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
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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—
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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
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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
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�o
80
N
1
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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.
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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 \
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FACILITY
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city of eagan
PUBLIC /
WORKS /n� LOCATION NAP
DEPARTMENT vvv
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NO SCALE
J� 00800-010-04
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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
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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
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Project Location
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� LOCATION MAP
0 Project 717R
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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
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LONE OAK ROAD
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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
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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
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city of eagan
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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
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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
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I. brary and residential properties which are penerel'y isolated from high r1obC levels by eppropriato land use
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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.
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` • 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
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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
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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.
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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.
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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-..,;--.
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/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—
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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
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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
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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
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80
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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.
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city of eagan
PUBLIC
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SECTION 10
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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
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city of eagan
PUBLIC /
WORKS /n� LOCATION NAP
DEPARTMENT vvv
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NO SCALE
J� 00800-010-04
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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
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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
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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
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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
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JOAQUIN TRADING CORP.
U.O.A. PnEVENIIVE MAINTENANCE TRUCK REPAIR 7550 24U Avenue Soo sih
Mliuieapolle, MN 65450
612 / 726-1345
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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
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I. brary and residential properties which are penerel'y isolated from high r1obC levels by eppropriato land use
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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.
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` • 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
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A Location Map
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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.
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Comprehensive Guide Plan Map
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Case No.: 02 -IN -02-03-98
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Subject Site 1
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Case No.:
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02 -IN -02-03-98
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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.
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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
~'
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IND
CA
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IND
IND
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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-..,;--.
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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.