and Cynthia Huonder as a part-time seasonal pre-school program assistant substitute. Item 4. It was recommended to approve the hittlg qf;A »ber all and Daniel Krocheski as seasonal engineering interns. Item 5. It was recommended to approvee.Kif.." .Of;I`k� Pat Ochis as a part-time seasonal recreation leader. Item 6. It was recommended to approve the hiring of Jacob Loesch and LeRoy Rother as seasonal park maintenance workers. Item 7. It was recommended to approve the compensation rates for election judge supervisors of $7.25 per hour, for regular election judges of S6.25.ger•.4our and.for_student election judges of $5.75 per hour. B. Construction/Demolition tra construction/ demolition debris C. Construction/ Demolition trash approve a construction/ demolition LInc. It was recommended to approve a Inc. as presented. It was recommended to Czeck as presented. D. City Auction, set date for May 16, 10:00 a.m. at Eagan Maintenance Facility 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous City Property to be surplus. It was recommended to schedule the Eagan City auction for 10:00 a.m. on Saturday, May 16,1998, at the Eagan Maintenance Facility, 3501 Coachman Foint pnd:.*.V CT+Ne,items, including bicycles, unclaimed property and miscellaneous City property, to be s.,.*'.. .1 etfgitrjefipt dale. E. Authorize application for grant funding - Heine Pond. Ii:ikas recommended to authorize City water resources staff to apply to the A1nDNR'S:onservation PartngY$.grant program to help fund an experimental project on exotic aquatic lY9G4 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5, 1998 PAGE F. Declare MIS computer hardware and software as surplus for donation to Dragnet. It was recommended to declare various MIS co'M''' uter hardware and software items as surplus equipment and authorize the donation of these product5;f6:Dragnet, a non-profit organization that works with people with disabilities. G. Holz Farm cellular tower/revenue. If'was't2ttiriitifetidi d'to-approve the proposed budget for Holz Farm Friends of the Farm and amend the:Parks and Recreation budget for 1998 to reflect these additions. H. Proiect 699, authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of 1-35E. It was recommended to authorize the official mapping of the northern segment of the Ring Road incorporating Denmark Avenue and Northwood Parkway east of I -35E. L Commercial fertilizer applicator licen3e ior TurfiNerations. fertilizer applicator license for Turf Operations as lxYgsented. J. Final Subdivision, Whispering IVoods:Tw 1g�,tb:Addit kRn.-.Id[I Final Subdivision (Whispering )Foods Twl�Vtji`Aitt3ittp'A:..Ii5is on approximately 5.49 acres located on )Nall Street, in the SW 1/4 recommended by the Council with the preliminary subdivision. It was recommended to approve a nc. It was recommended to approve a of 12 single family lots and one outlot ection 31 subject to the conditions K. Extend Interim Ordinance - D -II Moratorium. It was recommended to approve an extension of the Interim Ordinance restricting development of property w•ith.a;.p-Il land use designation for a period not to exceed 18 months. (Councilmember Masin abstaiPet];:aTif;COuncilmember Blomqu st opposed) L. Approve bids, Lexington & Di Contract 98-01, Lexington Diffley It t( -as recommended to approve Bid Packages for M. Project 695, reschedule public hearing (Yankee 'Dooijie _Rea@ - Street & Lighting Improvements). was recommended to reschedule the final assessment 5t , heatidr Project 695 (Yankee Doodle Road - Bridge and Street Widening) from May 5 to May 19,1998. N. Approve license agreement with Worldcom Network Services Inc. (Parkland Access - Fiber Optic Cable Installation). It was recommended to continue this item indefinitely. O. Contract 98-08, receive bids/aware was recommended to receive the bids Improvements), and award the contra $215,708.75 and authorize the Mayor P. Contract 98-09, approve plans/auth't2jg:a'a:fgr:b Improvements). It was recommended to approve the Street and Utility Improvements) and authorize the a a.m. on Friday, May 29,1998. Q. Contract 89-13, authorize arbitration to re6ov2t:C (Cliff Road )Fater Treatment Facility). It}YA­; r@60'_M` arbitration for City Contract 89-13, Cliff;, t d Water It dbd 6i Evergreen Additions - Street Imp.). It (Dormyw•ood and Evergreen Additions - Street Roadways, Inc., for the base bid in the amount of execute all related documents. Contract 98-09 (Valley View Plateau - ent for a bid opening to be held at 10:30 authorize the pursuit of a claim through Facility. R. Contract 94-00, acknowledge comp"on/authorize Cit-9:1naintenance (Pines Edge 15, Addition). It was recommended to acknowledge thG:caut ,.. bAO.,Pf.+Q-4F! "Eii94-00 (Pines Edge 1" Addition - Street & Utilities) and authorize perpetual City hldi iitEnRnce:.....b Gt tcy:t arranty provisions. EAGAN CITY COUNCIL MEETING MINUTES, MAY 5,1998 PAGE S. Contract 95-B, acknowledge completion/authorize City maintenance (Pines Edge 2nd Addition) It was recommended to acknowledge the complGpon of Contract 95-B (Pines Edge 2nd Addition) and authorize perpetual City maintenance subject to waiia:ty provisions. T. Receive petition/ order public hearing', -`e'%"` gj;ieiif S cat; "Mallas 2nd Add) It Has recommended to receive the petition to vacate drainage and'iitffity easev6enYs 'ilt?Q schedule a public hearing to be held on June 2, 1998 U. Proiect 743, receive petition, authorize feasibility report (Towerview Rd /Lemav Lake - Sanitary Sewer and Water extension). It was recommended to receive a petition and authorize the preparation of a feasibility report for Project No. 743 (fowerview• Road/Lemay Lake - Sanitary Sewer and Water extension). V. Approve establishment of scholarship:account. 4vas recommended to approve the creation of a "Scholarship Account" and process to rece3i'e gifts''/.donations to be used for recreation program registrations. W. Consider amendment to develoomeiif' Q6eebce'rit( aide i�od Ponds 2nd Add - Contract 96 -BB) It was recommended to approve the request for amendment to the Development Agreement (Gardenwood Ponds 2nd Addition). ON and On -Sale Liquor Licenses. It was office to prepare ordinances making tree contractors licenses, pawn shop, Y. Approve application to the Department'ofN!ati was recommended to approve the submission of a by the Park and Recreation Department, Forestry I set of aerial photos of the City. ;e staff to work with the City Attorney's in the areas of massage therapist licenses, or licenses. or a Conservation Partners Grant. It to the Department of Natural Resources purpose of developing a new digitized Z. Final Subdivision, 6.53 acres consisting of two lots for a restaurant and a 151 -unit senior housing facility, Marice Addition - DPDC Inc. It was recommended to approve a final subdivision, Marice Addition, consisting of two lots on 6.53 acres.eastnf Pilot Knoh:Road and south of Marice Drive (formerly the site of the Eagan Athletic Club), locatedyjiS�'.?iiigt:iibn 10. Councilmember Awada moved 'Councihn8&r Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 3'T3#k��:H�AR�f�r6 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hefttuig:tti....... 2C wishing to speak. There being no one, he turned the discussion back to the Counca:*:'-.: 'Councilmember Awada moved;'Councilmember Walder seconded a motion to close the public hearing and approve certification of deW.xggentutility.asCxWtlt;io Dakota County for collection with property taxes. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 6 VACATE A PORTION OF MEAD01VV1EW ROAD, WEST OF ALEXANDER ROAD AND EAST OF THE -:CANADIAN PACIFIC RAILROAD City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public Iteating to anyone wishing to speak. There being no one, he turned the discussion back to the Council?i: Councilmember Blomquist moved, Councilmember Masin seconded a motion to close the public hearing and approve the vacation of a portion of MeadoNview• Road west of Alexander Road and east of the Canadian Pacific Railroad and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 7178, CO1UNTRY1iOME$:J-.JtIGHTS - STREET IMPROVEMENTS City Administrator Hedges proyicWdan oxerviey;:on.tf! item. Director of Public Works Colbert introduced City Engineer Russ Matthys ir}iQd33.Cii5seB:tliEf ails of the project. Mayor Egan stated that he no longer has a financial interest in this project and asked the City Attorney for his confirmation of that fact. City Attorney Sheldon indicated that Mayor Egan no longer has a conflict of interest in regard to this project. Mayor Egan said that since the City received a petition signed by 58% of the affected property owners requesting the, improvements a 3/5's vote of the Council would be needed to approve the project. He then opeved:tii�:-:-:. c hearing to anyone wishing to speak. Curt French, 2811 Villas Lane, gpestigtt 'i51i}' tlie:cost savings of $93,000 was not being passed on to the homeowners in a -reduction to their bsses.$.. t. DtrBctor of Public Works Colbert explained that according to the City's special assessment'p6ff.c3'Ifle:assessable amount was determined to be $10,000 per lot but the appraisal indicated that only $3,000 in be' i rtCeWA:be shown to each property. He added that although there was a reduction in the project cost it did n' :#ddce the benefit to the property owners. Mr. French commented that a lot of dust is created by the gravei roads and there is a cost to the City to provide dust control. He added that he talked to the Police and Fire Departments and they indicated that there is a longer response time to properties located on gravel roads, especially in winter. He urged the Council to approve the project. David Jones, 2988 Pilot Knob Roa43 ;$auf lir%..q4:%A .pport of the project. Cherie Coffman, 1391 Ranier LkiiB referen6 a summary of questions that were asked at the public informational meetings and requgeted the Council approve the project. Mayor Egan asked for a show df:;WASfS'.o=...... i t' ;; wners who were present in the audience on this project and those who were in support aril opp'oseili' Twent}' three property owners were present, 15 were in support of the project and eight were opposed. George Willmarth, 2930 Burnside Avenue, said that he feels the main concerns are the cost of this project to the City, runoff into ponds and theyhp to.*e aesthetic nature of the neighborhood. He further said he was in favor of keeping the Y4asls:gii{i e1;:;:;;1y Engineer Matthys addressed the runoff issue as it related to both gravel and bituittif+iius surfaces.':::::::::. Diane Larsen, 2857 Vilas Lane,:4Wed that she was opposed to the improvements and said that this area is different from the rest of Eagbil and has Jess tcaff;C;;i EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 7 Al Blaisdell, 2943 Inland Road, said he was in support of the project and felt it would be more costly to do the project in the future. Bud Lutz, 2960 Egan Avenue, questioned the affect of the drainage onto his property if an easement is granted for storm sewer and'$aid:ht:. flooding. He added that if the project is approved he would like to see "'f our-ttaystop-mgKiiistalled at the intersection of Burnside and Egan Avenue in addition to a traffic cou$i both prior to and after the project is complete. He stated that he was opposed to the project. Mayor Egg -stated that the Council will need to look at the need for signage on Egan Avenue. Jennifer Ruby, 2909 Egan Avenue, requested clarification on the impact to a culvert on her property. Director of Public Works Colbert said that the condition of the culvert would be investigated. Kris Marquette, 2976 Burnside 14ue, said:dhe was in support of the project. Candy Maloney, 2970 Egan Avdiftie, stated:(fiat she was opposed to the project. She further stated that if the project is approved she ould:*egvest.fhat.her;property be removed from the assessment roll in lieu of granting the City an easemefi£:Ah '9 lir:gi irttitik-tii easement will affect her property. Councilmember Blomquist asked how many ponding easements the City will need to acquire. Director of Public Works Colbert stated that it will not be necessary to acquire any ponding easements but there will be the need to acquire an easement over the existing storm sewer or abandon the existing line and reconstruct a new storm sewer line. Tom Flanagan, 2945 Egan Avenue, said Iiie sfgferS:the gravel roads and is opposed to the improvement because it will cause mord ff' E t.16 -cut through their neighborhood to reach the industrial park. ' Neil Black, 2825 Vilas Lane, noted that thisl5:tfiC f6vittt:proposal for these improvements that has been before the Council since he has lived in the neigh -i nd said he was in favor of the project and commended the Council for reducing the width of the street. ' Bob Lencowski, 1381 Ranier Lane, said he was in support of the project. Sandy Duff, 1390 Ranier Lane, mentioned that she has•gnly lived on Ranier Lane for six months and already sees problems with ruts and:d i3G:ffdiii the. ;O y fiibads. She said she was in favor of the project which will improve their proper;o:value. Joe Harrison, 2817 Beam Lane, Seid the iatp;gvements will increase traffic and added that he likes the gravel roads. He stated that he belie *ii4 it itasi3legaJ for. the Council to reduce the road size and that the road width should be the full 32feet:N�q; ire inquired about parking on the street near Country Home Park. He stated that he was opposed'fo'ihe project. Director of Public Works Colbert stated that it may be possible to provide a curb cut near the park and staff could work with the Parks Department on this issue to address the potential for off-street parking. Merri Solstad, 2980 Pilot Knob Rpitti said she r+a3 :3vpport of the project and added that her neighbors on 2969 Inland Road asked her to convey their support also. Don Cummings, 2960 Inland ]triad ;@talesi.that;o-wA9:3ii support of the project and lilted the reduced width of the roadway. EAGAN QIY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 8 Bonnie Burns, 2969 Burnside Road, said she Has in support of the improvement and suggested the installation of street lights. Mayor E&af'said that a request for streetlights would need to be brought to the Council by a petition. Larry Poppler, 3030 Poppler Lari; p ipi 28SO4::i DitC3gith drainage into Pond DP15. He asked if a hydrologic analysis of the runoff had'l ee11 co'n3iiYteo'Ott fhiS pond. Director of Public Works Colbert said that an analysis has not been done Adexplained the drainage boundaries that will flow into Pond DP15. Mr. Poppler commented on the lack of absorption, the friction factor and increasing additional floes• area and said the City has proposed that the long-range problem be addressed by the property owners who live around the drainage area. Colbert stated that the City is trying to avoid a project that would result in special assessments to Mr. Poppler and his neighbors per his request. He added that if there is an interest to do something withthe drainage pond on the south side of Lone Oak Road the City can respond with a public improvement:ptoject which would require assessments. He further added that Mr. Popplei s property is one of the few:Qi;the Cit)i"i at has not paid an}' trunk area assessments. Mr. Poppler said that the pond is almost at acapacity:?yow. Colbert stated that the pond needs some type of an outlet and it should be addressed by 4,project on:ifs own merits. Mr. Poppler said it should be paid for by the community and not just the resid2tt1s:31?isbt4nisthe;Pond. Colbert said these issues could addressed as part of a feasibility report ftii a:strAi3tpFlijRCE::::::: Mayor Egan stated that Mr. Poppler's questions were outside of the scope of this project and public hearing and would be better addressed as a separate matter. Councilmember Awada said that if Eagan was never fully developed there would never have been a need for a storm sewer system and this is the next stage. Mr. Poppler added that this problem needs to:be addressed but by the community at large and not just the residents adjacent to the pond.. ,Mi0!.d¢:of Public Works Colbert stated that according to the City's policy when trunk irnFipizl8hf4;are uutalled in a drainage district all properties within that drainage district are typicaB :,yyses3itil for t1t03e trunk improvements. He added that this is one of the few areas in the City that has noi.hgd:a; trmilciiiiprovement yet. Councilmember Wachter directed the Engineering Department to coiid'a'CtdSii?'6y;ol:this area and then hold a public hearing on the matter. Mr. Poppler said he was concerned about fairness with regard to this water problem. Councilmember Wachter stated that the City has always tried to do things fairly. Mayor Egan added that Mr. Popplei s concerns were not directly related to this public hearing. Mr. Poppler continued to express his concerns. Councilmember Wachter declared the discussion out of order. Further discussion occurred and Mayor Egan also declared the hearing oxt:p.f.grder.;::. There being no one else wishing tipspeak, i..A.Yor Egan turned the discussion back to the Council. Councilmember Wachter asked how milli) areas iri iiie City still require grading of roads. Director of Public Works Colbert identified the reniaiYting area*: hat are graded. Mayor Egan said that Country Home Heights is the last major subdivity'pjj,{ry;fhe.Clty'..th4slill has gravel roads. Councilmember Awada added that since the cost to the City hay:pQg c �+tj;i�i30q:1S jkEsupport of the project. Councilmember Masin stated that she is in support of the project because the safety and erosion problems are significant. She further stated that if the project is delayed the cost will continue to increase. Councilmember Blomquist stated that the Council is split on how they feel about the City's assessment policy and said she is not in agreement with it. She further stated that generally property owners are assessed 75% for the residential equivalent and 25% is paid for by.:thttifj::S31e.noted that with regard to this project 38% is being assessed to the residents with 62%....'.'.'.:.g &� d'f iE: y dit City. She added that she feels this neighborhood needs improved streets bt#:fairther added tfia#.there are some things that need to be worked out with the assessment policy procedure and said 35'long as there is a block on the Council it probably will not happen soon but H ilF#iappen some day. Mayor Egan clarified that the 7b§6#96 fig3S hi13�;ff jPPlied when a street is reconstructed but not in the case of a new construction project.'C' cilmember Awada stated that the City can only assess up EAGAN CITY COUNCIL MEETING MINUTES; MAY 5, 1998 PAGE to the maximum amount allowed that the property increases in value according to the street assessment policy. Councilmember Blomquist stated. that appraisals, which have been done on the homes in this area are not available to the property oxmers $CCkie:8itbtlC:Ai#yiue and she advised all of the property owners not to sue because they are getting a'veiy' gdtid'deali' "` Councilmember Masin moved, Cti.Rncilmember AHada seconded a motion to close the public hearing and approve Project 7178 (Country Home Heights - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 736, GRAND OAK BUSINESS PARK AUAR ENVIRONMENMAL. REVIEW AND INTERNAL TRAFFIC STUDY Cit}' Administrator Hedges proaiifed an oi,i' iew on this item. Director of Public Works Colbert gave a staff report. Marie Cote, represerifiijg SRF (4... ulting Group, discussed the details of the project. Mayor Egan opened the public hearing taap} orxex ishin _f4;5peak. Greg Miller, representing Wispark, commented that they are in favor of this project. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He asked if special benefit can be established to justify the cost being assessed. He also asked why the John Allen property is not being included. Director of Public Works Colbert stated:jh6l developed and there is no need for an}' etivicktriieii of the remaining parcels would likely triggeT.the no commented that completing these studies ix, : eriel constraints will be identified as well as the necessar studies will also be beneficial to prospective buyers. Allen property is already built out and !rnal traffic studies. He clarified that the size Environmental Impact Statement. He )perty owners. He added that any gr;grovements. He further added that these Councilmember Wachter asked about the impact to the people in the residential areas. Director of Public Works Colbert stated that the residential properties are not being incorporated and there will be no assessments levied against them. Councilmember Awada commerl# Q gril ku.4;,sppx:rsgarding the northwest portion of the site that the Council has had in conjunction:W-ii}i e i tiMp.ithensive Guide Plan update. Ms. Cote reiterated that the study will help to determine whet lmprov6&ients are needed and will benefit prospective buyers. Councilmember Wachter moved '. un liii4mber Masin seconded a motion to approve Project 736 (Grand Oak Business Park - AUAkbV.fEptuii$tifAl F{CYieia and Internal Traffic Study) and order the preparation of the respective studies to be performed by*.the firm of SRF Consulting Group, Inc. Aye: 5 Nay: 0 OLD BUSINESS DEFERRAL OF SPECIAL'6E�'�Ef2'XNP. WATER ASSESSMENTS UNTIL TAX PA.Y- LE YEAR 2b08 ;QAPONI ART PARK City Administrator Hedges pray Wed an overview op.#iis item. Dave Kennedy, President of th8;$p f[) i�;�5ii'�£ECt :: Qhe Caponi Art Park, said that the Legislature felt the decision of whether orrtoPto''d'efei`spe�eial'a'ssessment payments was better left to the EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE10 City of Eagan. He said the Capons and the association appreciate the Council's endorsement of this legislation. Councilmember Wachter asked if the foundation, that was recently established, would consider reimbursing the cost of the chain link fetlC4:i{19Edj#eii:� Gail itp;in addition to staff and attorney fees that have been incurred by the City. Mr. Keriii;sdy'sfiitl'ii eivxs:iiii divare of these issues and said their main concern is to make this park a great attr3j�tibn for the City. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a resolution deferring the payment, including current and future accrued interest, of sewer and water special assessments levied against the 60 acre tract of property at 1215 Diffley Road known as the Caponi Art Park until tax payable year 2003, providing that if the property or any portion of it is, during the five- year period, conveyed to anyone other t}iai Mrs. Caponi, a child of Mr. Capon or a non-profit corporation, all deferred special assessmEtits woulO:.:�e payable with interest at that time. Aye: 4 Nay: 1 (Councilmember Wachter opposed) City Administrator Hedges stated;tlutt.gpproyal sNuld; be subject to an agreement to be worked out between the City Attorney and Mr. WESCOTT HILLS DRIVE, CONSIDER STREET NAME CHANGE AND DELETE MUNICIPAL STATE AID DESIGNATION City Administrator Hedges provided an overview gave a staff report. Mayor Egan suggested that thei.4*c*i :pro come up with a neer name for the street'-:: hector of coordinate with the neighborhood and try^foccOAl2:H compatible to the affected property owners. ' item. Director of Public Works Colbert wners should be given the opportunity to Works Colbert indicated that staff will a schedule and street name that is most Councilmember Blomquist moved, Councilmember Masin seconded a motion to remove Wescott Hills Drive from Municipal State Aid Classification and staff was directed to contact neighbors to consider recommendations for a street name. Aye: 5 Nay: 0 , DETERMINATION OF NEED, ENVIRONMENTAL ASSESSMENT WORKSHEET EAGAN:Fi ..... A AY C:;FACILITY City Administrator Hedges prdv:ided an 04i jview on this item. City Attorney Sheldon stated tliiituQon,tfiQ:S rbmittal of the petition the Environmental Quality Board (EQB) designated the City as the 99E .Q' f�sSb7e:(aCs rieirtal Unit (RGU) and therefore responsible for making a determination as to whether.th&e is't}ie'need'fd'r'an Environmental Assessment Worksheet (EAW). He explained the difference between mandatory and discretionary completion of an EAW. City Administrator Hedges mentioned that staff received a copy of the petition that was submitted to the EQB and stated that staff review.go:e3Gp item and prepared findings for Council consideration. Director of Parks and RecrditR7,i?944:: a tiE'i±ed the major points listed in the petition and explained staff's response. Larry Christensen, 3696 Denmark•Avenue, commented on the parking and traffic situation at the St. Louis Park aquatic facility. Vraa indicted that ove;f .i? ,!:O king can be considered if the parking on the Municipal Center Campus is not sAcieM::::::::;: EAGAN CITY COUNCIL AfEETING MINUTES; MAY 5,1998 PAGE 11 Jeff Gregory, 1322 Deercliff Lane, commented on the Council's approval of Project 736 (Grand Oak Business Park - AUAR) earlier on the:agenda and asked if the completion of an EAW would improve the attractiveness of the adjacent property .: Rnei s property. He said he understands that an EAW will not be approved this evening and added that he does not necessarily find that to be a bad thing because that will lead to legal questions in the futiltQ:::;:::::;: Councilmember Masin said she would like the Council to request the Advisory Parks Commission do a build out for the City, tl 4would include all the amenities the Council would like the City to have and determine the best sites G all these uses. Councilmember Blomquist stated that she would like the Council to conduct studies to determine the effects of increased traffic and parking. She added that there is no statistical data available regarding this proposal and the potential effects. gbj :said that she believes the City needs a pool and is not opposed to this site if the facility is scaled back mi tike. She g2;estioned the impact of chemicals from the pool on the environment. She said she does not * ht this pFgject to be slowed down, but said that some issues need to be addressed. Councilmember Awada stated thi t'sAe agF 's'SO tie'issUes need to be investigated more fully but added that if an EAW is completed it will sta ffie project for'af least a year. She further stated that the rest of the Council supports addressing the issues in conjunction with the construction of the pool. She added that she was not in support of an EAW that will slow down the project. Councilmember Blomquist commented that she feelsthe City should hire outside consultants to address noise impacts, parking and runoff from chlorinate&:, pills. Councilmember Wachter said that these issues can be addressed at the appropriate tiit'e' :: ;:i:::i'" Councilmember Awada moved; Miylor. Egan sec6hded a motion to adopt findings concluding that an Environmental Assessment for the Eagan Family Aquatic Facility. Aye: 3 Nay: 0 (Councilmember Blomquist and h3asq'iia$stitined) Councilmember Blomquist stated that she was abstaining because the Council has not indicated how the environmental impacts will be addressed. Councilmember Masin concurred. Mayor Egan noted that the pool capacity does not mandate the completion of an EAW. He added that the Council will continue to address the concerns that havg been identified. He stated that the Council retained the services of Barton ASGtiiial:3bont:piiee}gars ago to conduct a study to identify the City's recreational needs. He commente;a-6h the iyybk lisf'tK'af was developed as a result of that study. He said this site has been anticipated a§:Vie locatioii;Apr a use similar to the aquatic facility. CONSIDER DEM41V &,:PiDE'Z£LOPMEyN.T OF PROPOSED N-1 EAGAAh [Y:Q 79ji;,(' (FACILITY City Administrator Hedges provided an overview on this item. Chuck Neuman, Water Technology, Inc., discussed the details of the proposed facility. Hedges commented on the number of e- mails, letters and petitions that were received both in support and in opposition to the proposed facility. Larry Christensen, 3896 Denmark-M....ue;:3 id,;jjat;the petition which was submitted containing 500 signatures does not indicate that the:0.e. toners are dp }t 3gd to a swimming pool but rather they feel the site is undersized. He commented tii lt", me people H hq: igned the petition in opposition to the site were from other areas of Eagan besides;tbe area adjacent to thg•site. He noted that the concerns of some %residents include the cost, size of the f4ft,, noise im .acts.tg4iKe library and the adjacent residents, visual s that should be explored. impacts, traffic and parking. He said tti2tp:aY6:gGtil;at{eii>afiVf EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 12 Mike Lasusa,1348 Chatterton Court, presented a petition containing 300 signatures requesting the Council approve the aquatic facility ort$he Municipal Center Campus with all the proposed features. He added that there is no sense of comm"iii;ty in Eagan and this will offer a central place for kids to go. He commented that noise is generated from a variety of sources such as I -35E, Pilot Knob Road and airplanes. He said that this site was purC 4ia . i:'Mwpt?_yWi 4git and was intended for a similar use. He stated that he started getting signatures for L. periif n"teidiy afternoon. He added that most people thought the aquatic facility was already Approved by the Council. Councilmember Blomquist clarified that she is not opposed to a swimming pi2CrJ as was indicated in a voicemail message left by Mr. Lasusa's wife. Tim Dunn, 3935 Denmark Avenue, stated that he was opposed to the aquatic facility and commented on the noise factor. He said this outdoor facility will only be open 90 days per year and also commented on the large scale of the facfjiEy. Holly Nelson, 3562 Woodland 1, subaijtf2d a petition in support of the project. She cited the benefits of the bike trail access and job oprportuniti2S.for youth. Jennifer Griffith, 1967 Chipmuri;t oiltf idiot i# Shetiid not have a strong position in favor of or in opposition to the pool. She added that she enjoys the wading pool and hopes the Council µ•ill keep the price reasonable so families can afford to use the aquatic facility. Jo Lipinski, 3,460 Golfview Drive, stated that she is a home health care nurse who works at the senior facility in St. Louis Park which is adjacent to an aquatic.facility. She added that she had worked there for some time before realizing there was an aquatic faaty nearby and further added that noise is not a problem. Mayor Egan said that the only 66hcern the Parka:.nd Recreation Director and the Mayor of St. Louis Park had with their aquatic facility ff ht f: irtg.enough staff. Councilmember Aµada stated that the reason t}ie''eoiiSitltants have not conducted noise studies is because no concerns or issues have arisen from the hundreds of other water parks that they have constructed. Brandon Mason, 1379 Easter Lane, said he feels the aquatic facility will have a positive effect for the communih, and further said he feels the,cite is appropriate, He commented on the minimal impact to the library. He added that this site is cerctrii:fa:..... is qh K as designated for a similar use. He further added that noise from the facility will bi i$thgate'd`by.•-.3"dscaping and the lower elevation of the pool. Steve Ballinger, questioned the:sRtvice entrance and what types of trucks would be using it. Mr. Neuman said that the major access wil) :,tJvnu�k thq part "lot and only minimal access will occur to the back of the facility. Councilmember Blomquist asked about the noise from the pumps. Mr. Neuman described the building that will house the pumps and said that when the doors are closed no noise will be heard. Tim Dulac,1255 Deer+rood Drive, aslse 46oCtt;the elimination of the lazy river feature and the possibility of relocating the water slides atfdffiecHxiifc#l8}Qas. Mr. Neuman stated that the lazy river feature was added to provide additionaJ�Capacity. He fuitliFt;stated that after the bids are received the Council will decide whether or not to include this feature. f3eexplained that the water slides were moved further from the residents' homESand clarified why. tey could not be moved further. He stated that in accordance with the populatiortidf.Fjgan ;the.lazq:;ri : s a much better fit for the community. Discussion occurred regarding the pro....... fff; Ok 13 B ij afic facility with and without the lazy river feature. Councilmember Wachter added'ffiaf tlieTazy''rive'r.is'family-oriented and provides more EAGAN CITY COUNCIL MEETING NII.NUTES; MAY 5,1998 PAGE 13 entertainment. He further added that the Council felt adding this feature would make the facility more successful. Councilmember Masin addressed'tti'ncerns that were raised by the public regarding non -Eagan residents coming to use the facility. She ate' id$btff:&tgitir:.mWents currently have to use facilities in other communities and the aquatic facility shodiii:#? DpCt>tti¢YetYA She stated that she is concerned with the process and planning regarding this fAcility. Councilmember Wachter commeh*d on noise he hears at his residence from traffic on 1-35E and added that the interstate has benefited the community of Eagan. He mentioned the opposition the Council had when they approved the trail system and stated that this has been a very successful feature in the City. Mayor Egan mentioned that the(g'gs no se envisioned to serve the greater Eagan cogginunity continue to try and mitigate the concem3i60 the re direction to design a facility to meet the lieeds:of. t commercial facility. He added that it fitiJii:Fi. q v this site. He discussed the history and zoiiiiig of t been considered for this site. if community in the City and said this facility was noted that the Council has indicated they will its. He said that Water Technology, Inc. was given rtire City. He further said this is not designed as a J plan for the City and fits well on that this type of facility has always Councilmember Wachter moved, Councilmember Awada seconded a motion to approve authorization for the completion of the design and development phase of the proposed Eagan Family Aquatic Facility. Aye: 3 Nay: 2 (Councilmembers Blomgtritiand Masin opposed) Councilmember Masin stated that:Sli'eitiai Jofiii&no because the major issues need to be addressed and a timeframe has not Beee established to address them. Councilmember Blomquist said the lazy river feature is too large for this site.She stated,that she is in support of a pool, but said she is also concerned that the issues are not being addressed' :::::::::::::::::::::.:..: NEW AUTHORIZATION, PREPARATION OF CEDARVALE COMMERCIAL AREA TAX INCREMENT FINANCING REDEVELOPMENT PLAN FOR CONSIDERATION OF THE FORMATION OF A TIF DISTRICT City Administrator Hedges proxfd2i?'in ti'vettikw oa t#tis item. Assistant to the City Administrator Hohenstein gave a staff t4ivrt. Councilmember Awada said stiC;?t as in support of this proposal. She asked about the inclusion of the properties on the north side of Tk3t3;:iC3$ tisiitt5ttic¢:lhat the Council may choose to include other areas and added that it is likely t} isl't}ie}iiopertyite:th:iiorth side of TH 13 could qualify for a separate district. He further said the analysis could be extended to include the north side of TH 13. Councilmember Awada suggested doing an analysis of the entire area and later splitting it into two districts. Councilmember Blomquist questioned if any residential area was being included as indicated on the map. Hohenstein clarified what property.;r�.a :, .Ong included. Councilmember Awada moved :::C-�tmcilmetiiWt..::.Wachter seconded a motion to approve authorization for the preparation of a t'e' ,elopment markt ,plan and land use plan to be used for the consideration of the formation of a tax increment financing iegi velopment district. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 14 INTERIM USE PERMIT - PARKING ASSOCIATES, LLC City Administrator Hedges provf;3Fd an overview on this item. Senior Planner Ridley gave a staff report and stated that the City received a petition on Friday requesting that an Environmental Assessment Worksheet be prepared on ":progopsal He:adOed that this petition has not been sent to the Environmental Quality Board yet. He said:.t3te;AlS>x;ditti+iii be completed on the triangle area will respond to the typical issues that an EAYf`: Would address and the mandatory ISP will address traffic and air quality. City Attorney Sheldon said that if the EAW is filed with the EQB it is likely the EQB will deem the City to be the responsible governmental unit to make the determination of whether there is the potential for significant environmental affects. He added that the Council may have made that determination already by authorizing tltG.:AUAR and the traffic study analysis for the triangle area. He stated that the Council could approve the ifpplicatim, subject to completion of the AUAR, ask the applicant to waive the agency action regiment i.M wait for the results of the AUAR or deny the application. Dave Sellergren, representing Pati<fti'g i4ssCiCW1*i$'; LW:'3tated that the), had requested an interim use permit for a I5 -}'ear timeframe, but't1i'e'A i� isoig'i'iiiitlti'g Commission was only recommending the permit be approved for a period of five years. He said they would like to request that eight years be approved which would more feasible from a financing perspective. Councilmember Awada asked if the Council was intending to act on this application this evening or delay action. City Attorney Sheldon stated that Counci-.Na�:ihe option of waiting until the completion of the AUAR before acting on this application..;::.;:::;:>::;::>>''' Dir. Sellergren said that this pr*ei'does not meet the mandatory thresholds for an EAW and said that the Council could condition the appro304:3Tthe:apolication on the completion of the AUAR and receipt of the ISP. Councilmember Wachter statedAhiff:t ie.Council should not consider the application this evening. Dir. Sellergren added that they would pieferspttie determination from the Council regarding the land use request. . • Councilmember Blomquist said she was concerned that the Council has spent a considerable amount of time considering zoning this parcel to Business Park and further said she was not ready to allow an interim use on this site. Mayor Egan stated that the Council is trying to attract Business Park uses because it enhances the quality of a paTpciiTgc zon}pg-Wstfict. He added that the residents in the area have a certain reasonable expectati6:a *5":f6 '' h *:i&iiir'-land will be rezoned to and what the land around them Kill look like. He said thiy iiSterim use..O ies not fit any of the use classifications that Business Park normally entails. Mr. Sellergren stated that the tiiiikkttigj$afc+13&13:tiid#:uill be used meet those required in a BP zoning district and the building will be'desigiie$ dotliatif:ift be converted to an office/warehouse use. Mayor Egan noted that one APC member likened this use to outdoor storage. Mr. Sellergren commented on similar structures in Bloomington and the compatibility with the surrounding uses. He added that a component of this investment is designed to convert the structure to another use. Mayor Egan said that he has several concerns pertaining to what the Gpuncil; is trying to do with this area. Mr. Sellergren stated that the Council could condition their actiofi:. tii6:GRmvlbtion of the AUAR. Council -member Masin said was willing t6':ppiitinue consideration of the application. Mr. Seilergren indicated that the applicant »;as willing to waive. 60 day agency action deadline and agree to a continuance. Councilmember Awoji. added that it wo4R.be in the best interest of the applicant to work with the commercial and resideritiklkiCi • b4?ti2:!V.PWler, representing Wispark, said the}have some concerns with this request. EAGAN CITY COUNCIL MEETING I•IINUfES; MAY 5,1998 PAGE 15 Councilmember Blomquist moved,:Councilmember Wachter seconded a motion to continue consideration of an Interim Use Permit t0 Operate a park and ride facility on property located on the northeast side of TH 55, south of Blue Gentian Road in the NW 1/4 of Section 2 until the AUAR is completed. Aye: 5 Nay: 0 INTERIM USE PERMIT- WAYZATA $•AY CENTER COMPANY City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Discussion occurred regarding the appropriateness of approving this use in the Cedarvale Shopping Center given the fact that the AKea may be considered for the formation of a Tax Increment Financing District. City Administratorh'Iedges stated that the City has no control over what the property owner wants to do with the Cedarvale S' o'ping Center. Councilmember Awada said that leasing the space to the School District will make thp;propert}'iiiore valuable. Sue Grissom, the School District t?,vailable for questions. Councilmember Masin moved, Councilmember Awada seconded a motion to approve an Interim Use Permit converting 10,000 sq. ft. of the existing Cedarvale Shopping Center into classroom space for Independent School District 191's Special Needs program located at 391.1 Sibley Memorial Highway subject to the following conditions: 1. The permit shall terminate on June.l;::2f1S18;::':'%'' 2. Student hours shall be liiiiite'd'to 8:00 a.tiii - 3:00 p.m. 3. The number of students shell'be' Btititect;fp 50• 4. All students shall be bussed to and from the'siti?. 5. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The Interim Use Permit of such review shall be compliance. The Intern condition of the permit' with all interested yard Aye: 4 Nay: 1 (Councilmember ck, V.4 {t.:ahnual administrative review. The purpose ! d*"F*. etb,nditions of the permit are within oiay be revoked for failure to comply with an}, noncompliance and a hearing by the City Council an opportunity to be heard. Councilmember Wachter stated that he was not opposed to the project but felt that if a TIF district is formed the City may be placed in a difficult position. REZONING..;: ' ERZY OPERTY TRUST City Administrator Hedges pro..P.Nid an overview"oii." item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 16 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Rezoning from Limited Industrial (1-1) to Business Park (BP) for Lot 3, Block 1, Eagandale Corporate Center. Aye: 5 Nay: 0 PROJECT 744, C,RAND OAKS COMMERCE CENTER (PARK ILITIES) Councilmember Awada moved;;Cd'uncdmember Wachter seconded a motion to receive a petition and continue consideration of a feasibilif}: i eport for Project No. 744 (Grand Oak Commerce Center/Park and Ride Ramp - Sanitary Sewer and Water Extension) indefinitely. Aye: 5 Nay: 0 ROUND TABLE Mayor Egan commended City P.t;fprney Sheldon on his re-election to the Dakota Electric Association Board. Councilmember Awada moved;'Cbuncilmii.tilber Masin seconded a motion to schedule a Special City Council meeting for May 26, 1998 at5, f?stt.A3te:;.5t� a}c. 0 City Administrator Hedges mentioned that the Eagan Foundation authorized an essay contest requiring youth to write an essay in response to a question about the community. He asked if the Council would be interested in acknowledging the winners of the contest from each school. Councilmember Blomquist moved, Cou request by the Eagan Foundation for two eighth May 19,199S City Council meeting. Aye: ,5 ,N. a Councilmember Wachter information. Mayor Egan gave a letter from Judith Dutcher to City Administrator Hedges. seconded a motion to include a read essays about the community at the of monopoles and requested further Auditor's Office regarding investments Councilmember Masin reminded the Council of the County of the Future Conference that will be held on May 19. She stated that it takes courage for people to approach the podium and speak to the Council and requested that Councilmembers.da not become O\erzealous in their comments to them. Councilmember Blomquist comfit4tto. ed N* . er she.received from a resident and said she hoped her road suggestion would not 6:&ken serfaa3ly. Councilmember Awada stated:tl23t.4a?rr): i'QJ;.plgt neecls to be aware that he will be treated the same as the other property owners in tI{g itj t t)}.r.. d Shy public improvement project and proposed assessment. "' CHECK REGISTER Councilmember Wachter moved, Magctt:ft .BC4onded a motion to approve the check register dated May 4, 1998 in the amount of51,689;027:? �': Aye:;:Silay: 0 ADJOURNMiRf:. The meeting adjourned at 71:3a;p;;n EAGAN CITY COUNCIL MEETING MINUTES; MAY 5,1998 PAGE 17 Date City Clerk U you need these minutes in an alternative foriii�ekfeii es�faige �}fkifj ieille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, NIN 55W.; (612) 6814600, (TDD phone: (612) 454-8535). MILK The City of Eagan is committed to the policy f'V l 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, sexual orientation, marital status or status with regard to public assistance.